HomeMy WebLinkAboutBid DocumentsGENERAL SERVICES AUMINIs,rRATOR
A Jh95!ON OF THE OFFICE CF THE CRY MA rER
1225 MAIN STREET - SEBASTIAN. FLORIDA 32958
TELEPHONE (772) 388-8241 FAX (772) 581-0149
E-MAIL=pwagner@cityofsebastian.org
BID DOCUMENTS
ALLEYWAY IMPROVEMENTS
PREPARED BY
CITY OF SEBASTIAN GENERAL SERVICES
IN COOPERATION WITH
THE ENGINEERING DEPARTMET
CONTACT: Mr. Jesus M. Vieiro. Buyer (772) 589-0743
jviejro@cityofsebastian.org
SEPTEMBER 2002
CITY OF SEBASTIAN - BID
ALLEWAY IMPROVEMENTS
TABLE OF CONTENTS
1 NOTICE OF INVITATION TO BID
2. BID PRICE SCHEDULE FORMS
3. INSTRUCTIONS FOR BIDDERS
4. BIDDER'S QUALIFICATION QUESTIONNAIRE
5. ATTACHMENT'A' FORM OF AGREEMENT WHICH INCLUDES
e. GENERAL TERMS
b. DRUG FREE WORKPLACE FORM
c. PUBLIC ENTITY CRIMES FORM
6. ATTACHMENT'S' WHICH INCLUDES
e. R.O.W. PERMIT
b. SPECIAL TERMS and CONDITIONS
c. SPECIFICATIONS end PLANS
IMPORTANT NOTICE TO BIDDERSHM
SUBMIT TWO (2) SETS OF THE BID AS FOLLOWS
1. BID PRICE SCHEDULE FORMS COMPLETELY FIl l OUT AND SIGNED
2. BID BOND
3. PROOF OF INSURANCE AS REQUIRED IN THE INSTRUCTIONS FOR BIDDERS
4. PROOF OF LICENSES
S. DRUG FREE WORKPLACE FORM EXECUTED
7. PUBLIC ENTITY CRIMES FORM EXECUTED
S. BIDDER'S QUALIFICATION QUESTIONNARE
9. REFERENCES INCLUDING ADDRESS AND PHONE NUMBER TO CONTACT
FAILURE TO SUBMIT THE ABOVEAMYSUBJECT YOUR BID TO REJECTION READ ALL OFTHE BIDDING
DOCUMENIS PROVIDED AHD THEN SUBMIT 110UR BID ACCORDINGLY.
NOTICE OF INVITATION TO BID
SEALED BIDS FOR A LICENSED FIRM TO RECONSTRUCT THE
HIGHLANDS ALLEYWAY, WILL BE ACCEPTED BY THE CITY OF
SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958,
UNTIL 2:00 P.M. ON OCTOBER 15, 2002. BID ENVELOPES ARE
TO BE MARKED AS FOLLOWS:
BID: I
OPEN: O TOBER 15, :00 P.M.
The City of Sebastian is seeking bids from licensed firms for the
reconstruction of the Alleyway south of Route 512.
The Contractor shall be able to be properly licensed in the City of Sebastian,
and shall show Proof of Insurance to conduct its business, with all licenses,
permits, and certificates as required by all local, State of Florida, and
Federal agencies. Vendor must be capable of obtaining the appropriate licenses
and certificates in the City of Sebastian.
Firms interested in preparing a bid may pick up or request a complete bid
package from the Office of General Services 772-388-8203. All items bid shall
conform to the Contract Documents in their entirety, and no bid shall vary
from the Contract Documents unless specifically approved in advance in writing
by the City.
Any bids received without Bid Bond equal to 59 of the base bid amount, Public
Entity Crime Form, Drug Free workplace Form, Proof of Insurance (in the
amounts specified in the Contract Documents), and Bidder's Qualification
Questionnaire, may be considered incomplete and immediately disqualified. Any
person or affiliate who has been placed on the convicted vendor list following
conviction for a public entity crime may not submit a bid as proscribed by
Section 287.133, F.S.
A Payment and Performance Bond equal to one hundred percent (100%) of the
Agreement price shall be required on this project, and shall be provided by
the successful bidder at the time of the execution of the agreement. This
contract contains a liquidated damages clause of $ 100.00 per calendar day.
Questions concerning this project should be directed to Jesus M. Vieiro, Buyer
(772) 589-0743.
A mandatory pre -bid conference has been scheduled for September 26, 2002 @
2:00 P.M., at the address stated above in City Hall. Attendance is mandatory
for all bidders.
Bids duly submitted will be publicly opened and read aloud at date and time
specified above, in City Hall. The City reserves the right to reject any and
all bids, or to accept any bid or portion thereof deemed to be in the best
interest of the City, and to waive any non -substantial irregularities.
CITY OF SEBASTIAN - BID PROPOSALS
ALLEYWAY IMPROVEMENTS— SEPTEMBER 2002
BID PROPOSAL PRICE FORM
The undersigned having become thoroughly familiar with all of the Bidding Documents
incorporated herein, the project site and the location conditions, and time schedule affecting the
work, hereby proposes to perform everything required to be performed in strict conformity with
the requirements of these documents, and to provide and famish all the supervision, labor,
materials, tools and equipment necessary to provide the services meeting or exceeding the
specifications as set forth herein for the price(s) quoted below. The price(s) quoted is(are)
inclusive of any Addenda which may be issued.
By the signature below, the Contractor agrees that this Bid Proposal is made without any other
understanding, agreement, or connection with any person, corporation, or firm submitting a bid
for the same purpose and that the bid is in all respects fair and without collusion or fraud. If
awarded any work under this bid proposal, the Contractor agrees to enter into said agreement
within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and
conditions of all documents stated herein with the City of Sebastian for the below stipulated price
which shall remain firm for sixty (60) days following bid opening date.
ITEM NO. DESCRIPTION
100-1
Construct. Surveying & Record Drawings
101-1
Mobilization/Demobilization
102-1
Maintenance of Traffic
104-2
Prevention, Control & Abatement of
Erosion & Water Pollution
I10-1-1
Clearing & Grubbing
110-7-1
Mailbox (Relocation)
120-6A
Embankment
285-701
Optional Base (Base Group 1)
285-706
Optional Base (Base Group 6)
331-72-14
Type S Asphaltic Concrete Q 'I/ ")
425-1-521
Type `C' Ditch Bottom Inlet (<10')
430-84-023
Corrugated Aluminum Pipe Culvert (15")
EST. UNIT UNIT
QUAN. MEASURE PRICE
I LS $ $
1 LS $ $
1 LS $ $
4.30
1
140
12,180
12,320
2
36
LS
AC
EA
LS
SY
SY
SY
EA
LF
AMOUNT
BP I of 2
430-96-513
4" PVC (SCH 80)
9
LF
$
$
430-96-518
8" PVC (SCH 80)
20
LF
$
$
519-78
Bollards
10
EA
$
$
522-1
Concrete Sidewalk (4" Thick)
29
SY
$
$
522-2
Concrete Sidewalk (6" Thick)
116
SY
$
$
530-34A
Ripmp Rubble (Ditch Lining)
20
SY
$
$
575-1-1
Sodding (Bahia)
10,100
SY
$
$
70040-1
Single Post Signs
27
EA
$
$
711-4
Directional Arrow (Thermoplastic)
16
EA
$
$
GRAND TOTAL
$
NOTES:
• The Quantities indicated on this Bid are estimated and shall only be used for the purpose of Bid Evaluation and
Award. The estimated Bid Quantities do not constitute a guarantee of work. The Vendor agrees that that the
prices quoted have taken in consideration that the Actual Quantities may exceed or may be lower than the
estimated Quantities indicated on this Bid.
• Bid award(s) will be based on the Lowest GRAND TOTAL Amount, providing the Bidder is both
responsible and responsive.
CONTRACTOR WARRANTS TOTAL CONTRACT COMPLETION TIME SHALL NOT EXCEED
CONSECUTIVE CALENDAR DAYS.
Authorized Signature Primed Name
Firm Name & Address Title
Phone Number
Date signed
BP 2 of 2
CITY OF SEBASTIAN
INSTRUCTIONS FOR BIDDERS
I. PRE -BID CONFERENCE(ONLYIF CALLED FOR IN THE NOTICE OF INVITATION TO BID)
A mandatory pre -bid conference shall be held at the City of Sebastian City Hall, at the time and
date specified in the Notice of Invitation to Bid. All prospective bidders are required to attend this
conference. Questions concerning the project or bid requirements may be addressed at this time.
2. REOUIRED COPIES
Two (2) sets of bids shall be submitted on the Bid Proposal Price Form provided, including any
other forms, proofs, and documents as required.
3. SEALED BIDS
Bids shall be enclosed in a sealed envelope which shall show (lower left corner) the time of the
Bid, and the date and time of opening. The envelope shall also show the name and address of the
Bidder. The Bid shall be submitted as stipulated in the Notice of Invitation to Bid.
4. BIDS NOT CONSIDERED
Bids not considered are late Bids, telegraphed or faxed Bids and bids which do not conform to the
instructions contained in the Notice Of Invitation To Bid. Bids may be withdrawn by fax or
telegraph provided that such notices are received prior to the date and time specified in the
Invitation.
5. BIDOPENING
Bidders are welcome to attend the bid opening; however, attendance is not mandatory. Opening of
the Bids will commence at the date and time specified in the Notice Of Invitation To Bid, and
publicly read aloud, providing one or more Bidders are in attendance. The Purchasing Agent or his
designee shall be present at all Bid openings.
6. BID EXAMINATION
Bid files may be examined during normal working hours, ten (10) days after bid opening, by
appointment only, by contacting the City Clerk's office at 772-589-5330.
7. REOUIRED INFORMATION
Bidders shall follow all instructions and provide all information requested on the Bid Proposal
Price Form. Bidders wishing to qualify all or any portion of the bid shall provide a hand printed or
typed explanation on the bid or separate attachment to be submitted with the bid.
8. ACCEPTABLE BIDS
Bid proposals shall be typewritten or filled in with ink. Any erasures or corrections must be
initialed by the Bidder in ink.
Instructions Page I of 5
NEW EOUIPMENT AND MATERIALS
Prices shown on the bids shall be prices for new equipment and materials, and the successful
bidder shall warrant same for a period of not less than one (1) year from the installation date, or as
otherwise stated.
10. SALES TAX
Although the City of Sebastian is exempt from Federal and State Sales and Use taxes, Contractors
or Vendors doing business with the City are not exempted from paying said taxes to their supplier
for goods or services purchased to fulfill the contractual obligations with the City, nor shall any
Contractor or Vendor be authorized to use the City's Tax Exemption Number in securing such
materials.
I1. CONFLICT OF INTEREST
Contract Award is subject to provisions of State Statutes and City Ordinances. All Bidders must
disclose with their bid the time of any officer, director, or agent who is also an employee of the
City of Sebastian; further, all Bidders must disclose the time of any City employee who owns,
directly or indirectly, an interest of ten percent (10%) or more in the Bidder's firm or any of its
branches.
Should the successful Bidder permanently or temporarily hire any City employee who is, or has
been, directly involved with the Bidder prior to or during performance of the resulting contract, the
Agreement shall be subject to immediate termination by the City.
12. LICENSING. CERTIFICATION. AND/OR REGISTRATION
Contractors most show their current occupational license, as well as any licenses required by
Chapter 489, F.S., Section 62C-20 (F.A.C.), and/or by the US EPA, FL DEP or the FL Department
of Agriculture and Community Affairs. All licenses shall be up to date.
Contractors must show their current Contractors license. Prior to start of work, if the Bidder is a
State Certified General Contractor, the Bidder most be registered with the City of Sebastian; if the
Bidder is a State Registered General Contractor, then the Bidder must hold a Competency Card
with the City.
In any event, the Contractor shall contact the Administrative Assistant at the Building Department
772-589-5518 and insure compliance with all City ordinances, rules and regulations, including
Building Permits if required. Lack of knowledge by the Bidder shall in no way be a cause for relief
from responsibility. Failure to comply with the above may result in the rejection of the Bid.
Two (2) copies of any license, or certification as required shall be submitted with the bidding
documents.
A certificate or letter showing compliance with the City's Contract Licensing requirements most be
obtained from the City's Building Department, and is required on this project prior to execution of
Instructions Page 2 of 5
a contract, and shall be submitted to the Purchasing & Contract Administrator with any
payment/performance bonds which may be required. In essence, this authorizes you to perform
work in the City of Sebastian. Any Sub-Contractor(s) must also be certified.
13. CORRECTIONS. CANCELLATION. & WITHDRAWAL
A. Bidders may be asked to provide further information after bid opening to determine the
responsibility of the vendor.
B. Waiver of Technicality: Information shall not be considered after the bid opening if it has
been specifically requested to be provided with the bid and becomes a matter of
responsiveness. The bid shall be considered responsive if it substantially conforms to the
requirements of the Invitation to Bid. The City may waive any informality, technicality, or
irregularity on any bid. A minor or non -substantive lack of conformity may be considered a
technicality or irregularity which may be waived by the City.
C. Mathematical Errors: Errors in extension of unit prices or in mathematical
calculations may be corrected. In cases of errors in mathematical computations, the
unit prices shall not be changed.
D. Cancellation or Postponement: The Purchasing & Contract Administrator may
cancel or postpone the bid opening or cancel the Invitation to Bid in its entirety.
E. Withdrawal: Prior to any published bid opening date and time, a bidder may withdraw his or
her bid in writing. A fax is permitted for this purpose, provided a confirming telephone call
is made.
F. Amendments: Prior to any published bid opening date and time, a bidder may amend the bid
provided that it is in writing, in a sealed envelope, and identified.
14. AVAILABILITY OF FUNDS
The obligations of the City of Sebastian under this award are subject to the availability of funds
lawfully appropriated for its purpose by the City Council of the City of Sebastian.
is, PUBLIC ENTITY CRIMES
Any person or firm submitting a bid in response to this invitation must execute the attached
SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES, PUBLIC
ENTITY CRIMES, including proper cheek(s) in the space(s) provided, and enclose it with said
bid.
16. DRUG -FREE WORKPLACE
The Drug -Free Workplace form, as attached hereto, shall be submitted with the bidding
documents.
Instructions Page 3 of 5
17. BID GUARANTEE
The Bidder warrants that the unit prices, terms, and conditions quoted in the bid will be firm for
acceptance for a period of not less than sixty (60) days from the bid opening date. Such prices will
remain firm for the period of performance of resulting purchase orders or contracts which are to be
performed.
18. BIDBOND (ONLYIF CALLED FOR IN THE NOTICE OF INVITATION TO BID)
A Bid Bond equal to five percent (5%) of the bid amount shall be required on this project, and
must be submitted along with two (2) copies of the Bid, failure to do so will automatically
disqualify the Bid. Unsuccessful bidders shall be entitled to a return of surety after final award of
bid. A successful bidder shall forfeit the amount of its security upon failure on his part to execute a
agreement within ten (10) days after receipt of a proposed agreement from the City unless the time
for executing the agreement is extended by the City.
19. PAYMENT AND PERFORMANCE BONDS (ONLYIF CALLED FOR IN THE
NOTICE OF INVITATION TO BID)
A Payment and Performance Bond equal to one hundred percent (100%) of the Agreement price
shall be required on this project, and shall be provided by the successful bidder at the stipulated
time of the execution of the agreement, failure to do so shall cause said bidder to be in default and
forfeit his Bid Bond in its entirety. (Sample Forms are provided for information purposes.)
NOTE: BID BOND AND PAYMENT AND PERFORMANCE BOND REQUIREMENTS:
The bonds) shall be provided by a surety company authorized to do business in the State of
Florida, and approved by the City. In lieu of a bonds) the contractor may furnish as security in
favor of the City a certified check, a cashiers check or an irrevocable letter of credit.
The check or letter of credit shall be drawn on or issued by a bank authorized to do business in the
State of Florida. The form of the check or letter of credit must be approved by the City.
Attomeys-in-fact who sign Bonds must file with each bond a certified and effective dated copy of
their Power - of Attorney. Surety companies executing Bonds must appear on the Treasury
Department's most current list (Circular 570 as amended), and be authorized to transact business
in the State of Florida.
20. LIOUIDATED DAMAGES (ONLY IF CALLED FOR IN THE NOTICE OF INVITATION TO
BID)
The City shall be entitled to liquidated damages in the amount of one hundred Dollars ($100.00)
per day for every day that the Contractor is late in completing the work as stipulated in the
agreement, and bidding documents. Said damages shall be deducted by the City from monies due
Contractor.
Instructions Page 4 of 5
21. INSURANCE
All bidders shall submit evidence of insurance as follows; Auto Liability, Workers Compensation,
and General Liability. Cost for all insurance shall be born by the bidder. All insurance shall be
acceptable to the City in its sole discretion.
22. BID AWARD
The contract/agreement will be awarded to the lowest responsive and/or responsible Bidder whose
bid, conforming to the specifications and Instructions For Bidders, will be most advantageous to
the City in consideration of price, time of performance, and other factors as determined by the
City.
23. REJECTION OF BIDS
The City reserves the right to reject any and all Bids, to waive any and all informalities not
involving price, time, or changes in the work, and to negotiate contract terms with the successful
Bidder, and the right to disregard all non -conforming, non -responsive, imbalanced, or conditional
Bids. More than one Bid from an individual, firm or association under same or different names,
will not be considered. Any or all Bids will be rejected if there is reason to believe that collusion
exists among the Bidders, and no participants in such collusion will be considered in furore
proposals for the same work.
pzI tl DISM11 d:Irl 01.9
References are required and must be submitted with the Bid proposal form. Failure to submit
references as required may disqualify your Bid. Name and phone number to contact shall be
included.
25. LIST OF SUB -CONTRACTORS
A list of Sub -Contractors is required and must be submitted with the Bid proposal. Failure to
submit a list of Sub -Contractors may disqualify your Bid.
26. CO-OPERATIVE PURCHASING
Pbl
It is the intent of the Notice of Invitation to Bid to secure goods or services to be used by the City
of Sebastian. However, by virtue of bidding, the Bidder accepts the right of other Government
Entities to "piggyback" purchase from this proposal by mutual consent. Any such purchase shall
be separate and apart from the City of Sebastian, and said City assumes no liability for such action.
The Bidder/Contractor shall not practice or condone personnel or supplier discrimination of any
nature whatsoever, in any manner proscribed by Federal or State of Florida laws and regulations.
Instructions Page 5 of 5
BIDDER'S QUALIFICATION OUESTIONNAIRE
NAME OF FIRM
THE UNDERSIGNED GUARANTEES THE TRUTH AND ACCURACY OF ALL ANSWERS
ANI STATEMENTS CONTAINED HEREIN:
1. How many years have you been engaged in the contracting business under your present firm
name?
2. Lis[ of current projects where your firm is dle qr contractor indicating for each project J
name of owner, amount, dumtton and completon ate: J
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13. List of projects (of similar nature to the proposed project) completed by your firm in the J
1 last three (3) years indicating owner, amount, completion date, owner's contact person 1
I and phone number: J
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14.
1
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Has your firm ever failed to complete work awarded? If so, detail where and why.
5. Attach a list of the equipment and vehicles owned by your firm.
5.1 List below the equipment and vehicles that the firm will buy for this project
5.2 List below the equipment and vehicles owned by the firm that are available for this oroject:
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15.3
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16.
List below the equipment and vehicles that the firm will rent for this project:
List below the subcontractors that your firm will use on this oroject:
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List below the ke�personnel that will be assigned to this contract indicating the position
and years of experience of each member: I
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{ 8. Indicate the $ amount of sales of your fire for year 2001:
8.1 Indicate the $ amount of sales of your firm for year 2002:
9. List names and titles of the officers, or partners of your firm:
Aothorind Sipalwe
Printed Name
Title
Date
ATTACHMENT `A'
ALLEYWAY IMPROVEMENTS PROJECT
CONSTRUCTION SERVICES AGREEMENT
CONSTRUCTION SERVICES AGREEMENT
ARTICLE I -The Contractual Relationship,
1.0 EMPLOYMENT OF CONTRACTOR
2.0 AGREEMENT DOCUMENTS.
2.1
INTENT
2.2
ENTIRE AND SOLE AGREEMENT
2.3
AMENDMENTS
2.4
CONSTRUING TERMS
2.5
GOVERNING LAW AND WAWER OF TRIAL. BY JURY
2.6
TERM
3.0 DEFINITION OF TERMS
3.1
GENERAL
3.2
ACT OF GOD
3.3
ADDENDUM
3.4
AGREEMENT
3.5
A.S.T.M. DESIGNATION
3.6
BID or PROPOSAL
3.7
BID BOND or PROPOSAL GUARANTEE:
3.8
BIDDER
3.9
CHANGE ORDER
3.10
CONTRACT ADDENDUM
3.11
CONTRACTOR
3.12
DIRECTED, ORDERED, APPROVED & ETC.
3.13
ENGINEER
3,14
GENERAL CONDITIONS
3.15
INSPECTOR
3.16
LABORATORY
3.17
OWNER
3,18
PERFORMANCE AND PAYMENT BONDS:
3.19
PLANS
3.20
PROPOSAL
3.21
SPECIAL CONDITIONS
3.22
SPECIFICATIONS
3.23
SUBCONTRACTOR
3.24
SUPPLEMENTAL AGREEMENT
3.25
SURETY
3.26
WORK
3.27
WORK ORDER
ARTICLE II - Performance
4.0 PLANS, SPECIFICATIONS AND RELATED DATA
4.1
INTENT OF PLANS AND SPECIFICATIONS
4.2
CONFLICT
4.3
DISCREPANCIES IN PLANS
4.4
DRAWINGS AND SPECIFICATIONS AT JOB SITE
4.5
DIMENSIONS
4.6
SAMPLING AND TESTING
4.7
SHOP DRAWINGS
4.8
QUALITY OF EQUIPMENT AND MATERIALS
4.9
EQUIPMENT APPROVAL DATA
4.10
SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL
5.0 MATERIALS AND WORKMANSHIP
5.1
MATERIALS FURNISHED BY THE CONTRACTOR
5.2
STORAGE OF MATERIALS
5.3
REJECTED WORK AND MATERIAL
5.4
MANUFACTURER'S DIRECTION
5..5
SKILL AND CHARACTER OF WORKMEN
5.6
CUTTING AND PATCHING
5.7
CLEANING UP
5.8
CITY'S OWNERSHIP OF MATERIALS
5.9
GUARANTEE
6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR
6.1 PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS
6.2 CONTROL POINTS FURNISHED BY THE CITY
6.3 FURNISHING OF STAKE MATERIALS
6.4 LAYOUT OF WORK
6.5 SPECIFIC STAKING REQUIREMENTS
6.6 PAYMENT
6.7 COORDINATION WITH CITY
6.8 LOCATION OF EXISTING UTILITIES AND PIPING
7.0 PROGRESS AND COMPLETION OF WORK
7.1 CONTRACTOR'S OBLIGATIONS
7.2 START OF CONSTRUCTION
7.3 CONTRACT TIME
7A SCHEDULE OF COMPLETION
7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE
7.6 PROPERTY OF OTHERS
A. Public Ownership
B. Private Ownership
7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES
7.8 CROSSING PUBLIC FACILITIES
7.9
CHANGES IN THE WORK
7.10
EXTENSION OF CONTRACT TIME
7.11
CORRECTION OF WORK
7.12
LIQUIDATED DAMAGES
8.0 PUBLIC HEALTH AND SAFETY
8.1
PROTECTION OF PERSONS AND PROPERTY
A. Safety Precautions and Programs
B. Safety of Persons and Property
8.2
TRAFFIC CONTROL
8.3
ROAD CLOSURE AND DETOURS
8.4
PROVISION OF ACCESS
8.5
WARNING SIGNS AND BARRICADES
8.6
OPEN TRENCHES
8.7
PLACEMENT OF HEAVY EQUIPMENT
8.8
TEMPORARY FACILITIES AND CONTROLS
8.9
SANITARY PROVISION
8.10
WATER SUPPLY
8.11
NOISE CONTROL
8.12
DUST CONTROL
8.13
WATER CONTROL
8.14
POLLUTION, SILTATION AND EROSION CONTROL
Article IH - Supervision and Administration
9.0 ENGINEER, CITY, CONTRACTOR RELATIONS
9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY
9.2 ENGINEER'S DECISION
9.3 SUSPENSION OF WORK
9.4 CONSTRUCTION REVIEW OF WORK
9.5 FIELD TESTS AND PRELIMINARY OPERATION
9.6 EXAMINATION OF COMPLETED WORK
9.7 CONTRACTOR'S SUPERINTENDENT
9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES
9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK
9.10 RIGHTS OF VARIOUS INTEREST
9.11 SEPARATE CONTRACTS
9.12 SUBCONTRACTS AND PURCHASE ORDERS
9.13 WORK DURING AN EMERGENCY
9.14 ORAL AGREEMENTS
9.15 NIGHT, SATURDAY AND/OR SUNDAY WORK
9.16 UNAUTHORIZED WORK
9.17 USE OF COMPLETED PORTIONS OF THE WORK
9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK
10.0 MEASUREMENT AND PAYMENT
10.1 DETAILED BREAKDOWN OF CONTRACT
10.2 REQUEST FOR PAYMENT
10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT
10.4 CITY'S RIGHT TO WITHHOLD PAYMENT
10.5 PAYMENT FOR UNCORRECTED WORK
10.6 PAYMENT FOR REJECTED WORK AND MATERIALS
10.7 CHANGES IN THE WORK
A. Change Orders
B. Claims
C. Differing Site Conditions
10.8 CANCELED ITEMS OF WORK
10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY
10.10 PAYMENT FOR WORK BY THE CITY
10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION
A. Termination by City for Cause
B. Termination by City Without Cause
10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY
10.13 RELEASE OF CLAIMS (I1,117ERIMIFINAL)
10.14 ACCEPTANCE AND FINAL PAYMENT
10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT
11.0 PUBLIC CONTRACT REQUIREMENTS
11.1
COVENANT AGAINST CONTINGENT FEES
11.2
INTEREST OF MEMBERS OF CITY AND OTHERS
11.3
CERTIFICATION OF RESTRICTIONS ON LOBBYING
11.4
INTEREST OF CONTRACTOR
11.5
PUBLIC ENTITY CRIMES
11.6
DRUG -FREE WORKPLACE
11.7
COMPLIANCE WITH LAWS
11.8
INSURANCE
11.9
BOND
11.10
PERMITS
11.11
LAWS TO BE OBSERVED
11.12
DEBARMENT AND SUSPENSION
12.0 MISCELLANEOUS
12.1
ADDRESSES FOR NOTICES
12.2
WRITTEN NOTICE
12.3
TAXES
12.4
TIME IS OF VITAL IMPORTANCE
12.5
NO WAIVER OF LEGAL RIGHTS
12.6
RIGHT TO WORK PRODUCT
CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this day of October, 2002, by and between the
CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main
Street, Sebastian, Florida, 32958, ("City") and ,
a Florida corporation authorized to do business in the State of Florida, ("Contractor.")
WHEREAS, the City desires to engage a Florida licensed contractor who has
special and unique competence and experience in performing paving and drainage
services necessary to complete the Project hereunder; and
WHEREAS, the Contractor represents that it has such competence and experience
in providing these services; and
WHEREAS, the City in reliance on such representation has selected the Contractor
in accordance with its procedure for selection of Contractor; and
WHEREAS, the City and the Contractor desire to reduce to writing their
understanding and agreements on such professional services.
IT IS, THEREFORE, AGREED as follows:
ARTICLE I - The Contractual Relationship
1.0 EMPLOYMENT OF CONTRACTOR
The City hereby agrees that it may engage the Contractor and the Contractor hereby
agrees to perform professional services for the City in accordance with the Bid and this
Agreement. This Agreement is not an exclusive agreement and the City may employ
other contractors, professional or technical personnel to furnish services for the City as
the City in its sole discretion finds is in the public interest.
The Agreement shall not be construed to create a contractual relationship of any kind
between the City and the Subcontractor(s), or, between any person or firm other than the
City and Contractor.
The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any
portion thereof, or of his right, title of interest therein or his obligations thereunder, or
moneys due or to become due under this Contract.
2.0 AGREEMENT DOCUMENTS
The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this
Agreement, Supplemental Agreement(s), Request for Bid Documents, Contract Proposal,
Bond Forms, Plans and Technical Specifications, Work Orders, Change Orders, Addenda
if any, any other documents listed in the Agreement Documents, and written
modifications issued after execution of this Agreement, if any.
2.1 INTENT
The Specifications are an integrated part of the Contract Documents and as such will not
stand alone if used independently. The Specifications establish min'nnum standards of
quality for this Project. They do not purport to cover all details entering into the design
and construction of materials or equipment. The intent of the Agreement Documents is to
set forth requirements of performance, type of equipment and structures, and standards of
materials and construction. It is also intended to include all labor and materials,
equipment, and transportation necessary for the proper execution of the Work, to require
new material and equipment unless otherwise indicated, and to require complete
performance of the Work in spite of omission of specific reference to any minor
component part and to include all items necessary for the proper execution and
completion of the Work by the Contractor. Performance by the Contractor shall be
required only to the extent consistent with the Agreement Documents and reasonably
inferable from them as being necessary to produce the intended results.
2.2 ENTIRE AND SOLE AGREEMENT
Except as specifically stated herein, the Agreement Documents constitute the entire
agreement between the parties and supersede all other agreements, representations,
warranties, statements, promises, and understandings not specifically set forth in the
Agreement Documents. Neither party has in any way relied, nor shall in any way rely,
upon any oral or written agreements, representations, warranties, statements, promises or
understandings not specifically set forth in the Agreement Documents.
2.3 AMENDMENTS
The parties may modify this Agreement at any time by written agreement. Neither the
Agreement Documents nor any term thereof may be changed, waived, discharged or
terminated orally, except by an instrument in writing signed by the party against which
enforcement of the change, waiver, discharge or termination is sought.
2.4 CONSTRUING TERMS
This Agreement shall not be construed against the party who drafted the same, as both
parties have obtained experts of their choosing to review the legal and business adequacy
of the same.
2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY
This Agreement shall be governed by the laws of the State of Florida, and any venue for
any action pursuant to the Agreement Documents shall be in Indian River County,
Florida. The parties hereto expressly waive trial by jury in any action to enforce or
otherwise resolve any dispute arising hereunder.
2.6 TERM
This Agreement shall commence on the day it is executed by both parties and the term of
the Agreement shall extend until the Project is complete unless terminated in accordance
with the terms hereunder.
3.0 DEFINITION OF TERMS
3.1 GENERAL
Whenever the following terns appear in these Agreement Documents, their intent and
meaning shall, unless specifically stated otherwise, be interpreted as shown.
3.2 ACT OF GOD
The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical
event), tornado or other cataclysmic phenomenon of nature. Rain, Wind or other natural
phenomenon (including tropical waves and depressions) of normal intensity for the
locality shall not be construed as an Act of God.
3.3 ADDENDUM (re: bid documents)
A modification of the plans or other contract documents issued by the Owner and
distributed to prospective bidders prior to the opening of bids. All Addenda shall be
considered as part of the Contract Documents.
3.4 AGREEMENT
A written agreement between the Contractor and Owner defining in detail the work to he
performed. The words Agreement and Contract, are one and the same.
3.5 A.S.T.M. DESIGNATION
Wherever the letters "A.S.T.M." are used in the Specifications, it shall be understood as
referring to the American Society for Testing Materials. When reference is made to a
certain Designated Number of a specification or test as set out or given by the American
Society for Testing Materials, it shall be understood to mean the current, up-to-date
standard specification or tentative specification for that particular process, material or test
as currently published by that group.
3.6 BID or PROPOSAL
The bid or proposal is the written offer of a Bidder to perform work described by the
contract documents when made out and submitted on the prescribed proposal form
properly sealed and guaranteed. The bid or proposal shall be considered as part of the
Contract Documents.
3.7 BID BOND or PROPOSAL GUARANTEE:
Bidder shall submit a Bid Bond or Proposal Guarantee in the amount of 5% of the Base
Bid, in the form of a Cashier's Check, Unconditional Irrevocable Letter of Credit drawn
in favor of the City of Sebastian on a National Bank, or a bond from a surety company
duly licensed in the State of Florida.
3.8 BIDDER
An individual, partnership, or corporation submitting a proposal for the work
contemplated; acting directly or through a duly authorized representative.
3.9 CHANGE ORDER
A written order issued to the Contractor by the City and covering changes in the plans,
specifications, or scope of work when the amount of work changed is not deemed
sufficient to require a supplemental agreement, or adjustments in the Contract Price or
Contract Time.
3.10 CONTRACT ADDENDUM
A special written provision modifying or clarifying the terms and conditions of the
Contract The Contract Addendum shall be considered as part of the contract documents.
3.11 CONTRACTOR
The word "Contractor" shall mean an individual, partnership, or corporation, and his,
their or its heirs, executors, administrators, successors and assigns, or the lawful agent of
any such individual, firm, partnership, covenant or corporation, or his, their or its surety
under any contract bond, constituting one of the principals to the Contract and
undertaking to perform the work herein.
3.12 DIRECTED, ORDERED, APPROVED & ETC.
Wherever in the Agreement Document the words "directed", "ordered", "approved",
"permitted", "acceptable", or words of similar import are used, it shall be understood that
the direction, order, approval or acceptance of the Owner is intended unless otherwise
stated.
3.13 ENGINEER
A Professional Engineer duly licensed and registered in the State of Florida and
designated by the City as Engineer. The City may designate a staff member as Engineer
who is not licensed.
3.14 GENERAL CONDITIONS
The directions, provisions and requirements contained within the Agreement Documents,
all describing the general manner of perfomvng the Work including detailed technical
requirements relative to labor, material equipment, and methods by which the Work is to
be performed and prescribing the relationship between the City and the Contractor.
3.15 INSPECTOR
A duly authorized representative of the City assigned to make official inspections of the
materials famished and of the work performed by the Contractor.
3.16 LABORATORY
Any licensed and qualified laboratory designated by or acceptable to the Owner to
perform necessary testing of materials.
3.17 OWNER
City of Sebastian
3.18 PERFORMANCE AND PAYMENT BONDS
Contractor shall submit bonds in the form prescribed by State Law, and generally as
shown on sample forms herein, for Performance and Payment, each in the amount of
100% of the Contract Amount.
3.19 PLANS
The official, approved plans, including reproduction thereof, showing the location,
character, dimensions and details of the work to be done. All shop drawings submitted by
the Contractor shall be considered as par of the contract documents.
3.20 PROPOSAL
The proposal or bid is the written offer of a Bidder to perform the work described by the
Contract Documents when made out and submitted on the prescribed proposal form,
properly signed and guaranteed. The proposal or bid shall be considered as par of the
contract documents.
3.21 SPECIAL CONDITIONS
Special clauses or provisions, supplemental to the Plans, Standard Specifications and
other contract documents, setting forth conditions varying from or additional to the
Standard Specifications for a specific project.
3.22 SPECIFICATIONS
The directions, provisions, and requirements together with all written agreements made
or to be made, setting forth or relating to the method and manner of performing the Work,
or to the quantities and qualities of materials, labor and equipment to be furnished under
the Agreement.
3.23 SUBCONTRACTOR
An individual, partnership or corporation supplying labor, equipment or materials under a
direct contract with the contractor for work on the project site. Included is the one who
supplies materials fabricated or formulated to a special design according to the plans and
specifications for the particular project.
3.24 SUPPLEMENTAL AGREEMENT
A written understanding, or proposal and acceptance, executed between the City and the
Contractor subsequent to execution of the Agreement herein with the written consent of
the Contractor's Surety, relating to the work covered by the Agreement and clarifying or
furthering the terms thereof. A modification to the Agreement shall be made by Contract
Addendum.
3.25 SURETY
Surety is a corporation qualified to act as surety under the laws of Florida, who executes
the Contractor's Performance and Payment Bonds and is bound with the Contractor for
the acceptable performance of the contracted work and for the payment of all debts
pertaining thereto.
3.26 WORK, (The) or PROJECT, (The)
The public improvement contemplated in the Plans and Specifications, and all actions
necessary to construct the same.
3.27 WORK ORDER
Work orders are work instructions including specification and plans that show the
location, character, dimensions and details to the work to be done. Work orders are
specific instructions, of limited scope, that will be a part of this contract. Work orders
shall be considered as part of the contract documents.
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ARTICLE II - Performance
4.0 PLANS, SPECIFICATIONS AND RELATED DATA
4.1 INTENT OF PLANS AND SPECIFICATIONS
The intent of the Plans, Specifications, Work Orders and other Contract Documents is
that the Contractor furnishes all labor and materials, equipment, supervision and
transportation necessary for the proper execution of the Work unless specifically noted
otherwise. The Contractor shall do all the work shown on the Plans and described in the
Specifications and other Contract Documents and all incidental work considered
necessary to substantially complete the Work ready for use, occupancy, or operation in a
manner acceptable to the City.
4.2 CONFLICT
In the event of any inconsistency, discrepancy or conflict between the Agreement, the
Plans, Specifications, and other Contract Documents, calculated dimensions will govern
over scaled dimensions; Technical Specifications shall govern over the general contract
provisions, plans, and cited standards or FAA circulars; general contract provisions shall
govern over plans, and cited standards or FAA circulars; and plans shall govern over
cited standards or FAA circulars.
4.3 DISCREPANCIES IN PLANS
Any discrepancies found between the Plans and Specifications and site conditions, or any
errors or omissions in the Plans or Specifications, shall be immediately reported to the
Engineer and City. The Engineer shall promptly determine the validity and seriousness
of the clamed condition and correct any such error or omission in writing, or otherwise
direct Contractor. Any work done by the Contractor after his discovery of such
discrepancies, errors or omissions shall be done at the Contractor's risk.
Any correction or errors or omissions in Plans and Specifications may be made by the
Engineer when such correction is necessary for the proper fulfillment of their intention as
construed by him. Where said correction of errors or omissions, except as provided in the
next two (2) paragraphs below, adds to the amount of work to be done by the Contractor,
compensation for said additional work shall be made under the Paragraph 10.7
CHANGES IN THE WORK below, except where the additional work may be classed
under some item of work for which a unit price is included in the proposal.
The fact that specific mention of any part of work is omitted in the Specifications,
whether intentionally or otherwise, when the same is clearly shown or indicated on the
Plans, or is usually and customarily required to complete fully such work as is specified
herein, will not entitle the Contractor to consideration in the matter of any claim for extra
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compensation, but the said work must be installed or done the same as if called for by
both the Plans and Specifications.
All work indicated on the Plans and not mentioned in the Specifications or vice versa,
and all work and material usual and necessary to make the Work complete in all its parts,
whether or not they are indicated on the Plans or mentioned in the Specifications, shall be
furnished and executed the same as if they were called for by both the Plans and
Specifications.
The Contractor will not be allowed to take advantage of any errors or omissions in the
Plans and Specifications. The Engineer will provide full information when errors or
omissions are discovered.
4.4 DRAWINGS AND SPECIFICATIONS AT JOB SITE
One (1) complete set of all Plans, Specifications, Work Orders, Addenda, Change Orders,
Shop Drawings and samples shall be maintained at the job site, in good order and
annotated to show all changes made during the construction process, and shall be
available to the Engineer and City at all times. A final copy thereof, along with "as -built"
record drawings, operations and maintenance manuals, and data sheets, shall be delivered
to the Engineer upon the completion of the Work.
4.5 DIMENSIONS
Dimensions shown on the Plans will be used. Where the work of the Contractor is
affected by finished dimensions, these shall be verified by the Contractor at site, and he
shall assume the responsibility for their use.
4.6 SAMPLING AND TESTING
Except as otherwise provided, sampling and testing of all materials, and the laboratory
methods and testing equipment, required under the Specifications shall be in accordance
with the latest standards or tenets of the American Society for Testing Materials.
The testing of samples and materials shall be made at the expense of the Contractor,
except where indicated otherwise. The Contractor shall famish any required samples
without charge. The Contractor shall be given sufficient notification of the placing of
orders for materials to permit testing.
As an exception to the above, when the Contractor represents a material or an item of
work as meeting Specifications and under recognized test procedures it fails, any re-
testing shall be at the Contractor's expense, billed at the Testing Laboratory's standard
rate for individual tests.
It is expected that all inspections and testing of materials and equipment will be done
locally. If the Contractor desires that inspections for tests be made outside of the local
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area, all expenses, including per diem for the Engineer or Inspectors, shall be borne by
the Contractor.
4.7 SHOP DRAWINGS
The Contractor shall provide shop drawings, setting schedules and other drawings as may
be necessary for the prosecution of the Work in the shop and in the field as required by
the Plans and Specifications or Engineer's instructions. Deviations from the Plans and
Specifications shall be called to the attention of the City at the time of the first
submission of shop drawings and other drawings. The City's approval of any shop
drawings shall not release the Contractor from responsibility for errors, corrections of
details, or conformance with the Contract. Shop drawings shall be submitted according to
the following schedule:
(a) Three (3) copies shall be submitted to the City at least thirty (30) days
before the materials indicated thereon are to be needed or earlier if required to prevent
delay of work or to comply with subparagraph (b).
(b) The City shall, within fourteen (14) days of the submittal of any shop
drawings, return two (2) copies to the Contractor marked with any corrections and
changes required and noting if the drawings are acceptable as noted, or if resubmittal is
required.
(c) The Contractor shall then correct the shop drawings to conform to the
corrections and changes requested by the City and resubmit three (3) copies to the City.
(d) Two (2) copies of Approved Shop Drawings shall be returned to the
Contractor by the City.
4.8 QUALITY OF EQUIPMENT AND MATERIALS
In order to establish standards of quality, the Specifications may refer to certain products
by name and catalog number. This procedure is not to be construed as eliminating from
competition other products of equal or better quality by other manufacturers where fully
suitable in design.
The Contractor shall furnish to the City a complete list of his proposed desired
substitutions prior to the signing of the Contract, together with such engineering and
catalog data as the City may require. Further substitutions may be submitted during the
course of work in accordance with Paragraph 4.10 SUBSTITUTION OF EQUIPMENT
AND(OR MATERIAL below.
The Contractor shall abide by the City's judgment when proposed substitution of
materials or items or equipment are judged to be unacceptable and shall famish the
specified material or item of equipment in such case. All proposals for substitutions shall
be submitted to the City in writing by the Contractor and not by individual trades or
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material suppliers. The City will advise of approval or disapproval of proposed
substitutions in writing within a reasonable time. No substitute materials shall be used
unless approved by City in writing.
4.9 EQUIPMENT APPROVAL DATA
The Contractor shall furnish one (1) copy of complete catalog data for every
manufactured item of equipment and all components to be used in the Work, including
specific performance data, material description, rating, capacity, material gauge or
thickness, brand name, catalog number and general type.
This submission shall be compiled by the Contractor and submitted to the City for review
and written approval before any of the equipment is ordered.
Each data sheet or catalog in the submission shall be indexed according to specification
section and paragraph for easy reference.
After written approval is received by the Contractor, submission shall become a part of
the Contract and may not be deviated from except upon written approval of the City.
Catalog data for equipment approved by the City does not in any case supersede the
Contract Documents. The acceptance by the City shall not relieve the Contractor from
responsibility for deviations from Plans or Specifications, unless he has called the City's
attention, in writing, to such deviations at the time of submission, nor shall it relieve him
from responsibility for errors of any sort in the items submitted. The Contractor shall
check the work described by the catalog data with the Contract Documents for deviations
and errors.
It shall be the responsibility of the Contractor to insure that items to be furnished fit the
space available. He shall make necessary field measurements to ascertain space
requirements, including those for connections, and shall order such sizes and shapes of
equipment that the field installation shall suit the true intent and meaning of the Plans and
Specifications.
Where equipment requiring different arrangement of connections from those shown is
approved, it shall be the responsibility of the Contractor to install the equipment to
operate properly, and in harmony with the intent of the Plans and Specifications, and to
make all changes in the Work required by the different arrangement of connections at his
own expense.
4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL
After the execution of the Contract Agreement, the substitution of equipment and/or
material for that specified will be considered if:
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(a) The equipment and/or materials proposed for substitution is determined by
the City to be equal or superior to that specified in the Contract;
(b) Unless determined to be of superior quality, the equipment and/or material
proposed for substitution is less expensive than that specified and that such savings to the
City, as proposed by the Contractor, are submitted with the request for substitution. If the
substitution is approved, the Contract price shall be reduced accordingly; and
(c) The equipment and/or material proposed for substitution is readily
available and its delivery and use, if approved as a substitution, will not delay the
scheduled start and completion of the specified work for which it is intended or the
scheduled completion of the entire work to be completed under the contract.
No request will be considered unless submitted in writing to the City and approval by the
City must also be in writing. To receive consideration, requests for substitutions must be
accompanied by documentary proof of the actual difference in cost to the Contractor in
the form of quotations to the contractor covering the original equipment and/or material,
and also equipment and/or material proposed for substitution or other proof satisfactory
to the City. It is the intention that the City shall receive the full benefit of the saving in
cost involved in any substitution unless the item is substituted for one designated in the
Specifications by specific manufacturer's name and type, in which case one-third of the
savings shall accrue to the benefit of the Contractor.
In all cases, the burden of proving adequate proof that the equipment and/or material
offered for substitution is equal or superior in construction and/or efficiency to that
named in the Contract shall rest on the Contractor and the proof will be submitted to the
City. Request for substitution of equipment and/or material which the Contractor cannot
prove to the satisfaction of the City, at its sole discretion and judgment, to be equal or
superior in construction and/or efficiency to that named in the Contract will not be
approved.
5.0 MATERIALS AND WORKMANSHIP
5.1 MATERIALS FURNISHED BY THE CONTRACTOR
All materials and equipment used in the Work shall meet the requirements of the
respective Specifications, and shall not be used until it has been approved in writing by
the City.
Wherever the specifications call for an item of material or equipment by a manufacturer's
name and type, and additional features of the item are specifically required by the
specifications, the additional features specified shall be provided whether or not they are
normally included in the standard manufacturer's item listed.
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Wherever the specifications call for an item of material or equipment by a manufacturer's
name and type, and the specified item becomes obsolete and is no longer available, the
Contractor shall provide a substitute item of equal quality and performance which is
acceptable to the Engineer and City and is currently available, at no increase in Contract
price.
5.2 STORAGE OF MATERIALS
Materials and equipment shall be stored so as to incur the preservation of their quality
and fitness for the Work. When considered necessary, they shall be placed on wooden
platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed
under cover. Stored materials and equipment shall be located so as to facilitate prompt
inspection. Private property zoned for, or adjacent to land zoned for, residential uses
shall not be utilized for storage purposes.
5.3 REJECTED WORK AND MATERIAL
Any materials, equipment or work which do not satisfactorily meet the Specifications
may be condemned by the Engineer or City by giving a written notice to the Contractor.
All condemned materials, equipment or work shall be promptly taken out and replaced.
All materials and equipment which do not conform to the requirements of the Contract
Documents, are not equal to samples approved by the Engineer and City, or are in any
way unsatisfactory or unsuited to the purpose for which they are intended, shall be
rejected. Any defective work whether the result of poor workmanship, use of defective
materials, damaged through carelessness or from other cause shall be removed within ten
(10) days after written notice is given by the City, and the work shall be re -executed by
the Contractor. The fact that the Engineer or the City may have previously overlooked
such defective work shall not constitute an acceptance of any part of it. Should the
Contractor fail to remove rejected work or materials within ten (10) days after written
notice to do so, the City may remove them and may store the materials and equipment.
Satisfaction of warranty work after final payment shall be in accordance with Paragraph
10.15.
5.4 MANUFACTURER'S DIRECTION
Manufactured articles, materials and equipment shall be applied, installed, connected,
erected, used, cleaned, and conditioned as directed by the manufacturer unless herein
specified to the contrary.
5.5 SKILL AND CHARACTER OF WORKMEN
All workmen must have sufficient knowledge, skill and experience to perform properly
the work assigned to them. Any foreman or workman employed by the Contractor or
subcontractors who, in the opinion of the Engineer or the City does not perform his work
in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate
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manner shall, at the written request of the City, be discharged immediately and shall not
be employed again in any portion of the Work without the approval of the City.
The Contractor shall at all times be responsible for the conduct and discipline of his
employees and/or any subcontractor or persons employed by subcontractors.
5.6 CUTTING AND PATCHING
The Contractor shall do all necessary cutting and patching of the Work that may be
required to properly receive the work of the various trades or as required by the Plans and
Specifications to complete the Work. He shall restore all such cut or patched work as
directed by the Engineer or the City. Cutting of existing structures that could endanger
the Work, adjacent property, workmen or the public shall not be done unless approved by
the Engineer and under his surveillance.
5.7 CLEANINGUP
The Contractor shall at all times keep the premises free from accumulation of waste
materials or rubbish caused by his employees or work. At the completion of the Work, he
shall remove all his rubbish, tools, scaffolding and surplus materials and shall leave his
work "broom clean" or its equivalent, unless more exactly specified, and shall insure that
all debris and other unsightly objects are removed and disposed of in a satisfactory
manner. At no additional expense to the City, the Contractor will restore to their original
conditions or better, as nearly as practicable, those portions of the site not designated for
alteration and all such property, structure, utilities, landscaping, etc., disturbed or
damaged during the prosecution of the Work. Final payment will be withheld until such
clean up and repairs are completed
The Work will be considered complete only after all debris and unused material due to or
connected with the Work have been removed and the surrounding area left in a condition
satisfactory to the City. In the event the City finds that the Contractor has not complied
in keeping the job site clean, the City may, after twenty-four (24) hours written notice to
the Contractor to correct the situation, elect to have the job site cleaned by an
independent labor force. The cost of cleaning by said independent labor force shall be
deducted from moneys due the Contractor.
5.8 CITY'S OWNERSHIP OF MATERIALS
Any and all materials, whether structural or natural, found within the limits of the project
remain the property of the City unless City ownership is specifically conveyed to the
Contractor.
All material, equipment and work become the sole property of the City as installed. These
provisions shall not be construed as relieving the Contractor from the sole responsibility
for all materials and work for which payments have been made, for the restoration of
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damaged work, or as a waiver of right of the City to require the fulfillment of all the
terms of the Contract.
5.9 GUARANTEE
The Contractor shall warrant all equipment furnished and work performed by him for a
period of one (1) year from the date of final written acceptance of the Work by City.
Satisfaction of warranty work after final payment shall be as per Paragraph 10.15.
All equipment and material warranties or guarantees shall be drawn in favor of the City
and the originals thereof furnished to the Engineer for review and acceptance prior to
final payment.
Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent
claims of beach of contract due to substandard materials or workmanship, nor shall such
warranty period shorten the statute of limitations for bringing a breach of contract or
other action based upon any such deficiencies.
6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR
6.1 PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS
Adequate field notes and records shall be available for review by the City and Engineer
as the Work progresses and copies shall be available if necessary. Any inspection or
checking of the Contractor's field notes or layout work by the City and the acceptance of
all or any part thereof, shall not relieve the Contractor of his responsibility to achieve the
lines, grades and dimensions shown in the Plans and Specifications.
Prior to final acceptance of the project, the Contractor shall mark in a permanent manner
on the surface of the completed Work all control points shown on the Plans.
6.2 CONTROL POINTS FURNISHED BY THE CITY
The City will provide boundary or other control points and bench marks as shown on the
Plans as "Contractor's Survey Control Point", if any is provided. The Contractor shall be
responsible for all survey control of his work during construction. The Contractor shall
preserve all reference points and benchmarks furnished by the City.
6.3 FURNISHING OF STAKE MATERIALS
The Contractor shall famish all stakes, templates and other materials necessary for
establishing and maintaining the lines and grades necessary for control and construction
of the Work.
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6.4 LAYOUT OF WORK
Utilizing the control points furnished by the City in accordance with Paragraph 6.2, the
Contractor shall establish all horizontal and vertical controls necessary to construct the
Work in conformance with the Plans and Specifications. The Work shall include
performing all calculations required and setting all stakes needed such as grade stakes,
offset stakes, reference point stakes, slope stakes, and other reference marks or points
necessary to provide lines and grades for construction of all roadway, bridge and
miscellaneous items.
Survey notes indicating the information and measurements used in establishing locations
and grades shall be kept in notebooks and famished to the Engineer with the record
drawings for the Project.
6.5 SPECIFIC STAKING REQUIREMENTS
Stakes to establish lines and grades shall be set at appropriate intervals to assure that the
Project is constructed to meet the lines and grades shown on the Plans.
For bridge construction stakes and other control, references shall be set at sufficiently
frequent intervals to assure that all components of a structure are constructed in
accordance with the lines and grades shown in the Plans.
6.6 PAYMENT
The cost of performing layout work as described above shall be included in the contract
prices for the various items of work to which it is incidental.
6.7 COORDINATION WITH CITY
The City's recorded subdivision plats shall he considered correct. The distance, bearing
and curve information provided shall be used by the Contractor's surveyor to establish
alignment throughout construction. All surveying activities will be coordinated with the
City's surveyor as needed for proper completion of all work on the site.
Primary control monuments, originally set by the City, that are disturbed or destroyed
during construction shall be accurately replaced by the Contractor's surveyor to the
satisfaction of the City's surveyor.
6.8 LOCATION OF EXISTING UTILITIES AND PIPING
All existing underground utilities, such as telephone, cable television and electrical cables
must be located by the Contractor prior to starting work. The Contractor shall contact the
Utilities at least 48 hours prior to commencing any work within the project area. There
may be other utilities within the project area.
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The cost of substantiating the location of utilities shall be borne by the Contractor and
included in the bid price. The Contractor shall be responsible for the repair and/or
replacement of utilities which he damages during the course of construction.
Utilities deemed to require relocation shall be identified by the Contractor prior to
commencing work. The Contractor shall notice the City of the conflict and seek direction
from the City prior to proceeding with work. Directions from the City may be to proceed
despite conflict, place work order on hold and commence work at a different location, or
relocate utilities under separate contract with the utility or a change order to be directed
by the City.
Except as indicated on the plans or contract documents, the Contractor shall not permit
any individual, firth or corporation to excavate or otherwise disturb the utility service or
facilities located within the limits of the work without written permission of the Engineer.
Should the owner of a utility or facility be authorized to perform construction,
reconstruction, or maintenance as per this section, during the progress of the work, the
Contractor shall cooperate with such owners in arranging and performing the work in this
contract so as to facilitate such construction, reconstruction, or maintenance by others
whether or not such work by others is indicated on the drawings. When ordered as extra
work by the Engineer, the Contractor shall make all necessary repairs to the work which
are due to such authorized work by others, unless otherwise provided for in the contract,
plans or specifications.
It is understood and agreed that the Contractor shall not be entitled to make any claim for
damages due to such authorized work by others or for any delay to the work resulting
from the same.
7.0 PROGRESS AND COMPLETION OF WORK
7.1 CONTRACTOR'S OBLIGATION
Contractor shall supervise and direct the Work, using Contractor's best skill and attention.
Contractor shall be solely responsible for and have control over construction means,
methods, techniques, sequences and procedures and for coordinating all portions of the
Work under this Contract, unless the Contract Documents give other specific instructions
concerning these matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide and pay
for labor, materials, equipment, tools, construction equipment and machinery, water,
heat, utilities, transportation, and other facilities and services necessary for the proper
execution and completion of the Work, whether temporary or permanent and whether or
not incorporated or to be incorporated in the Work.
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Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use
and other similar taxes.
Contractor shall enforce strict discipline and good order among Contractor's employees
and other persons carrying out the Work. Contractor shall not permit employment of
unfit persons or persons not skilled in tasks assigned to them.
Contractor currently holds and shall maintain at all times during the term of this Contract
all required federal, state and local licenses necessary to perform the Work required under
the Contract Documents.
Contractor shall be responsible to the City for the acts and omissions of Contractor's
employees, Subcontractors and their agents and employees, and other persons performing
portions of the Work under a contract with Contractor.
Contractor shall indemnify, defend and hold City harmless from all claims arising out of
or related to its performance of the Work except for acts arising solely from the active
negligence of the City.
7.2 START OF CONSTRUCTION
The Contractor shall commence work on the date specified in the Notice to Proceed
subsequently issued by the City, or as specifically noted in any Contract Addendum.
However, in no case shall the Contractor commence work until the City has been
furnished and acknowledges receipt of the Contractor's Certificates of Insurance and a
properly executed performance and payment bond as required.
7.3 CONTRACT TIME
The contractor shall complete, in an acceptable manner, all of the Work in
calendar days, subject to any Addenda or Change Orders hereto.
7.4 SCHEDULE OF COMPLETION
The Contractor's schedules are subject to the approval of the City, which shall not be
unreasonably withheld, and shall reflect a logical sequence of the various components of
work and the anticipated rates of production necessary to complete the Work on or before
the completion date. Said schedules shall be submitted within ten (10) days of the
execution of the agreement by the City except when requested otherwise and shall be
updated and resubmitted to the City on the twenty-fifth (25th) day of every month with
the Contractor's pay request.
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7.5 COORDINATION OF CONSTRUCTION - PRECONSTRUCTION
CONFERENCE
The Contractor shall coordinate his work with other contractors, the City and utilities to
assure orderly and expeditious progress of work.
The City shall hold a pre -construction conference at Sebastian City Hall at a time and
date mutually agreed upon with the Contractor after the Contract has been awarded and
fully executed.
7.6 PROPERTY OF OTHERS
A. Public Ownershin
The Contractor shall be responsible for the preservation of all public property, trees,
monuments, etc., along and adjacent to the street and/or right-of-way, and shall use every
precaution necessary to prevent damage or injury thereto. He shall use suitable
precautions to prevent damage to pipes, conduits and other underground structures, and
shall protect carefully from disturbance or damage all monuments and property marks
until a land surveyor has witnessed or otherwise referenced their location and shall not
remove them until so directed by the Engineer in writing. The City shall remove and
relocate all traffic control signs as required.
B. Private Ownershin
Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house
numbers, fences, etc. may be removed and relocated by the property owners. The City
will not remove, relocate, or re -install mail boxes, sprinkler systems, ornamental shrubs,
etc. belonging to a private property owner. However, should such items not be removed
or relocated by the start of construction, the Contractor shall remove the objects, in a
manner which does not damage or injure the objects at no extra cost to the City, which
interfere with the construction of the Project and place them on the property owner's front
lawn just outside the project limits. Otherwise, the Contractor shall not enter upon private
property for any purpose without obtaining permission from the property Owner thereof.
Where extensive intrusions upon private property are required for construction, the City
and Contractor shall cooperate to obtain Temporary Construction Easements from the
landowner.
7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES
All utilities and all structures of any nature, whether below or above ground, that may be
affected by the Work but are not required to be disturbed or relocated by the very nature
of the project, shall be protected and maintained by the Contractor and shall not be
disturbed or damaged by him during the progress of the Work; provided that, should the
Contractor disturb, disconnect or damage any utility or any structure, all expenses of
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whatever nature arising from such disturbance or the replacement or repair and testing
thereof shall be home by the Contractor.
7.8 CROSSING PUBLIC FACILITIES
When new construction crosses highways, railroads, streets or similar public facilities
under the jurisdiction of state, county, city, or other public agency or private entity, the
City through the Engineer shall secure written permission prior to the commencement of
construction of such crossing. The Contractor will be required to famish evidence of
compliance with conditions of the permit from the proper authority before final
acceptance of the Work by City. Road closures are governed by Paragraph 8.3 below.
7.9 CHANGES IN THE WORK
The City may order changes in the Work through additions, deletions or modifications
without invalidating the Contract; however, any change in the scope of work or
substitution of materials shall require the written approval of the City. Compensation and
time of completion affected by the change shall be adjusted at the time of ordering such
change. New and unforeseen items of work found to be necessary and which cannot be
covered by any item or combination of items for which there is a contract price shall be
classed as changes in the Work. The Contractor shall do such changes in the Work and
furnish such materials, labor and equipment as may be required for the proper completion
of construction of the work contemplated. In the absence of such written order, no claim
for changes in the Work shall be considered. Changes in the Work shall be performed in
accordance with the Specifications where applicable and work not covered by the
specifications or special provisions shall be done in accordance with specifications issued
for this purpose. Changes in the Work required in an emergency to protect life and
property shall be performed by the Contractor as required.
7.10 EXTENSION OF CONTRACT TIME
No extension of time shall be valid unless given in writing by the City. No monetary
compensation shall be given for such delay.
A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the
Contractor to an extension of time in which to complete the Work as determined by the
City provided, however, the Contractor shall immediately give written notice to the City
of the cause of such delay.
"Rain day" extensions shall be granted upon written request of the Contractor to the
City's Project Manager when said Project Manager determines that weather conditions
make it counterproductive to work on said days. "Rain day" requests must be submitted
at the end of each work week or be waived, and the cumulative `rain day" extensions
granted shall be processed as a Change Order with each pay submittal.
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In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor
shall be granted an extension of time to complete the Work for as many calendar days as
the Work was suspended; except, however, that the Contractor will not be granted an
extension of time to complete the Work if the suspension was caused by a fault of the
Contractor.
Contractor shall, at no cost to the City, promptly correct Work failing to conform to
requirements of the Contract Documents, whether observed before or after completion of
the Work and whether or not fabricated, installed or completed, and shall correct any
Work found to be not in accordance with the requirements of the Contract Documents
within a period of one (1) year from the date of completion of the Work or by the terms
of an applicable special warranty required by the Contract Documents. The provisions of
this Paragraph apply to the Work done by Subcontractors as well as to the Work done by
direct employees of Contractor.
Nothing contained in this Paragraph shall be construed to establish a period of limitation
with respect to other obligations which Contractor might have under the Contract
Documents. Establishment of the time period of one (1) year as described in
Subparagraph 7.11(a) above relates only to the specific obligation of Contractor to
correct the Work, and has no effect on the time within which the obligations of the
Contract Documents may be enforced, nor to the time within which proceedings may be
commenced to establish Contractor's liability with respect to Contractor's remaining
contractual obligations.
7.12 LIQUIDATED DAMAGES
In the event Contractor violates or fails to perform any provision of the Contract
Documents, then the City may elect to receive, and Contractor agrees to pay, liquidated
damages in the amount of one hundred dollars ($100) per day beyond the agreed
milestones completion dates. Inspection of the Work by the City and the subsequent
issuance of a notice by the City indicating substantial completion will be the date used to
signify work completion. If completion is beyond the schedule agreed upon, liquidated
damages may be imposed by the City on the Contractor and will be withheld from
payment.
It is expressly acknowledged by Contractor that said payment shall not be interpreted nor
construed as a penalty but is in fact a good faith attempt to fix damages which the City
will suffer in the event Contractor fails to perform as required hereunder or violates any
provision of the Contract Documents.
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8.0 PUBLIC HEALTH AND SAFETY
8.1 PROTECTION OF PERSONS AND PROPERTY
The Contractor shall submit, for the City's approval, a project safety and security plan
which describes the Contractor's plans and procedures to protect the safety and property
of property owners, residents, and passers-by. The plan shall describe measures and
precautions to be taken during working hours and non -working hours.
A. Safetv Precautions and Proerams
The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work in accordance with the U.S.
Department of Labor Occupational Safety and Health Act and the laws of the State of
Florida
This Contract requires that the Contractor and any and all subcontractors hired by the
Contractor comply with all relevant standards of the Occupational Safety and Health Act.
Failure to comply with the Act constitutes a failure to perform.
The Contractor agrees to reimburse the City for any fines and/or court costs arising from
penalties charged to the City for violations of OSHA committed by the Contractor or any
and all subcontractors.
B. Safety of Persons and Property
The Contractor shall take all reasonable precautions for the safety of, and shall provide
all reasonable protection to prevent damage, injury or loss to, all employees on the Work
and all other persons who may be affected thereby; all the work matcrials and equipment
to be incorporated therein, whether in storage on or off the project site, under the care,
custody or control of the Contractor or any of his subcontractors; and other property on
the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in
the course of construction.
The Contractor shall be held fully responsible for such safety and protection until final
written acceptance of the Work.
Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting
equipment at all times. Temporary provisions shall be made by the Contractor to insure
the proper functioning of all swales, gutters, sewer inlets, drainage ditches and irrigation
ditches, which shall not be obstructed except as approved by the City.
The Contractor acknowledges that, in executing the Project, it will operate machinery and
equipment that may be dangerous to the adjacent property owners and the general public.
The Contractor will be required to conduct excavations for the Project which may be
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hazardous to person and property. The Contractor shall develop and implement a job
safety and security plan which will adequately protect all property and the general public.
8.2 TRAFFIC CONTROL
All safety precautions, traffic control, and warning devices necessary to protect the public
and workmen from hazards within the right-of-way shall be in strict accordance with
SECTION 102, MAINTENANCE OF TRAFFIC, in the Florida Dept, of Transportation
(FDOT) Std. The State of Florida Manual of Traffic Control and Safe Practices for Street
and Highway Construction, Maintenance and Utility Operations Specifications for Road
and Bridge Construction, latest edition shall be used as minimum standards, as
applicable.
Further, the Contractor shall carry on the Work in a manner that will cause the least
possible obstruction and interruption in traffic, and the least inconvenience to the general
public and the residents in the vicinity of the work.
With respect to its own operations and the operations of all its subcontractors, the
Contractor shall provide marking, lighting, and other acceptable means of identifying
personnel, equipment, vehicles, storage areas, as well as any other work area that may be
hazardous to the operation of fire -rescue equipment or maintenance vehicles.
8.3 ROAD CLOSURE AND DETOURS
Local traffic shall be maintained within the limits of the Project for the duration of the
construction period. Closing to through travel of more than two (2) consecutive blocks,
including the cross street intersected will not be permitted without specific authorization
of the City. No road or street shall be closed to the public except with the permission of
the City and proper governmental authority. When closing of roads are permitted, it shall
require forty-eight (48) hours notification to the City. Traffic detours shall be pre -
approved prior to closing. "Street Closed to through Traffic" signs and "Detour" routes
shall be indicated and maintained by the Contractor when the job is located in a public or
private street.
8.4 PROVISION OF ACCESS
Where traffic must cross open trenches, the contractor shall provide adequate ingress and
egress to dwellings, business facilities, utilities and service. Temporary provisions shall
be made by the Contractor to insure the use of sidewalks. The Contractor shall provide
suitable crossings at street intersections and driveways, and supply such aid as may be
required for pedestrians and motorists, including delivery vehicles, to safely negotiate the
construction areas.
On completion of Work within any area, the Contractor shall remove all debris, excess
materials, barricades and temporary Work leaving walkways and roads in said area clear
of obstructions.
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8.5 WARNING SIGNS AND BARRICADES
The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as
required, and all such other necessary precautions for the protection of the Work and the
safety of the public. All barricades and obstructions shall be protected at night by
regulatory signal lights which shall be kept in operation from sunset to sunrise.
Barricades shall be of substantial construction and shall be reflective to increase their
visibility at night. Suitable warning signs shall be so placed and illuminated at night as to
show in advance where construction, barricades or detours exist. Unless so designated in
the Bid Documents, no direct payment for this work will be made, but the cost of
providing, erecting and maintaining such protection devices, including guards, watchmen
and/or flagmen as required shall be considered as included and paid for in the various
contract prices of the Work. Warning signs and barricades shall be in conformance with
the State of Florida, Manual of Traffic Control and Safe Practices for Street and
Highway Construction, Maintenance and Utility Operations, latest edition.
The Contractor shall provide and maintain adequate barricades, construction signs,
torches, flashers, guards and flagmen as required in pedestrian and vehicular traffic areas.
Regulations of local authorities shall be compiled with. Advance warning signs are
required on all streets where work is being conducted. Lane closures shall be signed and
barricaded or coned as indicated in aforementioned FDOT Index. Flagmen may be
required where traffic and length of lane closure warrant them. Where such a plan is
needed, Contractor shall submit and obtain approval of their traffic control plan by the
City.
8.6 OPEN TRENCHES
The Contractor shall fully comply with Florida Statutes and OSHA regulations with
regard to open trenches during construction. The Contractor shall be place construction
hazard fencing along any open trenches during the construction work -day, and shall leave
no open trenches or excavations over -night unless properly fenced and with the specific
approval of the Engineer or the City.
8.7 PLACEMENT OF HEAVY EQUIPMENT
The Contractor shall not leave construction equipment parked in front of or on a
residential lot overnight or on weekends. At the close of work each day, the equipment
shall be driven to and stored in a designated area so that the equipment will not become
an "attractive nuisance" to neighborhood children. All equipment left unattended during
the course of working day, such as during lunch hours or work breaks, shall not be left in
a condition or location which would create a safety hazard to the general public. All keys
shall be removed from the machines during those times.
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8.8 TEMPORARY FACILITIES AND CONTROLS
The Contractor shall provide controls for sanitary facilities, environmental protection and
safety controls on site acceptable to the Florida Department of Health and Rehabilitative
Services, Department of Environmental Protection, and St. Johns River Water
Management District.
8.9 SANITARY PROVISION
The Contractor shall provide and maintain such sanitary accommodations adequate for
the use of his employees and those of his subcontractors, and as may be necessary to
comply with the requirements and regulations of the local and state departments of
health.
Such facilities shall be made available when the fast employees arrive on site of the
Work, shall be properly secluded from public observation, and shall be constructed and
maintained during the progress of the Work in suitable numbers and at such points and in
such manner as may be required or approved.
The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary
condition at all times and shall enforce their use. Contractor shall rigorously prohibit the
committing of nuisances on the site of the Work, on the lands of the City or an adjacent
property. The City shall have the right to inspect such facilities at all times to determine
whether or not they are being properly and adequately maintained.
Following the period of necessity for such accommodations, they and all evidence affixed
thereto shall be removed.
8.10 WATER AND ELECTRIC SUPPLY
The Contractor shall make all necessary applications and arrangements, and pay all fees
and charges for water and electrical service necessary for the proper completion of the
Project up to the time of final acceptance. The Contractor shall provide and pay for any
temporary piping and connections.
8.11 NOISE CONTROL
The Contractor shall provide adequate protection against objectionable noise levels
caused by the operation of construction equipment, and shall submit a plan to the
Engineer for his review prior to initiation and implementation of the plan.
8.12 DUST CONTROL
The Contractor shall provide for adequate protection against raising objectionable dust
clouds caused by moving construction equipment, high winds or any other cause, and
ij:1
shall submit a plan to the Engineer for his review prior to initiation and implementation
of the plan.
8.13 WATER CONTROL
The Contractor shall provide for satisfactory disposal of surplus water and shall submit a
plan to the Engineer for his review prior to initiation and implementation of the plan.
Prior approval shall be obtained from the proper authorities for the use of public or
private lands or facilities for such disposal.
8.14 POLLUTION, SILTATION AND EROSION CONTROL
The Contractor shall provide for and take sufficient precautions to prevent pollution of
private and public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of
surplus materials in the forms of solids, liquids or gases including, but not limited to,
fuels, oils bitumen, calcium chloride or other harmful materials. Contractor shall conduct
and schedule Work operations so as to avoid or otherwise minimize pollution or siltation
of streams, lakes and reservoirs and to avoid interference with movement of migratory
fish where there is a high potential for erosion and subsequent water pollution.
Erosion control features shall be constructed concurrently with other work and at the
earliest practicable time.
The Contractor shall prepare a detailed description of Contractor's plan for Erosion and
Turbidity Control, including location of erosion control and turbidity control devices,
marked on a plan set as needed for clarity. The erosion and turbidity control shall meet
the requirements of the St. John's River Water Management District for control of
discharge of Total Suspended Matter, and shall prevent water and wind erosion of open
excavations and swales.
Article III - SUPERVISION AND ADMINISTRATION
9.0 ENGINEER, CITY, CONTRACTOR RELATIONS
9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY
All work done shall be subject to the construction review of the Engineer and City. Any
and all technical questions which may arise as to the quality and acceptability of
materials fumished, work performed, or work to be performed, interpretation of Plans
and Specifications and all technical questions as to the acceptable fulfillment of the
Contract on the part of the Contractor shall be referred to the Engineer who will resolve
such questions.
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9.2 ENGINEER'S DECISION
All claims of a technical nature of the City or Contractor shall be presented to the
Engineer for resolution.
9.3 SUSPENSION OF WORK
The City shall have the authority to suspend the Work wholly or in part, for such periods
as may be deemed necessary and for whatever cause, to include but not be limited to,
unsuitable weather or such other conditions as are considered unfavorable for prosecution
of the Work, failure on the part of the Contractor to carry out the provisions of the
Contract or to supply materials meeting the requirements of the Specifications, or the
action of a governmental agency, by serving written notice of suspension to the
Contractor. In the event that the Engineer shall become aware of any condition which
may be cause for suspension of the Work, the Engineer shall immediately advise the City
of such condition. The Contractor shall not suspend operations under the provisions of
this Paragraph without the City's permission.
9.4 CONSTRUCTION REVIEW OF WORK
All materials and each part or detail of the Work shall be subject at all times to
construction review by the Engineer and the City. The Engineer and the City may
appoint inspectors. The Contractor will be held strictly to the true intent of the
Specifications in regard to quality of materials, workmanship, and the diligent execution
of the Contract. Such construction review may include mill, plant, or shop inspection, and
any material furnished under the Specifications is subject to such inspection. The
Engineer and the City shall be allowed access to all parts of the Work and shall be
furnished with such information and assistance by the Contractor as is required to make a
complete and detailed review. The City shall not be responsible for the acts or omissions
of the Contractor.
9.5 FIELD TESTS AND PRELIMINARY OPERATION
The Contractor shall perform the work of placing in operation all equipment installed
under this Contract, except as specifically noted hereinafter.
The Contractor shall make adjustments necessary for proper operation.
The Contractor shall provide construction labor required for preliminary operation of the
equipment installed under this Contract.
The Contractor shall notify the City when work is considered to be complete, in operating
condition, and ready for inspection and tests. Further inspection requirements may be
designated in the Technical Specifications.
The City will conduct tests it deems necessary to determine if the Work functions
properly. Arrangements for testing laboratory services will be made by the City.
Payment for testing to show compliance with specified requirements will be paid for by
the City. The cost of retesting when materials and workmanship fail to meet specified
requirements will be deducted from moneys due the Contractor.
9.6 EXAMINATION OF COMPLETED WORK
The City may request an examination of completed work of the Contractor at any time
before acceptance by the City of the Work and shall remove or uncover such portions of
the finished work as may be directed. After examination, the Contractor shall restore said
portions of the Work to the standard required by the Specifications. Should the work thus
exposed or examined prove acceptable, the uncovering or removing and the replacing of
the covering or making good of the parts removed shall be paid for as extra work, but
should the work so exposed or examined prove unacceptable, the uncovering, removing
and replacing shall be at the Contractor's expense.
9.7 CONTRACTOR'S SUPERINTENDENT
A qualified superintendent, who is acceptable to the City, shall be maintained on the
project and give sufficient supervision to the Work until its completion. The
superintendent shall have full authority to act on behalf of the Contractor, and all
communications given to the superintendent shall be considered given to the Contractor.
In general, such communications shall be confirmed in writing and always upon written
request from the Contractor.
9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES
Upon failure of the contractor to perform the work in accordance with the Contract
Documents, including any requirements with respect to the Schedule of Completion, and
after five (5) days written notice to the Contractor, the City may, without prejudice to any
other remedy he may have, correct such deficiencies. The Contractor shall be charged all
costs incurred to correct deficiencies.
9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK
In the event of any default by the Contractor, the City shall have the right to immediately
terminate the Contract upon issuance of written notice of termination to the Contractor
stating the cause for such action. This Agreement may be terminated by the City without
cause provided at least thirty (30) days written notice of such termination shall be given
to the Contractor. In the event of termination, the City may take possession of the Work
and of all materials, tools and equipment thereon and may finish the Work by whatever
method and means it may select.
It shall be considered a default by the Contractor whenever he shall
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(a) Declare bankruptcy, become insolvent or assign his assets for the benefit
of his creditors.
(b) Disregard or violate the provisions of the Contract Documents or City's
written instructions, or fail to prosecute the Work according to the agreed schedule of
completion including extensions thereof.
(c) Fail to provide a qualified superintendent, competent workmen or
subcontractors, or proper materials, or fail to make prompt payment therefore.
9.10 RIGHTS OF VARIOUS INTEREST
Wherever work being done by the City's forces or by other contractors is contiguous to
work covered by the Contract, the respective rights of the various interests involved shall
be established by the City, to secure the completion of the various portions of the Work
in general harmony.
9.11 SEPARATE CONTRACTS
The City may let other contracts in connection with the Work of the Contractor. The
Contractor shall cooperate with other Contractors with regard to storage of materials and
execution of their work. It shall be the Contractor's responsibility to inspect all work by
other contractors affecting his work and to report to the City any irregularities which will
not permit him to complete his work in a satisfactory manner. His failure to notify the
City of such irregularities shall indicate the work of other contractors has been
satisfactorily completed to receive his work It shall be the responsibility of the
Contractor to inspect the completed work in place and report to the Engineer immediately
any difference between completed work by others and the Plans.
9.12 SUBCONTRACTS AND PURCHASE ORDERS
Prior to signing the Contract or at the time specified by the City, the Contractor shall
submit in writing to the City the names of the subcontractor proposed for the Work.
Subcontractor may not be changed except at the request or with the approval of the City.
The Contractor is responsible to the City for the acts and omissions of his subcontractors
and their direct or indirect employees, to the same extent as he is responsible for the acts
and omissions of his employees. The Contract Documents shall not be construed as
creating a contractual relation between any subcontractors and the City. The Contractor
shall bind every subcontractor by the terms of the Contract Documents.
For convenience of reference and facilitate the letting of contracts and subcontracts, the
Specifications are separated into title sections. Such separations shall not, however,
operate to make the Engineer or City an arbiter to establish limits to the contracts
between the Contractor and subcontractors.
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9.13 WORK DURING AN EMERGENCY
The Contractor shall perform any work and shall furnish and install materials and
equipment necessary during an emergency endangering life or property. In all cases, he
shall notify the Engineer and City of the emergency as soon as practicable, but he shall
not wait for instructions before proceeding to properly protect both life and property.
9.14 ORAL AGREEMENTS
No oral order, objection, claim or notice by any party to the others shall affect or modify
any of the terms or obligations contained in any of the Contract Documents, and none of
the provisions of the Contract Documents shall be held to be waived or modified by
reason of any act whatsoever, other than by a definitely agreed waiver or modification
thereof in writing, and no evidence shall be introduced in any proceeding of any other
waiver or modification.
9.15 NIGHT, SATURDAY AND/OR SUNDAY WORK
No night or Saturday and Sunday work will be permitted, except in case of emergency, or
with prior approval from City, and then only to such extent as is absolutely necessary to
protect life or property. This clause shall not pertain to crews organized to perform
restoration work which needs no verifying inspection, maintenance work on equipment,
or to operate and maintain special equipment such as dewatering pumps which may be
required to work 24 hours per day. All such night, Saturday and/or Sunday work must be
authorized by the City.
9.16 UNAUTHORIZED WORK
Work done without lines and grades having been established, work done without proper
inspection, or any changes made or extra work done without written authority will be
done at the Contractor's risk and will be considered unauthorized, and, at the option of the
City, may not be measured and paid for.
9.17 USE OF COMPLETED PORTIONS OF THE WORK
The City shall have the right to use, occupy, or place into operation any portion of the
Work that has been completed sufficiently to permit safe use, occupancy, or operation, m
determined by the Engineer. If such use, occupancy, or operation increases the cost of or
delays the Work, the Contractor shall be entitled to extra compensation, or an extension
of time, or both, as determined by the Engineer. However, if Contractor has failed to
complete the Work in accordance with the time requirements of the Agreement, no
compensation (including set -offs to liquidated damages) shall be allowed for such use or
occupancy.
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9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK
Until acceptance of the Work by the City, it shall be under the charge and care of the
Contractor, and he shall take every necessary precaution against injury or damage to the
Work by the action of the elements or from any other cause whatsoever, whether arising
from the execution or from the non -execution of the Work. The Contractor shall rebuild,
repair, restore and make good, without additional compensation, all injury or damage to
any portion of the Work occasioned by any cause, other than the sole and active
negligence of the City, before its completion and acceptance.
10.0 MEASUREMENT AND PAYMENT
10.1 DETAILED BREAKDOWN OF CONTRACT
Except in cases where unit prices form the basis for payment under the Contract, the
Contractor shall submit a complete breakdown of the contract amount showing the value
assigned to each part of the Work, including an allowance for profit and overhead within
ten (10) days of the execution of the Contract by the parties. Upon approval of the
breakdown of the contract amount by the Engineer and the City, it shall be used as the
basis for all requests for payment.
10.2 REQUEST FOR PAYMENT
The Contractor may submit to the City not more than once each month a request for
payment for work completed. Where applicable, the Contractor may choose to submit a
request for payment at the substantial completion of each work order. The City may elect
to provide its own fort for the Contractor to submit progress payment requests. The
standard form provided by the City, or a form presented by the Contractor having
received prior approval from the City, can be used for the submittal of a progress
payment.
The Contractor shall furnish the Engineer and the City all reasonable facilities required
for obtaining the necessary information relative to the progress and execution of the
Work. In addition to each month's invoice, an updated project schedule shall be
submitted.
Each request for payment shall be computed from the work completed to date on all
items listed in the detailed breakdown of the contract amount less previous payments and
back charges. Progress payments on account of Unit Price Work will be based on the
number of units completed at the time the payment request was dated by the Contractor.
If payment is requested on the basis of materials and equipment not incorporated in the
project but delivered and suitably stored at the site or at another location agreed to in
writing, the payment request shall also be accompanied by a bill of sale, invoice or other
documentation warranty that the City has received the materials and equipment free and
clear of all liens, charges, security interests and encumbrances, all of which shall be
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satisfactory to the City. No payments shall be made for materials stored on site without
approval of the City.
An amount of 10% of each monthly pay request shall be retained until final completion
and written acceptance of the Work by the City. Payment of the retainage shall be
included in the Contractor's final pay request in accordance with Paragraph 10.14. Any
deviation in the release or partial release of the 10% retainage shall be at the sole
discretion of the City, but in no case earlier than completion of the Engineer's "punch list
inspection".
Any request for payment shall be accompanied by claim releases for work done or
materials furnished in accordance with Paragraph 10.13.
Prior to submission of any request for payment by the Contractor, the Engineer shall
review the request for payment to determine the following:
(a) That the work covered by the request for payment has been completed in
accordance with the intent of the Plans and Specifications.
(b) That the quantities of work have been completed as stated in the request
for payment, whether for a unit price contract or for payment on a lump -sum contract.
10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT
Within thirty (30) days from the date of receipt of a request for payment the City shall do
one of the following:
(a) Approve and pay the request for payment as submitted.
(b) Approve and pay such other amount of the request for payment in
accordance with Paragraph 10.4 as the City shall decide is due the
Contractor, informing the Contractor in writing of the reasons for paying
the amended amount.
(c) Disapprove the request for payment in accordance with Paragraph 10.4
informing the Contractor in writing of the reasons for withholding
payment.
10.4 CITY'S RIGHT TO WITHHOLD PAYMENT OF A REQUEST FOR
PAYMENT
The City may withhold payment in whole or in part on a request for payment to the
extent necessary for any of the following reasons:
(a) Work not performed but included in the request for payment, or the
contract Price has been reduced by written change order.
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(b) Work covered by the request for payment which is not in accordance with
the Plans, Specifications and generally accepted construction practices,
including if, in the opinion of the City, there is sufficient evidence that the
Work has not been satisfactorily completed, or based upon tests and/or
inspections the work is defective or has been damaged requiring correction
or replacement .
(c) In the event of a filing of a claim or lien, or information received by City
of a potential filing of a claim or lien against the Contractor or City.
(d) Failure of the Contractor to make payments to subcontractors, material
suppliers or labor.
(e) Damage to another contractor.
(f) The City has had to correct a defect in the Work, or there are other items
entitling the City to a set-off against the amount recommended.
(g) Default of any of the provisions of the Contract Documents.
10.5 PAYMENT FOR UNCORRECTED WORK
Should the City direct, in writing, the Contractor not to correct work that has been
damaged or that was not performed in accordance with the Contract Documents, an
equitable deduction from the contract amount shall be made to compensate the City for
the uncorrected work.
10.6 PAYMENT FOR REJECTED WORK AND MATERIALS
The removal of work and materials rejected under Paragraph 5.3 and the re -execution of
work by the Contractor shall be at the expense of the Contractor and the Contractor shall
pay the cost of replacing the destroyed or damaged work of other contractors by the
removal of the rejected work or materials and the subsequent re -execution of that work.
In the event that City incurs expenses related thereto, Contractor shall pay for the same
within thirty (30) days after written notice to pay is given by the City. If the Contractor
does not pay the expenses of such removal, after ten (10) days written notice being given
by the City of its intent to sell the materials, the City may sell the materials and shall pay
to the Contractor the net proceeds therefrom after deducting all the costs and expenses
that are incurred by the City. If the proceeds do not cover the expenses incurred by the
City, such additional amounts may be set-off against any payments due Contractor.
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C. Differine Site Conditions
Contractor shall promptly, and before such conditions are disturbed, notify City in
writing of:
1. Subsurface or latent physical conditions at the site differing materially
from those indicated in this Agreement and its subparts; or
2. Unknown physical conditions at the site, of an unusual nature, differing
materially from those ordinarily encountered and generally recognized as
inhering in the work of the character provided for in this Agreement.
If City finds that conditions materially differ and will cause an increase or decrease in the
Contractor's cost or the time required to perform any part of the work under this
Agreement, whether or not changed as a result of such conditions, the City shall approve
an equitable adjustment and will according modify the Agreement in writing. Any claim
for an equitable adjustment of the contract price based upon differing site conditions is
specifically conditioned upon prior written approval of the additional compensation by
City.
No claim of the Contractor under this clause shall be allowed unless the Contractor has
given the notice required herein. Further, no claim by the Contractor for an equitable
adjustment shall be allowed if asserted after final payment under this Agreement.
10.8 CANCELED ITEMS OF WORK
The City shall have the right to cancel those portions of the contract relating to the
construction of any item provided therein. Such cancellation, when ordered by the City in
writing, shall entitle the Contractor to the payment of a fair and equitable amount
covering all costs incurred by him pertaining to the canceled items before the date of
cancellation or suspension of the Work. The Contractor shall be allowed a profit
percentage on the materials used and on construction work actually done, at the same
rates as provided for "Changes in the Work", but no allowance will be made for
anticipated profits. Acceptable materials ordered by the Contractor or delivered on the
site before the date of such cancellation or suspension shall be purchased from the
Contractor by the City at actual cost and shall thereupon become the property of the City.
10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY
If the Work or any part thereof shall be suspended by the City as provided in Paragraph
9.3, the Contractor will then be entitled to payment for all work done except as provided
in Paragraph 10.4.
10.10 PAYMENT FOR WORK BY THE CITY
The cost of the work performed by the City removing construction materials, equipment,
tools and supplies in accordance with Paragraph 5.7 and in correcting deficiencies in
accordance with Paragraph 9.8 shall be paid by the Contractor.
KI-11
10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION OF
CONTRACT
A. Termination by City for Cause
Upon termination of the contract by the City for cause, including abandonment or
termination by Contractor, the City may enter into an agreement with others for the
completion of the Work under this Agreement and the Contractor shall be held harmless
for the work of others. No further payments shall be due the Contractor until the Work is
completed and accepted by the City. If the unpaid balance of the contract amount shall
exceed the cost of completing the Work including all overhead costs, Contractor shall be
paid up to the amount of the excess balance on a quantum memit basis for the work done
prior to termination. If the cost of completing the Work shall exceed the unpaid balance,
the Contractor or its Surety shall pay the difference to the City. The cost incurred by the
City as herein provided shall include the cost of the replacement contractor and other
expenses incurred by the City through the Contractor's default. In either event, all work
done, tracings, plans, specifications, maps, computer programs and data prepared by the
Contractor under this Agreement shall be considered property of the City.
B. Termination by City Without Cause
In the event the City without cause abandons, terminates or suspends this Agreement, the
Contractor shall be compensated for services rendered up to the time of such termination
on a quantum meruit basis and any work done or documents generated by the Contractor
shall remain the property of the City.
10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY
The Contract will be considered complete when all work has been finished, the final
construction review is made by the Engineer, and the project accepted in writing by the
City.
10.13 RELEASE OF CLAIMS (INTERIKFINAL)
The Contractor shall deliver, with each request for payment, a completed Affidavit and
Release of Claim on a form supplied by the City. Also, from each supplier or
subcontractor who has notified the City of his right to file a Claim (Notice to City) or
who is listed in the Contractor's Affidavit and Release of Claim as an unpaid, potential
Claimant, a Claimant's Sworn Statement of Account, executed by the supplier or
subcontractor, must be attached to each request for payment.
If the completed forams are not supplied with the request for payment, the City will notify
Contractor of the outstanding claims of record and, if said completed form(s) are not
supplied within thirty (30) days, the City shall make joint payments to the Contractor and
outstanding claimants.
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10.14 ACCEPTANCE AND FINAL PAYMENT
When it is determined, as a result of a joint inspection of the Work by the Contractor,
City, and Engineer that the Work has been completed in accordance with the terms of the
Contract Documents, the Engineer shall certify completion of the Work to the City. At
that time, the Contractor may submit the Contractor's final request for payment. The
Contractor's final request for payment shall be the contract amount plus all approved
written additions less all approved written deductions and less previous payments made.
As a condition for Final payment, a Contractor's Final Affidavit must be received by the
City along with his Final Payment Request and any as -built drawings which may be
required. The Contractor shall furnish full and final releases of Claim for labor, materials
and equipment incurred in connection with the Work, following which the City will
release the Contractor except as to the conditions of the performance bond, any legal
rights of the City, required guarantees and satisfaction of all warranty work, and shall
authorize payment of the Contractor's final request for payment.
10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT
The making of the final payment by the City to the Contractor shall not relieve the
Contractor of responsibility for faulty materials or workmanship. The City shall promptly
give notice of faulty materials and workmanship and the Contractor shall promptly
replace any such defects discovered within one (1) year from the date of final written
acceptance of the Work by the City.
11.0 PUBLIC CONTRACT REQUIREMENTS
11.1 COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that he has not employed or retained any company or person,
other than a bona fide employee working solely for the Contractor, to solicit or secure
this Agreement and that he has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for the
Contractor, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or
violation of this paragraph, the City shall have the right to terminate the Agreement
without liability and, at its discretion, deduct from the Agreement price, or otherwise
recover, the full amount of such fee, commission, percentage, gift or consideration.
11.2 INTEREST OF MEMBERS OF CITY AND OTHERS
No officers, members or employees of the City and no member of its governing body,
and no other public official of the governing body of the locality or localities in which
services for the facilities are situated or carried out, who exercises any functions or
responsibilities in the review or approval of the undertaking or carrying out of this
project, shall participate in any decision relating to this Agreement which affects his
Si]
personal interest, or have any personal or pecuniary interest, direct or indirect, in this
Agreement or the proceeds thereof.
11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING
The Contractor agrees that no Federal appropriated funds have been paid or will be paid
by or on behalf of the Contractor to any person for influencing or attempting to influence
any officer or employee of any Federal agency, a member of Congress, an officer or
employee of Congress or an employee of a member of Congress in connection with the
awarding of any Federal contract, the making of any Federal Grant, the making of any
Federal loan, the entering into of any cooperative agreement and the extension,
continuation, renewal, amendment or modification of any Federal contract, Grant, loan or
cooperative agreement. Further, Contractor shall fully comply with the Federal Lobbying
Disclosure Act of 1995.
If any funds other than Federal appropriated funds have been paid by the Contractor to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a member of Congress, an officer or employee of Congress or an
employee of a member of Congress in connection with any Agreement, the undersigned
shall complete and submit the attached Standard Form-LLL "Disclosure Form to Report
Lobbying" in accordance with its instructions. Any and all subcontracts executed by
Contractor for the Work hereunder shall likewise certify and disclose accordingly
11.4 INTEREST OF CONTRACTOR
The Contractor covenants that he presently has no interest and shall not acquire any
interest, direct or indirect, which shall conflict in any manner or degree with the
performance of services required to be performed under this Agreement. The Contractor
Rather covenants that in the performance of this Agreement, no person having any such
interest shall be employed. The Contractor shall not undertake any professional work
which conflicts with his duties as the City's Contractor without the prior written consent
of the City during the term of this Agreement. Any work where the Contractor can
reasonably anticipate that it may be called to testify as a witness against the City in any
litigation or administrative proceeding will constitute a conflict of interest under this
Agreement.
11.5 PUBLIC ENTITY CRIMES
The Contractor shall file the attached sworn statement which is entitled PUBLIC
ENTITY CRIMES, stating whether a person or affiliate as defined in Section 287.133
(1) Florida Statutes, has been convicted of a public entity crime subsequent to July 1,
1989, in accordance with the provisions of said statute.
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11.6 DRUG -FREE WORKPLACE
The Agreement documents also consist of the "Drug -Free Workplace Form" which is in
accordance with Florida Statute 287.089 and must be signed and instituted.
11.7 COMPLIANCE WITH LAWS
Contractor shall comply with all applicable federal laws that in any way regulate or
impact the Work, including, but not limited to, The Clean Air Act (42 USC §7506(c)),
The Endangered Species Act (16 USC §1531, et seq.), Executive Order No. 11593,
Executive Order No. 11988, Executive Order No. 11990, The Fish and Wildlife
Coordination Act (PL 85-624), The Safe Water Drinking Act Section 1424(e) (PL 93-
523, as amended), The Wild and Scenic Rivers Act (PL 90-542, as amended), The
Demonstration Cities and Metropolitan Development Act of 1966 (PL 89-754), Section
306 of The Clean Air Act, Section 508 of The Clean Water Act, Executive Order No.
11738, The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination Act (PL 94-
135), Section 13 of The Federal Water Pollution Control Act (PL 92-500), Executive
Order No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive
Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and
Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101-
336).
11.8 INSURANCE
The Contractor agrees to carry insurance, of the types and subject to the limits as set forth
below and maintain said insurance during the life of this agreement:
(a) Workers' Compensation - Contractor shall purchase workers'
compensation insurance as required by law.
(b) Commercial General Liabiliri - Contractor shall purchase Commercial
General Liability insurance with a combined single limit of at least
$1,000,000.
(c) Commercial Auto Liability - Contractor shall purchase Commercial Auto
Liability insurance with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its
obligations under Paragraph 9.18 for the Work paid for by the City but not yet accepted.
The insurance company selected shall be A+ or better per the Bests Key Rating Guide.
The Contractor and the insurance company(s) shall agree to furnish the City thirty (30)
days written notice of their intent to cancel or terminate said insurance. It is the fall
responsibility of the contractor to insure that all sub -contractors have full insurance
coverage as stated above.
The Contractor shall not commence the Work under this contract until he has obtained all
the insurance required under this paragraph and certificates of such insurance have been
submitted to the City, nor shall the Contractor allow any subcontractor to commence
work on his subcontract until all insurance required has been so obtained and approved
42
by the City. The Contractor shall carry and maintain until acceptance of the Work,
insurance as specified herein and in such form as shall protect him and any subcontractor
performing work under this Contract, or the City, from all claims and liability for
damages for bodily injury, including accidental death, under this Contract, whether by
himself or by any subcontractor or by any one directly or indirectly employed by either of
them.
The Contractor shall furnish to the City certificates of insurance in duplicate showing
proof of insurance, naming the City and the Engineer as additional insured parties, prior
to the start of construction as provided in the Contract.
11.9 BOND
The Contractor shall provide bonds issued by companies holding certificates of authority
as acceptable sureties in the form prescribed by State Law, and generally as shown in
these Documents, for Performance and Payment, each in the amount of 100% of the total
contract amount.
11.10 PERMITS
All City and St. John's River Water Management District permits and other permits
necessary for the prosecution of the Work shall be secured by the City, except for
Contractor's licenses and registrations. Contractor shall secure a building permit if
required by the City's Building Official.
11.11 LAWS TO BE OBSERVED
The Contractor shall give all notices and comply with all federal, state and local laws,
ordinances, permit requirements and regulations in any manner affecting the conduct of
the Work, and all such orders and decrees as enacted by bodies or tribunals having any
jurisdiction or authority over the Work, and shall indemnify and save harmless the City
and Engineer against any expense, claim or liability arising from, or based on, the
violation of any such law, ordinance, regulation, permit requirements, order or decree,
whether by himself or his employees. The failure of the Contractor to adhere to any
known law or regulation pertaining to furnishing services under this Agreement shall
constitute a material breach of this Agreement. The Contractor acknowledges that this
requirement includes compliance with all federal, state and local health and safety rules
and regulations.
The Contractor shall keep himself fully informed of all existing and pending state and
national laws and municipal ordinances and regulations in any manner affecting those
engaged or employed in the Work, or in any way affecting the conduct of tribunals
having any jurisdiction or authority over the same. If any discrepancy or inconsistency is
discovered in the Plans, Specifications, or Contract for this work in relation to any such
law, ordinance, regulations, order or decree, he shall forthwith report the same to the
43
Engineer and City in writing. He shall at all times himself observe and comply with and
cause all his agents, subcontractors and employees to observe and comply with decrees;
and shall protect and indemnify the City and Engineer, their officers, employees and
agents against any expense, claim or liability arising from or based upon violation of any
such law, ordinance, regulations, orders or decree, whether by himself or his employees.
All building construction work alterations, repairs or mechanical installations and
appliances connected therewith shall comply with the applicable building rules and
regulations, restrictions and reservations of record, local ordinances and such other
statutory provisions pertaining to this class of work.
11.12 DEBARMENT AND SUSPENSION
In accordance with Executive Order 12549, Debarment and Suspension (40 CFR 32), the
Contractor shall agree and certify that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency; and that the
Contractor shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in
this covered transaction without prior written approval of the City.
Upon execution of this Agreement by the Contractor, the Contractor shall complete sign
and return a copy of the form entitled "Certification Regarding Debarments, Suspension,
Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions"
attached hereto, and shall include the language of this Paragraph and the attached fore in
all subcontracts executed to support the Contractor's work under this Agreement.
12.0 MISCELLANEOUS
12.1 ADDRESSES FOR NOTICES
All notices given under or in connection with any of the Contract Documents shall be
delivered in person or by telegraph or registered or certified mail to the parties at the
address as either party may by notice designate.
12.2 WRITTEN NOTICE
Written notice shall be considered as served when delivered to the designated
representative of the Contractor and receipt acknowledged or sent by registered mail to
the individual, firm, or corporation to the business address stated in Bid Proposal.
Change of Address: It shall be the duty of each party to advise the other parties to the
Contract as to any changes in his business address until completion of the Contract.
44
12.3 TAXES
Contractor shall pay all sales or other taxes of any type which may be incurred in
connection with the Work hereunder, and shall reimburse the City for any such taxes paid
by the City.
12.4 TIME IS OF VITAL IMPORTANCE
It is agreed and understood that time is of vital importance with respect to the completion
date for the Work and all other provisions of the Contract Documents.
12.5 NO WAIVER OF LEGAL RIGHTS
Neither the payment for, nor acceptance of the whole or any pan of the Work by the City
or representatives of the City, nor any extension of time, nor the withholding of
payments, nor any possession taken by the City, nor the termination of employment of
the Contractor shall operate as a waiver of any portion of the Contract or any power
therein reserved or any right therein reserved or any right therein provided, nor shall the
waiver by the City of any of the Contractor's obligations or duties under this Agreement
constitute a waiver of any other obligation or duty of the Contractor under this
Agreement.
12.6 RIGHT TO WORK PRODUCT
No reports, data, programs or other material produced in whole or in part under this
Agreement shall be subject to copyright by the Contractor, in the United States or in any
other country. The City or its assigns shall have the unrestricted authority to publish,
disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or
other material prepared under this Agreement. All tracings, plans, specifications, maps,
computer programs and data prepared or obtained under this Agreement shall remain the
property of the City. Any use of any plaits and specifications by the City except the use
reasonably contemplated by the City at the time the City entered this Agreement will be
at the City's risk and Contractor, its officers, directors and employees, will be held
harmless from such use.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed, the day and year first above written.
ATTEST:
Sally A. Maio, CMC
City Clerk
(SEAL)
THE CITY OF SEBASTIAN
By:
Name: Terrence R. Moore
Title: City Manager
45
Approved as to Form and Content for:
Reliance by the City of Sebastian Only
Rich Stringer, City Attorney
CONTRACTOR
Signed, sealed and delivered
in the presence of: Contractor
NAME: By:
Name:
NAME: Title:
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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 a copy of the statement specified in Paragraph 1.
3. In the statement specified in Paragraph 1, notify the employees that, as a
condition of working on the commodities or contractual services that the
employee will abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo contendere to any
violation of Chapter 1893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than
five (5) days after such conviction.
4. 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.
5. Make a good faith effort to continue to maintain a drug -free workplace
through implementation of Paragraph 1 through 5.
As the person authorized to sign this statement, I certify that this firm complies
fully with the above requirements.
Date:
Contractor
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PUBLIC ENTITY CRIMES
Any person submitting a quote, bid, or proposal in response to this invitation or a
contract, must execute the enclosed form PUR. 7069, sworn statement under section
287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including
proper check(s), in the spaces) 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 contract, 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 contracting 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 contract 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 contract to, or
transact any business in excess of the threshold amount provided in Section 287.017,
Florida Statutes, for category two 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 a contract (formal
contract or purchase order in excess of the threshold amount for category two) to provide
goods or services to THE CITY OF SEBASTIAN, a person shall file a swom statement
with the contracting 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 OUOTE OR BID,
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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 the Sebastian Highlands Alleyway
Improvement Project Services Agreement for THE CITY OF SEBASTIAN.
2. This sworn statement is submitted by ., whose
business address is and (if applicable) its
Federal Employer Identification (FEIN) is
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 contract for goods or
services to be provided to any public entity or an agency or political subdivision
of any other state or of the United States and involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misrepresentation.
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. 1 understand that an "affiliate" as defined in Paragraph 287.133(I)(a),
Florida Statutes, means:
(1) A predecessor or successor of a person convicted of a public entity crime;
or
(2) An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity crime.
The term "affiliate" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in the management
of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons
when not for fair market value under an arm's length agreement, shall be a prima
facie case that one person controls another person. A person who knowingly
C1:1
enters into ajoint 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 contract and
which bids or applies to bid on contracts for the provision of goods or services let
by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The tern[ "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are
active in management of an entity.
S. 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 swom statement, nor any officers,
directors, executives, partners, shareholders, employees, members, or agents who
are active in management of the entity, nor any affiliate of the entity have been
charged with and convicted of a public entity crime subsequent to July 1, 1989.
_ The entity submitting this sworn statement, or one or more of the officers,
directors, executives, partners, shareholders, employees, members or agents who
are active in management of the entity, or an affiliate of the entity has been
charged with and convicted of a public entity crime subsequent to July 1, 1989,
AND (Please indicate which additional statement applies.)
There has been a proceeding concerning the conviction before a hearing
officer of the State of Florida, Division of Administrative Hearings. The
final order entered by the hearing officer did not place the person or affiliate on
the convicted vendor list. (Please attach a copy of the final order.)
The person or affiliate was placed on the convicted vendor list. There has
been a subsequent proceeding before a hearing officer of the State of Florida,
Division of Administrative Hearings. The final order entered by the hearing
officer determined that it was in the public interest to remove the person or
affiliate from the convicted vendor list. (Please attach a copy of the final order.)
The person or affiliate has not been placed on the convicted vendor list.
(Please describe any action taken by or pending with the Department of General
Services.)
(Signature)
Date:
qII
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, 2002 by
(title) on behalf of
He/she is personally known to me or has produced as
identification and did ( ) did not ( ) take an oath.
(Notary Signature)
Name:
My Commission Expires:
Commission Number:
51
ATTACHMENT `B'
ALLEYWAY IMPROVEMENTS PROJECT
RIGHT OF WAY PERMIT
SPECIAL TERMS AND CONDITIONS
TECHNICAL SPECIFICATIONS AND PLANS
DATE Auamt20,2002
APPLICANT City of Sebastian
Name
1225 Main St, Sebastian, FL 32958
Address
CONTRACTOR
Name
Address
INDIAN RIVER COL TY
RIGHT-OF-WAY PE T
R.O.W. PERMIT NO.
5611589-5490
Phone No.
Phone No.
LOCATION OF WORK Alleyway through Sebastian Highlands from Laconia St. to South Wimbrow, Dr.
Street Address
Sebastian Highlands -Units 6. 8, & 12
LoVfllock/Subdivislon/Unit
DESCRIPTION OF WORK 1.) Reconstruction of Alleyway connection to SR 512just east of Strait Ave.
2.) Reconstruction of Alleyway connection to SR 512 just east of Collar Creek
....._................................................................................................ ................
TYPE PERMIT TYPE UTILITY
CONSTRUCTION
_ Driveway'+ Cable TV
_ Street Parking Electricity Underground
SidewaIWCmbs Telephone Overhead
Storm Drainage X Right -of -Way
— Water Systems Clearing
Sanitary Sewer Other
_______________________________________________________________________________________________________________
NOTE: 1. Detailed drawing shall be submitted with each application.
2. This permit is issued subject to all conditions on reverse side of this
application.
3. A signature by the contractor shall be construed as making the contractor
personally liable for all permit conditions unless contractor attaches
written proof of author Wion to act on behalf of the applicant.
4. All work is subject to fmal inspection by the Engineering Division., Call
567-8000, ext. 283 to schedule inspections.
PERMIT IS TO BE DISPLAYED 11
SITEON t� SY 1. ' °v
FDOT TRAFFIC
FDOT TRAFFIC CONTROL is
required Applic t/Cantmctor
...............------------------ .............. .---------------------- ......... .......
OFFICE USE ONLY
Complies with Thoroughfare Remarks
Plan- Yes No
DRAINAGE
Approved
Not Approved
PERMIT FEE
Issuing Officer
Revised 11/96
SPECIAL TERMS AND CONDITIONS
Maintenance of Traffic:
Non -Compliance: Should the Owner or Engineer determine that
traffic within the project limits is not being maintained in
accordance with the approved traffic control plan or
presents a public safety concern, the contractor shall act
immediately to address the maintenance of traffic
deficiencies. Should the contractor fail to make such
modifications by the end of the day in which notification is
given the Owner shall have the option to fine the contractor
$300 per day until remedied.
Prevention Control 6 Abatement of Erosion & Water Pollution:
Non -Compliance: Should the Owner or Engineer determine that
erosion control within the project limits is not being
maintained in accordance with the FOOT indexes and
specifications, the contractor shall have until the end of
the working day in which notification is given to take
corrective action. Should the contractor fail to make such
modifications by the end of the day in which notification is
given the Owner shall have the option to fine the contractor
$300 per day until remedied.
Material Testing:
Material testing will be at the expense of the City, except
for failing test, which will be charged to the contractor
and deducted from any moneys due him. An independent
Testing laboratory shall be selected by the Owner to provide
testing services as directed by the Engineer. The testing
laboratory shall mail a copy of all test reports directly to
the Engineer.
The Contractor shall notify the City 24 hours in advance
when he has portions of the work ready for testing.
City of Sebastian Sebotian Highlands
Engineering Department Alleyway Improvement Plans
Sebastian Highlands Alleyway Improvement Plans- SUPPLEMENTAL SPECIAL
PROVISIONS:
GOVERNING SPECIFICATIONS:
The governing specifications for this project are the State of Florida
Department of Transportation Standard Specifications for Road and
Bridge Construction Dated 2002 and the FDOT Roadway and Traffic Design
Standards Dated January 2002. The following information is in addition
to the specifications previously referenced.
BID ITEMS:
100-1 Construction Surveying 5 Record Drawings:
The bid price for this item shall include, but not be
limited to the requirements of Section 100 of the Standard
Specifications, as well as all necessary survey work the
CONTRACTOR needs to complete the work and prepare three (3)
original Record Drawings of the completed project showing
all variations from the bid plans. This document shall be
signed and sealed by a professional surveyor registered to
practice in the State of Florida and then submitted to the
ENGINEER for approval.
The basis of payment for Construction Layout E Record
Drawings shall be paid as LUMP SUM.
101-1 Mobilization/Demobilization:
The bid price for this item shall include, but not be
limited to the requirements of Section 101 of the Standard
Specifications, as well as all operations and preparations
necessary to begin the work on the project. This shall also
include those operations necessary for the movement of
personnel, equipment, material and incidentals to the site,
establishment of safety equipment, first aid supplies, and
sanitary facilities, as required by the Contract Documents.
The cost of required bonds and any insurance(s) shall be
included in this item.
The basis of payment for Mobilization/Demobilization shall
be paid as LUMP SUM.
102-1 Maintenance of Traffic:
The bid price for this item shall include, but not be
limited to, the requirements of Section 102 of the Standard
Specifications. The maintenance of traffic for this project
shall be in accordance with the applicable FDOT index
numbers (600 Series) and these documents: The Manual on
Uniform Traffic Control Devices for Streets and Highways,
U.S. Department of Transportation, and FHWA. These documents
City of Sebastion Sebastian Highlands
Engineering Department Alleyway Improvement Plans
shall be followed in the design, application, installation,
maintenance and removal. It shall include all traffic
control devices, warning devices, barriers and necessary
items to protect the public and workmen from hazards within
the project limits. Pedestrian and vehicular traffic shall
be maintained and protected at all times. Cost of
maintenance of traffic shall include, but not be limited to
construction signs, temporary reflective markers, temporary
pavement markings, dust control and all items necessary to
meet the maintenance of traffic requirements of the Florida
Department of Transportation as prescribed in section 600 of
the FDOT Standard Indexes and the project plans.
The basis of payment for Maintenance of Traffic shall be
paid as LUMP SUM.
104-2 Prevention Control & Abatement of Erosion & Water Pollution:
The CONTRACTOR is required to implement erosion and soil
control devices in accordance with all state, local, and
federal standards, section 104 of the Standard
Specifications, and applicable FDOT Roadway and Traffic
Design Standards by methods including but not limited to the
following options: hay bales, sediment basin, silt fence or
turbidity barrier. Excavated material shall not be
deposited in canals, or in a position close enough to be
washed away by high water or runoff.
The basis of payment for Prevention, Control, & Abatement of
Erosion & Water Pollution shall be paid as LUMP SUM.
110-1-1 Clearing and Grubbing:
The bid price for this item shall include, but not be
limited to, the requirements of Section 110 of the Standard
Specifications. The unit cost shall include the required
manpower, equipment, material, and other costs involved in
clearing the site for the proposed construction including
but not limited to, the areas of connection to the existing
canal bottom and slopes. The work shall include the
complete removal and legal disposal of all trees, brush,
asphaltic pavement, concrete, rubbish and remaining
obstructions within the project boundary.
The basis of payment for the Clearing and Grubbing shall be
paid as PER ACRE.
110-7-1 Mailbox (Relocation):
The bid price for this item shall include, but not be
limited to, the requirements of Section 110 of the Standard
Specifications, as well as all manpower, equipment,
materials and incidental items necessary to perform this
task. Cost to include all phasing relocations, if mailbox
City ofSebastion Sebastian Highlands
Engineering Department Alleyway Improvement Plans
is damaged or unable to be relocated contractor is to
replace in kind.
The basis of payment for Mailbox (Relocation) shall be paid
as EACH.
120-6A Embankment:
The bid price for this item shall include, but not be
limited to, the requirements of Sections 120 Excavation and
Embankment for Structures of the Standard Specifications and
Index 505 of the FDOT Standard Indices. The unit cost shall
include, but not be limited to the required manpower,
equipment, materials, and any other items necessary to place
the embankment fill and balance -out the site, as indicated
on the plans. At the completion of the embankment
construction, the area shall be graded so that the post -
construction drainage meets the design intent.
The Contractor shall dispose of excess material at the City
yard located on Louisiana Avenue.
The basis of payment for Embankment shall be paid as LUMP
SUM.
285-701 Optional Base (Base Group 1):
The bid price for this item shall include, but not limited
to, the requirements of Sections 250-Shell Base, 300-Prime
Coat of the Standard Specifications, as well as all
manpower, equipment, materials and incidental items
necessary to perform this task.
The basis of payment for Optional Base Group (Base Group 1)
shall be paid as SQUARE YARD.
285-706 Optional Base (Base Group 6):
The bid price for this item shall include, but not limited
to, the requirements of Sections 250-Shell Base, 300-Prime
Coat of the Standard Specifications, as well as all
manpower, equipment, materials and incidental items
necessary to perform this task.
The basis of payment for Optional Base Group (Base Group 6)
shall be paid as SQUARE YARD.
331-72-14 Asphaltic Concrete Type S - (1.51):
The bid price for this item shall include, but not limited
to, the requirements of Sections 320-Hot Bituminous Mixtures
- Plant, 330-Hot Bituminous Mixtures - General Construction
Requirements and 331-Type S Asphaltic Concrete, as well as
all manpower, equipment, materials, and any other items
City of Sebastion Sebastian Highlands
Engineering Department Alleyway Improvement Plans
necessary to perform this task. The contractor shall saw
cut the existing pavement outside the limits of any pavement
damage that is a result of this work. If damaged area is
outside City Right -of -Way, Contractor shall coordinate with
property owner. The entire removed pavement section shall
be restored in conformance with the pavement replacement
detail as shown on the plans. The contractor shall provide
temporary striping, approved by the Engineer, until such
time as the permanent striping is placed.
The basis of payment for Asphaltic Concrete Type S
shall be paid as SQUARE YARD.
425-1-521 Inlet (DBI Type C) (<101):
The bid price for this item shall include, but not limited
to, the requirements of Section 425-Inlets, Manholes and
Junction Boxes of the Standard Specifications.
The basis of payment for Inlet (DBI Type C) (<10') shall be
paid as EACH.
430-81-123 Corrugated Aluminum Pipe Culvert (15" SS):
The bid price for this item shall include all material
equipment, labor and incidentals necessary to install the
culvert pipe. The material and placement shall meet the
criteria of Section 430-Pipe Culverts and Storm Sewers of
the Standard Specifications for Road and Bridge
Construction.
The unit cost shall include the preparation of the required
pipe bedding in accordance with Section 430-4 as well as the
cost of the manpower, equipment, material and other cost
involved in producing, delivering and bedding the pipe.
The basis of payment for Corrugated Aluminum Pipe Culvert
(15" Ss) shall be paid as LINEAR FOOT.
430-96-513 4" PVC (SCB 80):
The bid price for this item shall include all material
equipment, labor and incidentals necessary to install the
culvert pipe. The material and placement shall meet the
criteria of Section 430-Pipe Culverts and Storm Sewers of
the Standard Specifications for Road and Bridge
Construction.
The unit cost shall include the preparation of the required
pipe bedding in accordance with Section 430-4 as well as the
cost of the manpower, equipment, material and other cost
involved in producing, delivering and bedding the pipe.
City of Sebastian Sebastian Highlands
Engineering Department Alleyway Improvement Plans
The basis of payment 4" PVC (SCH 80) shall be paid as LINEAR
FOOT
430-96-518 8" FVC (SCH 80):
The bid price for this item shall include all material
equipment, labor and incidentals necessary to install the
culvert pipe. The material and placement shall meet the
criteria of Section 430-Pipe Culverts and Storm Sewers of
the Standard Specifications for Road and Bridge
Construction.
The unit cost shall include the preparation of the required
pipe bedding in accordance with Section 430-4 as well as the
cost of the manpower, equipment, material and other cost
involved in producing, delivering and bedding the pipe.
The basis of payment 8" PVC (SCH 80) shall be paid as LINEAR
FOOT
519-78 Bollards:
The bid price for this item shall include, but not be
limited to, all material, equipment, labor s incidenntal
items required for installation as detailed on the plan
sheets.
The basis of payment for Bollards shall be paid as EACH.
522-1 Concrete Sidewalk (4" Thick):
The bid price for this item shall include, but not be
limited to, the requirements of Sections 520-2, 520-3, 520-5
and 522-Concrete Sidewalk of the Standard Specifications and
Index 310 of the Roadway and Traffic Design Standards.
The basis of payment for Concrete Sidewalk (4" Thick) shall
be SQUARE YARD
522-2 Concrete Sidewalk (6" Thick):
The bid price for this item shall include, but not be
limited to, the requirements of Sections 520-2, 520-3, 520-5
and 522-Concrete Sidewalk of the Standard Specifications and
Index 515 of the Roadway and Traffic Design Standards.
The basis of payment for Concrete Sidewalk (6" Thick) shall
be SQUARE YARD.
City of Selantion Sebastian Highlands
Engineering Department Alleyway Improvement Plans
530-3-4A Riprap Rubble (Ditch Lining):
The bid price for this item includes all the labor,
equipment, and materials to provide riprap rubble in
accordance with the requirements of Sections 530-2 and 530-3
of the Standard Specifications.
The basis of payment for Riprap Rubble (Ditch Lining), shall
be paid as SQUARE YARD.
575-1-1 Sodding (Bahia):
The bid price for this item shall include, but not be
limited to sod, water, fertilizer and mowing. It shall meet
the requirements of Sections 570 and 575 of the Standard
Specifications as well as all manpower, equipment,
materials, and any other items necessary to perform the
task. All disturbed areas shall be covered with a good
stand of Bahia except paved areas, endwalls, pipe ends, and
structures. All disturbed areas shall be covered with a
good stand of Bahia upon acceptance of the project by the
City of Sebastian. The CONTRACTOR will be responsible for
repairing all washed-out and eroded areas until such time as
the project is accepted by the City of Sebastian.
Sod shall be placed adjacent to pavement according to the
detail contained in the contract documents.
The basis of payment for Sodding (Bahia) shall be paid as
SQUARE YARD.
711-4 Directional Arrows, Thermoplastic:
The bid price for this item shall conform to the
requirements of Section 711-Thermoplastic Traffic Stripes
and Markers of the Standard Specifications as well as the
necessary materials and labor required to complete work.
The basis of payment for Directional Arrows, Thermoplastic,
shall be paid as EACH
City of Sebastion Sebastian Highlands
Engineering Department Alleyway Improvement Plans