Loading...
04/21/1994MANGROVE TRIMMINGS REMOVAL CONTRACT THIS CONTRACT is entered into by Monroe County, a political subdivi- sion of the State of Florida, Public Service Building, 5100 College Road, Stock Island, Key West, FL 33040, hereafter County, and Price and Davis Lawn Maintenance, 544 Park Drive, Key West, FL 33040, hereafter Contrac- tor. 1. The Contractor represents that it is qualified to remove mangrove trimmings in the area surrounding Key West International Air- %d '*? port, referred to in the rest of this contract as ih � prd'jectt; The Contractor also represents that it has sufficient resouroes tcAdiligently carry out the project and that it possesses all proDessionn licenses needed to perform any aspect of the project required._ for satisfactory - N T completion. No bond is required of Contractor. 2. The project specifications are described in Exhibit A. Exhibit A is attached and incorporated into this contract. 3. The Contractor must commence work on the project within seven days of receipt of the notice to proceed, which notice shall be issued by County and hand -delivered or sent certified mail to Contractor. The Contractor must complete the project within 120 days of the commencement date. The project is essential to the County's public function of operating the Airport. Therefore, time is of the essence in completing the project. 4. The project has no value or benefit to the County if not satisfactorily completed. Therefore, the Contractor's failure to satis- factorily complete the project releases the County from the obligation to pay the Contractor any compensation for the project. Nothing in this paragraph releases the Contractor from the obligation to compensate the County from damage suffered because of the Contractor's failure to satisfactorily complete the project. 5. The County shall pay to Contractor a total of $40,000.00. Payment shall be made on a monthly basis, based on a percentage of completion of the work in process as documented in contractor's application for payment and certified by Director of Community Services as satisfactorily completed, less a ten percent (10%) retainage, at the end of each 30 day period under this agreement, subject to the terms herein. Upon satisfactory completion of all tasks specified in Exhibit A. including Project Closeout, County shall pay the balance due to Contractor. In order for the Contractor to satisfactorily complete the project, the Contractor must carry out the project according to the specifications of Exhibit A within 120 days from notice to proceed. The payments for each quarter of the contract period may not be made until the satisfac- tory completion has been determined by the County's Director of Community Services (hereafter Director). Requests for payment must be in a form satisfactory to the County Clerk and contain an affidavit stating that the subcontractors and materialmen, if any, have been paid. Payment shall be made within 15 days of the determination that the tasks have been satisfactorily completed unless the County's obligation to compen- sate the Contractor the contract price is terminated under another paragraph of this contract. The Contractor may not receive the final payment until the project is certified by Director to be complete. 6. Each task, and the project as a whole, has no value or benefit to the County if not satisfactorily completed. Therefore, the Contrac- 2 tor's failure to satisfactorily complete any task releases the County from the obligation to pay the Contractor any compensation for that task and any subsequent task. If the final project task is not satisfactorily completed, the County is released from the obligation to compensate the Contractor for that task, the Contractor shall refund, amounts paid for the other tasks, and the County may keep the retainage not as a penalty but as compensation for the damage the County suffered because of the Contractor's failure to satisfactorily complete the final task and, hence, the project. If the amount retained is inadequate to compensate the County for the damage suffered, the Contractor is liable to the County for the remainder of the amount needed for adequate compensation. 7. The contract price is the total compensation due the Contractor for the project as described in Exhibit A. The Contractor may not receive compensation for any work performed that is not described in Exhibit A unless the work is approved in writing by the Board of County Commissioners. 8. If delay in the completion of the project or, if applicable, an individual project task, occurs and the delay is not caused by the Contractor, then the Contractor is entitled to an extension of time equal to the length of delay but not to any additional compensation. This paragraph applies even if the delay was caused by the County. 9. The preliminary examination or review by a County officer or employee of any project or task work product to determine generally if the project or task is proceeding in accord with Exhibit A does not constitute the County's determination of satisfactory completion. Therefore, the Contractor is not entitled to rely on any preliminary examination or review as a determination of satisfactory completion or as a condition precedent to payment for the project or task. 3 10. The Contractor warrants that all the work constituting the project and the project tasks will be performed in a competent manner. The Contractor warrants the completeness and accuracy of all work con- stituting the project and the project tasks. The Contractor must, without additional compensation, promptly correct any errors, omissions, deficiencies or conflicts in the work constituting the project and project tasks. 11. The Contractor must indemnify and hold harmless the County from and against all liability, claims, damages both incidental and consequen- tial, loss, costs and expense arising out of, or resulting from, any error, omission, deficiencies or conflicts in the work constituting the project and project tasks. The Contractor's obligations under this paragraph are not vitiated by the purchase of the insurance required by paragraph U. 12.. The Contractor must have insurance of the amount and type described in Exhibit B. Exhibit B is attached and incorporated into this contract. 13. The Contractor may not assign or subcontract its obligations under this contract - other than the receipt of money - without the written consent of the County 14. Records of the Contractor's direct personnel payroll and reimbursable expenses pertaining to the project and project tasks and records of the accounts between the County and the Contractor must be kept on a generally recognized accounting basis and must be available to the County or its authorized representative during normal business hours. The Contractor must keep the records for five years following the project 4 or, if the project is being funded by a state or federal grant that requires retention for a longer time, the time required by that grant. 15. The Contractor is an independent contractor. Nothing in this contract may create a contractual relationship with, or any rights in favor of, any third party including subcontractors or materialmen of the Contractor. The Contractor's use of a subcontractor or subcontractors to carry out the project, a project task, or any portion of the work, will not in any way relieve the Contractor of its obligations under this contract even though the subcontractor was approved by the County. 16. The Contractor acknowledges that all records, data, and docu- ments created as part of the project are public records under Chapter 119, Florida Statutes. As a result, they must be made available at a reasonable place and time upon the request of a member of the public. Failure to do so is a breach of this contract entitling the County to treat the contract as terminated on the date of the violation of Chapter 119, Florida Statutes, with the County's obligation to pay extending only to work completed as of that date. 17. Either party may terminate this contract because of the failure of the other party to perform its obligations under the contract. If the County terminates this contract because of the Contractor's failure to perform, then the County must pay the Contractor the amount due for all work and tasks satisfactorily completed as determined by the Director up to the date of the Contractor's failure to perform but minus any damages, both incidental and consequential, the County suffered as a result of the Contractor's failure. The damage amount must be reduced by the amount saved by the County as a result of the contract termination. The Con- tractor is liable for any additional amount necessary to adequately 5 compensate the County if the amount due the Contractor is insufficient to compensate the County for the damage it suffered. 18. This contract represents the parties' final and mutual under- standing. It replaces any earlier agreements or understandings, whether written or oral. This contract cannot be modified or replaced except by another signed contract. 19. The waiver of the breach of any obligation of this contract does not waive another breach of that or any other obligation. 20. The Contractor warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 21. This contract is governed by the laws of the State of Florida. Venue for any disputes arising under this contract must be in Monroe County, Florida. 22. The Contractor agrees that it will not unlawfully discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, national origin or disability. The Contractor must insert a provision similar to this paragraph in any subcontracts awarded under this contract except those for the purchase of commercial supplies and raw materials. R 23. All communication between the parties should be through the following individuals: Monroe County: Contractor: Director of Community Services Lloyd D. Price Public Service Building Price & Davis Lawn Maintenance 5100 College Road, Stock Island 544 Park Drive Key West, FL 33040 Key West, FL 33040 (305)294-4641 (305)296-3324 24. This contract takes effect on the date of the signature of the last party to sign. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. (SEAL) Attest: DANNY L.KOLHAGE, Clerk Jai Ct,.,.�� . Witness a.(/t- 9 Witness Date coniiimangroves BOARD OF COUNTY COMMISSIONERS OF MONRO OUNTY, FLORIDA By .... yor/unairman PRICE & DAVIS LAWN MAINTENANCE By Lloy rice, Owner/Operator APPROVED AS T-' /000' r.� i 7 KEYWEST AIRPORT - MANGROVE CUTTINGS REMOVAL TECHNICAL SPECIFICATIONS TABLE OF CONTENTS SECTION TITLE PAGES DIVISION 00 - BIDDING REQUIREMENTS 00300 BID SCHEDULE DIVISION 01 - GENERAL REQUIREMENTS 01010 SUMMARY OF WORK 01025 MEASUREMENT AND PAYMENT 01050 FIELD ENGINEERING 01060 REGULATORY REQUIREMENTS 01095 REFERENCE STANDARDS 01200 PROJECT MEETINGS 01505 MOBILIZATION 01510 TEMPORARY UTILITIES 01560 PREVENTION, CONTROL AND ABATEMENT OF EROSION AND WATER POLLUTION 01700 PROJECT CLOSEOUT 01900 PERMITS AND EASEMENTS END OF TABLE OF CONTENTS KEY WEST AIRPORT CUTTINGS REMOVAL TABLE OF CONTENTS TOC-1 1 e SECTION 00300 - BID SCHEDULE ITEM NO. BRIEF DESCRIPTION ESTIMATED QUANTITY UNITS UNIT PRICE TOTAL AMOUNT 1.0 Removal of Cuttings and Miscellaneous Trash and Debris 1 LS $ $ 2.0 Indemnification 1 LS $ 100.00 $ 100.00 3.0 Permit Allowance 1 LS $ 100.00 $ 100.00 END OF SECTION KEYWEST AIRPORT CUTTINGS REMOVAL BID SCHEDULE 00300-1 DIVISION 01 GENERAL REQUIREMENTS SECTION 01010 - SUMMARY OF WORK PART 1 - GENERAL 1.01 DESCRIPTION A. PROJECT/WORK IDENTIFICATION The general overall description of the WORK for the KEY WEST AIRPORT MANGROVE CUTTINGS REMOVAL is summarized as follows: a. The CONTRACTOR shall remove existing mangrove cuttings equal to or greater than 1 inch diameter from the east approach end of Runway 9-27, remove other miscellaneous trash and debris as designated by the Owner, and dispose of the removed material in accordance with all applicable laws and regulations. b. The CONTRACTOR shall use the existing access paths to the greatest extent practicable. Mangroves in the access paths can be trimmed to provide a clear path width not greater than 5'-0". B. CONTRACT DOCUMENTS 1. Requirements of the WORK are contained in the CONTRACT DOCUMENTS, which consists of the Specifications and attached Aerial Photograph. C. INTENT 1. The intent of the CONTRACT DOCUMENTS is to provide for completion of the required tasks in a workmanlike manner, in every detail, of the WORK described. It is further intended that the CONTRACTOR shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the WORK in a workmanlike manner in accordance with the CONTRACT DOCUMENTS. 1.02 SCHEDULING A. The CONTRACTOR shall be responsible for the planning, scheduling and the coordination of all WORK performed under the CONTRACT DOCUMENTS, and the entire PROJECT as a whole so that the PROJECT will be completed on schedule without delay. KEY WEST AIRPORT CUTTINGS REMOVAL SUMMARY OF WORK 01010-1 4/27/94 1.03 COOPERATION BETWEEN CONTRACTORS A. The OWNER reserves the right to contract for and perform other or additional work on or near the WORK. B. When separate contracts are let within or near the limits of this PROJECT, the CONTRACTOR shall conduct its work so as not to interfere with or hinder the progress of completion of the work performed by other contractors. Contractors working on the same site shall cooperate with each other as directed by the OWNER. C. The CONTRACTOR shall arrange its work and shall place and dispose of the materials being used as not to interfere with the operations of the other contractors within or near the limits of the PROJECT. The CONTRACTOR shall join its work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. END OF SECTION KEY WEST AIRPORT CUTTINGS REMOVAL SUMMARY OF WORK 01010-2 4/27/94 SECTION 01025 - MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.01 DESCRIPTION A. Bid items listed below refer to those listed in the Bid Schedule of the PROPOSAL. B. Measurement and Payment will be made for all WORK required in accordance with the terms contained herein and in accordance with the Schedule of Values. Bid Schedule Items shall be measured and paid for as provided below. All performances required by the CONTRACT DOCUMENTS not included in a Bid Item are otherwise included in the CONTRACT PRICE of the WORK. No demand for payment made for performances other than as provided herein will be valid. 1.02 BID ITEMS A. Bid Item 1.0 - Removal of Cuttings and Miscellaneous Trash and Debris: 1. Method of Measurement: a. Measurement for payment of removal of cuttings and miscellaneous trash and debris shall be on a Lump Sum basis. 2. Basis of Payment: a. Payment of the Lump Sum cost shall include all work (labor, materials, and equipment) associated with removal of mangrove cuttings and miscellaneous trash and debris in the area of cuttings removal. B. Bid Item 2.0 - Indemnification 1. Method of Measurement: a. Payment of the stipulated lump sum amount of one hundred dollars ($100.00) shall be full compensation for indemnification to the OWNER as specified in the General Conditions. 2. Basis of Payment: a. Payment of the total stipulated price of one hundred dollars ($100.00) shall be included in the CONTRACTOR's first PAYMENT APPLICATION. KEY WEST AIRPORT CUTTINGS REMOVAL MEASUREMENT AND PAYMENT 01025-1 4/27/94 C. Bid Item 3.0 - Permit Allowance: Method of Measurement: a. Payment of the stipulated lump sum shall be full compensation for permits and/or fees required to complete this Project. Under this item the CONTRACTOR shall only be reimbursed for the actual fee charged by the government agency. The CONTRACTOR's cost of obtaining these permit applications shall be included in the various Items of the PROPOSAL and shall not be included for payment under this Item. 2. Basis of Payment: a. a Payment of the actual fee charged for the actual amount the CONTRACTOR incurs for permits and/or fees shall be included in the first PAYMENT APPLICATION made under this Contract. Payment shall be made in accordance with the terms of the CHANGE ORDER and, if appropriate, in accordance with the Schedule of Values. END OF SECTION KEY WEST AIRPORT CUTTINGS REMOVAL MEASUREMENT AND PAYMENT 01025-2 4/27/94 SECTION 01050 - FIELD ENGINEERING PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. The OWNER shall establish and maintain bench marks and other dependable markers, if required, to set lines and levels to properly locate each element of the WORK. B. The CONTRACTOR is advised that any dimensions obtained from the Aerial Photograph may be approximate. C. The CONTRACTOR shall advise SUBCONTRACTORS performing work of marked lines and levels provided for use in accomplishing the WORK. 1.02 RECORDS A. The CONTRACTOR shall: Records of Actual Work: Furnish four copies, one of which will be returned for inclusion in PROJECT Record Documents as specified in General Conditions. 1.03 UNDERGROUND OBSTRUCTIONS A. Pipe lines, existing underground installation, and underground structures in vicinity of WORK are not shown on the Aerial Photograph. B. The CONTRACTOR shall repair damage to existing utilities made during the removal process as part of the WORK to satisfaction of utility owner. END OF SECTION KEY WEST AIRPORT CUTTINGS REMOVAL FIELD ENGINEERING 01050-1 4/27/94 SECTION 01060 - REGULATORY REQUIREMENTS PART 1 - GENERAL 1.01 GOVERNING REGULATIONS OR AUTHORITIES A. The CONTRACTOR shall perform WORK in compliance with: 1. Laws and regulations of Monroe County, Florida. 2. Florida Department of Environmental Protection (DEP) 3. All other applicable LAWS and REGULATIONS. Refer to Section 01095 - REFERENCE STANDARDS. B. Where references are made or in the SPECIFICATIONS to codes, they shall be considered an integral part of the CONTRACT DOCUMENTS as minimum requirements. Nothing contained in the CONTRACT DOCUMENTS shall be so construed as to be in conflict with any LAWS and REGULATIONS. C. The CONTRACTOR shall have a field representative accompany and assist representatives of governing regulatory agencies when they are on site to review the PROJECT. END OF SECTION KEY WEST AIRPORT CUTTINGS REMOVAL REGULATORY REQUIREMENTS 01060-1 4/27/94 SECTION 01095 - REFERENCE STANDARDS PART 1 - GENERAL 1.01 REFERENCES A. Whenever the following terms are used in the CONTRACT DOCUMENTS or any other documents or instruments pertaining to the construction of this PROJECT, the intent and meaning shall be interpreted as follows: AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHTO. 2. ABBREVIATIONS, PLURAL WORDS. Where abbreviations or acronyms are used in the CONTRACT DOCUMENTS, they mean the normal construction industry terminology, determined by recognized grammatical rules, by the OWNER. 3. CERTIFICATION. When "Certification" is used to describe that which is to be submitted for approval from the CONTRACTOR, jointly with a SUPPLIER or by himself for his own materials, whether manufactured or purchased by the CONTRACTOR, will be construed to mean compliance in individual or completed form with the PLANS, SPECIFICATIONS, and/or intent of the design. 4. EQUIPMENT. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of WORK. 5. FURNISH. Supply and deliver to PROJECT Site, ready for unloading, unpacking, assembly, installation, and similar subsequent requirements. 6. INSTALL. Operations at PROJECT Site, including unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar requirements by the CONTRACTOR. 7. INSTALLER. Entity (firm or person) engaged to install WORK, by CONTRACTOR, SUBCONTRACTOR or sub -subcontractor. Installers are required to be skilled in WORK they are engaged to install. KEY WEST AIRPORT CUTTINGS REMOVAL REFERENCE STANDARDS 01095-1 4/27/94 MATERIALS. Any substance specified for use in the construction of the WORK. 9. PAVEMENT. The combined surface course, base course, and sub -base course, if any, considered as a single unit. 10. PROVIDE. Furnish and install by the CONTRACTOR, complete and ready for intended use. 11. SPECIFICATION TEXT FORMAT. Construction Specifications Institute (CSI) 16 Division Format. Underscoring facilitates scan reading; no other meaning. 12. STRUCTURES. Facilities such as bridges: culverts; catch basins; inlets; retaining walls; cribbing; storm and sanitary sewer lines; waterlines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; flexible and rigid pavements; buildings, vaults; and other manmade features of the PROJECT that may be encountered in the WORK and not otherwise classified herein. 13. SUBGRADE. The soil which forms the pavement foundation. 14. TESTING LABORATORY. An independent entity engaged by the OWNER for the PROJECT to provide inspections, tests, interpretations, reports and similar services. 1.02 STANDARDS AND REGULATIONS A. Industry Standards: Applicable standards of construction industry referred to herein have same force and effect on performance of the WORK as if copied directly into CONTRACT DOCUMENTS or bound and published therewith. Standards referenced in CONTRACT DOCUMENTS or in Governing Regulations have precedence over non -referenced standards, insofar as different standards may contain overlapping or conflicting requirements. The CONTRACTOR shall comply with standards in effect as of date of CONTRACT DOCUMENTS, unless otherwise indicated. B. The CONTRACTOR shall comply with applicable standards for WORK, promulgated by organizations, associations, institutes, societies, boards and generally recognized organizations. 1.03 CODES/MANUFACTURER'S RECOMMENDATIONS A. Applicable code requirements are included herein by this reference. However, such are minimum criteria and no reduction from CONTRACT DOCUMENTS will be permitted, even if allowed by applicable code. KEY WEST AIRPORT CUTTINGS REMOVAL REFERENCE STANDARDS 01095-2 4/27/94 B. Electrical and mechanical apparatus, fixtures and equipment shall bear approved device label of Underwriter's Laboratories. C. Applicable codes and regulations shall include, but not be limited to, the following: 1. Local Building Code. 2. Local Public Utility regulations. 3. Standard Building Code. 4. National Electric Code. 5. ASME Code for unfired pressure vessels. 6. Building exits code (life safety code), NFPA 101. 7. Standards of National Board of Fire Underwriters. 8. ASHRAE Safety Code for Mechanical Refrigeration. 9. National Fire Codes. 10. National Fire Protection Association. 11. OSHA Standards and OSHA Regulations for Construction. D. References herein to "Building Code", "Code", or "SBC" shall mean the Standard Building Code of the Southern Building Code Congress (SBCC). The latest edition of the Code as approved and used by the local agency as adopted by the agency having jurisdiction shall apply to the WORK herein, including all ADDENDA, modifications, amendments, or other lawful changes thereto. E. References herein to "OSHA Regulations for Construction" shall mean Title 29, Part 1926, Construction Safety and Health Regulations, Code of Federal Regulations, including all changes and amendments thereto. F. References herein to "OSHA Standards" shall mean Title 29, Part 1910, Occupational Safety and Health Standards, Code of Federal Regulations, including all changes and amendments thereto. G. The CONTRACTOR shall comply with recommendations of pertinent manufacturer to achieve first quality work. H. In case of conflict between codes, referenced standards, DRAWINGS, and other CONTRACT DOCUMENTS, the most stringent requirements shall govern. All conflicts shall be brought to the attention of the OWNER for clarification and directions prior to ordering or providing any materials or labor. KEY WEST AIRPORT CUTTINGS REMOVAL REFERENCE STANDARDS 01095-3 4/27/94 1.04 ABBREVIATED SPECIFICATIONS A. In order to shorten these SPECIFICATIONS, certain terminology and form common in specification writing is employed. Following words are often omitted when meaning remains clear without same, i.e., "the," "the CONTRACTOR shall," "of," "a," "shall comply with," etc. B. Uses of a period or colon after a general mention of a material lists means - "shall be," or "shall comply with." Example: "Portland Cement: ASTM C 150, Type 1." END OF SECTION KEY WEST AIRPORT CUTTINGS REMOVAL REFERENCE STANDARDS 01095-4 4/27/94 SECTION 01200 - PROJECT MEETINGS PART 1 - GENERAL 1.01 PRE -CONSTRUCTION CONFERENCE A. In accordance with the General Conditions, prior to the commencement of the WORK, a Preconstruction Conference will be held at a mutually agreed time at the OWNER'S Office. B. The purpose of the Preconstruction Conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The agenda will include as a minimum: 1. CONTRACTOR'S PROGRESS SCHEDULE. 2. Transmittal, review, and distribution of CONTRACTOR'S SUBMITTALS. 3. Processing PAYMENT APPLICATIONS. 4. Maintaining AS -BUILT DRAWINGS. 5. Critical work sequencing. 6. Field decisions and CHANGE ORDERS. 7. Use of premises, office and storage areas, and security. 8. Major deliveries and priorities. 9. CONTRACTOR'S assignments for safety and first aid. 10. Traffic control plan. END OF SECTION KEY WEST AIRPORT CUTTINGS REMOVAL PROJECT MEETINGS 01200-1 4/27/94 SECTION 01505 - MOBILIZATION PART 1-GENERAL 1.01 DESCRIPTION A. Scope: 1. The WORK specified in this Section consists of the preparatory work and operations in mobilizing for beginning work on the PROJECT, including, but not limited to, the following principal items to be performed by the CONTRACTOR: a. Move onto the Site all CONTRACTOR's materials and equipment required for the CONTRACTOR's operations. CONTRACTOR shall not use equipment or materials which pollutes the water of the State of Florida. b. If required, install temporary construction power, wiring, and lighting facilities. C. Provide on -site sanitary facilities and potable water facilities. d. Arrange for and erect CONTRACTOR's work and storage yard and employee's parking facilities. e. Submit all required bonds. f. Obtain all required permits. g. Post all OSHA, EPA, Department of Labor, and all other required notices and permits. h. Have CONTRACTOR's superintendent at the PROJECT Site full time. i. Construct, maintain, and restore all temporary construction exits. PART 2 - PRODUCTS "Not Used" KEY WEST AIRPORT CUTTINGS REMOVAL MOBILIZATION 01505-1 4/27/94 PART 3 - EXECUTION 3.01 BASIS OF PAYMENT A. The CONTRACTOR shall determine all costs in connection with providing mobilization. Such costs shall be paid as part of the overall Lump Sum cost for this Project. END OF SECTION KEY WEST AIRPORT CUTTINGS REMOVAL MOBILIZATION 01505-2 4/27/94 SECTION 01510 - TEMPORARY UTILITIES PART I - GENERAL 1.01 DESCRIPTION A. Requirements Included: The CONTRACTOR shall provide temporary facilities and equipment that are adequate for the performance of the WORK. All temporary facilities and equipment shall be kept in satisfactory operating condition, capable of safely and efficiently performing the required WORK, and subject to inspection and approval by the OWNER at any time for the duration of the WORK. All WORK hereunder shall conform to the applicable requirements of the OSHA Standards for Construction. 1.02 POWER AND LIGHTING A. Power: The CONTRACTOR shall provide, at its own expense, all necessary power required for CONTRACTOR's operations and shall provide and maintain all temporary power lines, if required to perform the WORK in a safe and satisfactory manner. B. Construction Lighting: 1. All WORK conducted under conditions of insufficient day light shall be suitably lighted to ensure proper work and to afford adequate facilities for inspection and safe working conditions. No WORK shall be performed at night. C. Approval Of Electrical Connection: All temporary connections for electricity shall be subject to approval by the OWNER and the Power Company Representative and shall be removed in like manner at CONTRACTOR's expense prior to FINAL COMPLETION of the WORK. D. Separation of Circuits: 1. Unless otherwise approved by the OWNER, circuits separate from lighting circuits shall be used for all power purposes. KEY WEST AIRPORT CUTTINGS REMOVAL TEMPORARY UTILITIES 01510-1 4/27/94 E. Construction Wiring: All wiring for temporary electric light and power shall be properly installed and maintained and securely fastened in place. All electrical facilities shall conform to the requirements of the OSHA Standards for Construction. 1.03 WATER SUPPLY A. Potable Water: 1. All drinking water on the site during construction shall be furnished by the CONTRACTOR and shall be potable water furnished in approved dispensers. Notices shall be posted conspicuously throughout the site warning CONTRACTOR's personnel that other water may be contaminated. B. Water Connections: 1. The CONTRACTOR shall not make connection to or draw water from any fire hydrant or pipeline. 1.04 SANITATION A. Toilet Facilities: 1. Portable chemical toilets shall be provided wherever needed for the use of employees and OWNER. Toilets at construction job site shall conform to the requirements of the OSHA Standards for Construction. B. Sanitary and Other Organic Wastes: 1. The CONTRACTOR shall establish a regular daily collection of all sanitary and organic wastes. All wastes and refuse from sanitary facilities provided by the CONTRACTOR or organic wastes from any other source related to CONTRACTOR'S operations shall be disposed of away from the site in a manner satisfactory to the OWNER and in accordance with all LAWS and REGULATIONS pertaining thereto. Disposal of all such wastes shall be at the CONTRACTOR'S expense. KEY WEST AIRPORT CUTTINGS REMOVAL TEMPORARY UTILITIES 01510-2 4/27/94 1.05 SAFETY A. General: Jobsite safety shall be the CONTRACTOR's responsibility. Appropriate first aid facilities and supplies shall be kept and maintained by the CONTRACTOR at the site of the WORK. In addition, all employees of the CONTRACTOR and its SUBCONTRACTOR(S) shall be provided with, and required to use, personal protective and life saving equipment as set forth in the OSHA Standards for Construction. B. Public Safety: During the performance of the WORK, the CONTRACTOR shall erect and maintain temporary fences, bridges, railings, and barriers and take all other necessary precautions and place proper guards and warning signs for the prevention of accidents. The CONTRACTOR shall erect and maintain suitable and sufficient lights and other signals, if required. END OF SECTION KEY WEST AIRPORT CUTTINGS REMOVAL TEMPORARY UTILITIES 01510-3 4/27/94 SECTION 01560 - PREVENTION, CONTROL AND ABATEMENT OF EROSION AND WATER POLLUTION PART 1 - GENERAL 1.01 DESCRIPTION A. Requirements for prevention, control and abatement of erosion, siltation and water pollution resulting from implementation of the PROJECT until FINAL COMPLETION shall be the responsibility of the CONTRACTOR, and shall be in accordance with all applicable laws and regulations. 1.02 ECOLOGICAL REQUIREMENTS A. The CONTRACTOR shall prevent pollution of rivers, streams, lakes, and other water impoundments with fuels, oils, bitumens, calcium chloride or other harmful materials. The CONTRACTOR shall conduct and schedule operations so as to avoid interference with movement of migratory fish. No residue from the CONTRACTOR's equipment shall be dumped into any live stream or tidal area. B. The CONTRACTOR's activities in rivers, streams, lakes, and other water impoundments shall be restricted to those areas where it is necessary to perform work to accomplish the WORK shown on the Aerial Photograph, or as directed by the OWNER, and to those areas which must be entered to construct temporary walkways. As soon as conditions permit, rivers, streams, lakes and impoundments shall be promptly cleared of all obstructions placed therein or caused by the CONTRACTOR's operations. D. The CONTRACTOR shall not disturb lands or waters outside the limits of the Project except as may be found necessary and authorized by the OWNER. PART 2 - PRODUCTS "Not Used" PART 3 - EXECUTION "Not Used" END OF SECTION KEY WEST AIRPORT PREVENTION, CONTROL AND ABATEMENT CUTTINGS REMOVAL OF EROSION AND WATER POLLUTION 01560-1 4/27/94 t SECTION 01700 - PROJECT CLOSEOUT PART 1 - GENERAL 1.01 DESCRIPTION A. The WORK of this Section includes final work, documents and conditions required for PROJECT completion. 1.02 FINAL CLEAN-UP A. The CONTRACTOR shall clean areas of all trash and debris and turn areas over to the OWNER in an entirely clean condition. Upon completion of the WORK, CONTRACTOR shall remove from the site all excess materials and debris caused by CONTRACTOR's operations. 1.03 FINAL COMPLETION INSPECTION A. When the WORK is complete, the CONTRACTOR shall request in writing a FINAL COMPLETION inspection of the WORK. Should additional items of WORK remain incomplete thirty (30) calendar days after FINAL COMPLETION, OWNER's time charges in administrating the WORK shall be paid by the CONTRACTOR. 2. In the event of DEFECTIVE WORK detected on FINAL COMPLETION inspection, payment shall be withheld until all items are corrected to the OWNER'S satisfaction. END OF SECTION KEY WEST AIRPORT CUTTINGS REMOVAL PROJECT CLOSEOUT 01700-1 4/27/94 A SECTION 01900 - PERMITS AND EASEMENTS PART 1 - GENERAL 1.01 DESCRIPTION A. General: 1. Copies of any permits, easement agreements or license agreements which the OWNER is responsible for obtaining will be provided by the OWNER to the CONTRACTOR at the Pre -Construction Conference. The CONTRACTOR shall conduct all operations in accordance with the requirements of all permits, approvals, easement agreements and license agreements. 2. Where permits, approvals, easement agreements, or license agreements require that certain WORK is to be performed only in the presence of a representative of the permitting entity, the CONTRACTOR shall provide all coordination and notification required to assure the permit conditions are not violated. END OF SECTION KEY WEST AIRPORT CUTTINGS REMOVAL PERMITS AND EASEMENTS 01900-1 4/27/94 April72, 1991 EXHIBIT "B" Ist Vrinling MONROE COUNTY, FLORIUA INSURANCE CUII)E '1'O CONTRACT' ADMINISTRATION Ceneral Insurance Requirements for Contractors and Subcontractors Prior to the commencement of work governed by this contract (including the pre -staging of personnel and material), the Contractor shalt obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub - Contractors engaged by the Contractor. As an alternative the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre -staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to tiic County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term ol'this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certifi(cate of Insurance or • A Certified copy of the actual insurance policy The County, at its sole option, has the right to request a certified copy orally or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non -renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as Admininralivc l"Anrclion #4709.1 12 April 22. 1'r1J Isl rriding Commissioners, its employees and officials will be included except for Workcrs' Compensation. Any deviations from these Gencral Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. , AJminisiralive lnminkiian #4709.1 18 AIn i1 22. 199.1 1st Printing ►UNTY, FLORIDA NCE GUIDE TO CONTRACT ADMINISTRATION Indemnification and Hold Harmless for Contractors and Subcontractors The Contractor covenants and agrees to indcmnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's Ices) which arise out of, in connection with, or by reason of seivices provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Administrative htstnution #4709.1 April 22, 1993 1 sl Printing GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT IiE71VEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage 'fhe minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. • If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or alter the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum oftwelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. AdminiAmlive fre4ruclion GL 1 04709.1 54 April 22, 1993 I sl IYinlinl, VEHICLE LIABILITY RANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non -Owned, and I lired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. AJministralivc Iminwtion V L l "7Q9.1 75 ilp d 2 1 . 1991 Isl Printing WORKERS' COMPENSATION INSURANCE REQUIREMENT'S FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minirnum rating of A -VI, as assigned by the A.M. Best Company. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Contractor's status. Tile Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. Administralivc lmirudion WC 1 RI 04709.1 �.� y S«'ORN STATEMENT UNDER SECTION 28^.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER'OATHS. Cl 1. 2. This sworn statement is submitted with Bid, Proposal or Contract No. for This sworn statement is submitted by entity -submitting sworn �r whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is3 2� (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: V�S 3. My name is -'T,� a ,� and my relationship to the [Pease print name of inddi�vidual signing] entity named above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes. means a violation of any state or. federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state C , or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. S. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a petson convicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the management of the entity and Who ha: been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months sliall be considered an affiliate. 7, 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Floridn Statutes. means any natural person or entity organized under the laws of any state or of the United States with the legal Power to enter into a binding contract and which bids or applies to bid on contracts for the provision Of goods or services let by a public entity, or which otherwise transacts or applies to transact business With a public entity. The term "person" includes those officers, directors, executives, partners, shareholders. employees, members, and agents who are active in management of an entity. 8• Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives. ' pa tners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entit-,4., crime subsequent to July 1, 1989. ' The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND [Please indicate which additional statement applies.] There has been a proceeding concerning the conviction before a hearing* officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate has not been placed on the convicted vendor list. [Please describe any action taken by or pending with the Department of General Services.] p siig/natturLe]] Date: STATE OF r1l&u-4CK—� COUNTY OF %ten UAA-®f,/ PERSONALLY APPEARED BEFORE ME, the undersigned authority, �D 1 / �� I cE who, after first being sworn by me, affixed his/her signature [nathe of individual signing] 7„ 9( in the space provided above on this �� day of 199-4/. My commission expires: NOT.',I:Y P :+.r_'i' G'''i i"T Csc i' .Jni1 ti+i C(] Y1 • iSSi'i v Y-XR A UG. Form PUR 7068 (Rev. 11/89) NOTARY PUBLIC.