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HomeMy WebLinkAbout Football Field Expansion Barber Street - NorthQTY OF O "099114FAARIN, BID DOCUMENTS BARBER STREET SPORT COMPLEX NORTH FOOTBALL FIELD EXPANSION Prepared by: III_ NEEL-SCHAFFER = Solutions you can build upon NEEL-SCHAFFER, INC. 1201 19r" PLACE, SUITE A-100 VERO BEACH, FLORIDA — 32960 For: CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FLORIDA — 32958 March 16, 2011 NOTICE OF INVYFATION TO BID SEALED BIDS FOR A LICENSED CONTRACTOR TO PROVIDE "SEBASTIAN NORTH FOOTBALL .. FIELD EXPANSION" WILL BE ACCEPTED BY THE CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958, UNTIL 2:00 PM ON APRIL 18, 2011. BID ENVELOPES ARE TO BE MARKED AS FOLLOWS: BID: SEBASTIAN NORTH FOOTBALL FIELD EXPANSION BID SUBMITTAL: April 18, 2011 by 2:00 P.M. BID OPENING: April 18, 2011, beeinnine at 2:00 P.M. The City of Sebastian is seeking bids from licensed contractors to "Provide Recreational Improvements to the Barber Street Sport Complex" at designated location in the City of Sebastian. The Contractor shall be able to be properly licensed in the City of Sebastian and shall provide proof of insurance to conduct its business, with all licenses, permits, & certificates as may be required by all local, State of Florida, and Federal Agencies. The Contractor shall submit a current license from the State of Florida must be capable of obtaining the appropriate licenses and certificates to perform the project in the City of Sebastian. Contractors interested in submitting a bid may pick up or request a bid package containing instructions for bidders and specifications from the City Manager's office located at City Hall on the second floor at 1225 Main Street, Sebastian, Florida 32958. There is a non-refundable cost of $40.00 for the bid package. All items bid shall conform to the Bid Documents unless specifically approved in advance in writing by the City. _ This project calls for a Bid Bond in an amount not less than 5% of the base bid amount as well as a Performance and Payment Bonds on any resulting contract. Any person or affiliate who has been placed on the convicted vendor list following conviction for a public entity crime may not submit a bid as proscribed by Section 287.133, F.S. Any bids received without Bid Proposal Form, Bid Bond (in the amount of 5% of the Base Bid Amount), References Proof of Contractor's License(s), Public Entity Crimes Form, the Dru Free Workplace Form, and Proof of Insurance (in the amounts specified in the Contract Documents will be considered incomplete and may, at the City's sole discretion, be immediately disqualified. Any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid as proscribed by Section 287.133, F.S. At the .� time of execution of the Agreement, the successful bidder will be required to submit Performance and Payment Bonds, each in an amount equal to 100% of the Agreement amount Questions concerning this bid should be directed to Neel -Schaffer, Inc, the City's Engineer of Record for this project, at the Neel -Schaffer offices located at 1201 19th Place, Suite A400, Vero Beach, Florida 32960 by email: Frank.WatanabeAneel-schaffer.com. All questions will be submitted by email to the above email address by April 6, 2011. No comments will be accepted after that date. There is a mandatory pre-bid conference scheduled to begin at 2:00 P.M. on Wednesday March 30, 2011, at the address stated above in City Hall on the second floor in the conference room. Bids duly submitted will be publicly opened and read aloud at the date and time specified above in City Hall. The City reserves the right to reject any and all bids, or to accept any bid or portion thereof deemed to be in the best interest of the City, and to waive any non -substantial irregularities. BY: City of Sebastian Al Minner, City Manager N-1 ^ -- TABLE OF CONTENTS ^ ^ ^ ^ 1. Notice of Invitation to Bid.................................................................................................... N-1 2. Table of Contents....................................................................................................................... i ^ 3. Instructions for Bidders...........................................................................................IB-1 to I13-6 4. Bid Proposal Price Form............................................................................................. P-1 to P-2 5. Drug Free Work Place Form................................................................................................. D-1 6. Public Entity Crime Form.......................................................................................... C-1 to C-4 .. 7. Bidder Qualification Questionnaire........................................................................... B-1 to B-4 8. Bid Bond...............................................................................................................BB-1 to BB -3 9. Payment and Performance Bond............................................................................PB-1 to PB -3 ^ 10. Construction Services Agreement...........................................................................A-I to A-10 11. Technical Specifications....................................................................................Section-I to 11 ^ 12. Construction Plans....................................................................................................Attachment ^ ^ ^ CITY OF SEBASTIAN ., INSTRUCTIONS FOR BIDDERS 1. PRE-BID CONFERENCE (ONLY IF CALLED FOR IN THE NOTICE OF INVITATION TO BID) A mandatory pre-bid conference shall be held at the City of Sebastian City Hall, 1225 Main Street, .. Sebastian, Florida- 32958 at the time and date specified in the Notice of Invitation to Bid. All prospective bidders are required to attend this conference. Questions concerning the project or bid requirements may be addressed at this time. 2. REQUIRED COPIES r Two (2) sets of bids shall be submitted on the Bid Proposal Price Form provided, including any other forms, proofs, and documents as required. r 3. SEALED BIDS Bids shall be enclosed in a sealed envelope which shall show (lower left corner) 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 r Bids not considered are Late Bids, telegraphed or faxed Bids and bids which do not conform to the instructions contained in the Notice of Invitation to Bid. Bids may be withdrawn by fax or telegraph r provided that such notices are received prior to the date and time specified in the Invitation. 5. BID OPENING r 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 r shall be present at all Bid openings. _ 6. BID EXAMINATION Bid files may be examined during normal working hours, ten (10) days after bid opening, by appointment only, by contacting the City Clerk's office at 772-589-5330. 7. REQUIRED INFORMATION Bidders shall follow all instructions and provide all information requested on the Bid Proposal Price .. Form. Bidders wishing to qualify all or any portion of the bid shall provide a hand printed or typed explanation on the bid or separate attachment to be submitted with the bid. 8. BIDDER QUALIFICATION QUESTIONNAIRE Bidders shall include the completed Bidder Qualification Questionnaire with the submitted bid r proposal. The submitted Bidder Qualification Questionnaire will be reviewed by the City, if the bidder is the lowest bidder for this project. 9. ACCEPTABLE BIDS Bid proposals shall be typewritten or filled in with ink. Any erasures or corrections must be initialed by the Bidder in ink. .+ 10. NEW EQUIPMENT AND MATERIALS Prices shown on the bids shall be prices for new equipment and materials, and the successful bidder shall warrant same for a period of not less than one (1) year from the installation date, or as otherwise stated. .. H. 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 .o goods or services purchased to fulfill the contractual obligations with the City, nor shall any Contractor or Vendor be authorized to use the City's Tax Exemption Number in securing such materials. 12. CONFLICT OF INTEREST Contract Award is subject to provisions of State Statutes and City Ordinances. All Bidders must .. disclose with their bid the name of any officer, director, or agent who is also an employee of the City of Sebastian; further, all Bidders must disclose the name of any City employee who owns, directly or .. indirectly, an interest of ten percent (10%) or more in the Bidder's firm or any of its branches. Should the successful Bidder permanently or temporarily hire any City employee who is, or has been, directly involved with the Bidder prior to or during performance of the resulting contract, the Agreement shall be subject to immediate termination by the City. r 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 Karen Park, the Administrative Assistant at the Building .. Department 772-589-5537 and insure compliance with all City ordinances, rules and regulations, including Building Permits if required. Lack of knowledge by the Bidder shall in no way be a cause for relief from responsibility. Failure to comply with the above may result in the rejection of the Bid. Two (2) copies of any license or certification as required shall be submitted with the bidding documents. A certificate or letter showing compliance with the City's Contract Licensing requirements must be obtained from the City's Building Department, and is required on this project prior to execution of a contract, and shall be submitted to the Purchasing & Contract Administrator with any payment/performance bonds which may be required. In essence, this authorizes you to perform work ■. in the City of Sebastian. Any Sub-Contractor(s) must also be certified. M 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. r. 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. W IB -3 17. DRUG-FREE WORKPLACE The Drug -Free Workplace form, as attached hereto, shall be submitted with the bidding documents. 18. BID GUARANTEE The Bidder warrants that the unit prices, terms, and conditions quoted in the bid will be firm for acceptance for a period of not less than sixty (60) days from the bid opening date. Such prices will remain firm for the period of performance of resulting purchase orders or contracts which are to be performed. 19. BID BOND (ONLY IF CALLED FOR IN THE NOTICE OF INVITATION TO BID) A Bid Bond equal to five percent (5%) of the bid amount shall be required on this project, and �+ must be submitted along with the three (3) copies of the Bid, failure to do so will automatically disqualify the Bid. Unsuccessful bidders shall be entitled to return of surety after final award of bid. A successful bidder shall forfeit the amount of it's security upon failure on his part to execute .. a agreement within ten (10) days after receipt of a proposed agreement from the City unless the time for executing the agreement is extended by the City Manager. See form Notice of Award attached. 20. PAYMENT AND PERFORMANCE BONDS (ONLY IF CALLED FOR IN THE NOTICE OF INVITATION TO BID) A Payment and Performance Bond equal to one hundred percent (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. 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 Manager and City Attorney. In lieu of a bond(s) the contractor may furnish as security in favor of the City a certified check, a cashiers check or an irrevocable letter of credit. The check or letter of credit shall be drawn on or issued by a bank authorized to do business in _ the State of Florida. The form of the check or letter of credit must be approved by the City Manager and City Attorney. .. 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. IB -4 ^ 21. LIQUIDATED DAMAGES _ The City shall be entitled to liquidated damages in the amount of one hundred Dollars ($100.00) per day for every day that the Contractor is late in completing the work requirements for each Phase as stipulated in the agreement, and bidding documents. Said ^ damages shall be deducted by the City from monies due Contractor. 22. INSURANCE ^ All bidders shall submit evidence of insurance as follows; Auto Liability, Workers Compensation, and General Liability. Cost for all insurance shall be born by the bidder. All insurance shall be acceptable to the City in its sole discretion. 23. BID AWARD ■. The contract/agreement will be awarded to the lowest responsive and/or responsible Bidder whose bid, conforming to the specifications and Instructions For Bidders, will be most advantageous to the City in consideration of price, time of performance, and other factors as determined by the City. The Purchasing Agent shall issue a notice of award, if any, to successful bidders. 24. REJECTION OF BIDS The City reserves the right to reject any and all Bids, to waive any and all informalities not ,. involving price, time, or changes in the work, and to negotiate contract terms with the successful Bidder, and the right to disregard all non -conforming, non-responsive, imbalanced, or conditional Bids. More than one Bid from an individual, firm or association under same or different names, ^ will not be considered. Any or all Bids will be rejected if there is reason to believe that collusion exists among the Bidders, and no participants in such collusion will be considered in future ^ proposals for the same work. 25. REFERENCES ^ A list of References is required, but is not required to be submitted with the Bid proposal. However, a list of References must be providedto the City, prior to any Contract Award. ^ 26. LIST OF SUB -CONTRACTORS A list of Sub -Contractors is required, but is not required to be submitted with the Bid proposal. However, all Sub -Contractors must be approved by the City, prior to any Contract Award. 27. CO-OPERATIVE PURCHASING .. It is the intent of the Notice of Invitation to Bid to secure goods or services to be used by the City of Sebastian. However, by virtue of bidding, the Bidder accepts the right of other Government 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 that they will take whatever steps are necessary to accept Visa before the start of the contract. The City of Sebastian reserves the right to revise and/or cancel this program at any time, and assumes no liability for such action. ^ 30. PUBLIC RECORDS Florida law provides that municipal records shall at all times be open for personal inspection by ^ any person. Section 119.01 F.S., The Public Records Law. Information and materials received by the City in connection with all Bidder's responses shall be deemed to be public records subject to public inspection upon award, recommendation for award, or 10 days after the bid opening, ^ whichever occurs first. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. Therefore, if the Bidder believes any of the information ,.. contained in his or her response is exempt from the Public Records Law, then the Bidder must in his or her response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City will treat all materials received as public ^ records. /B-6 "SEBASTIAN FOOTBALL FIELD EXPANSION" �r Bid Due: No Later Than 2:00 P.M. on Monday, April 18, 2011 M Bid Opening: Beginning at 2:00 P.M. on Monday April 18.2011 BID PROPOSAL PRICE FORM The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein and having attended a Pre -Bid Conference / Meeting, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda which may have been issued prior to this submittal. By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the r. 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 construction bid items for this project is listed on the following page to be completed and submitted as part of the bid documents. The City has the right to award this project based on the total bid estimate and other factors to be considered by the city. NOTE: VENDOR WARRANTS TOTAL CONTRACT TIME SHALL NOT EXCEED 60 CONSECUTIVE CALENDAR DAYS. Name of Firm (Please Type or Print) r� Firm's Address: A M Telephone Number(s): Fax Number(s): Email Address (es): Name and Title of Authorized Representative (Please Type or Print) Signature of Authorized Representative Date Signed City of Sebastian North Football Field Expansion — Page 2 Bid Items to be completed and submitted M FOOTBALL FIELD EXPANSION/IRRIGATION $ SIDEWALK, DRIVEWAY, PARKING LOT DRAINAGE AND SMALL LIGHT POLE RELOCATION S FOOTBALL FIELD SUBDRAIN SYSTEM S TWO NORTHERN LIGHT POLE RELOCATION $ TOTAL PRICE NOTE: VENDOR WARRANTS TOTAL DELIVERY, INSTALLATION AND COMPLETION TIME SHALL NOT EXCEED 60 CONSECUTIVE CALENDAR DAYS. s on M —1 A w A P2 - 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. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: M D-/ Signature M BIDDER QUALIFICATION QUESTIONNAIRE (This form is not required to be included in the bid proposal submittal. However, prior to any Contract Award, such Bidder qualification Questionnaire must be completed and submitted by the Bidder, and reviewed and approved by the City.) Submitted by Name of Bidder General Contractor's License # ( ) An Individual ) A Partnership ( ) A Corporation Federal Identification #_ Principal Office Address: M (1) How many years has your organization been in business as a contractor under your present name? P" ., (2) How many years experience in road and utility construction work has your organization had as a contractor? As a Subcontractor? W (3) List below the requested information concerning projects your organization has .� completed in the last five (5) years for the type of work required in this project. (Use additional sheets if necessary). Include the type of work similar to the work included in this contract if possible. .. Project Contract Required Actual Name/Address/Tel Title Amount Completion Date Completion Date of Owner am M a -i (4) Have you ever failed to complete any work awarded to you? If so, where and why? M r ., (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. r. (6) Has any officer or partner of your organization ever failed to complete any construction contract handled in his own name? If so, state name of individual, name of owner and reason therefore. (7) Give below any information which would indicate the size and capacity of your organization, including number of employees, equipment owned by your organization, etc., which are available for utilization on this Contract. (8) What is your bonding capacity? (9) What amount of your bonding capacity has been used as of the date of this bid? e -z M (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.) W B-3 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) M W W B-4 PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form swom statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment .. from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete .. this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. �. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a 'convicted vendor' list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or .. Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be ., provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for ,. category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal �* Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. _ THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON- INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. C-1 OR SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by (name of entity submitting sworn statement) whose business address is and (if applicable) .. its Federal Employer Identification (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 3. My name is (please print name of individual signing) and my relationship to the entity named above is 4. 1 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. 1 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. �' C-2 OR 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. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, .. means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) ., Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and M 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.) C-3 M VJ 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 of 2011 by - , (title) on behalf of (name of partnership), a partnership. He/she is personally known to me or has produced as identification and did () did not ( ) take an oath. Name: My Commission Expires: Commission Number: C-4 M STATE OF FLORIDA) COUNTY OF INDIAN RIVER) .. CITY OF SEBASTIAN) M W BID BOND 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 (40) days after date of opening the same and shall within twenty (20) days after the prescribed forms are presented to him for signature, enter into a written contract with the City, in accordance with the proposal as accepted, and give bond with good and sufficient surety of sureties, as required, for the faithful performance and proper fulfillment of such contract; and, (b) In the event of the withdrawal of said bid within the period specified, or the failure to enter into such contract and give bond within the time specified, if the principal shall pay the City the difference between the amount specified in said bid and the amount for which the city may procure the required work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above -bounded parties have executed this instrument under their several seals, this day of , The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative. Pursuant to authority of its governing body. WITNESS: If Sole Ownership or Partner ship, one PRINCIPAL: (1) Witness is required. If Corporation, Secretary only will attest & affix seal.) Name of Firm Surety Secretary The rate of premium of this bond is perthousand. Total amount of premium charges _ Affix Seal (Signature of Authorized Officer) (Business Address) (City) (State) (zip) SURETY: (Corporate Surety) Affix Seal (Signature of Authorized Officer) (Title) (Business Address) (City) (State) (zip) (Name of Local Insurance Agency) (Address) (The above must be filled in by Corporate Surety.) CERTIFICATES AS TO CORPORATE PRINCIPAL 1 , 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) W �+ State of Florida County of Indian River City of Sebastian Before me, a Notary Public duly commissioned, qualified and acting, personally appeared; to me well known, who being by me first duly swom upon oath, says that he is the attorney in fact for the , and that he has been authorized by Contractor named therein favor of the City of Sebastian, Florida. Subscribed and sworn to before me this day of Notary Public My Commission Expires M M PAYMENT AND PERFORMANCE BOND (This form provided by Owner as an example of the form of bond; the actual bond form must conform to the standards required by Florida Statues) KNOWN ALL PERSONS BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) (Corporation, Partnership or Individual) (Name of Surety) (Address of Surety) , hereinafter called Principal and _ hereinafter called Surety, are held and firmly bound unto ("Owner'), whose address shall be known as in the total aggregate penal sum of 100% M of the contract amount equivalent to (written amount of contract) (numerical amount) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our hens, executors, administrators, successors, and assigns jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the Owner, dated the day of 2007, a copy of which is hereto attached and made a part hereof, for NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contracts during the original term thereof, and any extension thereof which may be granted by the Owner, with or without notice to the SURETY and during the one year guaranty period and if the PRINCIPAL shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save barmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner for all costs which it may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. _ PROVIDED, FURTHER, that the said SURETY, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of r contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that it is expressly agreed that the BOND shall be deemed amended, automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not _ increasing the contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the contract as so amended, the term "Amendment', wherever used in this r BOND, and whether referring to this BOND, or the Contract shall include any alteration, addition, extension, or modification of any character whatsoever. .� PROVIDED, FURTHER, that no final settlement between the Owner and the PRINCIPAL shall abridge the right of the other beneficiary hereunder, whose claim may be unsatisfied. The Owner is the only beneficiary hereunder. r IN WITNESS WHEREOF, this instrument is executed in counterparts, each of which shall be deemed an original, this the day of 2007. ATTEST: (Principal) By: (Principal) Secretary Signature _ (SEAL) Printed Name & Title r r (Witness as to Principal) Address PROVIDED, FURTHER, that no final settlement between the Owner and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. r WITNESS WHEREOF, this instrument is executed in counterparts, each of which shall be deemed an original, this the day of 2003. 'p r W ATTEST: (Principal Secretary) (SEAL) (Witness as to Principal) (Address) ATTEST: (Witness as to Surety) (Address) (Principal) By: (Signature) (Printed Name and Title) (Address) (Surety Typed or Printed) (Attomey-in Fact Signature) (Printed Name and Title) (Address) Note: Date of Bond must not be prior to date of the Agreement. If Contractor is a partnership, all partners should execute the Bond. IMPORTANT: 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. 12 1w M M CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this _ day of , 2011, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida 32958 ("City") and ("Contractor"), sets forth + that: WHEREAS, The City desires to engage a Contractor who has special and unique + competence in order to complete the Project; 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 the requirements of law; and + WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE AGREED as follows: 1. TERM. This Agreement shall provide the Contractor with sixty (60) days to substantially MR complete the project after the Notice to Proceed is issued. Failure to complete the project within these time parameters will result in liquidated damages, as provided in paragraph 25 this Agreement. - 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called Contract + Documents) consist of this Agreement, Supplemental Agreement(s), Bid Proposal Price Form, Instructions to Bidders, the Design Specifications, Contractor Qualification Questionnaire, Attachments, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, written modifications issued after execution of this Agreement if any, shall be incorporated herein and are to be construed as part of this Agreement. a. Intent. The Agreement and Design Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Design Specifications are established to provide detail and design specifications for the Project. The intent of the Agreement Documents is to set forth requirements of performance. It is also intended to include all labor and supervision, materials and supplies, equipment and tools, and transportation necessary for the proper execution of the Work, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferring from them as being necessary to produce the intended results. W b. 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. c. 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. d. 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. e. Federal and State Funding. If applicable, Contractor agrees to follow and provide all such required documentation as provided in the Contract Documents. 3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees to engage the Contractor and the Contractor hereby agrees to construct the Project in accordance with the Agreement Documents. 4. DESIGN SPECIFICATIONS AND RELATED DATA. The intent of the Design Specifications and other Agreement Documents is that the Contractor furnishes all labor, supplies and materials, tools and equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the Agreement Documents and all incidental work .. considered necessary to complete the Work and/or operation in a manner acceptable to the City. Any discrepancies found between the Design Specifications and site conditions, or any errors or omissions in the Design Specifications, shall be immediately reported to the City. The City 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 of errors or omissions in the Design Specifications may be made by the City when such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the parties and must be issued as a written change order before any such additional work is performed or no additional compensation shall be made. M The fact that specific mention of any part of work is omitted in the Design Specifications, whether intentionally or otherwise, when the same are usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be performed and completed the same as if called for by the Agreement Documents. All work, equipment, tools, supplies and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in the Design Specifications, shall be furnished and executed the same as if they were called for by the same. The Contractor will not be allowed to take advantage of any errors or ., omissions in the Design Specifications. The City will provide full information when errors or omissions are discovered. ^ In any conflict between the general terms of this Agreement, and the Design Specifications, the provisions of the latter shall prevail. .. 5. COMPENSATION. Payment shall be made in accordance with the prices set forth in the attached "Bid Proposal Price Form", consisting of the Contractor's specified prices. At time of billing, the Contractor shall submit an invoice with the supporting documents that .+ all work is complete and accepted by the City and that payment shall be made within thirty (30) days of receipt. a. 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 a 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. b. Unit Price. The City reserves the right to increase or decrease the unit amounts at any time. The Unit Price on the Bid Sheet is a fixed rate. The total cost represents .. estimated quantities to complete the Work. If the City increases or reduces the Work, the payments to the Contractor shall likewise be increased or reduced in appropriate amounts based on the Unit Price. 6. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have ^ control over workmanship, means, methods, techniques, 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, supplies, equipment, tools, transportation, 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 must have proof of ownership, or a signed lease for the duration of the Contract for equipment and tools suitable and necessary for meeting the Work requirements of this Contract. The Contractor shall keep on hand a sufficient supply of back-up equipment to ensure the timely and continue fulfillment of this Agreement. Unless otherwise provide in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses and permits necessary to perform the Work required under the Contract Documents. The Contractor shall arrange to minimize the obstruction of streets and right-of-ways areas, and keep streets, sidewalks and driveways open for traffic whenever possible. The Contractor shall block portions of streets, sidewalks and driveways only when required by local authorities and ordinances and when deemed necessary to protect persons and property. The Contractor shall secure all permits and licenses required by law and ordinances, pay all charges and fees, and give all notices necessary regarding the temporary obstruction of streets, sidewalks and driveways. 7. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub -Contractors required for services which are necessary to complete the Work described in this Agreement. All services under this Agreement shall be performed by the Contractor or sub -Contractor and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. The Contractor shall at all times be responsible for the conduct and discipline of his .. employees and/or any sub -Contractor or persons employed by sub -Contractors. All personnel shall, at all times, present a neat appearance, and all Work shall be performed and all complaints handled effectively and efficiently with due regard to City public relations. The City and the Contractor shall be immediately notified by each other of any complaints received. 8. TERMINATION OF CONTRACT WITH OR WITHOUT CAUSE. This Agreement may be suspended or terminated by the City with or without cause provided at least five (5) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty (30) days, the Contractor shall be compensated for services rendered up to the time of such termination. W 9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done by the Contractor shall be subject to the review, inspection and acceptance of the Project Manager and City. Any and all technical questions which may arise as to the quality, completeness and acceptability of work performed, or work to be performed, interpretation of Design Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the City Manager who will resolve such questions. All Work shall be subject at all times to inspection and review by the Project Manager and the City. In addition, the inspection and review may also include and apply to the tools and equipment used by the Contractor for the performance of Work. Upon request or on his/her own initiative, the Project Manager will accompany the Contractor to work areas to further clarify requirements. All Work described in this .. Agreement shall be performed at the request of the City. The Contractor shall also provide detailed weekly schedules as required by the Design Specifications. The City shall not be responsible for the acts or omissions of the Contractor. 10. PROJECT SCHEDULES. The Contractor shall perform the services required by this ■* Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Contractor. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension 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 Manger 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 documented. 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, by serving written notice of suspension to the Contractor. In the event that the Project Manager shall become aware of any condition that may be cause for suspension of the Work, the Project Manager shall immediately advise the City of such condition. The Contractor shall not suspend .s operations under the provisions of this Paragraph without the City's permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the work was suspended; except 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. 11. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall exercise precaution at all times for the protection of persons and property. The Contractor shall strictly comply with all safety provisions of all applicable laws and ordinances and 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. The Contract requires that the Contractor and any and all sub -Contractors 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 sub -Contractors. The Contractor agrees that it is his responsibility that all personnel working on or in proximity of the roadway shall comply with and wear protective gear as described in the Manual on Uniform Trak Control Devices (MUTCD), International Municipal Signal _ Association (IMSA) work zone traffic control safety requirements and other approved standards. 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 tools 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 sub -Contractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, �. structures and utilities. 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 Project Manager and City of the emergency as soon as practicable, but Contractor shall not wait for instruction before proceeding to properly " protect both life and property. The City has the right to order the Contractor to discontinue hazardous work practices upon verbal or written notice. It is required that the Contractor keep and maintain all the necessary protective devices in place and in proper condition at all times where Work is being performed to prevent injury to persons or damage to public or private property. The Contractor shall be held fully responsible for such safety and protection until the end of the Term and/or termination of this Contract. 12. CLEANING UP. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by Contractor's employees or work. The Contractor shall remove all debris and surplus materials as a result of his work activities and shall leave the work areas clean and shall insure that all debris and other w unsightly objects are removed and disposed of in a satisfactory manner. It is the Contractor's responsibility to remove all such surplus materials and debris from streets, driveways and sidewalks as work progresses in order that the public will have adequate use of the affected streets, sidewalks and driveways. The Work will be considered complete only after all debris and surplus material due PW 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. 13. REPORTING DAMAGE. Any vandalism, storm damage or damage by the Contractor, sub -Contractor or suppliers to the area or trees, bushes, culvert pipes, storm water swale lines, street signs, end walls, walks, utilities or City property shall be reported to the City immediately by the Contractor. Damage to City property for which the Contractor is responsible will either be repaired by the Contractor or repaired by the City and deducted from the monthly sum due to the Contractor. 14. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub -Contractors or other work which is performed by persons or firms other than the Contractor under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or contractors required by the Contractor in connection with services covered by this Agreement must be specifically approved by the City Manager. 15. 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. 16. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City and no members 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 the services in this Agreement, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 17. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no Federally 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 any 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 any FDOT Joint Participation r Agreement, the undersigned shall complete and submit Standard Form -LLL "Disclosure r Form to Report Lobbying" in accordance with its instructions. 18. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest r and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work 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 r under this Agreement. 19. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. r 20. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the r Contractor under this Agreement. 21. PUBLIC ENTITY CRIME. The Contractor shall file a swom statement with the City r which is attached hereto, 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 section 287.133 of the Florida Statutes. 22. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working r solely for the Contractor to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or any r other consideration contingent upon 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. 23. GUARANTEE. The Contractor shall warrant all equipment and tools furnished by him to perform the Work are in safe and proper operating condition and free of defects. Such .. guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims or breach of contract due to substandard Work or workmanship. `• Any Work which does not satisfactorily meet the Technical Specifications whether the result of poor workmanship, use of defective tools and equipment, damaged through carelessness or from other cause shall be corrected within ten (10) days after written notice is given by the City. The fact that the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to correct rejected work promptly, the City shall impose Liquidated Damages. .. 24. NON-PERFORMANCE CLAUSE. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. Non-performancOdeficiencies as identified by the City to the Contractor shall be addressed in the following manner: If the City identifies any Work Unit or portion thereof as service deficient, the City shall notify the Contractor verbally or in writing as time permits. The Contractor shall be required to correct such deficiencies within ten (10) days. If the deficiency has not been corrected to the satisfaction of the City within the time frame provided, the City may have the work performed by either its internal personnel or a third party and charge the cost against payments due the Contractor. Repeated deficiencies may result in the termination of this Agreement. 25. LIQUIDATED DAMAGES. If the Contractor fails to perform the Work in accordance with the Agreement, the City shall hold all payments request for deficient Work. The City will not pay the Contractor for unsatisfactory performance. If the City determines it is necessary to accomplish the work with its own resources, or hire a third party to perform work that was neglected or done poorly by the primary Contractor, the City may charge back or deduct incurred costs from monies due to the primary Contractor. The Contractor acknowledges that due to the nature of the Work under this Agreement, time is of the essence. The Contractor also acknowledges the difficulties ^` involved in providing the actual losses suffered by the City should the scheduled work not be completed on time. Accordingly, the City may impose liquidated damages for deficiencies and delays of one hundred dollars ($100) per day for each day that the project remain incomplete after the scheduled completion date provided in Paragraph 1. 26. DRUG-FREE WORKPLACE. The contract documents also consist of the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed. 27. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to 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. 28. 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 No insurance as required by law. b. Commercial General Liability — Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. M c. Commercial Auto Liability — Contractor shall purchase Commercial Auto .. Liability insurance with a combined single limit of at least $1,000,000. F-� Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations to protect the Work paid for by the City but not yet accepted. 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): THE CITY OF SEBASTIAN Sally A. Maio, MMC Al Minner City Clerk City Manager Approved as to form and legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney Signed, sealed and delivered CONTRACTOR In the presence of Name: By: Print Name: M Print Technical Specifications M W Section......................................................................................................................................Page 02100. Site Preparation......................................................................................................02100-1 02110. Clearing and Grubbing...........................................................................................02110-1 02140. Dewatering (During Construction)........................................................................02140-1 02260. Finish Grading.....................................................................................02260-1 to 02260-2 02218. Landscape Grading..............................................................................02218-1 to 02218-2 02480. Landscaping, Seeding, Mulching and Sodding....................................02480-1 to 02480-4 02574. Pavement Removal and Replacement....................................................................02574-1 02720. Drainage Structures and Piping...........................................................02720-1 to 02720-6 03300. Concrete...............................................................................................03300-1 to 03300-4 16180. Equipment wiring system...................................................................................... 16180-1 D104. Prevention, Control and Abatement of Erosion and Water Pollution .... D104-1 to D104-6 M W SECTION 02100 SITE PREPARATION PART] -GENERAL 1.1 SCOPE OF WORK A. The work consists of famishing all labor, material and equipment necessary for the removal of all vegetation, ^ waste materials and unsuitable materials from all areas of the site as required for the new construction. 1.2 DESCRIPTION OF WORK — A. The Contractor shall clear and grub all the area within the limits of construction and as required to complete the work. The width of the area to be cleared shall be accepted by the Engineer prior to the beginning of any clearing. All site preparation shall be done in accordance with local clearing, landscape and tree ordinances. — Site preparation includes drying the existing ditch prior to construction. 1.3 JOB CONDITIONS A. Traffic: Conduct site clearing operations to ensure minimum interference with roads and other adjacent — facilities. Do not close or obstruct streets, walks or other occupied or used facilities without permission from authorities having jurisdiction. — B. Protection of Existing Improvements: -Provide protection necessary to prevent damage to existing improvements indicated to remain in place. 1. Protect improvements on adjoining properties. 2. Restore damaged improvements to their original condition, as acceptable to parties having jurisdiction. PART 2 — EXECUTION 2.1 GENERAL ^ A. Remove trees, shrubs, grass and other vegetation, improvements, or obstructions interfering with the construction of the site improvements as shown on the plans. Remove such items elsewhere on site or premises as specifically indicated or as necessary to create a clean, usable, and buildable site free from items such as debris, dead trees, and stumps. Removal includes digging out stumps and roots and clearing out area — for pipe adjustment. The project removal will include the existing Football field grass material, existing sidewalk and relocation of swales and pipes. 2.2 CLEARING AND GRUBBING A. Where required clear site of trees, shrubs and other vegetation. I . Completely remove stumps, roots and other debris. 2. Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. 2.3 DISPOSAL OF WASTE MATERIALS A. Buming on Owner's Property: Burning will not be permitted unless specifically accepted by the Owner and the Engineer. B. Removal from Owner's Property: Remove waste materials, unsuitable spoil materials, and excess top soil from Owner's property and dispose of at an accepted site in a legal manner. — END OF SECTION - 02100 02100-1 - M SECTION 02110 CLEARING AND GRUBBING PARTI- GENERAL 1.1 DESCRIPTION A. Work under this section of the specifications consists of clearing and grubbing for the construction as shown on the plans, and the disposal of materials and debris resulting from the clearing and grubbing operations. The area of _ construction shall be cleared as required, subject to the approval of the Engineer. The extent of clearing shall be minimized to the width required for installation of the work. The Contractor is expected to visit the site of the work and determine the extent of the clearing and grubbing necessary for construction operations. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 CLEARING A. Clearing only consists of the removal of all trees, living or dead, stumps, down timber, brush, rubbish and all other objectionable debris, from the area to be cleared. Trees, stumps and brush may be cut off flush with the surrounding ground surface or removed with a bulldozer at the option of the Contractor. Should selective clearing be desired, the Engineer will select and mark, or otherwise designate, the trees or ornamentals to remain standing. 3.2 CLEARING AND GRUBBING .. A. On areas specified to be cleared and grubbed, all trees, stumps, down timber, brush and other objects standing on or protruding from the ground shall be removed. All roots shall be grubbed and removed a minimum of 18 inches below the surface of the ground. Holes caused by grubbing operations shall be filled to the level of adjacent ground. M M M M 3.3 DISPOSAL A. All material and debris resulting from clearing, or clearing and grubbing, operations shall be disposed of in a manner approved by the Engineer. It shall be the responsibility of the Contractor to obtain any permits for hauling and disposal in the areas where such permits are required and he shall be responsible for any and all damage to surrounding property or areas caused by his hauling operations. 3.4 CLEANUP A. In accordance with the GENERAL CONDITIONS. END OF SECTION - 02110 02110-1 so SECTION 02140 DEWATERING (DURING CONSTRUCTION) M PART I — GENERAL 1.1 DESCRIPTION A. Scope of Work: The work to be performed under this Section shall include the design and installation of .0 temporary well point systems until completion of construction to remove subsurface waters from structures and piping as necessary. The Contractor shall be responsible for all permitting activities, including permit fees, associated with obtaining applicable permits from the SJR WMD having jurisdiction over the installation and operation of the dewatering systems. B. Related Work Described Elsewhere: Section 02221: Excavation, Trenching, Backfilling and Embankment 1.2 QUALITY ASSURANCE �+ A. Qualifications: The temporary dewatering system shall be designed by a firm who regularly engages in the design of dewatering systems and who is fully experienced, reputable and qualified in the design of such dewatering systems. I . Standards: The dewatering of any excavation areas and the disposal of water during construction shall be in strict accordance with all local and state government rules and regulations. M PART 2—PRODUCTS 2.1 GENERAL �. A. The equipment specified herein shall be standard dewatering equipment of proven ability as designed and manufactured by firms having experience in the design and production of such equipment. The equipment furnished shall be designed, constructed and installed in accordance with the best practices and methods. PART 3 —EXECUTION 3.1 INSTALLATION A. Dewatering: The Contractor shall install temporary well point dewatering systems for the removal of _ subsurface water encountered during construction of the proposed structures and pipelines as specified above. The Contractor shall also install temporary monitoring wells to prove compliance with the dewatering depth .� requirements specified herein. 3.2 PROTECTION AND SITE CLEAN-UP A. At all times during the progress of the Work, the Contractor shall use all reasonable precautions to prevent either tampering with the well points or the entrance of foreign material. B. Immediately upon completion of the use of the well point system, the Contractor shall remove all of his .. equipment, materials, and supplies from the site of the work, remove all surplus materials and debris, fill in all holes or excavations, and grade the site to elevations of the surface levels which existed before work started or as shown on the Drawings. 3.3 MINIMIZING NOISE DISTURBANCES A. All dewatering pumping units shall be enclosed with noise attenuation barricades and equipped with exhaust +n mufflers. The dewatering pumps shall be boxed or barricaded such as to prevent or minimize disturbances to nearby residential dwellings. END OF SECTION - 02140 02140-1 on I" M PART 1 -GENERAL SECTION 02260 FINISH GRADING 1.1 WORK INCLUDED A. Finish grading shall be performed after placement of embankment in fill areas and excavation in cut areas has OR been performed to rough grades. P" B. Finish grade sub -soil for the final football field top soil C. Cut out area to receive stabilizing base course materials for paving parking aisles and sidewalks. ., D. Adjust elevation of Irrigation Valve Boxes, Pull Boxes, Meter Boxes and Sprinkler Heads to meet proposed finish grades of the football field. E. Place, finish grade and compact top soil. 1.2 RELATED WORK A. Section 02100: Site Preparation 1.3 PROTECTION A. Prevent damage to existing fencing, trees, landscaping, natural features, bench marks, pavement and utility .� lines. Correct damage at no cost to the City. PART2-PRODUCTS 2.1 MATERIALS A. Topsoil: Friable loam free from subsoil, roots, grass, excessive amount of weeds, stones, and foreign matter; acidity range (pH) of 5.5 to 7.5; containing a minimum of 4 percent and a maximum of 25 percent organic matter. Use topsoil stockpiles on site if conforming to these requirements. PART 3 - EXECUTION 3.1 SUB -SOIL PREPARATION A. Rough grade sub -soil systematically to allow for a maximum amount of natural settlement and compaction. .� Eliminate uneven areas and low spots. Remove debris, roots, branches, stones, etc. Remove sub -soil which has been contaminated with petroleum products, or that contains unsuitable materials. B. Cut out areas to sub -grade elevation, which are to receive stabilizing base for paving, geoweb stabilizing W system and sidewalks. C. Bring sub -soil to required levels, profiles and contours. Make changes in grade gradual. Blend slopes into level areas. D. Slope grade away from building minimum 2 inches in 10 feet unless indicated otherwise on the plans. E. Cultivate sub -grade to a depth of 3 inches, where topsoil is to be placed. Repeat cultivation in areas where equipment, used for hauling and spreading topsoil, has compacted sub -soil. 02260-1 M me U-1 0 3.2 PLACING TOPSOIL A. Place topsoil in accordance with these specifications. Place to the following minimum depths, up to finished grade elevations. 1. 4-1/2 inches for sodded areas. 2. 24 inches for shrub beds. 3. 18 inches for flower beds. B. Use topsoil in relatively dry state. Place during dry weather. C. Fine grade topsoil eliminating rough and low areas to ensure positive drainage. Maintain levels, profiles and contours of sub -grades. D. Remove stone, roots, grass, weeds, debris, and other foreign material while spreading. E. Manually spread topsoil around trees, plants, and buildings, to prevent damage which may be caused by grading equipment. F. Lightly compact placed topsoil. 3.3 SURPLUS MATERIAL A. Remove surplus sub -soil and topsoil and stockpile in area designated by the City. B. Leave stockpile areas and entirejob site clean, raked, and ready to receive sodding and landscaping. END OF SECTION - 02260 02260-2 M NO SECTION 02218 LANDSCAPE GRADING PARTI-GENERAL 1.1 WORK INCLUDED A. Finish grade subsoil. B. Place, level, and compact topsoil. 1.2 RELATED WORK A. Section 02100 — Clearing and Grubbing .� B. Section 02200 —Excavation and Backfill (Earthwork0 C. Section 02480 — Landscaping, seeding, mulching and sodding 1.3 PROTECTION The Contractor shall: A. Protect landscaping and other features remaining as final work. B. Protect existing structures, fences, roads, sidewalks, paving, and curbs. PART2-PRODUCTS 2.1 MATERIALS A. Topsoil: Friable loam; free of subsoil, roots, grass, excessive amount of weeds, stone, and foreign matter; acidity range (pH) of 5.5-7.5; containing a minimum of 4% and a maximum of 25% organic matter. B. The Contractor shall locate and obtain a supply of topsoil subject to the approval of the Engineer. The topsoil shall be hauled to the site of the work and placed or spread as required. Any topsoil hauled to the site of the work and stockpiled shall be re -handled and placed without additional compensation. The cost of obtaining, spreading, and compacting topsoil (including hauling) shall be considered a subsidiary obligation of the Contractor; the cost of which shall be included in the _ contract prices for the various classes of work. PART 3- EXECUTION .. 3.1 INSPECTION A. The Contractor shall verify site conditions and note irregularities affecting work of this section. OR B. Beginning work of this section signifies acceptance by the Contractor of existing conditions. 3.2 SUBSOIL PREPARATION A. Uneven areas and low spots shall be eliminated. The Contractor shall remove debris, roots, branches, and stones, in excess of %:in. in size. Subsoil contaminated with petroleum products shall be removed. �+ B. Prior to placing topsoil, the subgrade shall be graded to 4in. below the finish grade elevations in all unpaved areas. C. The Contractor shall scarify subgrade to depth of 3in. where topsoil is scheduled. D. Re -scarify in areas where equipment used for hauling and spreading topsoil has compacted subsoil. M 02218-1 3.3 PLACING TOPSOIL A. Place topsoil to a uniform thickness in all unpaved disturbed areas, unless otherwise directed by the Owner's representative. B. Use topsoil in relatively dry state. Place during dry weather. C. Fine grade topsoil eliminating rough or low areas to ensure positive drainage. Maintain levels, profiles, and contours of subgrade. D. Remove stones, roots, grass, weeds, debris, and foreign material while spreading. E. Manually spread topsoil around plants, buildings, fences, and other structures to prevent damage which may be caused by grading equipment. F. Lightly compact placed topsoil. G. Remove surplus subsoil and topsoil from site. H. Leave stockpile area and site clean and raked, ready to receive landscaping. 3.4 TOLERANCES Top of Topsoil: t 0.1 ft. 3.5 SCHEDULE OF LOCATIONS Compacted topsoil thicknesses for all areas shown shall be 4in. END OF SECTION . 02218 02218-2 SECTION 02480 LANDSCAPING SEEDING. MULCHING & SODDING PARTI-GENERAL 1.1 INTENT Contractor shall provide all items, articles, materials, operations and methods listed, mentioned or indicated on Plans and herein, including but not limited to all labor, materials, equipment and incidentals necessary and required for their completion. r 1.2 SCOPE A. Work under this section shall include all labor, materials, accessories, services and equipment necessary to complete r all landscape work as required, as indicated on Construction Plans oras specified herein. This section applies to all landscape work including sodding and seeding. B. Bidders shall personally examine site and fully acquaint themselves with all of the existing conditions so that no misunderstandings may arise afterwards as to the character or intent of the Work to be done; likewise, in order to advise and acquaint themselves with the precautions to be taken in order to avoid injury to persons or property of another. No additional compensation will be granted because of any unusual difficulties which may be encountered in the execution or maintenance of any portion of the Work. C. The City reserves the right to adjust the number and location of any of the designated type and species of plants to r be used at any of the locations shown, in order to provide for any unanticipated effects which might become apparent after other phases of the project have been substantially completed, or for other causes. r 13 QUALITY ASSURANCE A. The landscape Work shall be accomplished by a single Contractor experienced and specializing in landscape -- improvements. The Contractor shall provide at least one person, acceptable to all parties involved on thejob, who shall be present at all times during the execution of the Work, and who shall be thoroughly familiar with the type of materials being installed and experienced in the recommended methods of installation, and who shall direct all Work performed. B. The Contractor shall provide the sources for all plant materials to be used on the project. The Contractor shall contact the City to arrange a time to mutually inspect plants to be used on the project.. Expenses occurred by the City for inspections required subsequent to the initial prearranged inspections shall be the responsibility of the Contractor. Whether the City exercises his opinion to inspect plants or not, all plants used on the project must meet the minimum specifications outlined in the Contract Documents. C. Sod producer shall be a company specializing in sod production and harvesting with a minimum of five years of r experience. Sod installer shall be a company approved by the sod producer. 1.4 MATERIALS r A. Suitable Soil in all Excavated Areas 1. Soil used in all excavated areas, whether it is existing, moved on-site or imported, shall he a natural, fertile, friable, brown soil possessing characteristics representative of a well -drained area in Central Florida. The minimum permeability for the soil shall be 2 inches perhour through saturated soil. Generally, this soil will not contain more than 10% fines through a 200 sieve. Soil containing muck or poorly drained soils shall not be used, or if existing, shall be removed and replaced with suitable soil. r 2. Soil used for planting shall be free from sticks, roots, stones, or other extraneous material detrimental or injurious to plants Particular care shall be taken to remove pieces of mortar, cement, wood and other similar remains of construction from all planting areas. 02480- 1 M 3. At the Contractor's expense, soil amendments shall be added to any soil used for planting in planting beds and plant pits in the amount and manner prescribed by a soi I analysis to obtain a pH of 5.5 to 6.3. Results from soil analysis and a list of the prescribed amendments shall be presented to the Owner or Owner's Representative prior to being incorporated into the soil. B. This Contract is subject to the rules and regulations of Grades and Standards for Nursery Plants as published by the Division of Plant Industry, Florida Department of Agriculture and Consumer Services, current edition. Sod is subject to requirements of ASPA (American Sod Producers Association) — Guideline specification to sodding. C. Related Materials: I . Dolometic Limestone - Approved product, designated for agricultural use. 2. Aluminum Sulfate - Manufacturer's standard commercial grade. 3. Fertilizer—Commercial formulation 8-8-8. Fertilizershall comply with the state fertilizer laws. Nitrogen shall not be less than 40% from organic sources. Inorganic chemical nitrogen shall not be derived from the sodium form of nitrate. Fertilizers shall be delivered to the site in unopened original containers, each bearing the manufacturer's guaranteed analysis. Any fertilizer that is caked or otherwise damaged shall be rejected. 4. Mulch - Mulch shall be mini pine bark nuggets grade "B" or equal. Mulch shall be clean, fresh, and free of foreign materials 5. Water - Water shall conform to the requirements of D.O.T. Section 983. 1.5 INSTALLATION r A. Delivery: 1. The Contractor shall notify the City of delivery schedule in advance so plant material may be inspected upon arrival at thejob site. 2. The Contractor shall remove unacceptable plant material immediately from the job site. 3. Deliver sod with legible identification labels. Representative examples of each species shall be clearly labeled. Previously sealed plant samples will be delivered with seals intact. 4. Fertilizer shall be delivered to site in original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trade name, trademark, and conformance of State laws. In lieu of containers, fertilizer may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 5. Pesticide and herbicide materials shall be delivered to the site in the original unopened containers. Containers that do not have a legible label that identifies the Environmental Protection Agency registration number and the manufacturer's registered uses will be rejected. B. Disposal of Surplus Materials and Debris: Surplus excavated materials from plant holes shall be disposed of by scattering, or otherwise as might be .. directed. All debris and other objectionable material shall be removed from the site and disposed of in an appropriate and legal manner. The entire area shall be cleaned up and left in neat condition at the end of each day. C. Sodding: 1. The Contractor shall be responsible for providing and installing sod type(s) as specified. In addition, responsibility shall include the repair of grade and reestablishment of lawn areas disturbed by this Contractor's construction or staging activities. Grading and lawn reestablishment shall be to the satisfaction of the City or Representative and shall be sodded with the same type of grass as the grass surrounding the disturbed areas. no 2. Rototill the sol and add 80/20 compost Topdress mix 4 inches thick for the top layer and laser survey the finish ground to grade according to the plans. 02480-2 3. Deliver and install 3 ft wide roll certified 419 Bermuda sod with 80/20 compost topdress mix for leveling and to fill in between the lines 4. Slopes shall be sodded by beginning at the bottom and laying sod in rows across the slope. Sod on slopes .. steeper than 2:1 shall be held in place with wooden pegs. 3. Soil shall be moistened just prior to laying sod. 4. Sod blocks shall be placed in rows butting each other firmly against the last. Joints in the successive rows shall be staggered. Avoid stretching sod as cracks will develop. Cracks shall be filled with topsoil. 5. As soon as the sodding process is complete, areas shall be irrigated by uniform application of one-half inch (1 /2") of water. No more than sixty (60) minutes should elapse from the time sod and seed is placed until it has been irrigated. D. Maintenance: 1. Maintenance Period: Maintenance by the Contractor shall commence after each plant is planted and the maintenance period shall continue after the Punch List items from the Substantial Completion inspection have been completed to the satisfaction of the City until Final Acceptance as determined by the City. 2. Plant Materials: Sod shall be maintained at a Florida No. I grade throughout the maintenance period by, but not limited to: a. Hand watering if needed in non -irrigated areas, �. 3. Protection Against Damage: Contractor shall provide protection against mechanical damage and protection from vehicles, including posting of approved warning signs and barricades as might be necessary. He shall repair, restore or replace any plants or planting areas that might become damaged as a result of any negligence by him in complying with these requirements. E. Daily Site Clean Up: The Contractor shall at all times during the performance of his Work to keep the entire site free from accumulations of waste materials caused by his employees or Work. All adjacent surfaces, roads, walks, curbs, etc., shall be clean of any of the products of his Work. This Contractor shall be held responsible for all damage that is caused by his Work of employees. Patching and replacing of damaged Work shall be accomplished by an appropriate Contractor as directed by the City or City's Representative and the cost of same will be paid by this Contractor. At the end of each day's Work, the Contractor shall remove all construction equipment and debris, unless otherwise approved in writing by the City or City's Representative. 1.6 GUARANTEE REPLACEMENT AND COMPENSATION A. Guarantee Period: .� All new sod shall be guaranteed for twelve (12) months from the date of Substantial Completion as determine by the City or City's Representative. All new trees and plants shall be alive and in satisfactory growth and health for each specific kind of plant and shall be the same grade as specified according to GSNP at the end of the guaranteed period. B. Replacement: At any time during the guarantee period any sod required under this Contract that is dead or showing indication of probable non -survival or lack of health and vigor, or which does not exhibit the characteristics and conditions such as to still qualify for the minimum grade as originally specified and, as determined by the City or City's Representative will not recover and be within grade by the end of the guarantee period shall be promptly replaced. END OF SECTION - 02480 02480-3 W SECTION 02574 PAVEMENT REMOVAL AND REPLACEMENT PART 1 -GENERAL I.I DESCRIPTION A. Work included under this Section consists of cutting, removing, protecting, and replacing existing asphalt pavements of the various types encountered, driveways, sidewalks, curb, and combination curb and gutter, and underdrains where encountered and broken into. All pavement removal and replacement .. will meet the standard requirements by Indian River County Public Works. PART 2—PRODUCTS 2.1 GENERAL A. Materials of construction shall be as specified in these contract documents and as specified by the local authority having jurisdiction. PART 3 — EXECUTION .. 3.1 PAVEMENT REMOVAL A. Pavements, including all surface courses and base courses, where shown to be open cut on the plans, shall be removed to a line back from each edge of the trench or other excavation. Pavements shall be saw cut straight, clean, and square with a power saw, or other tools and equipment, suitable for the work. All pavements to be replaced shall match, in every respect, the type and surface of existing pavement and materials, or shall be superior to existing pavement and materials. ., 3.2 PAVEMENT REPLACEMENT A. Existing stabilization shall be replaced as a "Type B" designated stabilization, and shall be replaced in accordance with Section 160 of the FDOT Standard Specifications for Road and Bridge Construction, latest edition. B. Base course, where removed or disturbed, shall be replaced in accordance with the FDOT Standard Specifications for Road and Bridge Construction, latest edition, and supplements and special provisions thereto. Newly installed base course is to match existing base course materials and thickness, except where indicated on the Plans or as specified elsewhere herein. Prime coat shall be applied to all base encountered and all newly installed bases. Prime coat shall be applied as specified in Section 300 Section 285 ofthe FDOT Standard Specifications for Road and Bridge Construction, latest edition, and supplements and special provisions thereto. C. All areas where pavement was removed or disturbed shall be resurfaced with a minimum 1-'/2" thick, Section 334 - Superpave Asphalt Concrete Type SP -9.5 asphaltic concrete, and shall be applied as specified in Section 334 of the FDOT Standard Specifications for Road and Bridge Construction, latest edition, and supplements and special provisions there to. 3.3 PROTECTION OF EXISTING IMPROVEMENTS A. The Contractor shall be responsible for the protection of all pavements, sidewalks, and other improvements within the work area. All damage to such improvements, as a result of the Contractor's operations, beyond the limits of the work of pavement replacement as described herein, shall be repaired by the Contractor at his expense. END OF SECTION - 02574 02574- 1 r SECTION 02720 DRAINAGE STRUCTURES AND PIPING r PART I — GENERAL 1.1 DESCRIPTION OF WORK A. The extent of drainage structures and piping is shown on the drawings. r B. Related Work Specified Elsewhere: Section 02200 - Earthwork. r Section 02222 - Trenching, Backfilling and Compacting. 1.2 SUBMITTALS r A. Submit shop drawings of mitered ends, headwall and pipes. B. Submit cut sheets 24 -hours in advance of pipe excavation for ENGINEER approval. r 1.3 QUALITY ASSURANCE A. All material shall be new and unused. B. Materials' quality, manufacturing process and finished sections are subject to inspection and approval by ENGINEER or other City representative. Inspection may be made at place of manufacture, at work site r following delivery, or both. C. Materials will be examined for compliance with ASTM standards, this Section and approved manufacturer's drawings. Additional inspection criteria shall include: appearance, dimensions(s), blisters, cracks and soundness. D. Materials shall be rejected for failure to meet any requirements specified herein. Rejection may occur at •m place of manufacture, at work site, or following installation. Mark for identification rejected materials and remove from work site immediately. Rejected materials shall be replaced at no cost to city. E. Repair minor damage to precast concrete sections by approved method, if repair is authorized by ENGINEER. PART 2—PRODUCTS 2.1 GENERAL A. Reference to a manufacturer's name and model or catalog number is for the purpose of establishing the standard of quality and general configuration desired. B. Like items of materials/equipment shall be the end products of one manufacturer in order to provide no standardization for appearance, operation, maintenance, spare parts and manufacturers service. C. Provide lifting lugs or holes in each precast section for proper handling. r 2.2 PRECAST CONCRETE MANHOLE/]UNCTION BOX (if needed0 A. Precast concrete manhole, junction box and baffle box base sections, riser sections, transition top sections, flat slab tops and grade rings shall conform to ASTM C478 and shall be in accordance with FDOT standards. 1. Top section shall be a flat slab where cover over top of pipe is 4 -ft or less. Top section shall be a plastic lined flat slab where manhole riser sections are to be plastic lined. 02720-1 r w 2. Base, riser and transition top sections shall have tongue and groove joints. 3. Sections shall be cured by an approved method. .. 4. Precast concrete sections shall be shipped after concrete has attained 3000 psi compressive strength. 5. Design precast concrete base, riser, transition top, flat slab top and grade ring for a minimum H-20 loading plus earth load. Calculate earth load with a unit weight of 130 pcf. .. 6. Mark date of manufacture, name and trademark of manufacturer on the inside of each precast section. 7. Construct and install precast concrete base as shown on the Drawings and specified in FDOT standards. 8. Provide integrally cast knock -out panels in precast concrete manhole sections at locations, and with sizes shown on Drawings. Knock -out panels shall have no steel reinforcing. ., 2.3 PRECAST CONCRETE STRUCTURES (If needed) A. Refer to FDOT Drainage Structure Standards for inside dimensions, headroom requirements and minimum thickness of concrete. B. Manufacturer shall notify ENGINEER at least 5 working days prior to placing concrete during manufacturing process. ENGINEER may inspect reinforcing steel placement prior to placing concrete. C. Structural design calculations and Plans shall be prepared and stamped by a professional engineer registered in Florida. D. Design Criteria 1. Precast concrete a. Minimum compressive strength shall be 5,000 psi at 28 days. b. Maximum water -to -cement ratio shall be 0.40 by weight. c. Minimum cement content shall be 600 His of cement per cubic yard of concrete. 2. Manufactured products a. Conform to ACI 318 and ACI 350R. b. Analyze walls and slabs using accepted engineering principals. c. When "fy" exceeds 40,000 psi, "z" (ACI 318) shall not exceed 95,000 psi. "fs" shall not exceed 50 percent of "fy". d. Design products to support their own weight, weight of soil at 120 pcf, and a live load equal to AASHTO HS -20 applied to top slab. e. Cast base slab and walls together to form a monolithic base section. f Design structure walls for a water pressure of 90 psf. Originate pressure diagram at finished ground surface. Include lateral pressure from vehicles in accordance with AASHTO. g. Consider discontinuities in structure produced by openings and joints. Provide additional reinforcing around openings. Frame openings to carry full design loads to support walls. .� h. Prevent flotation, with ground water level at finished ground surface, by dead weight of structure and soil load above structure. Do not consider skin friction, soil friction, or weight of equipment in structure. L Locate horizontal wall joints 18 -in minimum from horizontal centerline of wall openings. j. Design structure with a minimum number of joints. Maximum number of structure sections, including top slab, shall be four. k. Provide lifting hooks for top slab. 1. Locate access openings, wall sleeves and pipe penetrations as shown on Drawings. in. Wall sleeves shall be provided by the precast concrete manufacturer. M 02720-2 W .. 2.4 JOINTING PRECAST MANHOLE SECTIONS AND STRUCTURES (if needed) A. Seal tongue and groove joints of precast manhole and structure sections with either rubber O-ring gasket or preformed flexible joint sealant. O-ring gasket shall conform to ASTM C443. Preformed flexible joint sealant shall be Kent Seal No.2 by Hamilton -Kent; Ram-Nek by K. T. Snyder Company or equal. B. Completed joint shall withstand 15 psi internal water pressure without leakage or displacement of gasket or sealant. 2.5 MANHOLE FRAMES AND COVERS (if needed) A. Manhole frames and covers shall be in accordance with FDOT Standard Index No. 201 for the type of ,. manhole or inlet required. Covers shall have 2" raised letter identification: "Storm Sewer" cast into top. 2.6 PIPE CONNECTIONS TO MANHOLE (if needed) A. Connect pipe to manhole in the following ways: 1. Grout in place - Precast manhole section shall have a formed, tapered circular opening larger than the pipe outside diameter. Grout shall be non -shrink and waterproof equal to Hallemite, Waterplug or Embeco. Plastic pipe shall have a waterstop gasket secured to pipe with a stainless steel clamp. 2. Flexible sleeve - Integrally cast sleeve in precast manhole section or install sleeve in a formed or cored opening. Fasten pipe in sleeve with stainless steel clamp(s). Coat stainless steel clamp(s) with bituminous material to protect from corrosion. Flexible sleeve shall be Lock Joint Flexible Manhole Sleeve; Kor-N-Seal connector; PSX Press -Seal Gasket or equal. 3. Compression gasket - Integrally cast compression gasket in precast manhole section. Insert pipe into compression gasket. Compression gasket shall be A -Lok or equal. 2.7 DAMPPROOFING A.. Dampproofing shall be Hydrocide 648 by Sonneborn Building Products; Dehydratine 4 by A. C. Hom Inc; RIW Marine Liquid by Toch Brothers or equal. 2.8 PIPING (RCP, HDPE & CMP) A.. Reinforced Concrete Pipe (RCP) 1. RCP pipe shall comply with the requirements of ASTM Designation C-76, as specified in Section 02611, Reinforced Concrete Pipe for Gravity Service. B. High Density Polyethylene Pipe (HDPE/ADS) 1. HDPE pipe shall be smooth interior walled corrugated polyethylene pipe conforming to AASHTO M 294 and minimum cell classification 335420C as specified in ASTM D 3350. Subject to compliance with requirements, HDPE manufacturers include, but are not limited to, the following: a. Advanced Drainage Systems (ADS), Inc. b. Hancor, Inc. .� C. Corrugated Metal Pipe (CMP) If used. 1. The galvanized steel coils shall conform to the applicable requirements of AASHTO M 218 or ASTM A 929. 2. The CSP shall be manufactured in accordance with the applicable requirements of AASHTO M-36 or ASTM A 760. The pipe sizes, gauges and corrugations shall be as shown on the project plans. All fabrication of the product shall occur within the United States. 3. Handling & Assembly: Shall be in accordance with NCSPA's (National Corrugated Steel Pipe Association) recommendations. 02720-3 M r 4. Installation shall be in accordance with AASHTO Standard Specifications for Highway Bridges, Section 26, Division 11 or ASTM A 798 and in conformance with the project plans and specifications. If there are any inconsistencies or conflicts, the contractor must bring them to the attention of the project engineer. It is always the contractor's responsibility to follow OSHA r guidelines for safe practices S. Construction loads may be higher than final loads. Follow the manufacturer's or NCSPA's guidelines. r PART 3 — EXECUTION 3.1 INSTALLATION A. Manhole and Structure Installation. 1. Manhole and structure shall be constructed to the dimensions shown on the Drawings and as r specified in FDOT standards. Protect all work against flooding and flotation. Construct cast -in-place bases in accordance with the requirements of Division 3 and the details shown on the Drawings. 2. Place manhole base on a bed of 12 -in screened gravel as shown on the Drawings. Set manhole base r grade so that a maximum grade adjustment of 8 -in is required to bring the manhole frame and cover to final grade. a. Use precast concrete grade rings or brick and non -shrink mortar to adjust manhole frame and cover to r final grade. 3. Set precast concrete barrel sections and structures plumb with a I/4 -in maximum out of plumb tolerance allowed. Seal joints of precast barrel sections with either a rubber O-ring set in a recess or .� preformed flexible joint sealant in sufficient quantity to fill 75 percent of the joint cavity. Fill the outside and inside joint with non -shrink mortar and finished flush with the adjoining surfaces. Caulk the inside of any leaking barrel section joint with lead wool or non -shrink grout to the satisfaction of r the ENGINEER. 4. Allow joints to set for 14 hours before backfilling unless a shorter period is specifically approved by the ENGINEER. r 5. Plug holes in the concrete barrel sections required for handling with a non -shrinking grout or non - shrinking grout in combination with concrete plugs. Finish flush on the inside. 6. Cut holes in precast sections to accommodate pipes prior to setting manhole sections in place to r preventjarring which may loosen the mortar joints. 7. Backfill carefully and evenly around manhole sections. B. Manhole Pipe Connections. 1. Construct manhole pipe connections, including pipe stubs, as specified above. Close or seal pipe .,, stubs for future connections with a gasketed watertight plug. C. Setting Manhole Frame and Cover. r 1. Set manhole covers and frames in a full mortar bed. Utilize bricks or precast concrete grade rings, a maximum of 8 -in thick, to assure frame and cover are set to the finished grade. Set manhole frame and cover to final grade prior to placement of permanent paving. r D. Damp -proofing. 1. Paint outer surfaces of precast and cast -in-place manholes and structures with two coats of r bituminous damp -proofing at the rate of 30 to 60 sq ft per gallon, in accordance with manufacturer's instructions. 02720-4 r M 3.2 LEAKAGE TESTS A. Test each manhole for leakage. ENGINEER shall observe each test. Perform exfiltration test as described below: B. Assemble manhole in place; fill and point all lifting holes and exterior joints within 6 -ft of the ground surface with an approved non -shrinking mortar. Test prior to placing the shelf and invert and before filling and pointing the horizontal joints below 641 of depth. Lower ground water table below bottom of �. the manhole for the duration of the test. Plug all pipes and other openings into the manhole and brace to prevent blow out. C. Fill manhole with water to the top of the cone section. If the excavation has not been backfilled and no water is observed moving down the surface of the manhole, the manhole is satisfactorily water -tight. If the test, as described above is unsatisfactory as determined by the ENGINEER, or if the manhole excavation has been backfilled, continue the test. A period of time may be permitted to allow for absorption. Following this period, refill manhole to the top of the cone, if necessary and allow at least 8 hours to pass. At the end of the test period, refill the manhole to the top of the cone again, measuring the volume of water added. Extrapolate the refill amount to a 24-hour leakage rate. The leakage for each manhole shall not exceed one gallon per vertical foot for a 24-hour period. If the manhole fails this requirement, but the leakage does not exceed three gallons per vertical foot per day, repairs by approved methods may be made as directed by the ENGINEER. If leakage due to a defective section of joint exceeds three gallons per vertical foot per day, the manhole shall be rejected. Uncover the rejected manhole as necessary and to disassemble, reconstruct or replace it as directed by the ENGINEER. Retest the manhole and, if satisfactory, fill and paint the interior joints. D. No adjustment in the leakage allowance will be made for unknown causes such as leaking plugs, absorptions, etc. It will be assumed that all loss of water during the test is a result of leaks through the joints or through the concrete. E. An infiltration test may be substituted for an exfiltration test if the ground water table is above the highest joint in the manhole. If there is no leakage into the manhole as determined by the ENGINEER, the manhole will be considered water -tight. If the ENGINEER is not satisfied, testing shall be performed as described hereinbefore. M F. Leakage Tests for Structures 1. The ENGINEER will visually inspect structure(s) for possible leaks before backfilling of structures is allowed. Seal all joints to the satisfaction of the ENGINEER. 2. The ENGINEER may require an exfiltration test as described for manholes on any structure for which he/she deems the test appropriate. 3.3 CLEANING A. Thoroughly clean all new manholes of all silt, debris and foreign matter of any kind, prior to final inspections. END OF SECTION - 02720 r� 02720-5 �1 SECTION 03300 CONCRETE PART 1 —GENERAL 1.1 DESCRIPTION OF WORK A. Work consists of the forming, mixing, placing and curing concrete for use in small structures, sidewalk, and curb replacement. B. Concrete work shall also include the foundation for the two new relocated field lights which will be constructed per the requirements from the pole manufacture and city building requirements. .. 1.2 QUALITY ASSURANCE A. Concrete may be standard design and product of commercial ready -mix or transit -mix supplier conforming to the following requirements: Cement Content Minimum 28 -day Strength Class per cubic yard (lb. per sq. in. Structural 6.25 bags or 600 pounds Non -Structural 5.75 bags or 560 pounds 4000 3000 W B. Job mixes of small quantities shall conform to the same requirements. 1.3 SUBMITTALS .. A. Compressive strength tests, when required by the Engineer, shall be made by breaking standard 6 -inch diameter by 12 -inch high test specimens prepared, cured and broken in accordance with the ASTM C31 and C39. Three specimen test cylinders shall be taken from each concrete pour of three cubic yards. ,., One additional test cylinder shall be taken for quantities up to one truck load. Test specimens shall be taken in the presence of the Engineer. One cylinder from each pour shall be broken at seven days, the remainder at twenty-eight days. Additional test cylinders may be ordered for determining the characteristics of a new design mix or changes in equipment or methods, and under adverse weather or curing conditions. B. Slump lest shall be made in accordance with ASTM C143, and shall be made whenever directed by the Engineer. C. Responsibility for Tests and Reports: 1. The Contractor shall supply all cylinder molds, slump cones, tools and labor for preparing specimens, and shall provide clean, moist sand or burlap for curing. Cylinders shall be shipped to the testing laboratory until the third day following preparation, and shall be protected from accidental damage at all times. 2. The test cylinders shall be tested in a recognized commercial testing laboratory. 1.4 DELIVERY AND STORAGE A. Ready -mixed concrete delivered shall be accompanied by delivery tickets showing the following: .+ Date and time leaving plant Type of cement and weight Quantity of water and time added Additive (if any) M B. Bulk or bagged cement or bagged concrete mix shall be stored off the ground in a sheltered area. 03300-1 ON M PART 2—PRODUCTS 2.1 CEMENT .. A. Portland cement shall conform to the latest revision of Federal and/or ASTM Specifications enumerated below: 1. For general concrete construction, ASTM C150, Type I. 2. Type Il (meeting ASTM C150) cement shall be used in all areas where the concrete will be subjected to a hydrogen sulfide environment (i.e., direct contact with groundwater). 2.2 AGGREGATES A. Fine Aggregate: 1. Fine aggregate shall be clean, hard, strong, durable, uncoated particles of natural sand. 2. The fine aggregate shall be reasonably well graded from coarse to fine. B. Coarse Aggregate: 1. Coarse aggregate shall be washed and consist of hard, tough, durable components, free from .. adherent coatings, salt, alkali, vegetable matter, and shall no contain an excessive number of soft, friable, thin or elongated particles. Coarse aggregate shall be properly grades from fine to coarse to produce concrete of the desired strength, density, and workability. 2. Where the cover over reinforcing is two inches or more, the maximum size of aggregate shall be 1- 1/2 inches. Where the cover over reinforcing is less than two inches, the maximum size of aggregate shall be 3/4 -inch. The maximum size of aggregate shall not exceed one-fifth of the narrowest �+ dimension between forms nor three-fourths of the minimum clear spacing between reinforcing bars. 2.3 BAGGED CONCRETE MIX .. A. For very small amounts of concrete a premixed sand, gravel and cement in 40 Ib. (1/3 cu. ft.) or 80 Ib. (2/3 cu. ft.) bags may be used. The Engineer must give approval for its use. ,. 2.4 ADMIXTURES A. The design mix may be based upon the use of such admixtures as the designer may select to improve the workability, plasticity or rate of curing of the concrete. 2.5 MIXING WATER A. The water used in mixing concrete shall be fresh, clean and free from injurious amounts of oil, acid, alkali, or organic matter. B. Water from any source other than a municipal water supply shall be shown by test to comply with Florida .. State Department of Transportation requirements for mixing water. 2.6 STEEL BAR AND WIRE FABRIC REINFORCEMENT A. The reinforcing shall be fabricated to the proper shapes and dimensions. Before placing, all reinforcements shall be thoroughly cleaned of rust, mill scale and/or coatings. B. Reinforcing bars shall conform to the requirements of ASTM A615, Grade 60 including hoops and stirrups. C. Reinforcing steel shall be detailed, fabricated and placed according to the methods and standards recommended in the "Manual of Standard Practice for Detailing Reinforced Concrete Structures" of the American Concrete Institute. W 03300-2 am D. Splices in reinforcing mats shall be staggered. Horizontal mats shall be supported on metal chairs with all sills or pads below subgrade. Spacers shall be provided for wall and column steel and shall be removed as the concrete is placed. E. Wire fabric, unless otherwise shown or specified, shall be 6 -inches by 6 -inches by W 1.4 x W 1.4 woven or electrically welded wire fabric conforming to the requirements of ASTM Al 85. PART 3 - EXECUTION ^ 3.1 FORMS A. Material: .. 1. Forms shall be of wood, metal, or other approved materials, shall be built true to line and grade, mortar -tight, adequately braced and supported, and sufficiently rigid to prevent displacement or sagging. Metal forms shall be of a type and manufacture acceptable to the Engineer. Plywood, ^ fiberboard, or absorptive type form linings may be used where appropriate. 2. Form work shall be constructed conforming to AC 1 347 Chapter 2. Joints of sectional forms shall be located in a modular manner with as few fillers as possible. Voids in plywood and joints between .� form modules used for concrete exposed to view or hydraulic action shall be filled with silicone sealant and shall be tool smooth. Profile items such reglets and anchors shall be securely fastened with flush mechanical fasteners. ^ 3. Pours shall not be scheduled until all erection and bracing of form work has been completed. 3.2 CONCRETE PLACING ^ A. Concrete shall not be placed until forms and reinforcing have been inspected. B. Concrete shall be placed with the aid of mechanical vibrating equipment supplemented by hand forking ^ or spading. Vibration shall be transmitted directly to the concrete and not through the forms. The duration of vibration at any location in the forms shall be held to the minimum necessary to produce through consolidation. C. Concrete shall be compacted and worked in an approved manner into all comers and angles of the forms and around reinforcement and embedded fixtures in such a manner as to prevent segregation of the coarse .,, aggregate. D. Before depositing new concrete on or against concrete which has set, the existing surfaces shall be cleaned of all laitance, foreign matter and loose particles, and slushed with a neat cement grout. Grout for horizontal construction joints shall be of cement and fine aggregate in the same proportions as in the concrete to be placed, and shall be from 1/2- to 1 -inch thickness. ^ E. The concrete shall be placed by suitable equipment as nearly as possible to its final location and without - any segregation of the aggregate. Free vertical drop shall not exceed three feet. ^ 3.3 CONCRETE CURING A. Water for curing shall be clear and entirely free from any elements which might cause staining or discoloration. _ B. Concrete shall be kept wet by covering with water, water saturated covering, or by alternate methods which will keep all surfaces continuously wet, for a period of seven days. C. Where wood forms are left in place during curing, they shall be kept wet at all times. 03300-3 on 3.4 WEATHER PROTECTION A. No concrete shall be mixed or placed when the air temperature in the shade and away from artificial heat ., is as low as 40 degrees F., and falling. Concrete may be mixed and placed when the air temperature in the shade and away from artificial heat is 35 degrees Fahrenheit, and rising. No M M B. Fresh concrete shall be protected from rain, flowing water and mechanical injury. 3.5 CONCRETE FINISHING A. Slabs, Walks and Pavements shall be brought to a true and even finish by power or hand -floating. The surface shall be floated to a true, smooth finish. Troweling shall be the minimum to obtain a smooth, dense surface and shall not be done until the mortar has hardened sufficiently to prevent excess fine material from being worked to the surface. All walk and pavement surfaces, shall, immediately after troweling, be lightly broomed. The brooming shall be sufficient to mark the surface without appreciably disturbing the troweled finish. END OF SECTION - 03300 03300-4 SECTION 16180 EQUIPMENT WIRING SYSTEMS .. PART] -GENERAL 1.1 DESCRIPTION A. Make all final electrical connections to all lighting equipment shown on drawings or required for a complete and operation of the lighting system. _ B. AIt final electrical connections shall be made in strict compliance with NPFA-70 National Electrical Code latest Edition. C. All electrical wiring shall be installed per the manufacturer requirements for the new field light poles. D. Relocate the two (Northem) field light poles (70 ft height) with existing fixtures as shown on the plans. IN 1.2 RELATED SECTIONS — Construction Specification Institute (CSI) A. Section 16010, General Requirements. M B. Section 16020, Codes and Standards. M C. Section 16111, Conduit and Fittings. D. Section 16120, Wire and Cable. M E. Section 16130, Boxes. 1.3 PROJECT RECORD DOCUMENTS Submit documents in accordance with provisions of Section 01720. PART2-PRODUCTS Lighting products will be submitted to the city as cut sheet for approval of specifications. _ PART 3 - EXECUTION 3.1 INSTRUCTIONS A. All wiring and cabling shall be installed in underground PVC conduit where and as shown on the drawings and in accordance with the manufacturer specifications. M B. Electrical connections shall be as follows: I . All splices shall be in the pull boxes 2. Run branch circuits as indicated on the drawings and make hardwired connections to all devices. 3. Run all conduits and wiring for all control systems specified on this project. 4. Run circuits from panel boards to and make final electrical connections. 5. New lighting poles shall be grounded per manufacturer requirements. END OF SECTION - 16180 W 16180-1 M FDOT SECTION 104 PREVENTION CONTROL AND ABATEMENT OF EROSION AND WATER POLLUTION .. 104-1 DESCRIPTION. Construct and maintain temporary erosion control features or, where practical, construct and maintain permanent erosion control features as shown in the plans or as may be directed by the Engineer. 104-2 GENERAL. Coordinate the installation of temporary erosion control features with the construction of the permanent erosion control features to the extent necessary to ensure economical, effective, and continuous control of erosion and water pollution throughout the life of the Contract. Due to unanticipated conditions, the Engineer may direct the use of control features or methods other than those included in the original Contract. In such event, the Department will pay for this additional work as unforeseeable work. no 104-3 CONTROL OF CONTRACTOR'S OPERATIONS WHICH MAY RESULT IN WATER POLLUTION Prevent pollution of streams, canals, lakes, reservoirs, and other water impoundments with fuels, oils, bitumens, calcium chloride, or other harmful materials. Also, conduct and schedule operations to avoid .. or otherwise minimize pollution or siltation of such water impoundments, and to avoid interference with movement of migratory fish. Do not dump any residue from dust collectors or washers into any live stream. 104-4 MATERIALS FOR TEMPORARY EROSION CONTROL. The Engineer will not require testing of materials used in construction of temporary erosion control features other than as provided for geotextile fabric in 985-3 unless such material is to be incorporated into the completed project. When no testing is required, the Engineer will base acceptance on visual inspection. The Contractor may use new or used materials for the construction of temporary silt fence, staked "' D104-1 Restrict construction operations in rivers, streams, lakes, tidal waters, reservoirs, canals, and other water impoundments to those areas where it is necessary to perform filling or excavation to _ accomplish the work shown in the plans and to those areas which must be entered to construct .. temporary or permanent structures. As soon as conditions permit, promptly clear rivers, streams, and impoundments of all obstructions placed therein or caused by construction operations. Do not frequently ford live streams with construction equipment. Wherever an appreciable number of stream crossings are necessary at any one location, use a temporary bridge or other structure. - Except as necessary for construction, do not deposit excavated material in rivers, streams, canals, or impoundments, or in a position close enough thereto, to be washed away by high water or runoff. Where pumps are used to remove highly turbid waters from enclosed construction areas such as -- cofferdams or forms, treat the water by one or more of the following methods prior to discharge into State waters: pumping into grassed swales or appropriate vegetated areas or sediment basins, or confined by an appropriate enclosure such as turbidity barriers when other methods are not considered appropriate. Do not disturb lands or waters outside the limits of construction as staked, except as authorized by the Engineer. Obtain the Engineer's approval for the location of, and method of operation in, borrow pits, material ., pits, and disposal areas furnished for waste material from the project (other than commercially - operated sources) such that erosion during and after completion of the work will not result in probability of detrimental siltation or water pollution. 104-4 MATERIALS FOR TEMPORARY EROSION CONTROL. The Engineer will not require testing of materials used in construction of temporary erosion control features other than as provided for geotextile fabric in 985-3 unless such material is to be incorporated into the completed project. When no testing is required, the Engineer will base acceptance on visual inspection. The Contractor may use new or used materials for the construction of temporary silt fence, staked "' D104-1 turbidity barriers, and floating turbidity barrier not to be incorporated into the completed project, .. subject to the approval of the Engineer. 104-5 PRECONSTRUCTION CONFERENCE. Prepare the Storm Water Pollution Prevention Plan (SWPPP) and have the NOl on record with FDEP. The Contractor will be responsible to have the SWPPP on-site at all times and must adhere to the guidelines to the SWPPP. The SWPPP will include the erosion control plan and all additional measures that will be employed to dispose of, control, or prevent the discharge of solid, hazardous, and sanitary wastes to waters of the U.S. Include procedures to control off-site tracking of soil by vehicles and construction equipment and a procedure for cleanup and reporting of non -storm water discharges, such as contaminated groundwater or accidental spills. The Department will review and approve the Contractor's part of the SWPPP, including required signed certification statements, before soil disturbing activities begin. Failure to sign any required documents or certification statements will be considered a default of the Contract. Any earth disturbing activities performed without the required signed documents or .� certification statements may be considered a violation of the Clean Water Act by the EPA. The erosion control plan shall describe, but not be limited to, the following items or activities: 1. For each phase of construction operations or activities, supply the following information: (A) Locations of all erosion control devices (B) Types of all erosion control devices .� (C) Estimated time erosion control devices will be in operation (D) Monitoring schedules for maintenance of erosion control devices (E) Methods of maintaining erosion control devices .. (F) Containment or removal methods for pollutants or hazardous wastes 2. The name and telephone number of the person responsible for monitoring and maintaining the erosion control devices. 3. Submit for approval the erosion control plans meeting paragraphs 3A, 313, or 3C below: (A) Projects permitted by the St. Johns River Water Management District, require the following: Submit a copy of the erosion control plan to the Engineer for review and to the appropriate Water Management District Office for review and approval. Include the WMD permit number on all submitted data or correspondence. The Contractor may schedule a meeting with the appropriate WMD Office to discuss his erosion control plan in detail, to expedite the review and approval process. Advise the Engineer of the time and place of any meetings scheduled with WMD. Do not begin construction activities until the erosion control plan receives written .. approval from both WMD and the Engineer. (B) Projects permitted by the St. Johns River Water Management District or the St. Johns River Water Management District, require the following: Obtain the Engineer's approval of the erosion control plan. Do not begin construction activities until the erosion control plan receives written approval from the Engineer. (C) Projects authorized by permitting agencies other than the Water Management Districts or projects for which no permits are required require the following: The Engineer will review .. and approve the Contractor's erosion control plan. Do not begin construction activities until the erosion control plan receives written approval from the Engineer. Comply with the approved erosion control plan. W D104-2 104-6 CONSTRUCTION REQUIREMENTS. 104-6.1 Limitation of Exposure of Erodible Earth: The Engineer may limit the surface areas of unprotected erodible earth exposed by the construction - operation and may direct the Contractor to provide erosion or pollution control measures to prevent contamination of any river, stream, lake, tidal waters, reservoir, canal, or other water impoundments or to prevent detrimental effects on property outside the project right-of-way or damage to the project. Limit the area in which excavation and filling operations are being performed so that it does not exceed the capacity to keep the finish grading, grassing, sodding, and other such permanent erosion control measures current in accordance with the accepted schedule. Do not allow the surface area of erodible earth that clearing and grubbing operations or excavation and filling operations expose to exceed 750,000 ft [70,000 in ] without specific prior approval by the Engineer. This limitation applies separately to clearing and grubbing operations and excavation and filling operations. The Engineer may increase or decrease the amount of surface area the Contractor may expose at any one time. 104-6.2 Incorporation of Erosion Control Features: Incorporate permanent erosion control features into the project at the earliest practical time. Use approved temporary erosion control features to correct conditions that develop during construction which were not foreseen at the time of design, to control erosion prior to the time it is practical to construct permanent control features, or to provide immediate temporary control of erosion that develops during normal construction operations, which are not associated with permanent erosion control features on the project. r� The Engineer may authorize temporary erosion control features when Topsoil is specified in the Contract and the limited availability of that material from the grading operations will prevent scheduled progress of the work or damage the permanent erosion control features. 104-6.3 Scheduling of Successive Operations: Schedule operations such that the area of unprotected erodible earth exposed at any one time is not larger than the minimum area necessary for efficient construction operations, and the duration of exposure of uncompleted construction to the elements is as short as practicable. Schedule and perform clearing and grubbing so that grading operations can follow immediately thereafter. Schedule and perform grading operations so that permanent erosion control features can _ follow immediately thereafter if conditions on the project permit. 104-6.4 Details for Temporary Erosion Control Features: 104-6.4.1 General: Use temporary erosion and water pollution control features that consist of, but are not limited to, temporary grassing, temporary sodding, temporary mulching, sandbagging, slope drains, sediment basins, sediment checks, berms, baled hay or straw, floating turbidity barrier, staked turbidity barrier and silt fence. For design details for some of these items, refer to the Water Quality Section of the Design Standards. 104-6.4.2 Temporary Grassing: The Engineer may designate certain areas of grassing constructed in accordance with Section 570 as temporary erosion control features. The Engineer may direct the Contractor to omit permanent type grass seed from grassing and the reduce the specified rate of spread for fertilizer used in conjunction with grassing operations when such work is designated as a temporary erosion control feature. M D 104-3 104-6.4.3 Temporary Sod: ., Furnish and place sod in accordance with Section 575 within areas designated by the Engineer to temporarily control erosion. If the Engineer determines that the sod will be of a temporary nature, he may not require fertilizer and lime. Keep the sod in a moist condition in order to ensure growth. The Department will pay for all required watering under Item No. 570-9 [2570-9]. 104-6.4.4 Temporary Mulching: Furnish and apply a 2 to 4 inch 150 to 100 mm] thick blanket of straw or hay mulch to designated areas, then mix or force the mulch into the top 2 inches [50 mm] of the soil in order to temporarily control erosion. Use only undecayed straw or hay which can readily be cut into the soil and which .. otherwise complies with 981-3. The Contractor may substitute other measures for temporary erosion control, such as hydromulching, chemical adhesive soil stabilizers, etc., for mulching with straw or hay, if approved by the Engineer. When beginning permanent grassing operations, plow .. under temporary mulch materials in conjunction with preparation of the ground. 104-6.4.5 Sandbagging: Furnish and place sandbags in configurations to control erosion and siltation. 104-6.4.6 Slope Drains: Construct slope drains in accordance with the details shown in the plans, the Design Standards, or as may be approved as suitable to adequately perform the intended function. 104-6.4.7 Sediment Basins: Construct sediment basins in accordance with the details shown in the plans, the Design Standards, -- or as may be approved as suitable to adequately perform the intended function. Clean out sediment _ basins as necessary in accordance with the plans or as directed. 104-6.4.8 Berms: Construct temporary earth berms to divert the flow of water from an erodible surface. 104-6.4.9 Baled Hay or Straw: Provide bales having minimum dimensions of 14 by 18 by 36 inches [350 by 450 by 900 mm], at the time of placement. Construct baled hay or straw dams to protect against downstream accumulations of silt. Construct the baled hay or straw dams in accordance with the details shown in the plans or the Design Standards. Meet the provisions of 981-3.1 for all baled hay or straw. Place the dam to effectively control silt dispersion under conditions present on this project. The Contractor may use alternate solutions and usage of materials if approved. 104-6.4.10 Temporary Silt Fences: 104-6.4.10.1 General: .. Furnish, install, maintain, and remove temporary silt fences, in accordance with the manufacturer's directions, these Specifications, the details as shown on the plans, and the Design Standards. .. 104-6.4.10.2 Materials and Installation: Use a geotextile fabric made from woven or nonwoven fabric, meeting the physical requirements of Section 985 according to those applications for erosion control. Choose the type and size of posts, wire mesh reinforcement (if required), and method of installation. Do not use products which have a separate layer of plastic mesh or netting. Provide a durable and effective temporary silt fence that controls sediment comparable to the Design Standards, Index No. 102. W D104-4 Install all sediment control devices in a timely manner to ensure the control of sediment and the protection of lakes, streams, gulf or ocean waters, or any wetlands associated therewith and to any adjacent property outside the right-of-way as required. At sites where exposure to such sensitive areas is prevalent, complete the installation of any .. sediment control device prior to the commencement of any earthwork. After installation of sediment control devices, repair portions of any devices damaged at no expense to the Department. Erect temporary silt fence at upland locations across ditchlines and at temporary locations shown on the plans or approved by the Engineer where continuous construction activities change the natural contour and drainage runoff. Do not attach temporary silt fence to existing trees unless approved by the Engineer. �. 104-6.4.10.3 Inspection and Maintenance: Inspect all temporary silt fences immediately after each rainfall and at least daily during prolonged rainfall. Immediately correct any deficiencies. In addition, make a daily review ., of the location of silt fences in areas where construction activities have changed the natural contour and drainage runoff to ensure that the silt fences are properly located for effectiveness. Where deficiencies exist, install additional silt fences as directed by the Engineer. Remove sediment deposits when the deposit reaches approximately 1/2 of the volume �. capacity of the temporary silt fence or as directed by the Engineer. Dress any sediment deposits remaining in place after the temporary silt fence is no longer required to conform with the finished grade, and prepare and seed them in accordance with Section 570. ., 104-6.4.11 Floating Turbidity Barriers and Staked Turbidity Barriers: -- Install, maintain, and remove turbidity barriers to contain turbidity that may occur as the result of dredging, filling, or other construction activities which may cause turbidity to occur in the waters of the State. The Contractor may need to deploy turbidity barriers around isolated areas of concern such as seagrass beds, coral communities, etc. both within as well as outside the right-of-way limits. The Engineer will identify such areas. Place the barriers prior to the commencement of any work that could impact the area of concern. Install the barriers in accordance with the details shown in the plans or as approved by the Engineer. Ensure that the type barrier used and the deployment and maintenance of the barrier will minimize dispersion of turbid waters from the construction site. The Engineer may approve alternate methods or materials. Operate turbidity barriers in such a manner .to avoid or minimize the degradation of the water quality of the surrounding waters. 104-6.4.12 Rock Bags: Furnish and place rock bags to control erosion and siltation. Place the bags as shown in the plans, the Design Standards or as directed by the Engineer. Use a fabric material with openings that are clearly visible to minimize clogging yet small enough to prevent rock loss. Use material of sufficient strength to allow removing and relocating bags without breakage. The bag size when filled with rocks shall be approximately 12 by 12 by 4 inch [ 300 by 300 by 100 mm]. Use No. 4 or No. 5 coarse aggregate rock. 104-6.5 Removal of Temporary Erosion Control Features: .. In general, remove or incorporate into the soil any temporary erosion control features existing at the time of construction of the permanent erosion control features in an area of the project in such a manner that no detrimental effect will result. The Engineer may direct that temporary features be left in place. D 104-5 M 104-7 MAINTENANCE OF EROSION CONTROL FEATURES. 104-7.1 General: Provide routine maintenance of permanent and temporary erosion control features, at no expense to the — Department, until the project is complete and accepted. If reconstruction of such erosion control _ features is necessary due to the Contractor's negligence or carelessness or, in the case of temporary erosion control features, failure by the Contractor to install permanent erosion control features as scheduled, the Contractor shall replace such erosion control features at no expense to the Department. If reconstruction of permanent or temporary erosion control features is necessary due to factors beyond the control of the Contractor, the Department will pay for replacement under the appropriate Contract pay item or items. Inspect all erosion control features at least once every seven calendar days and within 24 hours of the end of a storm of 0.25 inches [6 mm] or greater. Maintain all erosion control features as required in the Stormwater Pollution Prevention Plan and as specified in State and/or Federal environmental regulatory permits. Use the inspection form provided by the Engineer to report all inspection findings and to document all corrective actions taken as a result of the inspection. Sign each inspection report and submit it weekly to the Engineer. 104-8 PROTECTION DURING SUSPENSION OF CONTRACT TIME. If it is necessary to suspend the construction operations for any appreciable length of time, shape the top of the earthwork in such a manner to permit runoff of rainwater, and construct earth berms along the top edges of embankments to intercept runoff water. Provide temporary slope drains to carry runoff from cuts and embankments that are in the vicinity of rivers, streams, canals, lakes, and r impoundments. Locate slope drains at intervals of approximately 500 feet [150 m], and stabilize them by paving or by covering with waterproof materials. Should such preventive measures fail, immediately take such other action as necessary to effectively prevent erosion and siltation. The Engineer may direct the Contractor to perform, during such suspensions of operations, any other erosion control work deemed necessary. 104-9 BASIS OF PAYMENT. " Prices and payments for prevention control, abatement of erosion and water pollution shall be included in the various items of work. Any additional costs resulting from compliance with the requirements of this Section, other than construction, routine maintenance, and removal of temporary erosion control features and mowing, will be included in the various items of work. Separate payment will not be made for the cost of constructing temporary earth berms along the edges .+ of the roadways to prevent erosion during grading and subsequent operations. The Contractor shall include these costs in the Contract prices for grading items. In case of repeated failure on the part of the Contractor to control erosion, pollution, or siltation, the Engineer reserves the right to employ outside assistance. Any such costs incurred, including engineering costs, will be charged to the Contractor and appropriate deductions made from the monthly progress estimate. END OF SECTION — D104 W W M D104-6 BL NEEL-SCHAFFER April 11, 2010 City of Sebastian ADDENDUM NOA Addendum No. 1 North Football Field Expansion The following is a list of questions received from the bidders by the due date of April 6, 2011. Attached are the responses to the questions which will be considered as Addendum No. 1 to the City of Sebastian North Football Field Expansion RFP. 1. What type of surface material for the parking area? Response: The parking spaces will be grass and the aisles will be asphalt pavement. 2. Is the existing field currently graded at a one percent slope from the center? Response: No grade 3. Would you please provide proposed grades for all improvements? Response: Attached is the revisedrg ading plan—Addendum No. l with the two invert elevations on the southern pipes. This plan will replace the plan sheet handed out at the mandatory pre-bid meeting on March 30, 2011. 4. Would you please provide size and specs for the protective netting? Response: No. 21 nylon netting 5. Would you please supply a detail for the perimeter drainage? Response: The proposed grass perimeter drainage to be determined by contractor. 6. Would you please supply more information regarding the relocating of the goal posts? Response: The goal posts will be removed and replaced as directed by the Engineer with new concrete foundations. 7. What is the area of work for the football field expansion? Response: The play field area is the new entire area (existing plus the expanded field section) to be graded, rototilled soil, added 80/20 compost topdressing mix 4 inch thick for top layer. Laser survey finish ground level to grade per plans. Please sign and return this Addendum No. I with the other required bid submittals on April 18, 2011. All bid submittals will be checked to ensure that all items have been submitted. North Football Field Expansion Page 1 an OF SE45T�" HOME OF PELICAN ISLAND ADDENDUM #2 DATE: April 11, 2011 PROJECT NAME: North Football Field Expansion at Barber Street Sports Complex BID NUMBER: 11-05 BID OPENING Date: Monday, April 18, 2011 This Addendum #1 is issued for the purpose of notifying all parties holding plans and specifications for the North Football Field Expansion at Barber Street Sports Complex (BSSC) of the City's Local Vendor Preference Program. In Accordance with Section 2-11 of the Code of Ordinances, the City of Sebastian shall impose a Local Vendor Preference for this project. The preference allows a local bidder to match a non -local low bid, if their amount is within 5% of the low bid. Local vender is defined as any vendor having a valid business tax receipt issued by the City of Sebastian, Indian River County, St. Lucie County, Okeechobee County, Osceola County or Brevard County and having its headquarters located in such area. Please note that the bid opening date of Monday, April 18, 2011 at 2:00 p.m. has NOT changed. Company Name Name: Authorized Signature: Title: Date: Telephone: E-mail: Cr[Y OF HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 • FAX (772) 589-5570 CITY OF SEBASTIAN LOCAL VENDER PREFERENCE POLICY Sec. 2-11. Local vendor preference policy. (a) Definitions. (1) Local business means the vendor has: a. A valid business tax receipt issued by the City of Sebastian, Indian River County, St. Lucie County, Martin County, Okeechobee County, Osceola County, or Brevard County at the time a bid or proposal is submitted, and Supp. No. 45 CD2:5 § 2-11 SEBASTIAN CODE b. A physical address located within the local area, in an area zoned for the conduct of such business, from which the vendor is operating a significant portion of its business, and at which it maintains full-time employees. (2) Nonlocal business means any vendor that does not meet the definition of a business within the local area. (b) Establishment as local area business. To establish that a vendor is a local area business a vendor shall provide written documentation of compliance with the definitions for each such local business as defined in subsection (1) herein, at the time of submitting a bid or proposal. Post office boxes are not verifiable and shall not be used for the purpose of establishing the required physical business address. A vendor that misrepresents the local area status of its firm in a proposal or bid submittal to the city will lose the privilege to claim local preference status for a period two years. (c) Local preference in purchasing and contracting. The City of Sebastian shall give preference to local area businesses in the purchase of commodities, personal property, general services, personal property, general services, professional services, and the purchase of or contract for construction or renovation of public works or other public improvements by means of competitive bid. The city shall give such preference to local area businesses in the following manner: (1) Competitive bid. Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive nonlocal business submits the lowest price bid, and the lowest bid submitted by a qualified and responsive local area business is within five percent of the lowest bid, then the lowest bidding local area business shall have the opportunity to submit an offer to match the price submitted by the lowest nonlocal area business bidder. Within five working days after the posting of the qualified and responsive bids, any local area business that has submitted a bid within five percent of the lowest bid by a nonlocal area business, and that wants the opportunity to match the lowest bid, shall submit a written offer to match the lowest bid. If the lowest local area business bidder submits an offer that matches the lowest bid submitted, then the award shall be made to such local area business. If the lowest local area business bidder declines or is unable to match the lowest bids, then the option to do so moves to the next local area business if its bid is within five percent of the lowest bids, and it is a qualified and responsive bidder. If the lowest bid is submitted by a qualified and responsive local area business, there is no local vendor preference. If a local area business accepts the opportunity to match the lowest bid of a nonlocal area business and that bid is based on unit price bid items and estimated quantities, then the unit prices for all bid items shall be reduced in proportion to the reduction in the local area business's total bid amount required to match the lowest total bid. Supp. No. 45 CD2:6 ADMINISTRATION § 2-11 (2) Ties. In the event of any tie in the final bid price between a local area business, and a nonlocal area business, a contract award, or the first opportunity to negotiate, as applicable, shall be made to the local area business. In the event of any tie between a business located within the City of Sebastian and a business within the greater local area, the business located within the City of Sebastian shall be awarded the contract or receive the first opportunity to negotiate, as applicable. In the event of any two businesses located within the City of Sebastian, or two businesses located within the greater local area, the local vendor with the greatest number of full-time employees working in the City of Sebastian or the greater local area respectively, shall be awarded the contract or receive the first opportunity to negotiate as applicable. (d) Exception to local vendor preference policy. The local preference policy set forth herein shall not apply to any of the following purchases or contracts: (1) Goods or services provided under a cooperative purchasing agreement or piggyback agreement; or (2) Purchases or contract which are funded, in whole or part, by a governmental entity and the laws, regulations, or policies governing such funding prohibit application of that preference; or (3) Purchases made or contracts let under emergency or noncompetitive situations, or for litigation related legal services, as described in the city's purchasing policies; or (4) Purchases or contracts with an estimated cost of $5,000.00 or less; or (5) Purchases or contracts where the difference between the amount of the low bid submitted by a qualified and responsive nonlocal area business and the lowest bid submitted by a qualified and responsive local area business is greater than $25,000.00; or (6) Where all bids are rejected. (e) Waiver of the application for local vendor preference policy. Any request for the waiver of local preference to any particular purchase or contract must be heard by the city council prior to advertising the bid. The city council, as the awarding authority, may approve the waiver of local preference upon review and at its discretion. (f) Comparison and review of qualifications. The preferences established herein no way prohibit the right of the City of Sebastian to compare and review the quality of materials proposed for purchase, and to compare and review the qualifications, character, responsibility and fitness of all persons, firms or corporations submitting bids or proposals. Furthermore, the local preference established herein shall not prohibit the city from giving any other preference permitted by law in addition to the local preference contained herein. (g) Administration of local preference policy. This policy shall apply to all departments, functions and funds under the governance of the City of Sebastian, unless subsection (d) applies. Supp. No. 45 CD2:6.1 § 2-11 SEBASTIAN CODE (h) Dispute resolution. Any dispute arising under the provision of this section shall first be presented to the city manager for determination. The decision of the city manager shall be appealable to the city council, and the decision of the city council shall be final and binding on all parties. (Ord. No. 0-09-13, §§ 1, 2, 10-14-09) Editor's note—Ord. No. 0-09-13, §§ 1, 2, adopted Oct. 14, 2009, repealed former § 2-11, and enacted a new § 2-11 as set out herein. The former § 2-11 pertained to similar subject matter. See the Code Comparative Table for complete derivation. Secs. 2-12-2-30. Reserved.