HomeMy WebLinkAboutBid 17-11 Automated Weather Observing System (AWOS)CM Lf
SE13AST_LN
HOME OF PELICAN ISLAND
BID 17-11
DOCUMENTS
FOR
AUTOMATED WEATHER OBSERVING SYSTEM
(AWOS)
FOR SEBASTIAN MUNICIPAL AIRPORT
CONTACT:
Scott Baker, Airport Director and Project Manager
e-mail rbaker(a citvofsebastian.ore
BID 17-11
NOTICE OF INVITATION TO BID
THE CITY OF SEBASTIAN, FL IS SEEKING SEALED BID PROPOSALS FROM QUALIFIED
BIDDERS TO PURCHASE AND INSTALL A FAA CERTIFIED AUTOMATED WEATHER
OBSERVATION SYSTEM (AWOS) AT THE SEBASTIAN MUNICIPAL AIRPORT. ALL SEALED
BIDS WILL BE ACCEPTED BY THE CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN,
FLORIDA 32958 UNTIL 2:OOPM ON MONDAY, MAY 22, 2017. ALL BID PROPOSALS SUBMITTED
ARE TO BE SEALED AND MARKED AS FOLLOWS:
BID17-11 AWOS PURCHASE AND INSTALL
BID 17-I1 OPENING DEADLINE: 2:OOPM, MAY 22, 2017
The City of Sebastian, Florida is seeking bids to purchase and install an Automated Weather Observation
System (AWOS) at the Sebastian Municipal Airport in Sebastian, Florida.
Biding details are available from www.demandstar.com or by contacting Scott Baker, Airport Director via
telephone at 772-228-7013 or by email at rbaker@cityofsebastian.org All items bid shall conform to the Bid
Documents unless specifically approved in advance and in writing by the City.
A bid bond is required in an amount not less than 5% of the base bid amount; along with a performance and
payment bond on any resulting contract.
Any person or affiliate who has been placed on the convicted vendor list following conviction for a public entity
crime may not submit a bid as proscribed by Section FS.287.122. Any bids received without the signed Bid
Proposal, Public Entity Crime Form, the Drug Free Workplace Form and signed Contract will be considered
incomplete and the proposal will be disqualified.
A mandatory call -in pre -bid telephone conference is scheduled for May 11, 2017 at 2:00 p.m., at Sebastian
City Hall, City Chambers, 1225 Main St., Sebastian, FL Conference call dial in instructions are as follows:
Please join my meeting from your computer, tablet or smartphone.
hftr)s://alobal.00tomeetina.com/ioin/l 50971941
You can also dial in using your phone.
United States: +1 (872) 240-3212
Access Code: 150-971-941
Technical comments and a summary of questions asked during the telephone conference, with answers, will be
emailed to bidders in the form of an addendum. Bids from agencies that do not participate in the mandatory
pre -bid telephone conference will not be accepted.
Bids duly submitted will be publicly opened and read aloud at the date and time specified above in City Hall.
The City reserves the right to reject any and all bids, or to accept any bid or portion thereof deemed to be in the
best interest of the City, and to waive any non -substantial irregularities. The winning bid will be the lowest
responsible and responsive bidder.
TABLE OF CONTENTS
1.
Notice of Invitation to Bid................................................................................................................................1
2.
Table of Contents.............................................................................................................................................2
3.
Check List.........................................................................................................................................................3
4.
Instruction For Bidders....................................................................................................................................4
5.
Drug Free Work Place Form............................................................................................................................9
6.
Public Entity Crime Form..............................................................................................................................10
7.
Bidder Qualification Questionnaire................................................................................................................13
8.
Price Proposal Sheet......................................................................................................................................15
9.
Bid Bond Form...............................................................................................................................................16
10.
Construction Services Agreement.................................................................................................................19
11.
Technical Specifications.........................................................................................................55
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L-MOF
SE.STIAN
HOME OF PELICAN ISLAND
IMPORTANT NOTICE
Check List For
All Required Documents
To Be Included In
Bid No. 17-11
Executed Form
Submitted
City Staff
Confirmation
1) Signed Bid Proposal Form
2) Proof of Contractor's Lice
3) Signed Drug Free Workplace Form
4) Signed Public Entity Crime Form
5) Bid Bond, if required
6) Signed Construction Services Agreement
7) Addendum(s) signed, if applicable.
The submittal Dacka2e should be in order of this checklist.
Anv bids received NOT described as above in items 1-7 will be considered incomulete and
the bid will be disqualified.
Signed: Date:
CITY OF SEBASTIAN
INSTRUCTIONS FOR BIDDERS
1. PRE -BID CONFERENCE
A mandatory pre -bid conference will be held at the City of Sebastian City Hall, 1225 Main Street, Sebastian, Florida 32958
at the time and date specified in the Notice of Invitation to Bid. All prospective bidders are encouraged to email the contact
on any questions.
2. REOUIRED COPIES & ONE ORIGINAL
One signed original and two (2) sets of bids shall be submitted on the signed 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 comer) the name of the Bid, and the date and time of
opening. The envelope shall also show the name and address of the Bidder. The Bid shall be submitted as stipulated in the
Notice of Invitation to Bid.
4. BIDS NOT CONSIDERED
Bids not considered are Late Bids, telegraphed, emailed or faxed Bids and bids which do not conform to the
instructions contained in the Notice of Invitation to Bid. Bids may be withdrawn by fax or telegraph provided that
such notices are received prior to the date and time specified in the Invitation.
5. BID OPENING
Bidders are welcome to attend the bid opening; however, attendance is not mandatory. Opening of the Bids will
commence at the date and time specified in the Notice of Invitation to Bid, and publicly read aloud, providing one
or more Bidders are in attendance. The Purchasing Agent or his designee shall be present at all Bid openings.
6. BID EXAMINATION
Bid summary sheet 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. BIDDER OUALIFICATION OUESTIONNAIRE
Responsive and Responsible Bidders shall include the completed Bidder Qualification Questionnaire with the submitted bid
proposal. The submitted Bidder Qualification Questionnaire will be reviewed by the City, if the bidder is the lowest bidder
for this project.
9. ACCEPTABLE BIDS
Bid proposals shall be typewritten or filled in with ink. Any erasures or corrections must be initialed by the Bidder in ink.
10. NEW 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.
11. SALES TAX
Although the City of Sebastian is exempt from Federal and State Sales and Use taxes, Contractors or Vendors
doing business with the City are not exempted from paying said taxes to their supplier for goods or services
purchased to fulfill the contractual obligations with the City, nor shall any Contractor or Vendor be authorized to
use the City's Tax Exemption Number in securing such materials.
12. CONFLICT OF INTEREST
Contract Award is subject to provisions of State Statutes and City Ordinances. All Bidders must disclose with their bid the
name of any officer, director, or agent who is also an employee of the City of Sebastian; farther, all Bidders must disclose the
name of any City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Bidder's firm or
any of its branches.
Should the successful Bidder permanently or temporarily hire any City employee who is, or has been, directly involved with
the Bidder prior to or during performance of the resulting contract, the Agreement shall be subject to immediate termination
by the City.
13. LICENSING. CERTIFICATION, AND/OR REGISTRATION
Contractors must show their current occupational license, as well as any licenses required by Chapter 489, F.S.,
Section 62C-20 (F.A.C.), and/or by the US EPA, FL DEP or the FL Department of Agriculture and Community
Affairs. All licenses shall be up to date.
Contractors must show their current Contractors license. Prior to start of work, if the Bidder is a State Certified General
Contractor, the Bidder must be registered with the City of Sebastian; if the Bidder is a State Registered General Contractor,
then the Bidder must hold a Competency Card with the City.
In any event, the Contractor shall contact the Administrative Assistant at the Building Department 772-589-5537 and insure
compliance with all City ordinances, rules and regulations, including Building Permits if required. Lack of knowledge by the
Bidder shall in no way be a cause for relief from responsibility. Failure to comply with the above may result in the rejection
of the Bid.
One Original and two (2) copies of any license or certification as required shall be submitted with the bidding
documents.
A certificate or letter showing compliance with the City's Contract Licensing requirements must be obtained from
the City's Building Department, and is required on this project prior to execution of a contract, and shall be
submitted to the Purchasing & Contract Administrator with any payment/performance bonds which may be
required. In essence, this authorizes you to perform work in the City of Sebastian. Any Sub-Contractor(s) must
also be certified.
14. CORRECTIONS. CANCELLATION, & WITHDRAWAL
A. Bidders may be asked to provide further information after bid opening to determine the responsibility of the
vendor.
B. Waiver of Technicality: Information shall not be considered after the bid opening if it has been specifically requested to
be provided with the bid and becomes a matter of responsiveness. The bid shall be considered responsive if it
substantially conforms to the requirements of the 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.
15. AVAILABILITY OF FUNDS
The obligations of the City of Sebastian under this award are subject to the availability of funds lawfully appropriated for
its purpose by the City Council of the City of Sebastian.
16. PUBLIC ENTITY CRIMES
Any person or firm submitting a bid in response to this invitation must execute the attached SWORN STATEMENT
UNDER SECTION 287.133, FLORIDA STATUTES, PUBLIC ENTITY CRIMES, including proper check(s) in the
space(s) provided, and enclose it with said bid.
17. DRUG -FREE WORKPLACE
The Drug -Free Workplace form, as attached hereto, shall be submitted with the bidding documents.
18. BID GUARANTEE
The Bidder wan -ants 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.
19. BID BOND (Required)
A Bid Bond equal to five percent (5%) of the bid amount shall be required on this project, and must be submitted along
with one original and two (2) copies of the Bid, failure to do so will automatically disqualify the Bid. Unsuccessful
bidders shall be entitled to a return of surety after final award of bid. A successful bidder shall forfeit the amount of its
security upon failure on his part to execute an agreement within ten (10) days after receipt of a proposed agreement from
the City unless the time for executing the agreement is extended by the City.
20. PAYMENT AND PERFORMANCE BONDS (Required)
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 bond(s) shall be provided by a surety company authorized to do business in the State of Florida, and approved by the
City. In lieu of a bond(s) the contractor may furnish as security in favor of the City a certified check, a casher check or an
irrevocable letter of credit. The check or letter of credit shall be drawn on or issued by a bank authorized to do business in
the State of Florida. The form of the check or letter of credit must be approved by the City.
Attorneys -in -fact who sign Bonds must file with each bond a certified and effective dated copy of their Power - of
Attorney. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as
amended), and be authorized to transact business in the State of Florida.
21. LIOUIDATED DAMAGES
The City shall be entitled to liquidated damages in the amount of three hundred Dollars ($300.00) per day for every
day that the Contractor is late in completing the work requirements for each Phase as stipulated in the agreement,
and bidding documents. Said damages shall be deducted by the City from monies due Contractor.
22. INSURANCE
All bidders shall submit evidence of insurance as follows; Auto Liability, Workers Compensation, and General Liability.
Cost for all insurance shall be born by the bidder. All insurance shall be acceptable to the City in its sole discretion.
23. BID AWARD
The contract/agreement will be awarded to the lowest responsive and responsible Bidder whose bid, conforming to the
specifications and Instructions for Bidders will be most advantageous to the City in consideration of price, time of
performance, and other factors as determined by the City. The Purchasing Agent shall issue a notice of award, if any, to
successful bidders.
24. REJECTION OF BIDS
The City reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or
changes in the work, and to negotiate contract terms with the successful Bidder, and the right to disregard all non-
conforming, non -responsive, imbalanced, or conditional Bids. More than one Bid from an individual, firm or association
under same or different names, will not be considered. Any or all Bids will be rejected if there is reason to believe that
collusion exists among the Bidders, and no participants in such collusion will be considered in future proposals for the
same work.
25. REFERENCES
A list of References is required, but is not required to be submitted with the Bid proposal. A list of References must be
included with at least three references of similar type of work.
26. LIST OF SUB -CONTRACTORS
A list of Sub -Contractors is required, but is not required to be submitted with the Bid proposal. However, all Sub -
Contractors must be approved by the City, prior to any Contract Award.
27. CO-OPERATIVE PURCHASING
It is the intent of the Notice of Invitation to Bid to secure goods or services to be used by the City of Sebastian. However,
by virtue of bidding, the Bidder accepts the right of other Government 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.
28. DISCRIMINATION
The Bidder/Contractor shall not practice or condone personnel or supplier discrimination of any nature whatsoever, in any
manner proscribed by Federal or State of Florida laws and regulations.
29. PURCHASING CARD PROGRAM
The City of Sebastian has implemented a purchasing card program through Bank of America, using the Visa network.
Vendors may receive payment through the purchasing card program for goods and services provided to the City in the
same manner as other Visa purchases. Accordingly, Vendors that wish to accept payments in this manner must indicate
that they have the ability to accept Visa or those they will take whatever steps are necessary to accept Visa before the start
of the contract. The City of Sebastian reserves the right to revise and/or cancel this program at any time, and assumes no
liability for such action.
30. PUBLIC RECORDS
Florida law provides that municipal records shall at all times be open for personal inspection by any person.
Section 119.01 F.S., The Public Records Law. Information and materials received by the City in connection
with all Bidder's responses shall be deemed to be public records subject to public inspection upon award,
recommendation for award, or 10 days after the bid opening, whichever occurs first. However, certain
Itl
exemptions to the public records law are statutorily provided for in Section 119.07, F.S. Therefore, if
the Bidder believes any of the information contained in his or her response is exempt from the Public Records
Law, and then the Bidder must in his or her response specifically identify the material which is deemed to be
exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as
public records.
8
DRUG -FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that
does:
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining
a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and
the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the
commodities or contractual services that the employee will abide by the terms of the statement and will
notify the employer of any conviction 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.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug free workplace through implementation of
Paragraph 1 through 5.
Date:
a. As the person authorized to sign this statement, I certify that this firm complies fully with the
above requirements.
Signature
0
PUBLIC ENTITY CRIMES FORM
Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must
execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC
ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or
proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship
commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of
the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will
not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every
detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or
proposal.
The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes,
effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General
Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons
and affiliates who are disqualified from public and purchasing process because they have been found guilty of a
public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of
any State or Federal law by a person with respect to and directly related to the transaction of business with any
public entity in Florida or with an agency or political subdivision of any other state or with the United States,
including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or
with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
By law no public entity shall accept any bid from, award any Agreement to, or transact any business in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently
$10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that
person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from
the list pursuant to Section 287.133(3)(f), Florida Statutes.
Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or
purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF
SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing
Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly
signed in the presence of a notary public or other officer authorized to administer oaths and properly executed.
THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED
CONCURRENTLY WITH YOUR OUOTE OR BID DOCUMENTS. NON -INCLUSION OF THIS
DOCUMENT MAY NECESSITATE REJECTION OF YOUR OUOTE OR BID.
to
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Agreement No. for THE
CITY OF SEBASTIAN.
2. This sworn statement is submitted by
(name of entity submitting sworn
statement) whose business address is
(if applicable) its Federal Employer Identification (FEIN) is
FEIN, include the Social Security Number of the
3. My name is
signing) and my relationship to the entity named above is
individual signing this
and
(If the entity has no
sworn statement:
(please print name of individual
4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means
a violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or with the United
States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989,
as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
(1) A predecessor or successor of a person convicted of a public entity crime; or
(2) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime.
The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members,
and agents who are active in the management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling of equipment or income among persons when
not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been convicted of a
public entity crime in Florida during the preceding 36 months shall be considered an affiliate.
7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter into a
binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by
a public entity, or which otherwise transacts or applies to transact business with a public entity. The term
11
"person" includes those officers, directors, executives, partners, shareholders, employees, members,
and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Please indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of
the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners,
shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the
entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please
indicate which additional statement applies.)
There has been a proceeding concerning the conviction before a hearing officer of the State of Florida,
Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or
affiliate on the convicted vendor 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:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day
, (title) on behalf of
(name of partnership), a partnership. He/she is personally known to
as identification and did ( ) did not ( ) take an oath.
Name:
My Commission Expires:
Commission Number:
of , 2017 by
me or has produced
12
BIDDER OUALIFICATION OUESTIONNAIRE
Submitted by
Name of Bidder
General Contractor's License #
An Individual
A Partnership
A Corporation
Federal Identification #
Principal Office Address:
(1) How many years has your organization been in business as a contractor under your present name?
(2) How many years experience inroad and utility construction work has your organization had as a contractor?
As a Subcontractor?
(3) List below the requested information concerning projects your organization has completed in the last five (5) years for the type of
work required in this project. (Use additional sheets if necessary). Include the type of work similar to the work included in this
contract if possible.
Proiect Contract Required Actual Name/Address/Tel
Title Amount Completion Date Completion Date Of Owner
(4) Have you ever failed to complete any work awarded to you? If so, where and why?
(5) Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete
a construction contract? If so, state name of individual, name of other organization, and reason therefore.
(6) Has any officer or partner of your organization ever failed to complete any construction contract handled in his own name'? If so,
state name of individual, name of owner and reason therefore.
13
(7) Give below any information which would indicate the size and capacity of your organization, including number of
employees, equipment owned by your organization, etc., which are available for utilization on this Contract.
(8) What is your bonding capacitv
(9) What amount of your bonding capacity has been used as of the date of this bid?
(10) How many applications for performance and payment bonds have you made in the last three (3) years?
(11) How many of these applications were not approved
(12) Have any claims been filed against your surety bond company in the last five (5) years? If so, describe the nature of the claims
and give the names of the surety companies, dates of each claim, identifying numbers of each claim, amounts of each claim, and the
status of each claim. (Use additional sheets if necessary.)
(13) Have your company been in disputes or litigations in the last five (5) years over construction projects which are completed or
still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone,
and amount of disputes or litigations. (Use additional sheets if necessary.)
I, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of the date hereinafter set
forth, and that those examining this document have my permission to contact any or all of those parties listed in this
questionnaire. Incorrect or misleading statements in this questionnaire shall be grounds for a determination of
nonresponsibility with respect to such contractor.
(SIGNATURE OF BIDDER)
(TYPE OR PRINT COMPANY NAME)
(TYPE OR PRINT ADDRESS
14
AUTOMATED WEATHER OBSERVATION SYSTEM
SPEC HI-T
Bid Due: No Later Than 2:00 P.M. on Mav 22.2017
Bid Oaening: Beginning at 2:00 P.M. on Mav 22.2017
BID PROPOSAL PRICE FORM
The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein and having
attended a telephone Pre -Bid Conference / Meeting, hereby proposes to perform everything required to be performed in
strict conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for
the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda which may have been issued prior to this
submittal. By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding,
agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in
all respects fair and without collusion or fraud. If awarded any work under this bid proposal, the Vendor agrees to enter
into said agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and
conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm
for sixty (60) days following bid opening date.
The City shall be entitled to liquidated damages in the amount of three hundred Dollars ($300.00) per day for every day
that the Contractor is late in completing the work as stipulated in the agreement, and bidding documents. Said damages
shall be deducted by the City from monies due Contractor.
The contract time is 180 consecutive calendar days from start of work date. The Bid Items on the Project will be
authorized for construction at the discretion of the City of Sebastian.
FAA Certified AWOS III-T System
1. Equipment per specifications doc
2. FCC Frequency Application(s)
3. Complete Installation
4. Final testing and certification
5. Satisfactory Completion of 7460-1
»»»All Inclusive Price
Name of Firm (Please Type or Print):
Finn's Address:
Telephone Number(s):
Quantity Units
1 LS
_2_ LS
1 _LS_
_1_ LS
1 LS
Total Bid $
Fax Number(s):
Email Address (es):
Name and Title of Authorized Representative (Please Type or Print)
Signature of Authorized Representative Date Signed
15
KNOWN ALL MEN BY THESE PRESENTS, that
As Principal, and as Surety, are held and
firmly bound unto the City of Sebastian, in the penal sum of
(Dollars) $ ,, lawful money of the
United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the
accompanying bid dated , for:
NOW THEREFORE,
(a) The Principal shall not withdraw said bid within ninety (90) days after date of opening the same and
shall within twenty (20) days after the prescribed forms are presented to him for signature, enter into a written
contract with the City, in accordance with the proposal as accepted, and give bond with good and sufficient
surety of sureties, as required, for the faithful performance and proper fulfillment of such contract; and,
(b) In the event of the withdrawal of said bid within the period specified, or the failure to enter into such
contract and give bond within the time specified, if the principal shall pay the City the difference between the
amount specified in said bid and the amount for which the city may procure the required work and supplies, if
the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise
to remain in full force and virtue.
IN WITNESS WHEREOF, the above -bounded parties have executed this instnunent under their
several seals, this day of
The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative. Pursuant to authority of its governing body.
WITNESS:
If Sole Ownership or Partner ship, one PRINCIPAL:
(1) Witness is required. If Corporation,
Secretary only will attest & affix seal.)
Name of Firm
Affix Seal
(Signature of Authorized Officer)
(Business Address)
16
(City) (State) (zip)
SURETY:
(Corporate Surety)
Affix Seal
Surety Secretary (Signature of Authorized Officer)
(Title)
(Business Address)
(City) (State) (zip)
(Name of Local Insurance Agency)
(Address)
The rate of premium of this bond is
per thousand.
Total amount of premium charges
(The above must be filled in by Corporate Surety.)
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the
Corporation named as Principal in the within bond, that
who signed the said bond on behalf of
the principal, was then
of said corporation; that I know his
signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested fro and
on behalf of said corporation of its governing body.
(Corporate Seal)
State of Florida
County of Indian River
City of Sebastian
Before me, a Notary Public duly commissioned, qualified and acting, personally appeared;
to me well known, who being by me first duly
17
sworn upon oath, says that he is the attorney in fact for the
, and that he has been authorized by Contractor named therein
favor of the City of Sebastian, Florida.
Subscribed and sworn to before me this day of
Notary Public
My Commission Expires
18
CONSTRUCTION SERVICES AGREEMENT
ARTICLE I - The Contractual Relationship
1.0 EMPLOYMENT OF CONTRACTOR
2.0 AGREEMENT DOCUMENTS.
2.1 INTENT
2.2 ENTIRE AND SOLE AGREEMENT
2.3 AMENDMENTS
2.4 CONSTRUING TERMS
2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY
2.6 TERM
3.0 DEFINITION OF TERMS
3.1 GENERAL
3.2 ACT OF GOD
3.3 ADDENDUM
3.4 AGREEMENT
3.5 A.S.T.M. DESIGNATION
3.6 BID
3.7 BID BOND or PROPOSAL GUARANTEE:
3.8 BIDDER
3.9 CHANGE ORDER
3.10 CONTRACT ADDENDUM
3.11 CONTRACTOR
3.12 DIRECTED, ORDERED, APPROVED & ETC.
3.13 ENGINEER
3.14 GENERAL CONDITIONS
3.15 INSPECTOR
3.16 LABORATORY
3.17 OWNER
3.18 PERFORMANCE AND PAYMENT BONDS:
3.19 PLANS
3.20 PROPOSAL
3.21 SPECIAL CONDITIONS
3.22 SPECIFICATIONS
3.23 SUBCONTRACTOR
3.24 SUPPLEMENTAL AGREEMENT
3.25 SURETY
3.26 WORK
3.27 WORK ORDER
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ARTICLE II - Performance
4.0 PLANS, SPECIFICATIONS AND RELATED DATA
4.1
INTENT OF PLANS AND SPECIFICATIONS
4.2
CONFLICT
4.3
DISCREPANCIES IN PLANS
4.4
DRAWINGS AND SPECIFICATIONS AT JOB SITE
4.5
DIMENSIONS
4.6
SAMPLING AND TESTING
4.7
SHOP DRAWINGS
4.8
QUALITY OF EQUIPMENT AND MATERIALS
4.9
EQUIPMENT APPROVAL DATA
4.10
SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL
5.0 MATERIALS AND WORKMANSHIP
5.1
MATERIALS FURNISHED BY THE CONTRACTOR
5.2 STORAGE OF MATERIALS
5.3 REJECTED WORK AND MATERIAL
5.4 MANUFACTURER'S DIRECTION
5.5 SKILL AND CHARACTER OF WORKMEN
5.6 CUTTING AND PATCHING
5.7 CLEANING UP
5.8 CITY'S OWNERSHIP OF MATERIALS
5.9 GUARANTEE
6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR
6.1 PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS
6.2 CONTROL POINTS FURNISHED BY THE CITY
6.3 FURNISHING OF STAKE MATERIALS
6.4 LAYOUT OF WORK
6.5 SPECIFIC STAKING REQUIREMENTS
6.6 PAYMENT
6.7 COORDINATION WITH CITY
6.8 LOCATION OF EXISTING UTILITIES AND PIPING
7.0 PROGRESS AND COMPLETION OF WORK
7.1 CONTRACTOR'S OBLIGATIONS
7.2 START OF CONSTRUCTION
7.3 CONTRACT TIME
7.4 SCHEDULE OF COMPLETION
7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE
7.6 PROPERTY OF OTHERS
A. Public Ownership
B. Private Ownership
7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES
7.8 CROSSING PUBLIC FACILITIES
7.9 CHANGES IN THE WORK
7.10 EXTENSION OF CONTRACT TIME
7.11 CORRECTION OF WORK
7.12 LIQUIDATED DAMAGES
8.0 PUBLIC HEALTH AND SAFETY
8.1 PROTECTION OF PERSONS AND PROPERTY
A. Safety Precautions and Programs
20
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
21
ARTICLE III - Supervision and Administration
9.0 ENGINEER, CITY, CONTRACTOR RELATIONS
9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY
9.2 ENGINEER'S DECISION
9.3 SUSPENSION OF WORK
9.4 CONSTRUCTION REVIEW OF WORK
9.5 FIELD TESTS AND PRELIMINARY OPERATION
9.6 EXAMINATION OF COMPLETED WORK
9.7 CONTRACTOR'S SUPERINTENDENT
9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES
9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK
9.10 RIGHTS OF VARIOUS INTERESTS
9.11 SEPARATE CONTRACTS
9.12 SUBCONTRACTS AND PURCHASE ORDERS
9.13 WORK DURING AN EMERGENCY
9.14 ORAL AGREEMENTS
9.15 NIGHT, SATURDAY AND/OR SUNDAY WORK
9.16 UNAUTHORIZED WORK
9.17 USE OF COMPLETED PORTIONS OF THE WORK
9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK
10.0 MEASUREMENT AND PAYMENT
10.1 DETAILED BREAKDOWN OF CONTRACT
10.2 REQUEST FOR PAYMENT
10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT
10.4 CITY'S RIGHT TO WITHHOLD PAYMENT
10.5 PAYMENT FOR UNCORRECTED WORK
10.6 PAYMENT FOR REJECTED WORK AND MATERIALS
10.7 CHANGES IN THE WORK
A. Change Orders
B. Claims
10.8 CANCELED ITEMS OF WORK
10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY
10.10 PAYMENT FOR WORK BY THE CITY
10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION
A. Termination by City for Cause
B. Termination by City Without Cause
10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY
10.13 RELEASE OF CLAIMS (INTERIM/FINAL)
10.14 ACCEPTANCE AND FINAL PAYMENT
10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT
11.0 PUBLIC CONTRACT REQUIREMENTS
11.1 COVENANT AGAINST CONTINGENT FEES
11.2 INTEREST OF MEMBERS OF CITY AND OTHERS
11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING
11.4
INTEREST OF CONTRACTOR
11.5
PUBLIC ENTITY CRIMES
11.6
DRUG -FREE WORKPLACE
11.7
COMPLIANCE WITH LAWS
11.8
INSURANCE
11.9
BOND
11.10 PERMITS
22
11.11 LAWS TO BE OBSERVED
11.11.1 GENERAL INDEMNIFICATION
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
12.7 PUBLIC RECORDS FORM
23
CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this day of , 2017, by and between the CITY OF
SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida,
329H, and ("City") and ("Contractor.") authorized to do business in the State of Florida.
WHEREAS, the City desires to engage a Florida licensed contractor who has special and unique
competence and experience in providing construction services necessary to complete the Project
hereunder; and,
WHEREAS, the Contractor represents that it has such competence and experience in providing
these services; and,
WHEREAS, the City in reliance on such representation has selected the Contractor in accordance
with its procedure for selection of Contractor; and,
WHEREAS, the City and the Contractor desire to reduce to writing their understanding and
agreements on such professional services.
IT IS, THEREFORE, AGREED as follows:
ARTICLE I - The Contractual Relationship
1.0 EMPLOYMENT OF CONTRACTOR
The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform
professional services for the City in accordance with this Agreement to provide and install an Automated
Weather Observing System (AWOS) at the Sebastian Municipal Airport. 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), Notice of Invitation to Bid, Instructions for Bidders, Bid Proposal, Bond
Forms , Bid Plans. Snecifications and Scone of Work, Work Orders, Change Orders, Addenda if any, any
other documents listed in the Agreement Documents, and written modifications issued after execution of
this Agreement, if any.
2.1 INTENT
The Plans and Specifications are an integrated part of the Contract Documents and as such will not stand
alone if used independently. The Plans and Specifications establish minimum standards of quality for this
Project. They do not purport to cover all details entering into the design and construction of materials or
equipment. The intent of the Agreement Documents is to set forth requirements of performance, type of
equipment and structures, and standards of materials and construction. It is also intended to include all
labor and materials, equipment, and transportation necessary for the proper execution of the Work, to
require new material and equipment unless otherwise indicated, and to require complete performance of
the Work in spite of omission of specific reference to any minor component part and to include all items
necessary for the proper execution and completion of the Work by the Contractor. Performance by the
24
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
t2wel"N 7\/
Whenever the following terms appear in these Agreement Documents, their intent and meaning shall,
unless specifically stated otherwise, be interpreted as shown.
3.2 ACT OF GOD
The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tomado 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 specifications 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
25
A written agreement is between the Contractor and the City of Sebastian defining in detail the work to be
performed. The words Agreement and Contract are one and the same.
3.5 A.S.T.M. DESIGNATION
Wherever the letters "A.S.T.M." are used in the Specifications, it shall be understood as referring to the
American Society for Testing Materials. When reference is made to a certain Designated Number of a
specification or test as set out or given by the American Society for Testing Materials, it shall be
understood to mean the current, up-to-date standard specification or tentative specification for that
particular process, material or test as currently published by that group.
3.6 BID
The bid or proposal is the written offer of a Bidder to perform work described by the contract documents
when made out and submitted on the prescribed proposal form properly sealed and guaranteed. The bid or
proposal shall be considered as part of the Contract Documents.
iw�-t0160Wonatli)01f.111W40 M.11 140
Bidder is required to 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 covering changes in the plans, specifications, or
scope of work when the amount of work changed is not deemed sufficient to require a supplemental
agreement, and/or to cover adjustments in the Contract Price or Contract Time.
3.10 CONTRACT ADDENDUM
A special written provision modifying or clarifying the terms and conditions of the Contract known as
Addendum shall be considered as part of the contract documents.
3.11 CONTRACTOR
The word "Contractor" shall mean an individual, partnership, or corporation, and its heirs, executors,
administrators, successors and assigns, or the lawful agent of any such individual, firm, partnership,
covenant or corporation, or its surety under any contract bond, constituting one of the principals to the
Contract and undertaking to perform the work herein.
3.12 DIRECTED. ORDERED. APPROVED & ETC.
Wherever in the Agreement Document the words "directed", 'ordered", "approved', "permitted",
"acceptable", or words of similar import are used, it shall be understood that the direction, order, approval
or acceptance of the Owner is intended unless otherwise stated.
26
3.13 ENGINEER
A Professional Engineer duly licensed and registered in the State of Florida and designated by the City as
the Engineer -of -Record. The City may designate a staff member as Engineer who is not licensed.
3.14 GENERAL CONDITIONS
The directions, provisions and requirements contained within the Agreement Documents, all describing
the general manner of performing the Work including detailed technical requirements relative to labor,
material equipment, and methods by which the Work is to be performed and prescribing the relationship
between the City and the Contractor.
3.15 INSPECTOR
A duly authorized representative of the City assigned to make official inspections of the materials
furnished and of the work performed by the Contractor.
3.16 LABORATORY
A licensed and qualified independent laboratory designated by, or acceptable by the City to perform the
necessary testing of materials for the construction. All testing will be the responsibility of the contractor
to hire a licensed testing firm to conduct any testing which is included in the price of various bid items.
3.17 OWNER
City of Sebastian
3.18 PERFORMANCE AND PAYMENT BONDS
Contractor is required to submit bonds in the form prescribed by State Law, and generally as shown on
sample forms herein, for Performance and Payment.
3.19 PLANS
The official approved engineering plans, including reproduction thereof, showing the location, character,
dimensions and details of the work to be done. Design plans of the site work and the building
construction are attached with this bid submittal. All shop drawings submitted by the Contractor shall be
considered as part of the contract documents.
3.20 PROPOSAL
The proposal or bid is the written offer of a Bidder to perform the work described by the Contract
Documents when made out and submitted on the prescribed proposal form, properly signed and
guaranteed. The proposal or bid shall be considered as part of the contract documents.
3.21 SPECIAL CONDITIONS
Special clauses or provisions, supplemental to the Standard Specifications and other contract documents,
setting forth conditions varying from or additional to the Standard Specifications for a specific project.
3.22 SPECIFICATIONS
27
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 Specifications, and all actions necessary to construct the
same.
3.27 WORK ORDER
Work orders are work instructions including specifications and plans that show the location, character,
dimensions and details to the work to be done. Work orders are specific instructions, of limited scope,
that will be a part of this contract. Work orders shall be considered as part of the contract documents.
Any Work Orders considered to be Change Orders of any kind shall be in writing and address, at a
minimum, any changes in the scope of work and the related impact on Contract Price / Cost and Time /
Schedule.
3.28 PERMITS
The work will require the contractor to obtain the necessary permits from the City's Building Department.
This may include any additional survey and or geotechnical and structural information and all pemutting
fees will be the responsibility of the contractor to pay these application fees. Any topographic survey and
geotechnical will be the responsibility of the contractor to hire a licensed testing firm to conduct any
testing which is included in the price of various bid items.
ARTICLE II - Performance
4.0 SPECIFICATIONS AND RELATED DATA
4.1 INTENT OF THE SPECIFICATIONS
The intent of the Specifications, Work Orders and other Contract Documents is that the Contractor
furnishes all labor and materials, equipment, supervision and transportation necessary for the proper
28
execution of the Work unless specifically noted otherwise. The Contractor shall do all the work
described in the Specifications and other Contract Documents and all incidental work considered
necessary to substantially complete the Work ready for use, occupancy, or operation in a manner
acceptable to the City.
4.2 CONFLICT
In the event of any inconsistency, discrepancy or conflict between the Agreement, Plans and
Specifications, and other Contract Documents, the Agreement shall prevail and govern over all except a
subsequently executed Contract Addendum; in the event of an inconsistency, discrepancy or conflict
between documents, the Specifications shall prevail and govern.
4.3 DISCREPANCIES IN PLANS
Any discrepancies found between the Plans, Specifications and site conditions, or any errors or omissions
in the Plans and Specifications, shall be immediately reported to the Engineer and City. The City
Engineer shall promptly determine the validity and seriousness of the claimed condition and correct any
such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after
his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk.
Any correction or errors or omissions in the Plans and Specifications may be made by the Engineer when
such correction is necessary for the proper fulfillment of their intention as construed by the City Engineer.
Where said correction of errors or omissions, except as provided in the next two (2) paragraphs below,
adds to the amount of work to be done by the Contractor, compensation for said additional work shall be
made under the Paragraph 10.7 CHANGES IN THE WORK below, except where the additional work may
be classed under some item of work for which a unit price is included in the proposal.
All work indicated in the Plans and Specifications and all work and material usual and necessary to make
the Work complete in all its parts, whether or not they are mentioned in the Plans and Specifications, shall
be furnished and executed the same as if they were called for in the Plans and Specifications. The
Contractor will not be allowed to take advantage of any errors or omissions in the technical provisions of
the Plans and Specifications. The Engineer will provide full information when errors or omissions are
discovered.
4.4 PLANS AND SPECIFICATIONS AT JOB SITE
One (1) complete set of the 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 (See attached Dlans)
Dimensions and project limits will be field measured in advance of the bid submittal to verify any
inconsistent dimensions or information from the design plans. Where the work of the Contractor is
affected by finished dimensions shown on the plans, 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. All sampling and testing shall be the contractor
responsibility and the price for the sampling and testing are included in various bid items.
29
The testing of samples and materials shall be made at the expense of the Contractor, except where
indicated otherwise. The Contractor shall furnish any required samples without charge. The Contractor
shall be given sufficient notification of the placing of orders for materials to permit testing. As an
exception to the above, when the Contractor represents a material or an item of work as meeting
Specifications and under recognized test procedures it fails, any re -testing shall be at the Contractor's
expense, billed at the Testing Laboratory's standard rate for individual tests.
It is expected that all inspections and testing of materials and equipment will be done locally. If the
Contractor desires that inspections for tests be made outside of the local area, all expenses, including per
diem for the Engineer or Inspectors, shall be bome by the Contractor.
4.7 SHOP DRAWINGS (Reouired)
The Contractor shall provide shop drawings, setting schedules, and other drawings as may be necessary
for the prosecution of the Work in the shop and in the field as required by the Specifications or Engineer's
instructions. Deviations from the 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) Seven (7) copies shall be submitted to the City at least thirty (30) days before the materials
indicated thereon are to be needed or earlier if required to prevent delay of work or to comply with
subparagraph (b).
(b) The City shall, within fourteen (14) days of the submittal of any shop drawings, return three (3)
copies to the Contractor marked with any corrections and changes required and noting if the drawings are
acceptable as noted, or if resubmittal is required.
(c) The Contractor shall then correct the shop drawings to conform to the corrections and changes requested
by the City and resubmit six (6) copies to the City.
(d) Three (3) copies of Approved Shop Drawings shall be returned to the Contractor by the City.
4.8 OUALITY 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 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.
30
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 the
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 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 Specifications, and to make all changes in the Work required by the different
arrangement of connections at his own expense.
4.10 SUBSTITUTION OF EOUIPMENT AND/OR MATERIAL
After the execution of the Contract Agreement, the substitution of equipment and/or material for that
specified will be considered if:
(a) The equipment and/or materials proposed for substitution is determined by the City to be equal or
superior to that specified in the Contract;
(b) Unless determined to be of superior quality, the equipment and/or material proposed for substitution is
less expensive than that specified and that such savings to the City, as proposed by the Contractor, are
submitted with the request for substitution. If the substitution is approved, the Contract price shall be
reduced accordingly; and
(c) The equipment and/or material proposed for substitution is readily available and its delivery and use, if
approved as a substitution, will not delay the scheduled start and completion of the specified work for
which it is intended or the scheduled completion of the entire work to be completed under the contract.
No request will be considered unless submitted in writing to the City and approval by the City must also
be in writing. To receive consideration, requests for substitutions must be accompanied by documentary
proof of the actual difference in cost to the Contractor in the form of quotations to the contractor covering
the original equipment and/or material, and also equipment and/or material proposed for substitution or
other proof satisfactory to the City. It is the intention that the City shall receive the full benefit of the
saving in cost involved in any substitution unless the item is substituted for one designated in the
Specifications by specific manufacturer's name and type, in which case one-third of the savings shall
accrue to the benefit of the Contractor.
In all cases, the burden of proving adequate proof that the equipment and/or material offered for
substitution is equal or superior in construction and/or efficiency to that named in the Contract shall rest
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on the Contractor and the proof will be submitted to the City. Request for substitution of equipment
and/or material which the Contractor cannot prove to the satisfaction of the City, at its sole discretion and
judgment, to be equal or superior in construction and/or efficiency to that named in the Contract will not
be approved.
5.0 MATERIALS AND WORKMANSHIP
5.1 MATERIALS FURNISHED BY THE CONTRACTOR
All materials and equipment used in the Work shall meet the requirements of the respective
Specifications, and shall not be used until it has been approved in writing by the City. Wherever the
specifications call for an item of material or equipment by a manufacturer's name and type, and additional
features of the item are specifically required by the specifications, the additional features specified shall
be provided whether or not they are normally included in the standard manufacturer's item listed.
Wherever the specifications call for an item of material or equipment by a manufacturer's name and type,
and the specified item becomes obsolete and is no longer available, the Contractor shall provide a
substitute item of equal or superior quality and performance which is acceptable to the Engineer and City
and is currently available, at no increase in Contract price.
5.2 STORAGE OF MATERIALS
Materials and equipment shall be stored so as to incur the preservation of their quality and fitness for the
Work. When considered necessary, they shall be placed on wooden platforms or other hard clean
surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment
shall be located so as to facilitate prompt inspection. Private property zoned for or adjacent to land zoned
for residential uses shall not be utilized for storage purposes without special prior arrangement.
5.3 REJECTED WORK AND MATERIAL
Any materials, equipment or work which does not satisfactorily meet the Specifications may be
condemned by the Engineer or City by giving a written notice to the Contractor. All condemned
materials, equipment or work shall be promptly taken out and replaced.
All materials and equipment which do not conform to the requirements of the Contract Documents, are
not equal or superior to samples approved by the Engineer and City, or are in any way unsatisfactory or
unsuited to the purpose, for which they are intended, shall be rejected. Any defective work whether the
result of poor workmanship, use of defective materials, damaged through carelessness or from other cause
shall be removed within ten (10) days after written notice is given by the City, and the work shall be re -
executed by the Contractor. The fact that the Engineer or the City may have previously overlooked such
defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove
rejected work or materials within ten (10) days after written notice to do so, the City may remove them
and may store the materials and equipment. Satisfaction of warranty work after final payment shall be in
accordance with Paragraph 10.15.
5.4 MANUFACTURE&LDIRECTION
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 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
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Work. Contractor shall restore all such cut or patched work as directed by the Engineer or the City.
Cutting of existing structures that could endanger the Work, adjacent property, workmen or the public
shall not be done unless approved by the Engineer and under Engineer's surveillance.
5.6 CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish
caused by its employees or work. At the completion of the Work, contractor shall remove all rubbish,
tools, scaffolding and surplus materials and shall leave the Work "broom clean" or its equivalent, unless
more exactly specified, and shall insure that all debris and other unsightly objects are removed and
disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to
their original conditions or better, as nearly as practicable, those portions of the site not designated for
alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the
prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed
The Work will be considered complete only after all debris and unused material due to or connected with
the Work have been removed and the surrounding area left in a condition satisfactory to the City. In the
event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after
twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site
cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be
deducted from moneys due the Contractor.
5.7 CITY'S OWNERSHIP OF MATERIALS
Any and all materials, whether structural or natural, found within the limits of the project remain the
property of the City unless City ownership is specifically conveyed to the Contractor. All material,
equipment and work become the sole property of the City as installed. These provisions shall not be
construed as relieving the Contractor from the sole responsibility for all materials and work for which
payments have been made, for the restoration of damaged work, or as a waiver of right of the City to
require the fulfillment of all the terms of the Contract.
5.8 GUARANTEE
The Contractor shall warrant all its material and equipment furnished and work performed for a period of
one (1) year from the date of final written acceptance of the Work by City.
Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and
material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to
the Engineer for review and acceptance prior to final payment.
Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach
of contract due to substandard materials or workmanship, nor shall such warranty period shorten the
statute of limitations for bringing a breach of contract or other action based upon any such deficiencies.
6.0 CONSTRUCTION STAHING TO BE PERFORMED BY CONTRACTOR
6.1 PERSONNEL. EOUIPMENT AND RECORD REOUIREMENTS
Adequate field notes and records shall be available
progresses and copies shall be available if necessary.
notes or layout work by the City and the acceptan
Contractor the responsibility to achieve the lines,
Specifications.
for review by the City and Engineer as the Work
Any inspection or checking of the Contractor's field
-e of all or any part thereof, shall not relieve the
grades and dimensions shown in the Plans and
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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 famished 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. The cost for
surveying and staking shall be included in the various bid items and no additional compensation.
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
Specifications. The Work shall include performing all calculations required and setting all stakes needed
such as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or
points necessary to provide lines and grades for construction of all contract items. Survey notes
indicating the information and measurements used in establishing locations and grades shall be kept in
notebooks and furnished to the Engineer with the records 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 grade per Specifications. For construction stakes and other control,
references shall be set at sufficiently frequent intervals to assure that all components of a structure are
constructed in accordance with the lines and grades. Any staking and surveying required to set the
building or prepare the site will be the responsibility of the contractor with no additional compensation.
6.6 PAYMENT
The cost of performing layout work as described above shall be included in the contract prices for the
various items of work to which it is incidental.
6.7 COORDINATION WITH CITY
The City's recorded subdivision plats shall be considered correct. The distance, bearing and curve
information provided shall be used by the Contractor's surveyor to establish alignment throughout
construction. All surveying activities will be coordinated with the City's surveyor as needed for proper
completion of all work on the site.
6.8 LOCATION OF EXISTING UTILITIES AND PIPING
All existing underground utilities, such as telephone, cable television and electrical cables must be located
by the Contractor prior to starting work. The Contractor shall contact the Utilities at least 48 hours prior
to commencing any work within the project area. There may be other utilities within the project area.
The cost of substantiating the location of utilities shall be bome by the Contractor and included in the bid
price. The Contractor shall be responsible for the repair and/or replacement of any damage caused to
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utilities by Contractor forces during the course of construction. Utilities deemed to require relocation
shall be identified by the Contractor prior to commencing work. The Contractor shall notice the City of
the conflict and seek direction from the City prior to proceeding with work. Directions from the City may
be to proceed despite conflict, place work order on hold and commence work at a different location, or
relocate utilities under separate contract with the utility or a change order to be directed by the City.
7.0 PROGRESS AND COMPLETION OF WORK
7.1 CONTRACTOR'S OBLIGATION
Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor
shall be solely responsible for and have control over construction means, methods, techniques, sequences
and procedures and for coordinating all portions of the Work under this Contract, unless the Contract
Documents give other specific instructions concerning these matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor,
materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation,
and other facilities and services necessary for the proper execution and completion of the Work, whether
temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless
otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes.
Contractor shall enforce strict discipline and good order among Contractor's employees and other persons
carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in
tasks assigned to them. Contractor currently holds and shall maintain at all times during the term of this
Contract all required federal, state and local licenses necessary to perform the Work required under the
Contract Documents.
Contractor shall be responsible to the City for the acts and omissions of Contractor's employees,
Subcontractors and their agents and employees, and other persons performing portions of the Work under
a contract with Contractor. Contractor shall indemnify, defend and hold City harmless from all claims
arising out of or related to its performance of the Work except for acts arising solely from the active
negligence of the City.
7.2 START OF CONSTRUCTION
The Contractor shall commence work on the date specified in the Notice to Proceed subsequently issued
by the City, or as specifically noted in any Contract Addendum. However, in no case shall the Contractor
commence work until the City has been furnished and acknowledges receipt of the Contractor's
Certificates of Insurance and a properly executed performance and payment bond as required.
7.3 CONTRACT TIME
The contractor shall complete, in an acceptable manner, all of the Work in the time stated in the Contract
Agreement and any Addenda or Change Orders thereto. The contract time is 180 consecutive calendar
days from start of work date.
7.4 SCHEDULE OF COMPLETION
The Contractor's schedules are subject to the approval of the City, which shall not be unreasonably
withheld, and shall reflect a logical sequence of the various components of work and the anticipated rates
of production necessary to complete the Work on or before the completion date. Said schedules shall be
submitted within ten (10) days of the execution of the agreement by the City except when requested
otherwise and shall be updated and resubmitted to the City on the twenty-fifth (25th) day of every month
with the Contractor's pay request.
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7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE
The Contractor shall coordinate its work with other contractors, the City, and utilities to assure orderly
and expeditious progress of work.
The City shall hold a pre -construction conference at Sebastian City Hall at a time and date mutually
agreed upon with the Contractor after the Contract has been awarded and fully executed.
7.6 PROPERTY OF OTHERS
A. Public Ownership
The Contractor shall be responsible for the preservation of all public property, trees, monuments, etc.,
along and adjacent to the street and/or right-of-way, and shall use every precaution necessary to prevent
damage or injury thereto. He shall use suitable precautions to prevent damage to pipes, conduits and other
underground structures, and shall protect carefully from disturbance or damage all monuments and
property marks until a land surveyor has witnessed or otherwise referenced their location and shall not
remove them until so directed by the Engineer in writing. The City shall remove and relocate all traffic
control signs as required.
B. Private Ownership
Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house numbers,
fences, etc. may be removed and relocated by the property owners. The City will not remove, relocate, or
re -install mail boxes, sprinkler systems, ornamental shrubs, etc. belonging to a private property owner.
However, should such items not be removed or relocated by the start of construction, the Contractor shall
remove the objects, in a manner which does not damage or injure the objects at no extra cost to the City,
which interfere with the construction of the Project and place them on the property owner's front lawn just
outside the project limits. Otherwise, the Contractor shall not enter upon private property for any purpose
without obtaining permission from the property Owner thereof. Where extensive intrusions upon private
property are required for construction, the City and Contractor shall cooperate to obtain Temporary
Construction Easements from the landowner.
7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES
All utilities and all structures of any nature, whether below or above ground, that may be affected by the
Work but are not required to be disturbed or relocated by the very nature of the project, shall be protected
and maintained by the Contractor and shall not be disturbed or damaged by Contractor forces during the
progress of the Work; provided that, should the Contractor disturb, disconnect or damage any utility or
any structure, all expenses of whatever nature arising from such disturbance or the replacement or repair
and testing thereof shall be 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 furnish evidence of compliance with conditions of the permit from the
proper authority before final acceptance of the Work by City. Road closures are governed by Paragraph
8.3.
7.9 CHANGES IN THE WORK
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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.
In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be granted
an extension of time to complete the Work for as many calendar days as the Work was suspended; except,
however, that the Contractor will not be granted an extension of time to complete the Work if the
suspension was caused by a fault of the Contractor.
7.11 CORRECTION OF WORK
Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the
Contract Documents, whether observed before or after completion of the Work and whether or not
fabricated, installed or completed, and shall correct any Work found to be not in accordance with the
requirements of the Contract Documents within a period of one (1) year from the date of completion of
the Work or by the terms of an applicable special warranty required by the Contract Documents. The
provisions of this Paragraph apply to the Work done by Subcontractors as well as to the Work done by
direct employees of Contractor.
Nothing contained in this Paragraph shall be construed to establish a period of limitation with respect to
other obligations which Contractor might have under the Contract Documents. Establishment of the time
period of one (1) year as described in Subparagraph 7.11(a) above relates only to the specific obligation of
Contractor to correct the Work, and has no effect on the time within which the obligations of the Contract
Documents may be enforced, nor to the time within which proceedings may be commenced to establish
Contractor's liability with respect to Contractor's remaining contractual obligations.
7.12 LIOUIDATED 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 three
hundred dollars ($300) Der day beyond the agreed completion date. Inspection of the Work by the City
and the subsequent issuance of a notice by the City indicating substantial completion will be the date used
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to signify work completion. If completion is beyond the schedule agreed upon, liquidated damages may
be imposed by the City on the Contractor and will be withheld from payment.
It is expressly acknowledged by Contractor that said payment shall not be interpreted nor construed as a
penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event Contractor
fails to perform as required hereunder or violates any provision of the Contract Documents.
8.0 PUBLIC HEALTH AND SAFETY
8.1 PROTECTION OF PERSONS AND PROPERTY
The Contractor shall submit, for the City's approval, a project safety and security plan which describe 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 Programs
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the Work in accordance with the U.S. Department of Labor Occupational
Safety and Health Act and the laws of the State of Florida.
This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply
with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act
constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court
costs arising from penalties charged to the City for violations of OSHA committed by the Contractor or
any and all subcontractors.
B. Safety of Persons and Property
The Contractor shall take all reasonable precautions for the safety of, and shall provide all, reasonable
protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may
be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage
on or off the project site, under the care, custody or control of the Contractor or any of his subcontractors;
and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the
course of construction.
The Contractor shall be held fully responsible for such safety and protection until final written acceptance
of the Work. Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment
at all times. Temporary provisions shall be made by the Contractor to insure the proper functioning of all
swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed except
as approved by the City. The Contractor acknowledges that, in executing the Project, it will operate
machinery and equipment that may be dangerous to the adjacent property owners and the general public.
The Contractor will be required to conduct excavations for the Project that may be hazardous to person
and property. The Contractor shall develop and implement a job safety and security plan that will
adequately protect all property and the general public. Contractor shall rigorously prohibit the
committing of nuisances on the site of the Work, on the lands of the City or an adjacent property.
8.2 TRAFFIC CONTROL
All safety precautions, traffic control, and warning devices necessary to protect the public and workmen
from hazards within the right-of-way shall be in strict accordance with SECTION 102, MAINTENANCE
OF TRAFFIC, in the Florida Dept. of Transportation (FDO7) Std. The State of Florida Manual of Traffic
Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations
38
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.
Local traffic shall be maintained within the limits of the Project for the duration of the construction
period. Closing to through travel of more than two (2) consecutive blocks, including the cross street
intersected will not be permitted without specific authorization of the City. No road or street shall be
closed to the public except with the permission of the City and proper governmental authority. When
closing of roads is permitted, it shall require forty-eight (48) hours notification to the City. Traffic
detours shall be pre -approved prior to closing. "Street Closed to through Traffic" signs and "Detour"
routes shall be indicated and maintained by the Contractor when the job is located in a public or private
street.
8.4 PROVISION OF ACCESS
Where traffic must cross open trenches, the contractor shall provide adequate ingress and egress to
dwellings, business facilities, utilities and service. Temporary provisions shall be made by the Contractor
to insure the use of sidewalks. The Contractor shall provide suitable crossings at street intersections and
driveways, and supply such aid as may be required for pedestrians and motorists, including delivery
vehicles, to safely negotiate the construction areas. On completion of Work within any area, the
Contractor shall remove all debris, excess materials, barricades and temporary Work leaving walkways
and roads in said area clear of obstructions.
8.5 WARNING SIGNS AND BARRICADES
The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as required, and all
such other necessary precautions for the protection of the Work and the safety of the public. All
barricades and obstructions shall be protected at night by regulatory signal lights which shall be kept in
operation from sunset to sunrise. Barricades shall be of substantial construction and shall be reflective to
increase their visibility at night. Suitable warning signs shall be so placed and illuminated at night as to
show in advance where construction, barricades or detours exist. Unless so designated in the Bid
Documents, no direct payment for this work will be made, but the cost of providing, erecting and
maintaining such protection devices, including guards, watchmen and/or flagmen as required shall be
considered as included and paid for in the various contract prices of the Work. Warning signs and
barricades shall be in conformance with the State of Florida, Manual of Traffic Control and Safe
Practices for Street and Highway Construction, Maintenance and Utility Operations, latest edition.
The Contractor shall provide and maintain adequate barricades, construction signs, torches, flashers,
guards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of local authorities
shall be compiled with. Advance warning signs are required on all streets where work is being conducted.
Lane closures shall be signed and barricaded or coned as indicated in aforementioned FDOT Index.
Flagmen may be required where traffic and length of lane closure warrant them. Where such a plan is
needed, Contractor shall submit and obtain approval of their traffic control plan by the City.
8.6 OPEN TRENCHES
The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to open
trenches during construction. The Contractor shall be place construction hazard fencing along any open
trenches during the construction work -day, and shall leave no open trenches or excavations over -night
unless properly fenced and with the specific approval of the Engineer or the City.
8.7 PLACEMENT OF HEAVY EOUIPMENT
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The Contractor shall not leave construction equipment parked in front of or on a residential lot overnight
or on weekends. At the close of work each day, the equipment shall be driven to and stored in a
designated area so that the equipment will not become an "attractive nuisance" to neighborhood children.
All equipment left unattended during the course of working day, such as during lunch hours or work
breaks, shall not be left in a condition or location which would create a safety hazard to the general
public. All keys shall be removed from the machines during those times.
8.8 TEMPORARY FACILITIES AND CONTROLS
The Contractor shall provide controls for sanitary facilities, environmental protection and safety controls
on site acceptable to the Florida Department of Health and Rehabilitative Services, Department of
Environmental Protection, and St. Johns River Water Management District.
The Contractor shall provide and maintain such sanitary accommodations adequate for the use of his
employees and those of his subcontractors, and as may be necessary to comply with the requirements and
regulations of the local and state departments of health. Such facilities shall be made available when the
first employees arrive on site of the Work, shall be properly secluded from public observation, and shall
be constructed and maintained during the progress of the Work in suitable numbers and at such points and
in such manner as may be required or approved. The Contractor shall maintain the sanitary facilities in a
satisfactory and sanitary condition at all times and shall enforce their use. The City shall have the right to
inspect such facilities at all times to determine whether or not they are being properly and adequately
maintained. Following the period of necessity for such accommodations, they and all evidence affixed
thereto shall be removed.
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 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 shall submit a plan to the Engineer
for review prior to initiation and implementation of the plan.
8.13 WATER CONTROL
The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to the
Engineer for review prior to initiation and implementation of the plan. Prior approval shall be obtained
from the proper authorities for the use of public or private lands or facilities for such disposal.
8.14 POLLUTION. SILTATION AND EROSION CONTROL
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The Contractor shall provide for and take sufficient precautions to prevent pollution of private and
public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus materials in the
forms of solids, liquids or gases including, but not limited to, fuels, oils bitumen, calcium chloride or
other harmful materials.
Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize pollution or
silting of streams, 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 and the applicable City's NPDES program for control of discharge of Total
Suspended Matter, and shall prevent water and wind erosion of open excavations and swales.
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 furnished, work performed, or
work to be performed, interpretation of Specifications and all technical questions as to the acceptable
fulfillment of the Contract on the part of the Contractor shall be referred to the Engineer who will resolve
such questions.
9.2 ENGINEER'S DECISION
All claims of a technical nature of the City or Contractor shall be presented to the 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
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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 any testing, if needed. Further inspection requirements may be designated in the
Technical Specifications on the pavement.
The City will conduct tests it deems necessary to deter nine 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.
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In the event of any default by the Contractor, the City shall have the right to immediately terminate the
Contract upon issuance of written notice of termination to the Contractor stating the cause for such action.
This Agreement may be terminated by the City without cause provided at least thirty (30) days written
notice of such termination shall be given to the Contractor. In the event of termination, the City may take
possession of the Work and of all materials, tools and equipment thereon and may finish the Work by
whatever method and means it may select.
It shall be considered a default by the Contractor whenever Contractor shall:
(a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his creditors.
(b) Disregard or violate the provisions of the Contract Documents or City's written instructions, or
fail to prosecute the Work according to the agreed schedule of completion including extensions thereof.
(c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper
materials, or fail to make prompt payment for same.
9.10 RIGHTS OF VARIOUS INTERESTS
Wherever work being done by the City's forces or by other contractors is contiguous to work covered by
the Contract, the respective rights of the various interests involved shall be established by the City, to
secure the completion of the various portions of the Work in general harmony.
9.11 SEPARATE CONTRACTS
The City may let other contracts in connection with the Work of the Contractor. The Contractor shall
cooperate with other Contractors with regard to storage of materials and execution of their work. It shall
be the Contractor's responsibility to inspect all work by other contractors affecting Contractor's work and
to report to the City any irregularities that will not permit completion of work in a satisfactory manner.
Contractor's failure to notify the City of such irregularities shall indicate the work of other contractors has
been satisfactorily completed to receive related work. It shall be the responsibility of the Contractor to
inspect the completed work in place and report to the Engineer immediately any difference between
completed work by others and the Plans.
9.12 SUBCONTRACTS AND PURCHASE ORDERS
Prior to signing the Contract or at the time specified by the City, the Contractor shall submit in writing to
the City the names of the subcontractors proposed for the Work. Subcontractors may not be changed
except at the request or with the approval of the City. The Contractor is responsible to the City for the acts
and omissions of its subcontractors and their direct or indirect employees, to the same extent as he is
responsible for the acts and omissions of its employees. The Contract Documents shall not be construed
as creating a contractual relation between any subcontractors and the City. The Contractor shall bind
every subcontractor by the terms of the Contract Documents.
For convenience of reference and to facilitate the letting of contracts and subcontracts, the Specifications
are separated into title sections. Such separations shall not, however, operate to make the Engineer or City
an arbiter to establish limits to the contracts between the Contractor and subcontractors.
9.13 WORK DURING AN EMERGENCY
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The Contractor shall perform any work and shall furnish and install materials and equipment necessary
during an emergency endangering life or property. In all cases, Contractor shall notify the Engineer and
City of the emergency as soon as practicable, but shall not wait for instructions before proceeding to
properly protect both life and property.
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 are absolutely necessary to protect life or property.
This clause shall not pertain to crews organized to perform restoration work which needs no verifying
inspection, maintenance work on equipment, or to operate and maintain special equipment such as
dewatering pumps which may be required to work 24 hours per day. All such night, Saturday and/or
Sunday work must be authorized by the City.
9.16 UNAUTHORIZED WORK
Work done without lines and grades having been established, work done without proper inspection, or
any changes made or extra work done without written authority will be done at the Contractor's risk and
will be considered unauthorized, and, at the option of the City, may not be measured and paid for.
9.17 USE OF COMPLETED PORTIONS OF THE WORK
The City shall have the right to use, occupy, or place into operation any portion of the Work that has been
completed sufficiently to permit safe use, occupancy, or operation, as determined by the Engineer. If such
use, occupancy, or operation increases the cost of or delays the Work, the Contractor shall be entitled to
extra compensation, or an extension of time, or both, as determined by the Engineer. However, if
Contractor has failed to complete the Work in accordance with the time requirements of the Agreement,
no compensation (including set -offs to liquidated damages) shall be allowed for such use or occupancy.
9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK
Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he
shall take every necessary precaution against injury or damage to the Work by the action of the elements
or from any other cause whatsoever, whether arising from the execution or from the non -execution of the
Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all
injury or damage to any portion of the Work occasioned by any cause, other than the sole and active
negligence of the City, before its completion and acceptance.
10.0 MEASUREMENT AND PAYMENT
10.1 DETAILED BREAKDOWN OF CONTRACT
Except in cases where unit prices form the basis for payment under the Contract, the Contractor shall
submit a complete breakdown of the contract amount showing the value assigned to each part of the
Work, including an allowance for profit and overhead within ten (10) days of the execution of the
Contract by the parties. Upon approval of the breakdown of the contract amount by the Engineer and the
City, it shall be used as the basis for all requests for payment.
I [IN410 o I/1IN &I 8 XG) M V Vd OF 0:1 `0 i
The Contractor may submit to the City not more than once each month a request for payment for work
completed. Where applicable, the Contractor may choose to submit a request for payment at the
substantial completion of each work order. The City may elect to provide its own form for the Contractor
to submit progress payment requests. The standard form provided by the City, or a form presented by the
Contractor having received prior approval from the City, can be used for the submittal of a progress
payment.
The Contractor shall furnish the Engineer and the City all reasonable facilities required for obtaining the
necessary information relative to the progress and execution of the Work. In addition to each month's
invoice, an updated project schedule shall be submitted.
Each request for payment shall be computed from the work completed to date on all items listed in the
detailed breakdown of the contract amount less previous payments and back charges. Progress payments
on account of Unit Price Work will be based on the number of units completed at the time the payment
request was dated by the Contractor. If payment is requested on the basis of materials and equipment not
incorporated in the project but delivered and suitably stored at the site or at another location agreed to in
writing, the payment request shall also be accompanied by a bill of sale, invoice or other documentation
warranty that the City has received the materials and equipment free and clear of all liens, charges,
security interests and encumbrances, all of which shall be satisfactory to the City. No payments shall be
made for materials stored on site without approval of the City.
An amount of 10% of each monthly pay request shall be retained until final completion and written
acceptance of the Work by the City. Payment of the retainage shall be included in the Contractor's final
pay request in accordance with Paragraph 10.14. Any deviation in the release or partial release of the 10%
retainage shall be at the sole discretion of the City, but in no case earlier than completion of the
Engineer's "punch list inspection".
Any request for payment shall be accompanied by claim releases for work done or materials furnished in
accordance with Paragraph 10.13.
Prior to submission of any request for payment by the Contractor, the Engineer shall review the request
for payment to determine the following:
(a) That the work covered by the request for payment has been completed in accordance with the
intent of the Plans and Specifications.
(b) That the quantities of work have been completed as stated in the request for payment, whether for
a unit price contract or for payment on a lump -sum contract.
10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT
Within thirty (30) days from the date of receipt of a request for payment the City shall do one of the
following:
(a) Approve and pay the request for payment as submitted.
(b) Approve and pay such other amount of the request for payment in accordance with Paragraph
10.4 as the City shall decide is due the Contractor, informing the Contractor in writing of the reasons for
paying the amended amount.
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(c) Disapprove the request for payment in accordance with Paragraph 10.4 informing the Contractor
in writing of the reasons for withholding payment.
10.4 CITY'S RIGHT TO WITHHOLD PAYMENT OF A REOUEST FOR PAYMENT
The City may withhold payment in whole or in part on a request for payment to the extent necessary for
any of the following reasons:
(a) Work not performed but included in the request for payment, or the contract Price has been
reduced by written change order.
(b) Work covered by the request for payment which is not in accordance with the Plans,
Specifications and generally accepted construction practices, including if, in the opinion of the City, there
is sufficient evidence that the Work has not been satisfactorily completed, or based upon tests and/or
inspections the work is defective or has been damaged requiring correction or replacement.
(c) In the event of a filing of a claim or lien, or information received by City of a
potential filing of a claim or lien against the Contractor or City.
(d) Failure of the Contractor to make payments to subcontractors, material suppliers
or labor.
(e) Damage to another contractor.
(f) The City has had to correct a defect in the Work, or there are other items entitling
the City to a set-off against the amount recommended.
(g) Default of any of the provisions of the Contract Documents.
10.5 PAYMENT FOR UNCORRECTED WORK
Should the City direct, in writing, the Contractor not to correct work that has been damaged or that was
not performed in accordance with the Contract Documents, an equitable deduction from the contract
amount shall be made to compensate the City for the uncorrected work.
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 there from after deducting all the costs and expenses that are incurred by the City.
If the proceeds do not cover the expenses incurred by the City, such additional amounts may be set-off
against any payments due Contractor.
10.7 CHANGES IN THE WORK
A. Chanee Orders
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If conditions require a change in the scope of work or additional work varying from the original Plans or
Specifications, such change shall be effected by the Contractor when the City issues a written Change
Order. The Change Order shall set forth in complete detail the nature of the change, the change in the
compensation to be paid the Contractor and whether it is an addition or a reduction of the original total
contract cost. Should additional or supplemental drawings be required, they will be furnished by the
Engineer. All Change Orders shall address the impact of the change on both Contract Price / Cost and
Contract Time / Schedule.
Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall be
established in one of the following ways:
(a) By lump sum proposed by the Contractor and accepted by the City.
(b) By unit prices established and agreed to.
(c) By unit prices established for additional kinds of work.
(d) By other methods as may be mutually agreed upon.
(e) By force account wherein the Contractor provides the labor and materials at Contractor's direct cost plus
15% for overhead and profit. When the force account method is used, the Contractor shall provide full
and complete records of all costs for review by the City.
B. Claims
Claims arising from changes or revisions made by the Contractor at the City's request shall be presented
to the City before work starts on the changes or revisions. If the Contractor deems that extra
compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor shall
notify the City in writing of its intention to make claim for extra compensation before work begins on
which the claim is based. If such notification is not given and the City is not afforded by the Contractor a
method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives
its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not
notified as described above. The Contractor may refuse to perform additional work requested by the City
until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that
the City has kept account of the costs as aforesaid shall not in any way be construed as proving the
validity of the claim.
10.8 CANCELED ITEMS OF WORK
The City shall have the right to cancel those portions of the contract relating to the construction of any
item provided therein. Such cancellation, when ordered by the City in writing, shall entitle the Contractor
to the payment of a fair and equitable amount covering all costs incurred by Contractor pertaining to the
canceled items before the date of cancellation or suspension of the Work. The Contractor shall be allowed
a profit percentage on the materials used and on construction work actually done, at the same rates as
provided for "Changes in the Work", but no allowance will be made for anticipated profits. Acceptable
materials ordered by the Contractor or delivered on the site before the date of such cancellation or
suspension shall be purchased from the Contractor by the City at actual cost and shall thereupon become
the property of the City.
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.
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10.10 PAYMENT FOR WORK BY THE CITY
The cost of the work performed by the City removing construction materials, equipment, tools and
supplies in accordance with Paragraph 5.7 and in correcting deficiencies in accordance with Paragraph 9.8
shall be paid by the Contractor.
10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION OF CONTRACT
A. Termination by City for Cause
Upon termination of the contract by the City for cause, including abandonment or termination by
Contractor, the City may enter into an agreement with others for the completion of the Work under this
Agreement and the Contractor shall be held harmless for the work of others. No further payments shall be
due the Contractor until the Work is completed and accepted by the City. If the unpaid balance of the
contract amount shall exceed the cost of completing the Work including all overhead costs, Contractor
shall be paid up to the amount of the excess balance on a quantum merit 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 and any work done or documents
generated by the Contractor shall remain the property of the City.
10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY
The Contract will be considered complete when all work has been finished, the final construction review
is made by the Engineer, and the project accepted in writing by the City.
10.13 RELEASE OF CLAIMS (INTERIM/FINAL)
The Contractor shall deliver, with each request for payment, a completed Affidavit and Release of Claim
on a form supplied by the City. Also, from each supplier or subcontractor who has notified the City of his
right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as
an unpaid, potential Claimant, a Claimant's Sworn Statement of Account, executed by the supplier or
subcontractor, must be attached to each request for payment.
If the completed forms are not supplied with the request for payment, the City will notify Contractor of
the outstanding claims of record and, if said completed form(s) are not supplied within thirty (30) days,
the City shall make joint payments to the Contractor and outstanding claimants.
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
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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 REOUIREMENTS
11.1 COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide
employee working solely for the Contractor, any fee, commission, percentage, gift or any other
consideration contingent upon or resulting from the award or making of this Agreement. For the breach
or violation of this paragraph, the City shall have the right to terminate the Agreement without liability
and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee,
commission, percentage, gift or consideration.
11.2 INTEREST OF MEMBERS OF CITY AND OTHERS
No officers, members or employees of the City and no member of its governing body, and no other public
official of the governing body of the locality or localities in which services for the facilities are situated or
carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or
carrying out of this project, shall participate in any decision relating to this Agreement which affects such
person's personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement
or the proceeds thereof.
11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING
The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf
of the Contractor to any person for influencing or attempting to influence any officer or employee of any
Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member
of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant,
the making of any Federal loan, the entering into of any cooperative agreement and the extension,
continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative
agreement.
If any funds other than Federal appropriated funds have been paid by the Contractor to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a member of
Congress, an officer or employee of Congress or an employee of a member of Congress in connection
with this Agreement, the undersigned shall complete and submit Standard Form- "Disclosure Form to
Report Lobbying" in accordance with its instructions.
11.4 INTEREST OF CONTRACTOR
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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 will further covenants that in the performance of this
Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any
professional work which conflicts with its duties as the City's Contractor without the prior written consent
of the City during the term of this Agreement. Any work where the Contractor can reasonably anticipate
that it may be called to testify as a witness against the City in any litigation or administrative proceeding
will constitute a conflict of interest under this Agreement.
11.5 PUBLIC ENTITY CRIMES
The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY CRIMES,
stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes, has been
convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of said
statute.
11.6 DRUG -FREE WORKPLACE
The Agreement documents also include the "Drug -Free Workplace Form" which is in accordance with
Florida Statute 287.089 and must be signed and instituted.
11.7 COMPLIANCE WITH LAWS
Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work,
including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16
USC §1531, et seq.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No.
11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe Water Drinking Act Section
1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL 90-542, as amended), The
Demonstration Cities and Metropolitan Development Act of 1966 (PL 89-754), Section 306 of The Clean
Air Act, Section 508 of The Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964
(PL 88-352), The Age Discrimination. Act (PL 94-135), Section 13 of The Federal Water Pollution
Control Act (PL 92-500), Executive Order No. 11246, Executive Order No. 11625, Executive Order No.
12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and
Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101-336).
11.8 INSURANCE
The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and
maintain said insurance during the life of this agreement:
(a) Workers' Compensation - Contractor shall purchase workers' compensation
insurance as required by law.
(b) Commercial General Liabilitv - 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 Best's Key Rating Guide. The Contractor
and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent
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to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that all sub-
contractors have full insurance coverage as stated above.
The Contractor shall not commence the Work under this contract until Contractor has obtained all the
insurance required under this paragraph and certificates of such insurance have been submitted to the
City, nor shall the Contractor allow any subcontractor to commence work on a subcontract until all
insurance required has been so obtained and approved by the City. The Contractor shall carry and
maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect
Contractor and any subcontractor performing work under this Contract, or the City, from all claims and
liability for damages for bodily injury, including accidental death, under this Contract, whether by
Contractor or by any subcontractor or by any one directly or indirectly employed by either of them.
The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance,
naming the City as an additional insured party, prior to the start of construction as provided in the
Contract.
11.9 BOND (Recuired)
The Contractor shall provide Bonds in the form prescribed by State Law, and generally as shown in these
Documents, for Performance and Payment, each in the amount of 100% of the total contract amount.
11.10 PERMITS
All City and St. John's River Water Management District permits and other permits necessary for the
prosecution of the Work shall be secured by the City, except for Contractor's licenses and registrations,
and dewatering permits that may be required by St. Johns River Water Management District (SJRWMD).
Contractor shall secure a building permit if required by the City's Building Official.
The City has already obtained the SJRWMD permit (No. 88965-4) for the Police Evidence
Building/Parking.
11.11 LAWS TO BE OBSERVED
The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, permit
requirements and regulations in any manner affecting the conduct of the Work, and all such orders and
decrees as enacted by bodies or tribunals having any jurisdiction or authority over the Work, and shall
indemnify and save harmless the City and Engineer against any expense, claim or liability arising from, or
based on, the violation of any such law, ordinance, regulation, permit requirements, order or decree,
whether by Contractor or its employees. The failure of the Contractor to adhere to any known law or
regulation pertaining to famishing services under this Agreement shall constitute a material breach of this
Agreement.
The Contractor shall keep fully informed of all existing and pending state and national laws and
municipal ordinances and regulations in any manner affecting those engaged or employed in the Work, or
in any way affecting the conduct of tribunals having any jurisdiction or authority over the same. If any
discrepancy or inconsistency is discovered in the Plans, Specifications, or Contract for this work in
relation to any such law, ordinance, regulations, order or decree, Contractor shall forthwith report the
same to the Engineer and City in writing. Contractor shall at all times himself observe and comply with
and cause all its agents, subcontractors and employees to observe and comply with decrees; and shall
protect and indemnify the City and Engineer, their officers, employees and agents against any expense,
claim or liability arising from or based upon violation of any such law, ordinance, regulations, orders or
decree, whether by Contractor or its employees.
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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.
11.11.1 GENERAL INDEMNIFICATION
For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Contractor shall and does hereby indemnify, hold harmless and defend the City of
Sebastian, its officers, agents, officials, representatives and employees against any and all liability, loss,
cost, damages, expenses, claim or actions, or whatever type, including but not limited to attorney's fees
and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, official
representatives or employees or any other person(s) or business entity(ies) who may hereafter sustain,
incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s),
vendors, sub-Contractor(s), representatives, servants, or employees in the execution, performance or
nonperformance or failure to adequately perform Contractor's obligations pursuant to this contract.
12.0 MISCELLANEOUS
12.1 ADDRESSES FOR NOTICES
All notices given under or in connection with any of the Contract Documents shall be delivered in person
or by telegraph or email (confirmed) or registered or certified mail to the parties at the address as either
party may by notice designate.
12.2 WRITTEN NOTICE
Written notice shall be considered as served when delivered to the designated representative of the
Contractor and receipt acknowledged or sent by registered mail to the individual, firm, or corporation to
the business address stated in Bid Proposal. Change of Address: It shall be the duty of each party to
advise the other parties to the Contract as to any changes in his business address until completion of the
Contract.
12.3 TAXES
Contractor shall pay all sales or other taxes of any type which may be incurred in connection with the
Work hereunder, and shall reimburse the City for any such taxes paid by the City.
12.4 TIME IS OF VITAL IMPORTANCE
It is agreed and understood that time is of vital importance with respect to the completion date for the
Work and all other provisions of the Contract Documents.
12.5 NO WAIVER OF LEGAL RIGHTS
Neither the payment for, nor acceptance of the whole or any part of the Work by the City or
representatives of the City, nor any extension of time, nor the withholding of payments, nor any
possession taken by the City, nor the termination of employment of the Contractor shall operate as a
waiver of any portion of the Contract or any power therein reserved or any right therein reserved or any
right therein provided, nor shall the waiver by the City of any of the Contractor's obligations or duties
under this Agreement constitute a waiver of any other obligation or duty of the Contractor under this
Agreement.
12.6 RIGHT TO WORK PRODUCT
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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 plans and specifications by the City except the use
reasonably contemplated by the City at the time the City entered this Agreement will be at the City's risk
and Contractor, its officers, directors and employees, will be held harmless from such use.
12.7 PUBLIC RECORDS FORM
Contract Name:
Project Description:
In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract
between the City of Sebastian and the Contractor shall require the contractor to:
a) Comply with the public records law of the State of Florida, as the same may be amended
from time to time.
b) Keep and maintain public records that ordinarily and necessarily would be required by
the City in order to perform services, and
c) Provide the public with access to public records on the same terms and conditions that the
City would provide the records and at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law, and
e) Meet all requirements of retaining public records and transfer, at no cost, to the City all
public records in possession of the contractor upon termination of the contact and destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to the City in a format that is compatible with the
information technology systems of the City.
f) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT 1-772-388-8212 / E-MAIL JWILLIAMSaCITYOFSEBASTIAN.ORG CITY OF
SEBASTIAN, 1225 MAIN STREET SEBASTIAN, FLORIDA.
AUTHORIZED SIGNATURE: DATE:
PRINT TITLE:
COMPANY/FIRM:
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year
first above written.
ATTEST:
Jeanette Williams, MMC
City Clerk
THE CITY OF SEBASTIAN
By:
Name: Joseph Griffin
title: City Manager
53
(SEAL)
Approved as to Form and Content for
Reliance by the City of Sebastian Only
Robert A. Ginsburg, City Attorney
CONTRACTOR
Signed, sealed and delivered
in the presence of
NAME: By:
Name:
NAME: Title:
54
ITEM L-126
AUTOMATED WEATHER OBSERVING SYSTEM - LEVEL III/T
DESCRIPTION
126-I.1 This item shall consist of famishing and installing an FAA approved Automated Weather Observing
System (AWOS) level IH/T, including AWOS Site Survey, 7460-01 filing, VHF & UHF frequency assignment in
accordance with this specification and the FAA Advisory Circular No. 150/5220-16 latest edition. The system shall
be installed at the approved location and in accordance with the dimensions and details shown in the plans and FAA
order No. 6560-20B for Siting Criteria. This item shall include furnishing all equipment, materials, services and
incidentals necessary to place the system in operation as a completed unit to the satisfaction of the City of Sebastian
and ready for commissioning by the FAA.
This document describes an FAA -approved Level IU/T Automated Weather Observation System (AWOS) in
accordance with this specification and the FAA Advisory Circular No. 150/5220-16 latest edition.
EQUIPMENT AND MATERIALS
126-2.1 General
A. The Automated Weather Observing System and other equipment and material covered by FAA
specifications shall have the approval of the Federal Aviation Administration, Washington, DC,
20591, as listed in Advisory Circular 150/5345-1, latest edition prior to bid opening.
B. All other equipment and materials covered by other referenced specifications shall be subject to
acceptance through the manufacturer's certification of compliance with the applicable
specification.
126-2.3 General Performance Standards
A. Input Power. AWOS equipment shall operate from a 120V AC (t 5%), 60 Hz (t 5 Hz), 3-wire
single-phase service. The Data Collection Platform (DCP) enclosure shall be mounted to the
AWOS tower in accordance with the manufacturer's specifications. The maximum service
required shall be 30 amps.
B. Loss of Power. The AWOS system will return to normal operation without human intervention
after a power outage. When power is restored, the system will not output erroneous data. The
system shall include the capability of operating from a one hour Uninterruptible Power Supply
(UPS.)
126-2.4 Operating Environment. The AWOS equipment shall meet the requirements for
operating in a Class 1 environment, as defined in FAA Advisory Circular 150/5220-16 latest
edition.
126-2.5 AWOS Svstem and Sensor Saecifications. The AWOS System provided for this
project shall, as a minimum, include and meet the following specifications.
126-2.5.1 Wind Sneed and Direction Sensor. The wind speed and direction sensor shall be of
the ultrasonic type. Periodic calibration shall not be required.
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Speed:
A. Range. 0 - 146 knots. (0 — 168 mph)
B. Accuracy. ±0.02 knots or 2%, whichever is greater.
C. Resolution. 0.02 knot.
D. Threshold. 0.02 knots.
Direction:
A. Range. 0 degrees to 360 degrees in azimuth.
B. Accuracy. ±2 degrees.
C. Resolution. I degree.
D. Dead Band Direction: None
126-2.5.2 Ambient Temperature Sensor. The sensor shall be thermally isolated in a motor
aspirated radiation shield to accurately measure air temperature.
A. Range. From —40C to +60C (-40 OF t o +140 OF)
B. Accuracy. ±0.3C.
C. Resolution. 1OF.
D. Time Constant. Less than 2 minutes.
126-2.5.3 Dew Point . Dew point shall be derived using temperature and relative humidity data.
Algorithms within the AWOS Data Collection Platform (DCP) shall perform this derivation.
The relative humidity sensor shall be thermally isolated in a motor aspirated radiation shield to
accurately measure the atmospheric dew point temperature.
A. Operating Range. From —40C to +60C (40 OF to +140 OF), 0 to 100% RH (Relative Humidity).
B. Resolution. 1OF.
C. Time Constant. Less than 2 minutes
D. Accuracy. Accuracy is as follows:
1. 2 OF dew point for dry bulb temperature of +30 OF to +90 OF (80% to 100% RH), with a
maximum error of 3 OF at any dry bulb temperature.
2. 3 OF dew point for dry bulb temperature of +30 OF to +120 OF (15% to 75% RH) with a
maximum error of 4 OF at any dry bulb temperature.
3. 4 OF dew point for dry bulb temperature of -20 OF to +20 OF
(25% to 95% RH) with a maximum error of 5 OF at any dry bulb temperature. The minimum
dew point required is -30 degrees F.
126-2.5.4 Pressure Sensor
A. Design. Two pressure sensors shall be provided, with provisions to accommodate a third as a
backup. The sensors shall not require heaters. Pressure sensors shall be vented to the
atmosphere using a quad -plate pressure port. Each sensor shall have an independent venting
interface (from separate outside vents through dedicated piping) to the sensors.
B. Range. From 15.00 to 32.00 inHg. The system shall be capable of reporting altimeter settings
between 28.00 and 31.00 inHg when installed at the airport.
C. Accuracy. ±0.01 inHg.
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D. Resolution. 0.001 inHg.
E. Differential Accuracy. The sensor shall exhibit a maximum differential accuracy of 0.01 inHg
or less between any two pressure measurements taken from the same sensor 3 hours apart.
F. Maximum Drift With Time. Each sensor shall be stable and continuously accurate with 0.01
inHg for a period of not less than 6 months.
126-2.5.5 Cloud Height Sensor
A. Design. The cloud height sensor shall be capable of detecting clouds up to 12,500 feet. The
sensor shall provide an output of three cloud layers representative of the sky conditions when
surface visibilities are equal to or greater than '/< mile.
B. Range. The sensor shall measure cloud heights and the heights of obscuring phenomena aloft to
12,500 feet.
C. Accuracy. ±100 feet or 5%, whichever is greater.
D. Resolution. Not greater than: 50 feet surface to 5,500 feet; 250 feet
from 5,501 to 10,000 feet; 500 feet above 10,000 feet.
E. Sampling. The sensor shall provide an output of cloud height at least once every
30 seconds when clouds are present. The sampling rate may be reduced to at least one sample
every 3 minutes when no clouds are detected for the preceding 15 minutes.
F. Detection Performance Accuracy. Meet or exceed the requirements of FAA Advisory Circular
150/5220-16 latest edition.
G. Eye Safety. The cloud height indicator sensor shall be designed to conform to ANSI-Z 136.1,
Acceptable Emission Limits for Laser Radiation, with Class 3b maximum accessible emission
level applied to direct viewing without optical instruments (excluding ordinary eye glasses). An
interlock device in the laser power circuit shall be proved to disable the laser during maintenance
thereby preventing inadvertent exposure of the laser emission to the eyes of the technician or
other.
H. Optics Contamination. An air blower shall be used to reduce the contamination of sensor
optics. A signal shall be generated to indicate the amount of optics contamination, thereby
indicating the need for optics cleaning.
1. Snow. The ceilometer window shall remain clear of snow when subject to precipitation
rate of 2 inches per hour for one hour at a temperature of 20 OF.
2. Ice. The window shall remain clear of ice for 60 minutes under conditions of freezing,
rain, equivalent to buildup of 1/2 inch per hour thickness of clear ice.
126-2.5.6 Visibilitv Sensor
A. Design. The visibility sensor shall be of the 4-headed design utilizing the forward scatter
method of measurement. The sensor shall be capable of operating in 3-head mode in the event of
the failure of one of the heads. A method of calibration traceable to the FAA approved standards
shall be provided.
A. Range. The visibility sensor shall determine visibility from 30 feet to 10 miles.
B. Resolution. In terms of equivalent visibility, the sensor shall provide data to report visibility
values as follows (in statute miles); less than 1/4, 1/4,1/2, 3/4, 1, 1-1/4, 1-1/2, 2, 2-1/2, 3, 3-1/2,
4, 5, 6, 7, 8, 9 and 10 miles.
C. Time constant. The time constant shall not exceed 3 minutes.
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D. Accuracy. The sensor shall agree with a transmissometer standard as follows:
Table 1. Visibility sensor accuracy requirements.
(All values in statute miles)
Reference Transmissometer Acceptable Sensor
Reading Variance
1/4 through 1-1/4 ±1/4
1-1/2 through 1-3/4
+ 1/4,-1/2
2 through 2-1/2
±1/2
3 through 3-1/2
+ 1/2, - 1
4 and greater than 4
±1
E. Ambient Light Sensor. The visibility sensor shall contain an ambient light sensor (i.e.
photocell) to measure the ambient luminance within its field of view, and to generate a signal to
the visibility sensor to indicate whether the ambient light level is day or night. It shall indicate
day for increasing illumination between 0.5 and 3 foot-candles (FC), and night for decreasing
illumination between 3 and 0.5 FC. This sensor may be exposed to ambient light levels as high
as 50 FC.
126-2.5.7 Precipitation Accumulation Sensor
The sensor should be capable of measuring the precipitation amount with a range of
.01 to 5 inches per hour. Precipitation amount is the liquid equivalent of all precipitation forms,
i.e., liquid, freezing, frozen, or combinations thereof.
A. Resolution. The resolution shall be 0.01 inches.
B. Accuracy. The accuracy shall be 0.002 inches per hour (RMSE), or 4 percent of
actual, whichever is greater.
126-2.5.8 AWOS Data Processor. The AWOS data processor shall be a Pentium PC, 100MHz
(or greater), 16MB RAM with a 1.0 GB or greater hard disk and perform the following
functions; data acceptance; data reduction; data processing and product dissemination (digital
and voice).
A. The processor shall be capable of attaining AWOS IV configuration by adding the requisite
sensors and software only. No major upgrade of the data processor will be required.
B. The processor shall provide a computer -generated voice weather observation to a ground -to -air
radio for transmission to aircraft.
C. Number of Sensors. The processor shall be able to receive inputs from up to an unlimited
number of sensors.
D. The processor shall contain an operating system working in an open system architecture capable
of remote software upgrades.
E. Data Reduction. The data reduction function shall preprocess information prior to
meteorological algorithm processing. The AWOS data reduction software shall include quality
control checks to ensure that the data received is accurate and complete and that the associated
equipment is working properly before the weather algorithms are performed. If data from any
sensor is erroneous or missing (e.g. sensor power loss, etc.), the parameter and all other
58
parameters derived from the missing parameter shall be reported "missing" in the weather
observation. The processor shall continue to sample data, and if the error condition is corrected,
the weather parameter shall be reinserted in the AWOS report.
1. The processor shall periodically check reference of calibration points which correspond
to the normal operating limits of the sensor.
2. The processor shall set upper and lower limits on the sensor output which correspond to
the normal operating limits of the sensor.
F. Weather Algorithms. The system processor shall implement algorithms provided by the FAA
to generate the elements of the weather observation. An observation shall be generated each
minute.
G. System Output. The system shall generate the outputs: computer generated voice transmitted to
pilots; telephone port for dial -up service and software updates; output port for a video display;
input/output ports for up to 8 remote display terminals, and an output to the national weather
network.
H. Real Time Clock. The system shall report date and time. This information will be used in
system displays, computer -generated voice output, etc. The day shall be expressed in Gregorian
Calendar. Hours and minutes shall be indicated numerically from 0000 to 2359. The clock
function shall be accurate within 15 seconds a month. The clock shall be backed with a battery
which will operate the clock for a minimum of 30 days. The system shall be delivered with the
clock set to UTC (Universal Time Constant).
I. Power Outage. The system shall return to normal operation without human intervention after a
power outage. The system shall not output erroneous data when power is restored.
J. Data Archiving. The processor shall retain 1-year worth of weather reports and system
maintenance activity and have download capability to a USB drive, for use by accident
investigators. The interval between archived reports shall be 5 minutes or less.
A method shall be provided for the retrieval of archive reports, and the operator shall be able to
suspend the updates or archived weather reports to freeze the data until retrieval may be
accomplished. In the event of power loss, the archive data shall be retained indefinitely within
the processor hard disk.
K. System Constants. The following system constants shall be stored in data files on the hard disk
drive.
1. Elevation of the pressure sensors at the installation site (MSL).
2. Magnetic variation of the installation site, to the nearest degree.
3. AWOS facility identification.
4. Constants required to convert pressure to altimeter setting.
5. System configuration parameters (sensors, peripherals, interface, port assignments, etc.).
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126-2.5.9 Operator Terminal (OT)
A. Product Editing. The Operator Terminal shall have the capability to do product editing. This
function allows an authorized observer to initiate or change any observation product. A specific
"editing" password shall control access to this function. Manual entries of weather phenomena
not automatically observed shall be placed in the remarks section of the observation and will not
be included in the voice message. In the case of sensor failure or an incorrect AWOS output, an
operator shall have the capability to replace the incorrect parameter value with a missing symbol.
The Operator Terminal shall consist of all necessary interface equipment, video display monitor,
detachable keyboard, mouse, speakers, microphone and audio output equipment rack mounted
and lockable on three sides.
B. Security. The system shall require the operator to enter a security code in response to system
queries prior to allowing him to proceed with the entry of data.
C. Telephone Hook-up. The telephone hook-up shall provide an audio output on an assigned dial -
up telephone number. The telephone line shall be provided by others. The phone line shall be
terminated at the data processor location.
D. Periodic Data Validation. Where an operator terminal is used to modify the report, all
manually entered data shall be automatically time tagged by the system. The data shall be valid
until the next hourly or manually entered observation. In order to retain the manually entered
data in the system, the operator shall be required to revalidate his entries hourly. The data shall
be retained in the observation until the "on -the -hour" observation, when it must be revalidated.
E. Remote Maintenance Monitoring. Remote maintenance monitoring shall be accomplished
over the voice line at a minimum baud rate of 9600.
126-2.5.10 Voice Subsystem. The voice subsystem shall provide high quality computer -
generated speech for output of the AWOS observation. A high level error -checking scheme shall
be incorporated to prevent erroneous outputs. The voice subsystem shall provide the speech for
the local ground -air radio broadcast and for telephone dial -up users.
The voice subsystem shall have the capability for the addition of up to two (ninety seconds each)
manually input voice messages. These messages will be voiced at the end of the computer -
generated voice message. The programming of the manual input voice messages shall be
accomplished using a microphone. Security access code shall prevent unauthorized use. The
system shall automatically play back the recorded message and allow the user to reprogram,
delete or accept the messages.
A. The voice subsystem shall have the following features:
1. The voice signal shall deliver a minimum of 1 milliwatt of power into a balanced 600
ohm line. The output amplitude shall be adjustable to nominal 0 db.
2. The voice message shall be output continuously with approximately a 5-second delay
between the completion of one message and the beginning of the next.
.E
3. If the voice message is in process of output when the new AWOS observation is received,
the output message will be completed without interruption; voice transmission of the new
AWOS observation will begin upon completion of the next delay time.
4. The quality of the automated speech shall provide clear reception from telephone and air -
ground radio receivers.
5. The format and sequence of the voice message shall be in accordance with FAA order
7110.10, Flight Services Handbook. When any weather parameter is reported missing due to a
disabled or inoperative sensor, as determined by internal AWOS checks, the voice report shall be
"(parameter) missing", e.g., "wind speed missing", "cloud height missing", etc. The UCT time
of the observation will be given after the location identification.
6. If a valid data update is not received prior to the start of the next voice transmission, the
last valid data set received shall be used to compose the voice message. Failure to receive a data
update for more than five minutes shall result in the termination of the voice output and
generation of a failure message. In this event, the AWOS shall output the message "(station
identification) automated weather observing system temporarily inoperative".
7. The system shall contain an automatic telephone -answering device that will permit user
access to the voice message via the public telephone system. The incoming call shall be
answered prior to completion of the second ring, and the radio signal in progress at the time the
call is received shall be placed on line. The voice subsystem shall automatically disconnect
when the weather observation has been completely transmitted twice.
8. Hook-up for telephone audio output on an assigned dial -up telephone number shall be
provided by others.
9. The system shall contain a headset or speaker for monitoring the voice output.
126-2.5.11 VHF Transmitter. It is FAA policy that the output of the AWOS will be transmitted
on an existing navigational aid voice outlet whenever possible. If there is no navigational aid
available, then the output will be broadcast via a separate VHF transmitter. The transmitter
operates in the 118-136 MHz band. The transmitter must have an FCC type acceptance and have
the following operational parameters:
A. Channel spacing: 25 KHz
B. RF Power Outlet: 10 watts maximum
C Frequency Stability: t 0.00 1% (-30C to +60C)
D. Emission Type: 6A3
E. Spurious and Harmonic Emissions: 80 db minimum up to 90% modulation.
126-2.6 Eauiument Enclosure. AWOS components not designed for outdoor use shall be
located in the terminal building as shown in the plans and in accordance with manufacturer and
FAA guidelines. All outdoor enclosures will be NEMA 4X enclosures. Hardware will be
stainless steel.
126-2.7 Concrete. The concrete shall have a minimum twenty-eight (28) days compressive
strength of 3,000 PSI, or as specified by the project engineer.
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126-2.8 Reinforcing Steel. Reinforcing steel and bars shall not be used in the tower and sensor
foundations. AWOS manufacturers shall submit foundation drawings showing the materials in
the foundations.
126-2.9 Conduit. Conduit shall be used between the AWOS tower and sensor foundations for
both power and signal cables. The conduit shall meet the requirements of the national electrical
code and local code.
126-2.10 Wire and Control Cable. Wire and control cables shall meet the requirements of the
national electric code, local electric code and AWOS equipment manufacturer's
recommendation. Control cables shall be the manufacturer's required number of pairs plus two
spare pair. Each pair is to be individually shielded.
126-2.11 AWOS Data Link. AWOS system shall utilize wireless technology for transmitting
AWOS data from the tower and sensors to the video display, printer, and audio output. The data
shall originate at the tower site and broadcast via UHF discreet transmitter or land -line
communications. The contractor is responsible for providing FCC frequency.
126-2.12 Tower. The tower shall not exceed the height specified in the drawings. The tower
shall conform to all AWOS equipment manufacturer's specification.
126-2.13 Painting. The tower shall be painted with alternating bands of aviation surface orange
and white in accordance with AC 70/7460-1, latest edition. The band widths shall be 1/7 of the
height of the tower and perpendicular to the vertical axis of the tower with the bands at each end
colored orange. Paint and aviation colors referenced to in the specifications should conform to
Federal Standards FED-STD595, Colors as follows:
A. Orange Number 12197 (Aviation Surface Orange)
B. White Number 17875 (Aviation White)
The tower shall be primed in accordance with the manufacturer's specifications prior to painting.
126-2.14 Obstruction Light. A dual L-810 obstruction light will be placed within 5' (1.5m of
the top of the tower in accordance with FAA requirements and manufacturer's plans and
specifications. The two lamps on the L-810 are to be wired in parallel on a dedicated circuit.
126-2.15 Transient and Lightning Protection. AWOS equipment is to be protected against
damage or operational upset due to lighting -induced surges on all sensor input lines, sensor
supply lines and incoming power and data communication lines. Equipment and personnel shall
be protected from lightning surges and voltages, from power line transients and charges.
Lightning protection systems shall be designed and installed in accordance with the Lightning
Protection Code, NFPA 780, latest edition, and manufacturer's recommendations for all
equipment structures.
126-2.16 NADIN / WMSCR Interface. The AWOS system is capable of interfacing to the
equipment of a vendor that is approved to download information through the National Airspace
Data Interchange Network (NADIN) and into the Weather Message Switching Center
Replacement (WMSCR). The second tier vendor's services are not required.
62
126-5.17 Test Equipment AWOS test equipment according to the manufacturer's FAA
approved maintenance plan. This test equipment includes all standards as specified in the
AWOS manufacturer's Operations and Maintenance Manual.
126-2.18 Scares As recommended by manufacturer.
126-2.19 Maintenance Asreement. The Contractor shall provide one (1) year maintenance
agreement. An agreement from the Manufacturer to the Owner is acceptable for providing this
service. The agreement shall begin on the date of FAA commissioning and shall include all
required inspections as defined by the AWOS manufacturer. The maintenance agreement shall
include remote maintenance monitoring (RMM) of the AWOS to determine when the system is
malfunctioning.
126-2.20 Warrantv. The Contractor shall warranty the AWOS for one year from the completion
and acceptance of commissioning. The warranty shall include all materials and labor necessary
for replacing any item that fails during the warranty period per manufactures standard warranty.
126-2.24 Ouerator Training. The AWOS manufacturer shall provide a two to three (2-3) hour
training session onsite for the Owner's representatives.
CONSTRUCTION METHODS
126-3.1 General. The installation and testing of the equipment shall be completed in accordance
with the national electric code, local electric code, AWOS equipment manufacturers and FAA
guidelines. Contractor or manufacturer shall have a certified technician available and present for
the checkout and commissioning of the system. The technician should have previous experience
in commissioning an AWOS III/T system.
METHOD OF MEASUREMENT
126-4.1 AWOS SYSTEM. The Contractor shall furnish and install the AWOS III/T sensors,
peripheral equipment, UPS, EMI and lighting protection, communication cable to peripherals,
connection to existing equipment, and other incidentals for a turnkey installation. The AWOS
system equipment installed by the Contractor shall be measured as a lump sum, complete, in -
place unit ready for operation, properly installed and accepted by the Inspector ready for FAA
commissioning.
No Separate measurement will be made for: test equipment, spare components, maintenance
agreement, warranty, or operator training. Power and control cable, concrete foundations,
including phone lines will be provided by the airport. These items shall be considered incidental
to the lump sum bid of "AWOS System Level III PT".
BASIS OF PAYMENT
126-5.1 AWOS SYSTEM. Payment will be made at the contract unit price for the complete
AWOS III/T system, installed in -place by the Contractor and accepted by the Inspector and
manufacturer. This price shall be full compensation for furnishing all materials, assembly and
installation of these materials, labor, equipment, tools and incidentals necessary to complete this
item.
ADDITIONAL NOTES:
Input power is supplemented by an emergency backup generator. Thus, an APU backup system
is not required.
63
II. Bidder to coordinate with FCC and facilitate application for VHF and UHF frequencies.
III. City of Sebastian will perform all preliminary civil work (tower foundation and power).
IV. Bidder to provide site survey and filing of FAA 7460-1.
END OF ITEM L-126
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