HomeMy WebLinkAboutContract - 2SESAS-T�"
HOME OF PELICAN ISLAND
1225 Main Street
Sebastian, FL 32958
(772)388-8214 Phone
February 13, 2017
Timothy Rose Contracting
1360 SW Old Dixie Hwy
Vero Beach, FL 32962
RE: Release of Payment & Performance Bond for the Indian River Drive Angled
Parking-- Bond # 480254P.
Dear Timothy Rose Contracting:
I am releasing payment and performance bonds #480254P issued by Developers Surety and
Indemnity Company in the amount of $31,137.50 to the City of Sebastian to Provide Indian River
Drive Angled Parking.
Sincerely,
4U
Jeanette Williams
City Clerk
MMC
Attachment: Original Bonds #480254P
cc: City Manager
CityAttorney
City Engineer
CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this day oC( 2014, by and between the CITY OF
SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958,
and ( "City ") and Timothy Rose Contracting, Inc., 1360 SW Old Dixie Highway, Vero beach, FL 32962
( "Contractor. ") authorized to do business in the State of Florida.
WHEREAS, the City desires to engage a Florida licensed contractor who has special and unique
competence and experience in providing construction services necessary to complete the Project hereunder;
and,
WHEREAS, the Contractor represents that it has such competence and experience in providing these
services; and,
WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with
its procedure for selection of Contractor; and,
WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements
on such professional services.
IT IS, THEREFORE, AGREED as follows:
ARTICLE I - The Contractual Relationshi
1.0 EMPLOYMENT OF CONTRACTOR L
s.
The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to performf
professional services for the City in accordance with this Agreement to PROVIDE STAMPED CONCRETE ±;'3 �. ` • o
PARKING ON INDIAN RIVER DRIVE. This Agreement is not an exclusive agreement and the City': ay-
employ other contractors, professional or technical personnel to furnish services for the City as the City in its.
sole discretion finds is in the public interest.
The Agreement shall not be construed to create a contractual relationship of any kind between the City and
the Subcontractor(s), or, between any person or firm other than the City and Contractor.
The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or
of his right, title of interest therein or his obligations thereunder, or moneys due or to become due under
this Contract.
2.0 AGREEMENT DOCUMENTS
The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement,.: ;.
Supplemental Agreement(s), Notice of Invitation to Bid, Instructions for Bidders, Bid Proposal, Bond Forms,'.
Bid Specifications and Scope of Work, Work Orders, Change Orders, Addenda if any, any other documents
listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any.'
2.1 INTENT
The Specifications are an integrated part of the Contract Documents and as such will not stand alone if used' , 'q.
independently. The Specifications establish minimum standards of quality for this Project. They do not q.
purport to cover all details entering into the design and construction of materials or equipment. The intent of
the Agreement Documents is to set forth requirements of performance, type of equipment and structures; and
standards of materials and construction. It is also intended to include all labor and materials, equipment, and ti
transportation necessary for the proper execution of the Work, to require new material and equipment unless ;'
.4 ;
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otherwise indicated, and to require complete performance of the Work in spite of omission of specific
reference to any minor component part and to include all items necessary for the proper execution and
completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent
consistent with the Agreement Documents and reasonably inferable from them as being necessary to produce
the intended results.
2.2 ENTIRE AND SOLE AGREEMENT
Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the
parties and supersede all other agreements, representations, warranties, statements, promises, and
understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor
shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or
understandings not specifically set forth in the Agreement Documents.
2.3 AMENDMENTS
The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents
nor any tern thereof may be changed, waived, discharged or terminated orally, except by an instrument in
writing signed by the party against which enforcement of the change, waiver, discharge or termination is
sought.
2.4 CONSTRUING TERMS
This Agreement shall not be construed against the party who drafted the same, as both parties have obtained
experts of their choosing to review the legal and business adequacy of the same.
2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY
This Agreement shall be governed by the laws of the State of Florida, and any venue for any action pursuant to
the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial
by jury in any action to enforce or otherwise resolve any dispute arising hereunder.
2.6 TERM
This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall
extend until the Project is complete unless terminated in accordance with the terms hereunder.
3.0 DEFINITION OF TERMS
3.1 GENERAL
Whenever the following terms appear in these Agreement Documents, their intent and meaning shall, unless
specifically stated otherwise, be interpreted as shown.
3.2 ACT OF GOD
The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tornado or other
cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon (including tropical waves and
depressions) of normal intensity for the locality shall not be construed as an Act of God.
3.3 ADDENDUM (re: bid documents)
A modification of the plans or other contract documents issued by the Owner and distributed to prospective
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bidders prior to the opening of bids. All Addenda shall be considered as part of the Contract Documents.
3.4 AGREEMENT
A written agreement between the Contractor and Owner defining in detail the work to be performed. The
words Agreement and Contract, are one and the same.
3.5 A.S.T.M. DESIGNATION
Wherever the letters "A.S.T.M." are used in the Specifications, it shall be understood as referring to the
American Society for Testing Materials. When reference is made to a certain Designated Number of a
specification or test as set out or given by the American Society for Testing Materials, it shall be understood to
mean the current, up -to -date standard specification or tentative specification for that particular process, material
or test as currently published by that group.
3.6 BID
The bid or proposal is the written offer of a Bidder to perform work described by the contract documents when
made out and submitted on the prescribed proposal form properly sealed and guaranteed. The bid or proposal
shall be considered as part of the Contract Documents.
3.7 BID BOND or PROPOSAL GUARANTEE
Bidder shall submit a Bid Bond or Proposal Guarantee in the amount of 5% of the Base Bid, in the
form of a Cashier's Check, Unconditional Irrevocable Letter of Credit drawn in favor of the City of
Sebastian on a National Bank, or a bond from a surety company duly licensed in the State of Florida.
3.8 BIDDER
An individual, partnership, or corporation submitting a proposal for the work contemplated; acting directly or
through a duly authorized representative.
3.9 CHANGE ORDER
A written order issued to the Contractor by the City covering changes in the plans, specifications, or scope of
work when the amount of work changed is not deemed sufficient to require a supplemental agreement, and/or
to cover adjustments in the Contract Price or Contract Time.
3.10 CONTRACT ADDENDUM
A special written provision modifying or clarifying the terms and conditions of the Contract. The Contract
Addendum shall be considered as part of the contract documents.
3.11 CONTRACTOR
The word "Contractor" shall mean an individual, partnership, or corporation, and its heirs, executors,
administrators, successors and assigns, or the lawful agent of any such individual, firm, partnership, covenant
or corporation, or its surety under any contract bond, constituting one of the principals to the Contract and
undertaking to perform the work herein.
3.12 DIRECTED, ORDERED APPROVED & ETC.
Wherever in the Agreement Document the words "directed ", " ordered ", " approved ", "permitted ", "acceptable ",
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or words of similar import are used, it shall be understood that the direction, order, approval or acceptance of
the Owner is intended unless otherwise stated.
3.13 ENGINEER
A Professional Engineer duly licensed and registered in the State of Florida and designated by the City as
the Engineer -of- Record. The City may designate a staff member as Engineer who is not licensed.
3.14 GENERAL CONDITIONS
The directions, provisions and requirements contained within the Agreement Documents, all describing the
general manner of performing the Work including detailed technical requirements relative to labor, material
equipment, and methods by which the Work is to be performed and prescribing the relationship between the
City and the Contractor.
3.15 INSPECTOR
A duly authorized representative of the City assigned to make official inspections of the materials furnished
and of the work performed by the Contractor.
3.16 LABORATORY
Any licensed and qualified independent laboratory designated by, or acceptable to the City to perform
necessary testing of materials for this project. All testing will be the responsibility of the contractor to hire a
licensed testing firm to conduct any testing which is included in the price of various bid items.
3.17 OWNER
City of Sebastian
3.18 PERFORMANCE AND PAYMENT BONDS
Contractor shall submit bonds in the form prescribed by State Law, and generally as shown on sample forms
herein, for Performance and Payment, no performance or payment bonds for this project.
3.19 PLANS
The official, approved engineering plans, including reproduction thereof, showing the location, character,
dimensions and details of the work to be done. All shop drawings submitted by the Contractor shall be
considered as part of the contract documents.
3.20 PROPOSAL
The proposal or bid is the written offer of a Bidder to perform the work described by the Contract Documents
when made out and submitted on the prescribed proposal form, properly signed and guaranteed. The proposal
or bid shall be considered as part of the contract documents.
3.21 SPECIAL CONDITIONS
Special clauses or provisions, supplemental to the Plans, Standard Specifications and other contract documents,
setting forth conditions varying from or additional to the Standard Specifications for a specific project.
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3.22 SPECIFICATIONS
The directions, provisions, and requirements together with all written agreements made or to be made, setting
forth or relating to the method and manner of performing the Work, or to the quantities and qualities of
materials, labor and equipment to be furnished under the Agreement.
3.23 SUBCONTRACTOR
An individual, partnership or corporation supplying labor, equipment or materials under a direct contract with
the contractor for work on the project site. Included is the one who supplies materials fabricated or formulated
to a special design according to the plans and specifications for the particular project.
3.24 SUPPLEMENTAL AGREEMENT
A written understanding, or proposal and acceptance, executed between the City and the Contractor subsequent
to execution of the Agreement herein with the written consent of the Contractor's Surety, relating to the work
covered by the Agreement and clarifying or furthering the terms thereof. A modification to the Agreement shall
be made by Contract Addendum.
3.25 SURETY
Surety is a corporation qualified to act as surety under the laws of Florida, who executes the Contractor's
Performance and Payment Bonds and is bound with the Contractor for the acceptable performance of the
contracted work and for the payment of all debts pertaining thereto.
3.26 WORK, (The) or PROJECT (The)
The public improvement contemplated in the Plans and Specifications, and all actions necessary to construct
the same.
3.27 WORK ORDER
Work orders are work instructions including specifications and plans that show the location, character,
dimensions and details to the work to be done. Work orders are specific instructions, of limited scope, that will
be a part of this contract. Work orders shall be considered as part of the contract documents. Any Work
Orders considered to be Change Orders of any kind shall be in writing and address, at a minimum, any changes
in the scope of work and the related impact on Contract Price / Cost and Time / Schedule.
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ARTICLE H - Performance
4.0 PLANS, SPECIFICATIONS AND RELATED DATA
4.1 INTENT OF THE SPECIFICATIONS
The intent of the Plans, Specifications, Work Orders and other Contract Documents is that the Contractor
furnishes all labor and materials, equipment, supervision and transportation necessary for the proper execution
of the Work unless specifically noted otherwise. The Contractor shall do all the work shown on the plans and
described in the Specifications and other Contract Documents and all incidental work considered necessary to
substantially complete the Work ready for use, occupancy, or operation in a manner acceptable to the City.
4.2 CONFLICT
In the event of any inconsistency, discrepancy or conflict between the Agreement, the Plans, Specifications,
and other Contract Documents, the Agreement shall prevail and govern over all except a subsequently executed
Contract Addendum; in the event of an inconsistency, discrepancy or conflict between the Plans and
Specifications, the Specifications shall prevail and govern.
4.3 DISCREPANCIES IN PLANS
Any discrepancies found between the Plans, the Specifications and site conditions, or any errors or omissions
in the Plans and Specifications, shall be immediately reported to the Engineer and City. The City Engineer
shall promptly determine the validity and seriousness of the claimed condition and correct any such error or
omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of
such discrepancies, errors or omissions shall be done at the Contractor's risk.
Any correction or errors or omissions in Plans and Specifications may be made by the City Engineer when
such correction is necessary for the proper fulfillment of their intention as construed by the City Engineer.
Where said correction of errors or omissions, except as provided in the next two (2) paragraphs below, adds to
the amount of work to be done by the Contractor, compensation for said additional work shall be made under
the Paragraph 10.7 CHANGESIN THE WORK below, except where the additional work may be classed under
some item of work for which a unit price is included in the proposal.
The fact that specific mention of any part of work is omitted in the Specifications, whether intentionally or
otherwise, when the same is clearly shown on the Plans, or is usually and customarily required to complete
fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim
for extra compensation, but the said work must be installed or done the same as if called for in the Plans and
Specifications.
All work indicated on the Plans and not mentioned on the Specifications or vice versa, and all work and
material usual and necessary to make the Work complete in all its parts, whether or not they are indicated on
the plans or mentioned in the Specifications, shall be furnished and executed the same as if they were called for
in both the Plans and Specifications. The Contractor will not be allowed to take advantage of any errors or
omissions in the Plans and technical provisions of the Specifications. The Engineer will provide full
information when errors or omissions are discovered.
4.4 SPECIFICATIONS AT JOB SITE
One (1) complete set of the Plans, Specifications, Work Orders, Addenda, Change Orders, Shop Drawings
and samples shall be maintained at the job site, in good order and annotated to show all changes made during
the construction process, and shall be available to the Engineer and City at all times. A fmal copy thereof,
along with "as- built" record drawings, operations and maintenance manuals, and data sheets, shall be delivered
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to the Engineer upon the completion of the Work.
4.5 DIMENSIONS
Dimensions and project limits will be field measured in advance of the project with city staff from the projects
limits of the angled parking area along Indian River Drive. Where the work of the Contractor is affected by
finished dimensions, these shall be verified by the Contractor at site, and he shall assume the responsibility for
their use.
4.6 SAMPLING AND TESTING
Except as otherwise provided, sampling and testing of all materials, and the laboratory methods and testing
equipment, required under the Specifications shall be in accordance with the latest standards or tenets of the
American Society for Testing Materials.
The testing of samples and materials shall be made at the expense of the Contractor, except where indicated
otherwise. The Contractor shall furnish any required samples without charge. The Contractor shall be given
sufficient notification of the placing of orders for materials to permit testing. As an exception to the above,
when the Contractor represents a material or an item of work as meeting Specifications and under recognized
test procedures it fails, any re- testing shall be at the Contractor's expense, billed at the Testing Laboratory's
standard rate for individual tests.
It is expected that all inspections and testing of materials and equipment will be done locally. If the Contractor
desires that inspections for tests be made outside of the local area, all expenses, including per diem for the
Engineer or Inspectors, shall be borne by the Contractor.
4.7 SHOP DRAWINGS (if Required)
The Contractor shall provide shop drawings, setting schedules, and other drawings as may be necessary for the
prosecution of the Work in the shop and in the field as required by the Specifications or Engineer's
instructions. Deviations from the Plans and Specifications shall be called to the attention of the City at the time
of the first submission of shop drawings and other drawings. The City's approval of any shop drawings shall
not release the Contractor from responsibility for errors, corrections of details, or conformance with the
Contract. Shop drawings shall be submitted according to the following schedule:
(a) Seven (7) copies shall be submitted to the City at least thirty (30) days before the materials
indicated thereon are to be needed or earlier if required to prevent delay of work or to comply
with subparagraph (b).
(b) The City shall, within fourteen (14) days of the submittal of any shop drawings, return three (3)
copies to the Contractor marked with any corrections and changes required and noting if the
drawings are acceptable as noted, or if resubmittal is required.
(c) The Contractor shall then correct the shop drawings to conform to the corrections and changes
requested by the City and resubmit six (6) copies to the City.
(d) Three (3) copies of Approved Shop Drawings shall be returned to the Contractor by the City.
4.8 QUALITY OF EQUIPMENT AND MATERIALS
In order to establish standards of quality, the Specifications may refer to certain products by name and catalog
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number. This procedure is not to be construed as eliminating from competition other products of equal or
better quality by other manufacturers where fully suitable in design.
The Contractor shall furnish to the City a complete list of his proposed desired substitutions prior to the signing
of the Contract, together with such engineering and catalog data as the City may require. Further substitutions
may be submitted during the course of work in accordance with Paragraph 4.10 SUBSTITUTION OF
EQUIPMENT AND /OR MATERIAL below.
The Contractor shall abide by the City's judgment when proposed substitution of materials or items or
equipment are judged to be unacceptable and shall furnish the specified material or item of equipment in such
case. All proposals for substitutions shall be submitted to the City in writing by the Contractor and not by
individual trades or material suppliers. The City will advise of approval or disapproval of proposed
substitutions in writing within a reasonable time. No substitute materials shall be used unless approved by City
in writing.
4.9 EQUIPMENT APPROVAL DATA
The Contractor shall furnish one (1) copy of complete catalog data for every manufactured item of equipment
and all components to be used in the Work, including specific performance data, material description, rating,
capacity, material gauge or thickness, brand name, catalog number and general type.
This submission shall be compiled by the Contractor and submitted to the City for review and written approval
before any of the equipment is ordered. Each data sheet or catalog in the submission shall be indexed
according to specification section and paragraph for easy reference. After written approval is received by the
Contractor, submission shall become a part of the Contract and may not be deviated from except upon written
approval of the City.
Catalog data for equipment approved by the City does not in any case supersede the Contract Documents. The
acceptance by the City shall not relieve the Contractor from responsibility for deviations from Plans or
Specifications, unless he has called the City's attention, in writing, to such deviations at the time of submission,
nor shall it relieve him from responsibility for errors of any sort in the items submitted. The Contractor shall
check the work described by the catalog data with the Contract Documents for deviations and errors.
It shall be the responsibility of the Contractor to insure that items to be furnished fit the space available. He
shall make necessary field measurements to ascertain space requirements, including those for connections, and
shall order such sizes and shapes of equipment that the field installation shall suit the true intent and meaning
of the Plans and Specifications.
Where equipment requiring different arrangement of connections from those shown is approved, it shall be the
responsibility of the Contractor to install the equipment to operate properly, and in harmony with the intent of
the Plans and Specifications, and to make all changes in the Work required by the different arrangement of
connections at his own expense.
4.10 SUBSTITUTION OF EQUIPMENT AND /OR MATERIAL
After the execution of the Contract Agreement, the substitution of equipment and/or material for that specified
will be considered if:
(a) The equipment and/or materials proposed for substitution is determined by the City to be
equal or superior to that specified in the Contract;
(b) Unless determined to be of superior quality, the equipment and/or material proposed for
substitution is less expensive than that specified and that such savings to the City, as proposed
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by the Contractor, are submitted with the request for substitution. If the substitution is
approved, the Contract price shall be reduced accordingly; and
(c) The equipment and/or material proposed for substitution is readily available and its delivery
and use, if approved as a substitution, will not delay the scheduled start and completion of the
specified work for which it is intended or the scheduled completion of the entire work to be
completed under the contract.
No request will be considered unless submitted in writing to the City and approval by the City must also be in
writing. To receive consideration, requests for substitutions must be accompanied by documentary proof of the
actual difference in cost to the Contractor in the form of quotations to the contractor covering the original
equipment and /or material, and also equipment and/or material proposed for substitution or other proof
satisfactory to the City. It is the intention that the City shall receive the full benefit of the saving in cost
involved in any substitution unless the item is substituted for one designated in the Specifications by specific
manufacturer's name and type, in which case one -third of the savings shall accrue to the benefit of the
Contractor.
In all cases, the burden of proving adequate proof that the equipment and/or material offered for substitution is
equal or superior in construction and/or efficiency to that named in the Contract shall rest on the Contractor
and the proof will be submitted to the City. Request for substitution of equipment and/or material which the
Contractor cannot prove to the satisfaction of the City, at its sole discretion and judgment, to be equal or
superior in construction and/or efficiency to that named in the Contract will not be approved.
5.0 MATERIALS AND WORKMANSHIP
5.1 MATERIALS FURNISHED BY THE CONTRACTOR
All materials and equipment used in the Work shall meet the requirements of the respective Specifications, and
shall not be used until it has been approved in writing by the City. Wherever the specifications call for an item
of material or equipment by a manufacturer's name and type, and additional features ofthe item are specifically
required by the specifications, the additional features specified shall be provided whether or not they are
normally included in the standard manufacturer's item listed.
Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and
the specified item becomes obsolete and is no longer available, the Contractor shall provide a substitute item of
equal or superior quality and performance which is acceptable to the Engineer and City and is currently
available, at no increase in Contract price.
5.2 STORAGE OF MATERIALS
Materials and equipment shall be stored so as to incur the preservation oftheir quality and fitness for the Work.
When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on
the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to
facilitate prompt inspection. Private property zoned for or adjacent to land zoned for residential uses shall not
be utilized for storage purposes without special prior arrangement.
5.3 REJECTED WORK AND MATERIAL
Any materials, equipment or work which does not satisfactorily meet the Specifications may be condemned by
the Engineer or City by giving a written notice to the Contractor. All condemned materials, equipment or work
shall be promptly taken out and replaced.
All materials and equipment which do not conform to the requirements of the Contract Documents, are not
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equal or superior to samples approved by the Engineer and City, or are in any way unsatisfactory or unsuited
to the purpose, for which they are intended, shall be rejected. Any defective work whether the result of poor
workmanship, use of defective materials, damaged through carelessness or from other cause shall be removed
within ten (10) days after written notice is given by the City, and the work shall be re- executed by the
Contractor. The fact that the Engineer or the City may have previously overlooked such defective work shall
not constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials
within ten (10) days after written notice to do so, the City may remove them and may store the materials and
equipment. Satisfaction of warranty work after final payment shall be in accordance with Paragraph 10.15.
5.4 MANUFACTURER'S DIRECTION
Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned,
and conditioned as directed by the manufacturer unless herein specified to the contrary.
5.5 SKILL AND CHARACTER OF WORKERS
All workers must have sufficient knowledge, skill and experience to perform properly the work assigned to
them. Any supervisor or worker employed by the Contractor or subcontractors who, in the opinion of the
Engineer or the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a
disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall
not be employed again in any portion of the Work without the approval of the City.
The Contractor shall at all times be responsible for the conduct and discipline of its employees and/or any
subcontractor or persons employed by subcontractors.
5.6 CUTTING AND PATCHING
The Contractor shall do all necessary cutting and patching of the Work that may be required to properly receive
the work of the various trades or as required by the Plans and Specifications to complete the Work. Contractor
shall restore all such cut or patched work as directed by the Engineer or the City. Cutting of existing structures
that could endanger the Work, adjacent property, workmen or the public shall not be done unless approved by
the Engineer and under Engineer's surveillance.
5.7 CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish
caused by its employees or work. At the completion of the Work, contractor shall remove all rubbish, tools,
scaffolding and surplus materials and shall leave the Work "broom clean" or its equivalent, unless more exactly
specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a
satisfactory manner. At no additional expense to the City, the Contractor will restore to their original conditions
or better, as nearly as practicable, those portions of the site not designated for alteration and all such property,
structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment
will be withheld until such clean up and repairs are completed
The Work will be considered complete only after all debris and unused material due to or connected with the
Work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the
City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four
(24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an
independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys
due the Contractor.
5.8 CITY'S OWNERSHIP OF MATERIALS
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Any and all materials, whether structural or natural, found within the limits of the project remain the property
of the City unless City ownership is specifically conveyed to the Contractor.
All material, equipment and work become the sole property of the City as installed. These provisions shall not
be construed as relieving the Contractor from the sole responsibility for all materials and work for which
payments have been made, for the restoration of damaged work, or as a waiver of right of the City to require
the fulfillment of all the terms of the Contract.
5.9 GUARANTEE
The Contractor shall warrant all its material and equipment furnished and work performed for a period of one
(1) year from the date of final written acceptance of the Work by City.
Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and material
warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the Engineer
for review and acceptance prior to final payment.
Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach of
contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of
limitations for bringing a breach of contract or other action based upon any such deficiencies.
6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR
6.1 PERSONNEL EQUIPMENT AND RECORD REQUIREMENTS
Adequate field notes and records shall be available for review by the City and Engineer as the Work progresses
and copies shall be available if necessary. Any inspection or checking of the Contractor's field notes or layout
work by the City and the acceptance of all or any part thereof, shall not relieve the Contractor the responsibility
to achieve the lines, grades and dimensions shown in the Plans and Specifications.
Prior to final acceptance of the project, the Contractor shall mark in a permanent manner on the surface of the
completed Work all control points shown on the Plans.
6.2 CONTROL POINTS FURNISHED BY THE CITY
The City will provide boundary or other control points and bench marks as shown on the Plans as
"Contractor's Survey Control Point ", if any is provided. The Contractor shall be responsible for all survey
control of his work during construction. The Contractor shall preserve all reference points and benchmarks
furnished by the City.
6.3 FURNISHING OF STAKE MATERIALS
The Contractor shall furnish all stakes, templates and other materials necessary for establishing and
maintaining the lines and grades necessary for control and construction of the Work.
6.4 LAYOUT OF WORK
Utilizing the control points furnished by the City in accordance with Paragraph 6.2, the Contractor shall
establish all horizontal and vertical controls necessary to construct the Work in conformance with the Plans and
Specifications. The Work shall include performing all calculations required and setting all stakes needed such
as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or points
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necessary to provide lines and grades for construction of all contract items.
Survey notes indicating the information and measurements used in establishing locations and grades shall be
kept in notebooks and furnished to the Engineer with the record drawings for the Project.
6.5 SPECIFIC STAKING REQUIREMENTS
Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project is constructed
to meet the lines and grades shown on the Plans.
For construction stakes and other control, references shall be set at sufficiently frequent intervals to assure that
all components of a structure are constructed in accordance with the lines and grades shown in the Plans.
6.6 PAYMENT
The cost of performing layout work as described above shall be included in the contract prices for the various
items of work to which it is incidental.
6.7 COORDINATION WITH CITY
The City's recorded subdivision plats shall be considered correct. The distance, bearing and curve information
provided shall be used by the Contractor's surveyor to establish alignment throughout construction. All
surveying activities will be coordinated with the City's surveyor as needed for proper completion of all work on
the site.
Primary control monuments, originally set by the City, that are disturbed or destroyed during construction shall
be accurately replaced by the Contractor's surveyor to the satisfaction of the City's surveyor.
6.8 LOCATION OF EXISTING UTILITIES AND PIPING
All existing underground utilities, such as telephone, cable television and electrical cables must be located by
the Contractor prior to starting work. The Contractor shall contact the Utilities at least 48 hours prior to
commencing any work within the project area. There may be other utilities within the project area.
The cost of substantiating the location of utilities shall be borne by the Contractor and included in the bid price.
The Contractor shall be responsible for the repair and/or replacement of any damage caused to utilities by
Contractor forces during the course of construction. Utilities deemed to require relocation shall be identified by
the Contractor prior to commencing work. The Contractor shall notice the City of the conflict and seek
direction from the City prior to proceeding with work. Directions from the City may be to proceed despite
conflict, place work order on hold and commence work at a different location, or relocate utilities under
separate contract with the utility or a change order to be directed by the City.
7.0 PROGRESS AND COMPLETION OF WORK
7.1 CONTRACTOR'S OBLIGATION
Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be
solely responsible for and have control over construction means, methods, techniques, sequences and
procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents
give other specific instructions concerning these matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials,
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equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other
facilities and services necessary for the proper execution and completion of the Work, whether temporary or
permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in
the Contract Documents, Contractor shall pay all sales, use and other similar taxes.
Contractor shall enforce strict discipline and good order among Contractor's employees and other persons
carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks
assigned to them.
Contractor currently holds and shall maintain at all times during the term of this Contract all required federal,
state and local licenses necessary to perform the Work required under the Contract Documents.
Contractor shall be responsible to the City for the acts and omissions of Contractor's employees, Subcontractors
and their agents and employees, and other persons performing portions of the Work under a contract with
Contractor. Contractor shall indemnify, defend and hold City harmless from all claims arising out of or related
to its performance of the Work except for acts arising solely from the active negligence of the City.
7.2 START OF CONSTRUCTION
The Contractor shall commence work on the date specified in the Notice to Proceed subsequently issued by the
City, or as specifically noted in any Contract Addendum. However, in no case shall the Contractor commence
work until the City has been furnished and acknowledges receipt of the Contractor's Certificates of Insurance
and a properly executed performance and payment bond as required.
7.3 CONTRACT TIME
The contractor shall complete, in an acceptable manner, all of the Work in the time stated in the Contract
Agreement and any Addenda or Change Orders thereto. The contract time is 60 consecutive calendar days
from start of work date.
7.4 SCHEDULE OF COMPLETION
The Contractor's schedules are subject to the approval of the City, which shall not be unreasonably withheld,
and shall reflect a logical sequence of the various components of work and the anticipated rates of production
necessary to complete the Work on or before the completion date. Said schedules shall be submitted within ten
(10) days of the execution of the agreement by the City except when requested otherwise and shall be updated
and resubmitted to the City on the twenty -fifth (25th) day of every month with the Contractor's pay request.
7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE
The Contractor shall coordinate its work with other contractors, the City, and utilities to assure orderly and
expeditious progress of work.
The City shall hold a pre - construction conference at Sebastian City Hall at a time and date mutually agreed
upon with the Contractor after the Contract has been awarded and fully executed.
7.6 PROPERTY OF OTHERS
A. Public Ownership
The Contractor shall be responsible for the preservation of all public property, trees, monuments, etc., along
and adjacent to the street and/or right -of -way, and shall use every precaution necessary to prevent damage or
injury thereto. He shall use suitable precautions to prevent damage to pipes, conduits and other underground
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structures, and shall protect carefully from disturbance or damage all monuments and property marks until a
land surveyor has witnessed or otherwise referenced their location and shall not remove them until so directed
by the Engineer in writing. The City shall remove and relocate all traffic control signs as required.
B. Private Ownership
Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house numbers, fences, etc.
may be removed and relocated by the property owners. The City will not remove, relocate, or re- install mail
boxes, sprinkler systems, ornamental shrubs, etc. belonging to a private property owner. However, should such
items not be removed or relocated by the start of construction, the Contractor shall remove the objects, in a
manner which does not damage or injure the objects at no extra cost to the City, which interfere with the
construction of the Project and place them on the property owner's front lawn just outside the project limits.
Otherwise, the Contractor shall not enter upon private property for any purpose without obtaining permission
from the property Owner thereof. Where extensive intrusions upon private property are required for
construction, the City and Contractor shall cooperate to obtain Temporary Construction Easements from the
landowner.
7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES
All utilities and all structures of any nature, whether below or above ground, that may be affected by the Work
but are not required to be disturbed or relocated by the very nature of the project, shall be protected and
maintained by the Contractor and shall not be disturbed or damaged by Contractor forces during the progress
of the Work; provided that, should the Contractor disturb, disconnect or damage any utility or any structure, all
expenses of whatever nature arising from such disturbance or the replacement or repair and testing thereof shall
be borne by the Contractor.
7.8 CROSSING PUBLIC FACILITIES
When new construction crosses highways, railroads, streets or similar public facilities under the jurisdiction of
state, county, city, or other public agency or private entity, the City through the Engineer shall secure written
permission prior to the commencement of construction of such crossing. The Contractor will be required to
furnish evidence of compliance with conditions of the permit from the proper authority before final acceptance
of the Work by City. Road closures are governed by Paragraph 8.3.
7.9 CHANGES IN THE WORK
The City may order changes in the Work through additions, deletions or modifications without invalidating the
Contract; however, any change in the scope of work or substitution of materials shall require the written
approval of the City. Compensation and time of completion affected by the change shall be adjusted at the time
of ordering such change. New and unforeseen items of work found to be necessary and which cannot be
covered by any item or combination of items for which there is a contract price shall be classed as changes in
the Work. The Contractor shall do such changes in the Work and furnish such materials, labor and equipment
as may be required for the proper completion of construction of the work contemplated. In the absence of such
written order, no claim for changes in the Work shall be considered. Changes in the Work shall be performed
in accordance with the Specifications where applicable and work not covered by the specifications or special
provisions shall be done in accordance with specifications issued for this purpose. Changes in the Work
required in an emergency to protect life and property shall be performed by the Contractor as required.
7.10 EXTENSION OF CONTRACT TIME
No extension of time shall be valid unless given in writing by the City. No monetary compensation shall be
given for such delay.
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A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an
extension of time in which to complete the Work as determined by the City provided, however, the Contractor
shall immediately give written notice to the City of the cause of such delay.
"Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager
when said Project Manager determines that weather conditions make it counterproductive to work on said days.
"Rain day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain
day" extensions granted shall be processed as a Change Order with each pay submittal.
In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be granted an
extension of time to complete the Work for as many calendar days as the Work was suspended; except,
however, that the Contractor will not be granted an extension of time to complete the Work if the suspension
was caused by a fault of the Contractor.
7.11 CORRECTION OF WORK
Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the
Contract Documents, whether observed before or after completion of the Work and whether or not fabricated,
installed or completed, and shall correct any Work found to be not in accordance with the requirements of the
Contract Documents within a period of one (1) year from the date of completion of the Work or by the terms of
an applicable special warranty required by the Contract Documents. The provisions ofthis Paragraph apply to
the Work done by Subcontractors as well as to the Work done by direct employees of Contractor.
Nothing contained in this Paragraph shall be construed to establish a period of limitation with respect to other
obligations which Contractor might have under the Contract Documents. Establishment of the time period of
one (1) year as described in Subparagraph 7.11(a) above relates only to the specific obligation of Contractor to
correct the Work, and has no effect on the time within which the obligations of the Contract Documents may
be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability
with respect to Contractor's remaining contractual obligations.
7.12 LIQUIDATED DAMAGES
In the event Contractor violates or fails to perform any provision of the Contract Documents, then the City may
elect to receive, and Contractor agrees to pay, liquidated damages in the amount of one hundred dollars ($100)
per da y beyond the agreed completion date. Inspection of the Work by the City and the subsequent issuance of
a notice by the City indicating substantial completion will be the date used to signify work completion. If
completion is beyond the schedule agreed upon, liquidated damages may be imposed by the City on the
Contractor and will be withheld from payment.
It is expressly acknowledged by Contractor that said payment shall not be interpreted nor construed as a
penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event Contractor fails
to perform as required hereunder or violates any provision of the Contract Documents.
8.0 PUBLIC HEALTH AND SAFETY
8.1 PROTECTION OF PERSONS AND PROPERTY
The Contractor shall submit, for the City's approval, a project safety and security plan which describes the
Contractor's plans and procedures to protect the safety and property of property owners, residents, and passers-
by. The plan shall describe measures and precautions to be taken during working hours and non - working
hours.
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A. Safety Precautions and Prop rams
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety
and Health Act and the laws of the State of Florida.
This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply with
all relevant standards of Occupational Safety and Health Act. Failure to comply with the Act constitutes a
failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from
penalties charged to the City for violations of OSHA committed by the Contractor or any and all
subcontractors.
B. Safety of Persons and Property
The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable
protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be
affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off
the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other
property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal, relocation or replacement in the course of construction.
The Contractor shall be held fully responsible for such safety and protection until final written acceptance of
the Work.
Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment at all times.
Temporary provisions shall be made by the Contractor to insure the proper functioning of all swales, gutters,
sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed except as approved by the
City. The Contractor acknowledges that, in executing the Project, it will operate machinery and equipment that
may be dangerous to the adjacent property owners and the general public. The Contractor will be required to
conduct excavations for the Project that may be hazardous to person and property. The Contractor shall
develop and implement a job safety and security plan that will adequately protect all property and the general
public.
Contractor shall rigorously prohibit the committing of nuisances on the site of the Work, on the lands of the
City or an adjacent property.
8.2 TRAFFIC CONTROL
All safety precautions, traffic control, and warning devices necessary to protect the public and workmen from
hazards within the right -of -way shall be in strict accordance with SECTION 102, MAINTENANCE OF
TRAFFIC, in the Florida Dept. of Transportation (FD07) Std. The State ofFlorida Manual of Traffic Control
and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations Specifications
for Road and Bridge Construction, latest edition shall be used as minimum standards, as applicable.
Further, the Contractor shall carry on the Work in a manner that will cause the least possible obstruction and
interruption in traffic, and the least inconvenience to the general public and the residents in the vicinity of the
work.
8.3 ROAD CLOSURE AND DETOURS
Local traffic shall be maintained within the limits of the Project for the duration of the construction period.
Closing to through travel of more than two (2) consecutive blocks, including the cross street intersected will
not be permitted without specific authorization of the City. No road or street shall be closed to the public
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except with the permission of the City and proper governmental authority. When closing of roads is
permitted, it shall require forty -eight (48) hours notification to the City. Traffic detours shall be pre- approved
prior to closing. "Street Closed to through Traffic" signs and "Detour" routes shall be indicated and maintained
by the Contractor when the job is located in a public or private street.
8.4 PROVISION OF ACCESS
Where traffic must cross open trenches, the contractor shall provide adequate ingress and egress to dwellings,
business facilities, utilities and service. Temporary provisions shall be made by the Contractor to insure the use
of sidewalks. The Contractor shall provide suitable crossings at street intersections and driveways, and supply
such aid as may be required for pedestrians and motorists, including delivery vehicles, to safely negotiate the
construction areas.
On completion of Work within any area, the Contractor shall remove all debris, excess materials, barricades
and temporary Work leaving walkways and roads in said area clear of obstructions.
8.5 WARNING SIGNS AND BARRICADES
The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as required, and all such
other necessary precautions for the protection of the Work and the safety of the public. All barricades and
obstructions shall be protected at night by regulatory signal lights which shall be kept in operation from sunset
to sunrise.
Barricades shall be of substantial construction and shall be reflective to increase their visibility at night.
Suitable warning signs shall be so placed and illuminated at night as to show in advance where construction,
barricades or detours exist. Unless so designated in the Bid Documents, no direct payment for this work will be
made, but the cost of providing, erecting and maintaining such protection devices, including guards, watchmen
and/or flagmen as required shall be considered as included and paid for in the various contract prices of the
Work.
Warning signs and barricades shall be in conformance with the State ofFlorida, Manual ofTrafc Control and
Safe Practices for Street and Highway Construction, Maintenance and Utility Operations, latest edition.
The Contractor shall provide and maintain adequate barricades, construction signs, torches, flashers, guards
and flagmen as required in pedestrian and vehicular traffic areas. Regulations of local authorities shall be
compiled with. Advance warning signs are required on all streets where work is being conducted. Lane
closures shall be signed and barricaded or coned as indicated in aforementioned FDOT Index. Flagmen may
be required where traffic and length of lane closure warrant them. Where such a plan is needed, Contractor
shall submit and obtain approval of their traffic control plan by the City.
8.6 OPEN TRENCHES
The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to open trenches
during construction. The Contractor shall be place construction hazard fencing along any open trenches during
the construction work -day, and shall leave no open trenches or excavations over -night unless properly fenced
and with the specific approval of the Engineer or the City.
8.7 PLACEMENT OF HEAVY EQUIPMENT
The Contractor shall not leave construction equipment parked in front of or on a residential lot overnight or on
weekends. At the close of work each day, the equipment shall be driven to and stored in a designated area so
that the equipment will not become an "attractive nuisance" to neighborhood children. All equipment left
unattended during the course of working day, such as during lunch hours or work breaks, shall not be left in a
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condition or location which would create a safety hazard to the general public. All keys shall be removed
from the machines during those times.
8.8 TEMPORARY FACILITIES AND CONTROLS
The Contractor shall provide controls for sanitary facilities, environmental protection and safety controls on
site acceptable to the Florida Department of Health and Rehabilitative Services, Department of Environmental
Protection, and St. Johns River Water Management District.
8.9 SANITARY PROVISION
The Contractor shall provide and maintain such sanitary accommodations adequate for the use of his
employees and those of his subcontractors, and as may be necessary to comply with the requirements and
regulations of the local and state departments of health.
Such facilities shall be made available when the first employees arrive on site of the Work, shall be properly
secluded from public observation, and shall be constructed and maintained during the progress of the Work in
suitable numbers and at such points and in such manner as may be required or approved.
The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at all times and shall
enforce their use. The City shall have the right to inspect such facilities at all times to determine whether or
not they are being properly and adequately maintained. Following the period of necessity for such
accommodations, they and all evidence affixed thereto shall be removed.
8.10 WATER AND ELECTRIC SUPPLY
The Contractor shall make all necessary applications and arrangements, and pay all fees and charges for water
and electrical service necessary for the proper completion of the Project up to the time of final acceptance. The
Contractor shall provide and pay for any temporary piping and connections.
8.11 NOISE CONTROL
The Contractor shall provide adequate protection against objectionable noise levels caused by the operation of
construction equipment, and shall submit a plan to the Engineer for review prior to initiation and
implementation of the plan.
8.12 DUST CONTROL
The Contractor shall provide for adequate protection against raising objectionable dust clouds caused by
moving construction equipment, high winds or any other cause, and shall submit a plan to the Engineer for
review prior to initiation and implementation of the plan.
8.13 WATER CONTROL
The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to the Engineer
for review prior to initiation and implementation of the plan. Prior approval shall be obtained from the proper
authorities for the use of public or private lands or facilities for such disposal.
8.14 POLLUTION, SILTATION AND EROSION CONTROL
The Contractor shall provide for and take sufficient precautions to prevent pollution of private and public
lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus materials in the forms of solids,
liquids or gases including, but not limited to, fuels, oils bitumen, calcium chloride or other harmful materials.
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Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize pollution or
silting of streams, lakes and reservoirs and to avoid interference with movement of migratory fish where there
is a high potential for erosion and subsequent water pollution.
Erosion control features shall be constructed concurrently with other work and at the earliest practicable time.
The Contractor shall prepare a detailed description of Contractor's plan for Erosion and Turbidity Control,
including location of erosion control and turbidity control devices, marked on a plan set as needed for clarity.
The erosion and turbidity control shall meet the requirements of the St. John's River Water Management
District and the applicable City's NPDES program for control of discharge of Total Suspended Matter, and
shall prevent water and wind erosion of open excavations and swales.
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ARTICLE III - Supervision and Administration
9.0 ENGINEER, CITY, CONTRACTOR RELATIONS
9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY
All work done shall be subject to the construction review of the Engineer and City. Any and all technical
questions which may arise as to the quality and acceptability of materials furnished, work performed, or work
to be performed, interpretation of Plans and Specifications and all technical questions as to the acceptable
fulfillment of the Contract on the part of the Contractor shall be referred to the Engineer who will resolve such
questions.
9.2 ENGINEER'S DECISION
All claims of a technical nature of the City or Contractor shall be presented to the Engineer for resolution.
9.3 SUSPENSION OF WORK
The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed
necessary and for whatever cause, to include but not be limited to, unsuitable weather or such other conditions
as are considered unfavorable for prosecution of the Work, failure on the part of the Contractor to carry out the
provisions of the Contract or to supply materials meeting the requirements of the Specifications, or the action
of a governmental agency, by serving written notice of suspension to the Contractor. In the event that the
Engineer shall become aware of any condition which may be cause for suspension of the Work, the Engineer
shall immediately advise the City of such condition. The Contractor shall not suspend operations under the
provisions of this Paragraph without the City's permission.
9.4 CONSTRUCTION REVIEW OF WORK
All materials and each part or detail of the Work shall be subject at all times to construction review by the
Engineer and the City. The Engineer and the City may appoint inspectors. The Contractor will be held strictly
to the true intent of the Specifications in regard to quality of materials, workmanship, and the diligent
execution of the Contract. Such construction review may include mill, plant, or shop inspection, and any
material furnished under the Specifications is subject to such inspection. The Engineer and the City shall be
allowed access to all parts of the Work and shall be furnished with such information and assistance by the
Contractor as is required to make a complete and detailed review. The City shall not be responsible for the acts
or omissions of the Contractor.
9.5 FIELD TESTS AND PRELIMINARY OPERATION
The Contractor shall perform the work of placing in operation all equipment installed under this Contract,
except as specifically noted hereinafter.
The Contractor shall make adjustments necessary for proper operation.
The Contractor shall provide construction labor required for preliminary operation of the equipment installed
under this Contract.
The Contractor shall notify the City when work is considered to be complete, in operating condition, and ready
for inspection and tests. Further inspection requirements may be designated in the Technical Specifications.
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The City will conduct tests it deems necessary to determine if the Work functions properly. Arrangements for
testing laboratory services will be made by the City. Payment for testing to show compliance with specified
requirements will be paid for by the City. The cost of retesting when materials and workmanship fail to meet
specified requirements will be deducted from moneys due the Contractor.
9.6 EXAMINATION OF COMPLETED WORK
The City may request an examination of completed work of the Contractor at any time before acceptance by the
City of the Work and shall remove or uncover such portions of the finished work as may be directed. After
examination, the Contractor shall restore said portions of the Work to the standard required by the
Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing and
the replacing of the covering or making good of the parts removed shall be paid for as extra work, but should
the work so exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at the
Contractor's expense.
9.7 CONTRACTOR'S SUPERINTENDENT
A qualified superintendent, who is acceptable to the City, shall be maintained on the project and give sufficient
supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of
the Contractor, and all communications given to the superintendent shall be considered given to the Contractor.
In general, such communications shall be confirmed in writing and always upon written request from the
Contractor.
9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES
Upon failure of the contractor to perform the work in accordance with the Contract Documents, including any
requirements with respect to the Schedule of Completion, and after five (5) days written notice to the
Contractor, the City may, without prejudice to any other remedy he may have, correct such deficiencies. The
Contractor shall be charged all costs incurred to correct deficiencies.
9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK
In the event of any default by the Contractor, the City shall have the right to immediately terminate the
Contract upon issuance of written notice of termination to the Contractor stating the cause for such action. This
Agreement may be terminated by the City without cause provided at least thirty (30) days written notice of
such termination shall be given to the Contractor. In the event of termination, the City may take possession of
the Work and of all materials, tools and equipment thereon and may fmish the Work by whatever method and
means it may select.
It shall be considered a default by the Contractor whenever Contractor shall:
(a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his creditors.
(b) Disregard or violate the provisions of the Contract Documents or City's written instructions, or
fail to prosecute the Work according to the agreed schedule of completion including extensions
thereof.
(c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper
materials, or fail to make prompt payment for same.
9.10 RIGHTS OF VARIOUS INTERESTS
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Wherever work being done by the City's forces or by other contractors is contiguous to work covered by the
Contract, the respective rights of the various interests involved shall be established by the City, to secure the
completion of the various portions of the Work in general harmony.
9.11 SEPARATE CONTRACTS
The City may let other contracts in connection with the Work of the Contractor. The Contractor shall cooperate
with other Contractors with regard to storage of materials and execution of their work. It shall be the
Contractor's responsibility to inspect all work by other contractors affecting Contractor's work and to report to
the City any irregularities that will not permit completion of work in a satisfactory manner.
Contractor's failure to notify the City of such irregularities shall indicate the work of other contractors has been
satisfactorily completed to receive related work. It shall be the responsibility of the Contractor to inspect the
completed work in place and report to the Engineer immediately any difference between completed work by
others and the Plans.
9.12 SUBCONTRACTS AND PURCHASE ORDERS
Prior to signing the Contract or at the time specified by the City, the Contractor shall submit in writing to the
City the names of the subcontractors proposed for the Work. Subcontractors may not be changed except at the
request or with the approval of the City. The Contractor is responsible to the City for the acts and omissions of
its subcontractors and their direct or indirect employees, to the same extent as he is responsible for the acts and
omissions of its employees. The Contract Documents shall not be construed as creating a contractual relation
between any subcontractors and the City. The Contractor shall bind every subcontractor by the terms of the
Contract Documents.
For convenience of reference and to facilitate the letting of contracts and subcontracts, the Specifications are
separated into title sections. Such separations shall not, however, operate to make the Engineer or City an
arbiter to establish limits to the contracts between the Contractor and subcontractors.
9.13 WORK DURING AN EMERGENCY
The Contractor shall perform any work and shall furnish and install materials and equipment necessary during
an emergency endangering life or property. In all cases, Contractor shall notify the Engineer and City of the
emergency as soon as practicable, but shall not wait for instructions before proceeding to properly protect both
life and property.
9.14 ORAL AGREEMENTS
No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or
obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents
shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed
waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other
waiver or modification.
9.15 NIGHT SATURDAY AND /OR SUNDAY WORK
No night or Saturday and Sunday work will be permitted, except in case of emergency, or with prior approval
from City, and then only to such extent as is absolutely necessary to protect life or property. This clause shall
not pertain to crews organized to perform restoration work which needs no verifying inspection, maintenance
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work on equipment, or to operate and maintain special equipment such as dewatering pumps which may be
required to work 24 hours per day. All such night, Saturday and/or Sunday work must be authorized by the
City.
9.16 UNAUTHORIZED WORK
Work done without lines and grades having been established, work done without proper inspection, or any
changes made or extra work done without written authority will be done at the Contractor's risk and will be
considered unauthorized, and, at the option of the City, may not be measured and paid for.
9.17 USE OF COMPLETED PORTIONS OF THE WORK
The City shall have the right to use, occupy, or place into operation any portion of the Work that has been
completed sufficiently to permit safe use, occupancy, or operation, as determined by the Engineer. If such use,
occupancy, or operation increases the cost of or delays the Work, the Contractor shall be entitled to extra
compensation, or an extension of time, or both, as determined by the Engineer. However, if Contractor has
failed to complete the Work in accordance with the time requirements of the Agreement, no compensation
(including set -offs to liquidated damages) shall be allowed for such use or occupancy.
9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK
Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall
take every necessary precaution against injury or damage to the Work by the action of the elements or from any
other cause whatsoever, whether arising from the execution or from the non - execution of the Work. The
Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage
to any portion of the Work occasioned by any cause, other than the sole and active negligence of the City,
before its completion and acceptance.
10.0 MEASUREMENT AND PAYMENT
10.1 DETAILED BREAKDOWN OF CONTRACT
Except in cases where unit prices form the basis for payment under the Contract, the Contractor shall submit a
complete breakdown of the contract amount showing the value assigned to each part of the Work, including an
allowance for profit and overhead within ten (10) days of the execution of the Contract by the parties. Upon
approval of the breakdown of the contract amount by the Engineer and the City, it shall be used as the basis for
all requests for payment.
10.2 REQUEST FOR PAYMENT
The Contractor may submit to the City not more than once each month a request for payment for work
completed. Where applicable, the Contractor may choose to submit a request for payment at the substantial
completion of each work order. The City may elect to provide its own form for the Contractor to submit
progress payment requests. The standard form provided by the City, or a form presented by the Contractor
having received prior approval from the City, can be used for the submittal of a progress payment.
The Contractor shall furnish the Engineer and the City all reasonable facilities required for obtaining the
necessary information relative to the progress and execution of the Work. In addition to each month's invoice,
an updated project schedule shall be submitted.
Each request for payment shall be computed from the work completed to date on all items listed in the detailed
breakdown of the contract amount less previous payments and back charges. Progress payments on account of
Unit Price Work will be based on the number of units completed at the time the payment request was dated by
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the Contractor. If payment is requested on the basis of materials and equipment not incorporated in the
project but delivered and suitably stored at the site or at another location agreed to in writing, the payment
request shall also be accompanied by a bill of sale, invoice or other documentation warranty that the City has
received the materials and equipment free and clear of all liens, charges, security interests and encumbrances,
all of which shall be satisfactory to the City. No payments shall be made for materials stored on site without
approval of the City.
An amount of 10% of each monthly pay request shall be retained until final completion and written acceptance
of the Work by the City. Payment of the retainage shall be included in the Contractor's final pay request in
accordance with Paragraph 10.14. Any deviation in the release or partial release of the 10% retainage shall be
at the sole discretion of the City, but in no case earlier than completion of the Engineer's "punch list
inspection ".
Any request for payment shall be accompanied by claim releases for work done or materials furnished in
accordance with Paragraph 10.13.
Prior to submission of any request for payment by the Contractor, the Engineer shall review the request for
payment to determine the following:
(a) That the work covered by the request for payment has been completed in accordance with the
intent of the Plans and Specifications.
(b) That the quantities of work have been completed as stated in the request for payment, whether
for a unit price contract or for payment on a lump -sum contract.
10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT
Within thirty (30) days from the date of receipt of a request for payment the City shall do one of the following:
(a) Approve and pay the request for payment as submitted.
(b) Approve and pay such other amount of the request for payment in accordance with
Paragraph 10.4 as the City shall decide is due the Contractor, informing the
Contractor in writing of the reasons for paying the amended amount.
(c) Disapprove the request for payment in accordance with Paragraph 10.4 informing
the Contractor in writing of the reasons for withholding payment.
10.4 CITY'S RIGHT TO WITHHOLD PAYMENT OF A REQUEST FOR PAYMENT
The City may withhold payment in whole or in part on a request for payment to the extent necessary for any of
the following reasons:
(a) Work not performed but included in the request for payment, or the contract Price
has been reduced by written change order.
(b) Work covered by the request for payment which is not in accordance with the Plans,
Specifications and generally accepted construction practices, including if, in the opinion of the
City, there is sufficient evidence that the Work has not been satisfactorily completed, or based
upon tests and/or inspections the work is defective or has been damaged requiring correction
or replacement.
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(c) In the event of a filing of a claim or lien, or information received by City of a
potential filing of a claim or lien against the Contractor or City.
(d) Failure of the Contractor to make payments to subcontractors, material suppliers
or labor.
(e) Damage to another contractor.
(f) The City has had to correct a defect in the Work, or there are other items entitling
the City to a set -off against the amount recommended.
(g) Default of any of the provisions of the Contract Documents.
10.5 PAYMENT FOR UNCORRECTED WORK
Should the City direct, in writing, the Contractor not to correct work that has been damaged or that was not
performed in accordance with the Contract Documents, an equitable deduction from the contract amount shall
be made to compensate the City for the uncorrected work.
10.6 PAYMENT FOR REJECTED WORK AND MATERIALS
The removal of work and materials rejected under Paragraph 5.3 and the re- execution of work by the
Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of replacing the
destroyed or damaged work of other contractors by the removal of the rejected work or materials and the
subsequent re- execution of that work. In the event that City incurs expenses related thereto, Contractor shall
pay for the same within thirty (3 0) days after written notice to pay is given by the City. If the Contractor does
not pay the expenses of such removal, after ten (10) days written notice being given by the City of its intent to
sell the materials, the City may sell the materials and shall pay to the Contractor the net proceeds there from
after deducting all the costs and expenses that are incurred by the City.
If the proceeds do not cover the expenses incurred by the City, such additional amounts may be set -off against
any payments due Contractor.
10.7 CHANGES IN THE WORK
A. Change Orders
If conditions require a change in the scope of work or additional work varying from the original Plans or
Specifications, such change shall be effected by the Contractor when the City issues a written Change Order.
The Change Order shall set forth in complete detail the nature ofthe change, the change in the compensation to
be paid the Contractor and whether it is an addition or a reduction of the original total contract cost. Should
additional or supplemental drawings be required, they will be furnished by the Engineer. All Change Orders
shall address the impact of the change on both Contract Price / Cost and Contract Time / Schedule.
Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall be established
in one of the following ways:
(a) By lump sum proposed by the Contractor and accepted by the City.
(b) By unit prices established and agreed to.
(c) By unit prices established for additional kinds of work.
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(d) By other methods as may be mutually agreed upon.
(e) By force account wherein the Contractor provides the labor and materials at Contractor's
direct cost plus 15% for overhead and profit. When the force account method is used, the
Contractor shall provide full and complete records of all costs for review by the City.
B. Claims
Claims arising from changes or revisions made by the Contractor at the City's request shall be presented to the
City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for
work not covered herein, or in Supplemental Agreement, the Contractor shall notify the City in writing of its
intention to make claim for extra compensation before work begins on which the claim is based. If such
notification is not given and the City is not afforded by the Contractor a method acceptable to the City for
keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation.
The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor
may refuse to perform additional work requested by the City until an appropriate agreement is executed by the
parties. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall
not in any way be construed as proving the validity of the claim.
10.8 CANCELED ITEMS OF WORK
The City shall have the right to cancel those portions of the contract relating to the construction of any item
provided therein. Such cancellation, when ordered by the City in writing, shall entitle the Contractor to the
payment of a fair and equitable amount covering all costs incurred by Contractor pertaining to the canceled
items before the date of cancellation or suspension of the Work. The Contractor shall be allowed a profit
percentage on the materials used and on construction work actually done, at the same rates as provided for
"Changes in the Work ", but no allowance will be made for anticipated profits. Acceptable materials ordered by
the Contractor or delivered on the site before the date of such cancellation or suspension shall be purchased
from the Contractor by the City at actual cost and shall thereupon become the property of the City.
10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY
If the Work or any part thereof shall be suspended by the City as provided in Paragraph 9.3, the Contractor will
then be entitled to payment for all work done except as provided in Paragraph 10.4.
10.10 PAYMENT FOR WORK BY THE CITY
The cost of work performed by the City removing construction materials, equipment, tools and supplies in
accordance with Paragraph 5.7 and in correcting deficiencies in accordance with Paragraph 9.8 shall be paid by
the Contractor.
10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION OF CONTRACT
A. Termination by City for Cause
Upon termination of the contract by the City for cause, including abandonment or termination by Contractor,
the City may enter into an agreement with others for the completion of the Work under this Agreement and the
Contractor shall be held harmless for the work of others. No further payments shall be due the Contractor until
the Work is completed and accepted by the City. If the unpaid balance of the contract amount shall exceed the
cost of completing the Work including all overhead costs, Contractor shall be paid up to the amount of the
excess balance on a quantum meruit basis for the work done prior to termination. If the cost of completing the
Work shall exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. The cost
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incurred by the City as herein provided shall include the cost of the replacement contractor and other
expenses incurred by the City through the Contractor's default. In either event, all work done, tracings, plans,
specifications, maps, computer programs and data prepared by the Contractor under this Agreement shall be
considered property of the City.
B. Termination by City Without Cause
In the event the City without cause abandons, terminates or suspends this Agreement, the Contractor shall be
compensated for services rendered up to the time of such termination on a quantum meruit basis and any work
done or documents generated by the Contractor shall remain the property of the City.
10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY
The Contract will be considered complete when all work has been finished, the final construction review is
made by the Engineer, and the project accepted in writing by the City.
10.13 RELEASE OF CLAIMS (INTERIM/FINAL)
The Contractor shall deliver, with each request for payment, a completed Affidavit and Release of Claim on a
form supplied by the City. Also, from each supplier or subcontractor who has notified the City of his right to
file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid,
potential Claimant, a Claimant's Sworn Statement of Account, executed by the supplier or subcontractor, must
be attached to each request for payment.
If the completed forms are not supplied with the request for payment, the City will notify Contractor of the
outstanding claims of record and, if said completed form(s) are not supplied within thirty (30) days, the City
shall make joint payments to the Contractor and outstanding claimants.
10.14 ACCEPTANCE AND FINAL PAYMENT
When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and Engineer that
the Work has been completed in accordance with the terms of the Contract Documents, the Engineer shall
certify completion of the Work to the City. At that time, the Contractor may submit the Contractor's final
request for payment. The Contractor's final request for payment shall be the contract amount plus all approved
written additions less all approved written deductions and less previous payments made. As a condition for
Final payment, a Contractor's Final Affidavit must be received by the City along with his Final Payment
Request and any as-built drawings which may be required. The Contractor shall furnish full and final releases
of Claim for labor, materials and equipment incurred in connection with the Work, following which the City
will release the Contractor except as to the conditions of the performance bond, any legal rights of the City,
required guarantees and satisfaction of all warranty work, and shall authorize payment of the Contractor's final
request for payment.
10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT
The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility
for faulty materials or workmanship. The City shall promptly give notice of faulty materials and workmanship
and the Contractor shall promptly replace any such defects discovered within one (1) year from the date of final
written acceptance of the Work by the City.
11.0 PUBLIC CONTRACT REOUIREMENTS
11.1 COVENANT AGAINST CONTINGENT FEES
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The Contractor warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the Contractor, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working
solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City
shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the
Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or
consideration.
11.2 INTEREST OF MEMBERS OF CITY AND OTHERS
No officers, members or employees of the City and no member of its governing body, and no other public
official of the governing body of the locality or localities in which services for the facilities are situated or
carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or
carrying out of this project, shall participate in any decision relating to this Agreement which affects such
person's personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or
the proceeds thereof.
11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING
The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the
Contractor to any person for influencing or attempting to influence any officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in
connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any
Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal,
amendment or modification of any Federal contract, Grant, loan or cooperative agreement.
If any funds other than Federal appropriated funds have been paid by the Contractor to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an
officer or employee of Congress or an employee of a member of Congress in connection with this Agreement,
the undersigned shall complete and submit Standard Form- "Disclosure Form to Report Lobbying" in
accordance with its instructions.
11.4 INTEREST OF CONTRACTOR
The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect,
which shall conflict in any manner or degree with the performance of services required to be performed under
this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having
any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts
with its duties as the City's Contractor without the prior written consent of the City during the term of this
Agreement. Any work where the Contractor can reasonably anticipate that it may be called to testify as a
witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under
this Agreement.
11.5 PUBLIC ENTITY CRIMES
The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY CRMES, stating
whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes, has been convicted of public
entity crime subsequent to July 1, 1989, in accordance with the provisions of said statute.
11.6 DRUG -FREE WORKPLACE
The Agreement documents also include the "Drug -Free Workplace Form" which is in accordance with Florida
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Statute 287.089 and must be signed and instituted
11.7 COMPLIANCE WITH LAWS
Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work,
including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16 USC
§ 1531, et seq.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The
Fish and Wildlife Coordination Act (PL 85 -624), The Safe Water Drinking Act Section 1424(e) (PL 93 -523, as
amended), The Wild and Scenic Rivers Act (PL 90 -542, as amended), The Demonstration Cities and
Metropolitan Development Act of 1966 (PL 89 -754), Section 306 of The Clean Air Act, Section 508 of The
Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964 (PL 88 -352), The Age
Discrimination Act (PL 94 -135), Section 13 of The Federal Water Pollution Control Act (PL 92 -500),
Executive Order No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No.
12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and Health Act and applicable
regulations, and the Americans with Disabilities Act (PL 101 -336).
11.8 INSURANCE
The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain
said insurance during the life of this agreement:
(a) Workers' Compensation - Contractor shall purchase workers' compensation
insurance as required by law.
(b) Commercial General Liability - Contractor shall purchase Commercial General Liability
insurance with a combined single limit of at least $1,000,000.
(c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability insurance
with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations under
Paragraph 9.18 for the Work paid for by the City but not yet accepted.
The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the
insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or
terminate said insurance. It is the full responsibility of the contractor to insure that all sub - contractors have full
insurance coverage as stated above.
The Contractor shall not commence the Work under this contract until Contractor has obtained all the
insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor
shall the Contractor allow any subcontractor to commence work on a subcontract until all insurance required
has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance ofthe
Work, insurance as specified herein and in such form as shall protect Contractor and any subcontractor
performing work under this Contract, or the City, from all claims and liability for damages for bodily injury,
including accidental death, under this Contract, whether by Contractor or by any subcontractor or by any one
directly or indirectly employed by either of them.
The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance,
naming the City as an additional insured party, prior to the start of construction as provided in the Contract.
11.9 BOND
The Contractor shall provide Bonds in the form prescribed by State Law, and generally as shown in these
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Documents, for Performance and Payment, each in the amount of 100% of the total contract amount.
11.10 PERMITS
All City and St. John's River Water Management District permits and other permits necessary for the
prosecution of the Work shall be secured by the City, except for Contractor's licenses and registrations, and
dewatering permits that may be required by St. Johns River Water Management District (SJRWMD).
Contractor shall secure a building permit if required by the City's Building Official.
11.11 LAWS TO BE OBSERVED
The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, permit
requirements and regulations in any manner affecting the conduct of the Work, and all such orders and decrees
as enacted by bodies or tribunals having any jurisdiction or authority over the Work, and shall indemnify and
save harmless the City and Engineer against any expense, claim or liability arising from, or based on, the
violation of any such law, ordinance, regulation, permit requirements, order or decree, whether by Contractor
or its employees. The failure of the Contractor to adhere to any known law or regulation pertaining to
furnishing services under this Agreement shall constitute a material breach of this Agreement.
The Contractor shall keep fully informed of all existing and pending state and national laws and municipal
ordinances and regulations in any manner affecting those engaged or employed in the Work, or in any way
affecting the conduct of tribunals having any jurisdiction or authority over the same. If any discrepancy or
inconsistency is discovered in the Plans, Specifications, or Contract for this work in relation to any such law,
ordinance, regulations, order or decree, Contractor shall forthwith report the same to the Engineer and City in
writing. Contractor shall at all times himself observe and comply with and cause all its agents, subcontractors
and employees to observe and comply with decrees; and shall protect and indemnify the City and Engineer,
their officers, employees and agents against any expense, claim or liability arising from or based upon violation
of any such law, ordinance, regulations, orders or decree, whether by Contractor or its employees.
All building construction work alterations, repairs or mechanical installations and appliances connected
therewith shall comply with the applicable building rules and regulations, restrictions and reservations of
record, local ordinances and such other statutory provisions pertaining to this class of work.
12.0 AUSCELL.ANEOUS
12.1 ADDRESSES FOR NOTICES
All notices given under or in connection with any of the Contract Documents shall be delivered in person or by
telegraph or email (confirmed) or registered or certified mail to the parties at the address as either party may by
notice designate.
12.2 WRITTEN NOTICE
Written notice shall be considered as served when delivered to the designated representative of the Contractor
and receipt acknowledged or sent by registered mail to the individual, firm, or corporation to the business
address stated in Bid Proposal.
Change of Address: It shall be the duty of each party to advise the other parties to the Contract as to any
changes in his business address until completion of the Contract.
12.3 TAXES
Contractor shall pay all sales or other taxes of any type which may be incurred in connection with the Work
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hereunder, and shall reimburse the City for any such taxes paid by the City.
12.4 TIME IS OF VITAL IMPORTANCE
It is agreed and understood that time is of vital importance with respect to the completion date for the Work
and all other provisions of the Contract Documents.
12.5 NO WAIVER OF LEGAL RIGHTS
Neither the payment for, nor acceptance of the whole or any part of the Work by the City or representatives of
the City, nor any extension of time, nor the withholding of payments, nor any possession taken by the City, nor
the termination of employment of the Contractor shall operate as a waiver of any portion of the Contract or any
power therein reserved or any right therein reserved or any right therein provided, nor shall the waiver by the
City of any of the Contractor's obligations or duties under this Agreement constitute a waiver of any other
obligation or duty of the Contractor under this Agreement.
12.6 RIGHT TO WORK PRODUCT
No reports, data, programs or other material produced in whole or in part under this Agreement shall be subject
to copyright by the Contractor, in the United States or in any other country. The City or its assigns shall have
the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports,
data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps,
computer programs and data prepared or obtained under this Agreement shall remain the property of the City.
Any use of any plans and specifications by the City except the use reasonably contemplated by the City at the
time the City entered this Agreement will be at the City's risk and Contractor, its officers, directors and
employees, will be held harmless from such use.
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Technical Specifications
Section ....................................................................................................... ............................... Page
01510. Maintenance of Traffic ................................................................. ............................... A -56
02480. Landscaping, Seeding, Mulching and Sodding ............................ ............................... A -60
03300. Concrete .....................................:................................................. ............................... A -64
D104. Prevention, Control and Abatement of Erosion and Water Pollution ........................ l to 6
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SECTION 1
MAINTENANCE OF TRAFFIC
PART 1- GENERAL
1.1 SUMMARY
A. Maintain traffic within the limits of the project for the duration of the construction
period, including any temporary suspensions of the work. Construct and maintain
traffic detours during construction. Furnish, install and maintain traffic control and
safety devices during construction. Furnish and install work zone pavement markings
for maintenance of traffic in construction areas. Provide any other special requirements
for safe and expeditious movement of traffic specified on the plans. Maintenance of
Traffic (MOT) shall include all facilities, devices and operations as required for safety
and convenience of the public within the work zone.
B. Any traffic lane closures and detours will require a traffic control plan signed by a
Florida Professional Engineer. Traffic control plans will be submitted to the city for
review approval at least one week before construction.
C. Do not maintain traffic over those portions of the project where no work is to be
accomplished or where construction operation will not affect existing roads. Do not
obstruct or create a hazard to any traffic during the performance of the work and repair
any damage to the existing pavement open to traffic.
PART 2- PRODUCTS
2.1 MATERIALS
A. All products will meet the following FDOT specification requirements:
• Bituminous Adhesive
• Work Zone Pavement markings
• Paint and Thermoplastic
• Removable Tape
2.2 TRAFFIC CONTROL DEVICES
A. Use only the materials meeting the requirements of FDOT specification Section of the
design standards and MUTCD.
2.3 TRAFFIC CONTROL STANDARDS
A. FDOT Design standards are the minimum standards for the use in the development of
all traffic control plans. The MUTCD part VI is the minimum national standard for
traffic control for roadway construction, maintenance and utility operations. Follow the
basic principles and minimum standards contained in these documents for the design,
application, installation, maintenance and removal of all traffic control devices,
warning devices and barriers which are necessary to protect the public and workers
form hazards within the project limits.
2.4 MAINTENANCE OF ROADWAY
A. Maintain all lanes that are being used for maintenance of traffic, including those on
detours and temporary construction access, under all weather conditions. Keep the
lanes reasonably free of dust, potholes and rutting. Provide the lanes with the drainage
facilities necessary to maintain a smooth riding surface under all weather conditions.
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2.5 NUMBER OF TRAFFIC LANES
A. Maintain one lane of traffic in each direction of travel. Maintain two lanes of traffic in
each direction at existing four lanes (or more) cross roads, where necessary to avoid
undue traffic congestion. Construct each lane used for maintenance of traffic as least as
wide as the traffic lanes existing in the area before commencement of construction. Do
not allow traffic control and warning devices to encroach onto travel lanes used for
MOT.
B. The Engineer may allow the Contractor to restrict traffic to one -way operation for short-
periods of time provided that the Contractor employs adequate means of traffic control
and does not unreasonable delay traffic. When a construction activity requires
restricting traffic to one -way operations, locate the flaggers within view of each other
when possible. When visual contact between flaggers is not possible, equip them with
2 -way radios, official, or pilot vehicle(s), or use a portable traffic signal.
2.6 FLAGGERS
A. Provide trained flaggers in accordance with Section 105 FDOT standards or MUTCD Part
VI.
2.7 TEMPORARY TRAFFIC CONTROL DEVICES
A. Install and maintain adequate traffic control devices, warning devices and barriers to
protect the traveling public and workers, and to safeguard the work area. Erect the
required traffic control devices, warning devices and barriers to prevent any hazardous
conditions and in conjunction with any necessary traffic re- routing or detours.
B. Notify the Engineer of any schedule operations which will affect traffic patterns or
safety, sufficiently in advance of commencing such operation to permit the Engineers
review and approval of the traffic control plan for the proposed installation of traffic
control devices and warning devices and barriers.
C. Keep traffic control devices, warning devices, safety devices and barriers in the correct
position, properly directed, clearly visible and clean at all times. Immediately repair,
replace or clean damaged, defaced or dirty devices or barriers.
2.8 BARRIER WALL (TEMPORARY)
A. Furnish, install, maintain, remove and relocate a temporary barrier wall in accordance
with the MOT plan and these supplemental specifications. Temporary concrete barrier
wall for use on roadway sections will be in accordance with the FDOT Index 415 or
414 and the MUTCD Part VI.
2.9 PORTABLE CHANGEABLE MESSAGE SIGNS (PCMS)
A. Furnish changeable message signs in accordance with the MOT plans and these special
provisions. A typical 5 foot by 8 foot PCMS will be located as shown on the MOT
plan as a stand alone maintenance of traffic device to provide construction information.
PART 3 - EXECUTION
3.1 GENRAL TRAFFIC CONTROL SPECIFICATIONS
A. Construction area signs for temporary traffic control shall be furnished, installed,
maintained, and removed when no longer required in conformance with the provisions
in these supplemental specifications.
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B. Use only when stationary mounted construction area signs are used. Attention is directed to
the contractor to provide and furnish all required traffic control devices and signs per
the design traffic management plan.
C. Construction Project Information Signs shall be used and provided by the contractor.
Attention is directed in the supplemental specifications regarding the number and type
of construction project information signs to be furnished, erected, maintained, and
removed and disposed of
D. Unless otherwise shown on the plans or specified in these special provisions, the color
of construction area warning and guide signs shall have black legend and border on
orange background.
E. Use only when construction area signs are fluorescent orange in color. Orange
background on construction area signs shall be fluorescent orange.
F. Repair to construction area sign panels will not be allowed, except when approved by
the Engineer. At nighttime under vehicular headlight illumination, sign panels that
exhibit irregular luminance, shadowing or dark blotches shall be immediately replaced
at the Contractor's expense.
G. The Contractor shall notify the Engineer for operators of subsurface installations at
least 5 working days, but not more than 14 calendar days, prior to commencing
excavation for construction area sign posts.
H. Excavations required to install construction area signs shall be performed by hand
methods without the use of power equipment, except that power equipment may be
used if it is determined there are no utility facilities in the area of the proposed post
holes. The post hole diameter, if backfilled with Portland cement concrete, shall be at
least 4 inches greater than the longer dimension of the post cross section.
I. Construction area signs placed within 15 feet from the edge of the travel way shall be
mounted on stationary mounted sign supports as specified in these supplemental
specifications.
J. The Contractor shall maintain accurate information on construction area signs. Signs
that are no longer required shall be immediately covered or removed. Signs that
convey inaccurate information shall be immediately replaced or the information shall be
corrected. Covers shall be replaced when they no longer cover the signs properly. The
Contractor shall immediately restore to the original position and location any sign that
is displaced or overturned, from any cause, during the progress of work.
K. The full width of the traveled way shall be open for use by public traffic when
construction operations are not actively in progress.
L. The full width of the traveled way shall be open for use by public traffic on Saturdays,
Sundays, Special Days, designated legal holidays; after 3:00 p.m. on Fridays and the
day preceding designated legal holidays; and when construction operations are not
actively in progress.4
M. Work that interferes with public traffic shall be limited to the hours when lane closures
are allowed.
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N. Under one -way reversing traffic control operations, public traffic may be stopped in one
direction for periods not to exceed 10 minutes.
O. On days that lane closures are not allowed, one Iane may be closed to maintain the seal
coat surface as required in Standard Specifications. Lane closures to maintain the seal
coat surface shall be restricted to daylight hours when public traffic will be least
inconvenienced and delayed, as determined by the Engineer.
P. Local authorities shall be notified at least 5 business days before work begins. The
Contractor shall cooperate with local authorities to handle traffic through the work area
and shall make arrangements to keep the work area clear of parked vehicle.
Q. During bridge placement, the road may be closed and public traffic stopped for periods
not to exceed one day. Detour signs will need to be placed to redirect traffic.
R. When work vehicles or equipment are parked on the shoulder within 6 feet of a traffic
lane, the shoulder area shall be closed with fluorescent orange traffic cones or portable
delineators placed on a taper in advance of the parked vehicles or equipment and along
the edge of the pavement at 25 -foot intervals to a point not less than 25 feet past the last
vehicle or piece of equipment.
S. The Contractor shall immediately restore to the original position and location a traffic
cone or delineator that is displaced or overturned, during the progress of work.
T. A minimum of one paved traffic lane, not less than 10 feet wide, shall be open for use
by public traffic in each direction of travel.
U. The Engineer may approve deviations if there is no significant increase in the cost to
the project and if the work can be expedited and better serve the public traffic.
V. Designated legal holidays are; January 1st, the third Monday in February, the last
Monday in May, July 4th, the first Monday in September, November 11th,
Thanksgiving Day, and December 25th. When a designated legal holiday falls on a
Sunday, the following Monday shall be a designated legal holiday. When
November 11th falls on a Saturday, the preceding Friday shall be a designated legal
holiday.
END OF SECTION - 1
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SECTION 02480
LANDSCAPING, SEEDING, MULCHING & SODDING
PART 1 - 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.
1.2 SCOPE
A. Work under this section shall include all labor, materials, accessories, services and equipment
necessary to complete all landscape work as required, as indicated on Construction Plans or as
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 ofthe designated type and
species of plants to 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.
1.3 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 the job, 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 experience. Sod installer shall be a company approved by the sod producer.
1.4 MATERIALS
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 per hour 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.
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,
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wood and other similar remains of construction from all planting areas.
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 soil 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:
1. Dolometic Limestone - Approved product, designated for agricultural use.
2. Aluminum Sulfate - Manufacturer's standard commercial grade.
3. Fertilizer — Commercial formulation 8 -8 -8. Fertilizer shall 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
A. Delivery:
1. The Contractor shall notify the City of delivery schedule in advance so plant material may be
inspected upon arrival at the job 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:
I. 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
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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.
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.
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.
5. Sod on slopes steeper than 2:1 shall be held in place with wooden pegs.
6. Soil shall be moistened just prior to laying sod.
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.
8. 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. 1 grade throughout the maintenance period by, but not
limited to: 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.
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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 a
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
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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
Class per cubic yard
Structural 6.25 bags or 600 pounds
Non - Structural 5.75 bags or 560 pounds
B. Job mixes of small quantities shall conform to the s
Minimum 28 -day Strength
(lb. per sq. in.)
4000
3000
ame 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 test 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)
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B. Bulk or bagged cement or bagged concrete mix shall be stored off the ground in a sheltered
area.
PART 2 — PRODUCTS
2.1 CEMENT
A. Portland cement shall conform to the latest revision of Federal and/or ASTM Specifications
enumerated below:
For general concrete construction, ASTM C150, Type I.
2. Type H (meeting ASTM C 150) 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 lb. (1/3 cu. ft.)
or 80 lb. (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.
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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.
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 WIA x
WI A woven or electrically welded wire fabric conforming to the requirements of ASTM
A185.
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 AC1 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 corners 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.
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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.
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.
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
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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.
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.
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.
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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 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 NOI 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, 3B, 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 WIVID. Do not begin construction activities until the
erosion control plan receives written approval from both WMD and the Engineer.
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(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.
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 ftZ m
[70,000 2] 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.
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.
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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 ofthese
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.
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 [50 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-
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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.
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
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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.
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 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
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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 — D 104
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day
and year first above written.
ATT
Sally A. M
MMC
(SEAL)
Approved as to Form and Content for:
Reliance by the City of Sebastian Only
obert Ginsburg, City ttorney
Signed, sealed and delivered
in the presence of:
NAME:
NAME:
THE CITY OF S ASTIAN
By:
Name: Joseph Griffm
Title: City Manager
CONTRACTOR ------------------- - - - - --
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By:
Name:
Title: f --e ,S