Project Manual 1 _
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MONROE COUNTY
1 F'ROJECTMANUAL
1 NO NAME KEY 6RIPGE - HURRICANE REIAIR
1 No Name ley
Monroe Count y Florida __
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B OARD OF COUNTY COMMISSIONERS
Mayor Wilhelmina Harvey, District 1
I George Neugent, District 2
Mayor Pro tem Dr. Shirley Freeman, District 3
1 Nora Williams, District 4
Mary Kay Reich, District 5
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COUNTY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS
James L. Roberts Dent Pierce
CLERK OF THE CIRCUIT COURT COUNTY ENGINEER
1 Danny L. Kolhage David S. Koppel, P.E.
1 _ May 1999
PREPARED BY:
I Monroe County Public Works Division
Engineering Department
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I SECTION00001
LE OF CONTENTS
1 NO NAME KEY BRIDGE - HURRICANE REPAIR
No Name Key
1 Monroe County, Florida
1 1. BIDDING DOCUMENTS
Section 00030 Notice of Calling for Bids (pp. 1 -2)
1 Section 00100 Instructions to Bidders (pp. 1 -9)
Section 00110 Bid Proposal (pp. 1 -10)
Section 00300 Scope of Work (pp. 1)
1 Section 00350 Milestone Schedule (pp. 1)
1 2. CONTRACT DOCUMENTS
Section 00500 Fixed Price Contract Between Owner and Contractor (pp. 1 -21)
I F THE
3. CONDITIONS OF CO NTRACT
1 Section 00800 Supplementary Conditions (pp. 1)
Section 00900 Supplementary Insurance Documents (pp. 1 -11)
Section 00970 Project Safety and Health Plan (pp. 1 -4)
1 Section 00980 Contractor Quality Control Plan (pp. 1 -6)
1 4. GENERAL REQUIREMENTS
Section 01000 Special Conditions (pp.1 -4)
1 Section 01015 Contractor's Use of the Premises (pp. 1 -2)
Section 01025 Measurement and Payment (pp.1 -2)
Section 01027 Application for Payment (pp.1 -10)
1 Section 01370 Schedule of Values (pp.1)
Section 01400 Environmental Protection (pp. 1 -3)
1 5. TECHNICAL SPECIFICATIONS
Section 02070 Selective Demolition (pp. 1 -3)
1 Section 02100 Site Preparation (pp. 1 -3)
Section 02232 Limerock Base (pp. 1 -5)
1 Section 02271 Sand - Cement Rip -Rap (pp. 1 -3)
6/15/99 TABLE OF CONTENTS 00001 -1
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6. DRAWINGS
Sheet 1 Hurricane Damage Repair (Drawing #0101.9924B)
END OF SECTION 00001
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1 6/15/99 TABLE OF CONTENTS 00001 -2
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1 SECTION 00030
NOTICE OF CALLING FOR BIDS
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NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 14, 1999 , at
1 10:00 A.M., at the Purchasing Office, a Committee consisting of the Director of
O.M.B., the County Administrator, the County Attorney, and the Division Director of
Public Works, or their designees, will open sealed bids for the following:
1 NO _ NAME KEY BRIDGE HURRICANE REPAIR
No Name Key
Monroe County, Florida
1
All bids must be received by the Purchasing Office, 5100 College Road, Public
Service Building, Cross Wing #002, Stock Island, Key West, Florida 33040 on or before
10:00 A.M. on July 14, 1999
All bids, including the recommendation of the County Administrator and the
requesting Department Head, will be presented to the Board of County
1 Commissioners of Monroe County, Florida, for final awarding or otherwise.
The Board will automatically reject the bid of any person or affiliate who appears on
the convicted vendor list prepared by the Department of General Services, State of
Florida, under Section 287.133(3) (d), F.S. (1989) .
o All bidders must submit two (2) signed originals and one (2) complete copies of
each bid in a sealed envelope marked on the outside, "Sealed Bid for No Name
Key Bridge - Hurricane Repair ". All bids must remain valid for a period of ninety (90)
days.
1 The Board reserves the right to reject any and all bids, to waive informalities in any or
all bids, and to readvertise for bids.
1 The Board also reserves the right to separately accept or reject any item or items of
bid and to award and /or negotiate a contract in the best interest of the County.
6/15/99 NOTICE OF CALLING FOR BIDS 00030- 1
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1 Drawings can be examined and obtained at the office of the Monroe County
Purchasing Department, Public Service Building, Stock Island, Florida 33040, (305)
292 -4464. Questions are to be directed to Public Works Division, Engineering
1 Department, Desiree Peacock, (305) 292 - 4426.
Bid Security payable to Monroe County Board of County Commissioners in the
1 amount of five percent (5 %) of the Bid must accompany each Bid in accordance
with the Instructions to Bidders.
1 DATED at Key West, Florida, this day of , 19
John Carter
Director of O.M.B., for
1 Monroe County, Florida
END OF SECTION 00030
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1 6/15/99 NOTICE OF CALLING FOR BIDS 00030- 2
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1 SECTION 00100
INSTRUCTIONS TO BIDDERS
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To be considered, Bids must be made in accordance with these Instructions to
Bidders.
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ARTICLE 1 - DEFINITIONS
1 1.1 Terms used in these Instructions to Bidders which are defined in the General
Conditions shall have the same meanings or definitions as assigned to them in
1 the General Conditions.
1.2 Bidding Documents include the Notice of Calling for Bids, Instructions to
1 Bidders, Bid Proposal, Pre -Bid Substitutions, Scope of Work and Milestone
Schedule, other sample bidding and contract forms and the proposed
Contract Documents including any addenda issued prior to receipt of Bids.
1 The Contract Documents proposed for the Work consist of the Standard Form
of Agreement, General Conditions, Supplementary Conditions,
Supplementary Insurance Documents, Special Conditions, General
1 Requirements, Technical Specifications, Drawings, and other sample contract
forms.
1.3 Addenda are written or graphic instruments issued by the Owner through the
County Engineer prior to the receipt of Bids which modify or interpret the
1 Bidding Documents by additions, deletions, clarifications, or corrections.
1.4 A Bid is a complete and properly signed proposal to do the Work for the sums
1 stipulated therein, submitted in accordance with the Bidding Documents.
1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform
the Work described in the Bidding Documents as the base, to which may be
added or from which Work may be deleted for sums stated in Alternate Bids.
1 1.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to
or deducted from the amount of the Base Bid if the corresponding change in
1 the Work, as described in the Bidding Documents, is accepted.
1.7 An Owner Option Bid (or Option) is an amount stated in the Bid, which can be
1 exercised by the Owner through the County Engineer, for the corresponding
change in the work as described in the Bidding Documents. This Owner
Option can be exercised at any time during the contract duration.
1.8 A Unit Price is an amount stated in the Bid as a price per unit of measurement
1 for materials or services as described in the Bidding Documents or in the
6/15/99 INSTRUCTIONS TO BIDDERS 00100 -1
proposed Contract Documents. Unit prices shall apply to add and deduct
change orders and shall include all overhead and profit.
1.9 A Bidder is a person or entity who submits a Bid.
1.10 A Sub - bidder is a person or entity who submits a bid to a Bidder for materials
1 or labor for a portion of the Work.
1.11 The term 'provide' means 'furnish and install'. Wherever 'provide' or 'furnish
and install' are used, this shall mean the complete purchase and installation,
per the specified or implied requirements.
1 1.12 The term 'perform' refers only to installation and requires full compliance with
the specified or implied requirements.
1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS
2.1 Bidders may obtain complete sets of the Bidding Documents from the issuing
office designated in the Notice of Calling for Bids for the stipulated deposit
sum. Deposits should be made payable to Monroe County, Florida. Bidders
1 who return the Bidding Documents in good condition within (10) calendar
days after award of the contract, will be refunded the deposit sum. If pages
are written on, drawings are torn, or if the issuing office considers the Bidding
Documents unusable, then the deposit will be forfeited.
2.2 Bidders shall use complete sets of Bidding Documents in preparing Bids.
Neither the Owner, his agents, nor the County Engineer assume any
responsibility for errors or misinterpretations resulting from the use of
1 incomplete sets of Bidding Documents.
ARTICLE 3 - EXAMINATION OF BIDDING DOCUMENTS AND SITE
Submitting a Bid:
Before Sub g : d
1 A. Each Bidder shall thoroughly examine all the Bidding Documents.
B. Each Bidder shall visit the site to familiarize himself with local conditions
that may in any manner affect the cost, progress, or performance of
the Work.
2 The lands upon which the Work is to be performed, right-of-ways 3.2 P p - g Y s for access
thereto and other lands designated for use by the Contractors in performing
the Work are identified in the General Requirements or shown on the
Drawings.
1 6/15/99 INSTRUCTIONS TO BIDDERS 00100 -2
3.3 Each Bidder shall study and carefully correlate his observations with the
Contract Documents.
3.4 The submission of a Bid will constitute an incontrovertible representation by the
Bidder that he has complied with every requirement of Article 3 and that the
Contract Documents are sufficient in scope and detail to indicate and
convey understanding of all terms and conditions for performance of the
Work.
1 ARTICLE 4 - INTERPRETATION AND CORRECTION OF BIDDING DOCUMENTS
4.1 Bidders and Sub - bidders shall promptly notify the County Engineer of any
ambiguity, inconsistency or error which they may discover upon examination
of the Bidding Documents or of the site and local conditions.
4.2 Bidders and Sub - bidders requiring clarification or interpretation of the Bidding
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Documents shall submit their questions in writing to the County Engineer no
later than ten calendar days prior to the date for receipt of Bids. Any
interpretation, correction or change of the Bidding Documents will be
accomplished by Addenda mailed or delivered to all parties recorded as
having received plans. Copies of Addenda will also be made available for
inspection wherever Bidding Documents are on file for that purpose.
Interpretations, corrections, or changes of the Bidding Documents made in
any other manner will not be binding, and Bidders shall not rely upon such
interpretations, corrections, and changes. Oral and other interpretations or
clarifications will be without legal effect.
ARTICLE 5 - BIDDING PROCEDURE
1 5.1 FORM AND STYLE OF BIDS
1 A. The Bid Proposal shall be submitted on the forms included in Section
00110 of these Bidding Documents with the exception of the Bid Bond,
which may be submitted in alternate forms as described in Section 5.3 -
A of these Instructions to Bidders. Each of the forms in Section 00110
must be properly filled out, executed, and submitted as the Bid
Proposal.
1. Bidders shall photocopy documents included in the Bid Package
1 as being required for submission of Bids. Pages shall not be
removed from the Bid Package documents for purposes of
submitting bids. The return of Bidding Documents from which
pages have been removed, shall result in forfeiture of the Bidding
Document deposit.
1 6/15/99 INSTRUCTIONS TO BIDDERS 00100 -3
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1 2. A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime may not
submit a bid on a contract to provide any goods or services to a
1 public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public
1 entity, may not be awarded or perform work as contractor,
supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity
' in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being
1 placed on the convicted vendor list.
3. All forms contained in Section 00110 - Bid Proposal must be fully
1 completed and submitted as part of the Bid Proposal.
4. The Bidder is required to submit a copy of a valid Monroe County
1 Class I Engineering Contractor's license (test $185.00, license
$100.00) as part of the Bid Proposal.
1 B. All blanks on the Bid Form shall be filled in with ink or by typewriter.
C. Where so indicated on the Bid Form, sums shall be expressed in both
words and figures, and in case of discrepancy between the two, the
amount written in words shall govern.
1 D. All Bidders must submit copies of their Contractor's license with their Bid.
E. Any interlineation, alteration, or erasure must be initialed by the signer
of the Bid.
F. All requested Alternates shall be bid. If no change in the Base Bid is
required, enter "No Change". Failure to comply shall constitute a
non - responsive bid.
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G. All requested Allowances shall be bid. Failure to comply shall constitute
1 a non - responsive bid.
H. All requested Owner Options shall be bid. Failure to comply shall
1 constitute a non - responsive bid.
5.2 ADDENDA
Each Bidder shall ascertain prior to submitting his Bid that Eac p g t he has a
received all Addenda issued, and he shall acknowledge their receipt in
1 his Bid.
1 6/15/99 INSTRUCTIONS TO BIDDERS 00100 -4
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B. No Addenda will be issued later than five calendar prior s rior to the
date for receipt of Bids except for an Addendum withdrawing the
1 request for Bids or one which includes postponement of the date for
receipt of Bids.
C. Copies of Addenda will be made available for inspection wherever
Bidding Documents are on file for that purpose.
1 5.3 BID SECURITY
1 A. Each Bid shall be accompanied by a Bid Security made payable to
Monroe County, in the amount of five (5) percent of the Bidder's
maximum Bid price. The Bid Security shall be in the form of a certified
1 check, cashiers check or a Bid Bond issued by a surety meeting the
requirements of the form in Section 00110, Page 9. If a Bid Bond is
submitted as Bid Security, the attorney -in -fact who executes the bond
on behalf of the surety shall affix to the Bond a certified and current
copy of his power of attorney.
1 B. The bid surety constitutes a pledge by the Bidder that he will enter into
a Contract with the Owner on the terms stated in his Bid. The Bid
Security of the successful Bidder will be retained until such Bidder has
1 entered into a Contract with the Owner. If the successful Bidder fails to
execute and deliver the Contract, the Owner may annul the Notice of
1 Award and the amount of the bid security of that Bidder shall be
forfeited to the Owner not as a penalty, but as liquidated damages.
1 C. The bid security of any Bidder whom the Owner believes to have a
reasonable chance of receiving the award may be retained by the
Owner until either (a) the Contract has been executed, or (b) the
1 sixty -first day after the Bid opening, or (c) all Bids have been rejected.
The bid security of the other Bidders will be returned within fourteen (14)
1 days of the Bid opening.
5.4 SCHEDULING, MANPOWER REQUIREMENTS, PERMITS AND LICENSES
A. The overall schedule for construction is shown in the Bidding Documents
"Milestone Schedule."
B. The Contractor will be required to provide adequate manpower and
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equipment in order to meet the requirements of the Schedule.
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C. All required permits have been filed by Monroe County and will be made
available to the awarded Contractor for signature. All permit fees will be
1 waived.
1 6/15/99 INSTRUCTIONS TO BIDDERS 00100 -5
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5.5 SUBMISSION OF BIDS
1 A. Bids shall be submitted to Monroe County at the designated location
not later than the time and date for receipt of Bids indicated in the
Notice of Calling for Bids, or any extension thereof made by
1 Addendum. Bids received after the time and date for receipt of Bids
will be returned unopened.
1 B. Two (2) signed originals and two (2) copies of all bidding documents
are to be submitted. Place the bid security in its own separate
1 envelope, marking on the outside 'Bid Security', and place all other
bidding documents in another envelope, marking on the outside
'Proposal Documents'. Both envelopes are to be inserted in one larger
1 envelope. If the Bid is hand - delivered, the envelope shall be filled out
as follows:
1 1. In the upper left hand corner, place the Bidder's name and
address.
1 2. In the center of the envelope, put the following:
Monroe County Purchasing Department
1 Public Service Building, Room 002
5100 College Road, Stock Island
1 Key West, FL 33040
3. In the lower left hand corner, put the following:
1 Bid for: NO NAME KEY BRIDGE - HURRICANE REPAIR
No Name Key
1 To be opened: July 14, 1999
at 10:00 A.M.
1 If the Bid is sent by mail, the sealed envelope shall be enclosed in
a separate mailing envelope with the notation "SEALED BID
1 ENCLOSED" on the face thereof. And then address the mailing
envelope in the conventional manner.
1 C. The Bidder shall assume full responsibility for timely delivery at the
location designated for receipt of Bids.
1 D. Oral, telephonic, or telegraphic Bids are invalid and will not receive
consideration.
1 6/15/99 INSTRUCTIONS TO BIDDERS 00100 -6
5.6 MODIFICATION AND WITHDRAWAL OF BIDS
A. A Bid may not be modified, withdrawn, or canceled by the Bidder
during the stipulated time period following the time and date
designated for the receipt of Bids, except as provided in Paragraph 5.7
Right to Claim Error in Bid, and each Bidder so agrees in submitting his
1 Bid.
B. Prior to the time and date designated for receipt of Bids, any Bid
submitted may be modified or withdrawn by notice to Monroe County
Purchasing Department at the place designated for receipt of Bids.
Such notice shall be in writing over the signature of the bidder or by
telegram. If by telegram, the written confirmation over the signature of
the Bidder shall be mailed and postmarked on or before the date and
time set for receipt of Bids, and it shall be so worded as not to reveal
the amount of the original Bid.
1 C. Withdrawn Bids may be resubmitted up to the time designated for the
receipt of Bids provided that they are then fully in conformance with
these Instructions to Bidders.
D. Bid Security shall be in an amount sufficient for the Bid as modified or
1 resubmitted.
E. No conditional, modified, or qualified bids will be accepted. Bidders
are to comply with the instructions on the bid forms, and not make any
changes thereto.
1 5.7 RIGHT TO CLAIM ERROR IN BID
A. Each Bidder's original work papers, documents, and materials used in
1 preparation of the bid shall be enclosed in an envelope and marked
clearly as to contents, must be received by Monroe County Purchasing
Department no later than 24 hours after the time and date for receipt of
Bids, or any extension thereof made by Addendum. Bidders who fail to
submit their original work papers, documents, and materials used in the
preparation of the Bid, as provided herein, waive all rights to claim error
in the Bid.
1 ARTICLE 6 - CONSIDERATION OF BIDS
6.1 OPENING OF BIDS
The properly identified Bids received on time will be opened P p Y ened at the P
Monroe County Purchasing Department.
6/15/99 INSTRUCTIONS TO BIDDERS 00100 -7
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1 B. Any Bid not received by the Purchasing Department on or before the
deadline for receipt of bids designated in the Notice of Calling for Bids
will be returned unopened.
1 6.2 BIDS TO REMAIN OPEN
1 A. All Bids shall remain open for sixty days after the date designated for
receipt of Bids.
1 B. The Owner may, at his sole discretion, release any Bid Proposal and
return the Bid Security before the sixty days has elapsed.
• 6.3 AWARD OF CONTRACT
1 A. The Owner reserves the right to reject any and all Bids or any part of a
Bid, to waive the right to disregard all nonconforming, non - responsive or
conditional Bids.
1 B. In evaluating Bids, the Owner shall consider the qualifications of the
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bidders, whether or not the Bids comply with the prescribed
1 requirements, and alternates and unit prices if requested in the Bid
Forms.
1 C. The Owner shall have the right to accept Alternates in any order or
combination and to determine the low Bidder on the basis of the sum
1 of the Base Bid and the Alternates accepted.
D. The Owner may consider the qualifications and experience of
1 subcontractors and /or other entities (including those who are to furnish
materials, or equipment fabricated to a special design) proposed for
each of the principal portions of the Work as identified in the Bid.
1 Operating costs, maintenance considerations, performance data and
guarantees of materials and equipment may also be considered.
1 E. The Owner may conduct such investigations as he deems necessary to
assist in the evaluation of any Bid and to establish the responsibility,
1 qualifications, and financial ability of the Bidders, proposed
subcontractors, and other persons or organizations to do the Work in
accordance with the Contract Documents to the Owner's satisfaction
1 within the prescribed time. The Owner has the right to conduct Bid
Clarification meetings with any bidder, to determine if bidder has bid
the Scope of Work in its entirety. Bidder shall be required to attend bid
1 clarification meetings, as necessary.
1 F. The Owner reserves the right to reject the Bid of any Bidder who does
not pass any such evaluation to their satisfaction.
1 6/15/99 INSTRUCTIONS TO BIDDERS 00100 -8
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1 G. If the Contract is awarded, it will be awarded to the Bidder whose
evaluation by the Owner shows him to be responsible and has
1 indicated to the Owner that the award will be in the best interests of the
Project.
1 H. If the Contract is to be awarded, the County Engineer will issue the
Notice of Award to the successful Bidder within sixty days after the date
of receipt of bids. The Owner reserves the right to return all Bids, not
1 make any awards, and cancel the Project.
1 I. The Owner is tax exempt and reserves the right to purchase directly
various construction materials and equipment that may be a part of the
Contract. If the Owner elects to make a particular purchase, the
1 County Engineer will act as a purchasing agent for the Owner. The
Owner will, via a Purchase Contract, purchase the materials and
equipment, and the Contractor shall assist the County Engineer in the
1 preparation of these Purchase Contracts, including providing to the
Owner appropriate tax credits.
6.4 EXECUTION OF CONTRACT
A. The Notice of Award to the successful Bidder will be accompanied by
two (2) signed originals and two (2) copies of the Contract Agreement
and all other Contract Documents. The Contractor shall sign and
1 deliver all four (4) copies of the Contract Agreement to the County
Engineer, with all other Contract Documents attached, including an
original Insurance Certificate. The County Engineer will return one fully
executed copy of the Contract Agreement to the Contractor with all
other Contract Documents attached within three weeks thereafter.
1 B. In the event that the Contractor does not comply with Article 6.4 -A as
stated above, the Owner may cancel the Award of Contract and
1 select the next responsive bidder or reject all bids.
ARTICLE 7 - SPECIAL LEGAL REQUIREMENTS
7.1 Each Bidder, before submitting his Bid, shall familiarize himself with all Federal,
State, and local laws, ordinances, rules and regulations that may apply to the
1 Work or that may in any manner affect the cost, progress, or performance of
the Work.
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END OF SECTION 00100
1 6/15/99 INSTRUCTIONS TO BIDDERS 00100 -9
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1 SECTION 00110
BID PROPOSAL
1 The Bid Proposal shall be submitted on the forms included in this section of the
Bidding Documents as previously instructed herein .
Item Description Pages
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1. Proposal Form 2 - 4
1 2. Non - Collusion Affidavit 5 - 6
1 3. Lobbying and Conflict of Interest Clause 7
4. Drug -Free Workplace Form 8
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5. Bid Bond 9
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1 6/15/99 BID PROPOSAL 00110 -1
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1 PROPOSAL FORM
BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
PUBLIC SERVICE BUILDING, ROOM 002
5100 COLLEGE ROAD, STOCK ISLAND
1 KEY WEST, FLORIDA 33040
BID FROM:
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The undersigned, having carefully examined the Work and reference Drawings, Proposal,
1 and Addenda thereto and other Contract Documents for the construction of:
NO NAME KEY BRIDGE - HURRICANE REPAIR
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No Name Key
Monroe County, Florida
1 i where the Work is to be performed, having having carefully examined the site e e e p g become
familiar with all local conditions including labor affecting the cost thereof, and having
1 familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules
and regulations affecting performance of the Work, does hereby propose to furnish all labor,
mechanics, superintendents, tools, material, equipment, transportation services , and all
1 incidentals necessary to perform and complete said Work and work incidental hereto, in a
workman -like manner, in conformance with said Drawings, and other Contract Documents
including Addenda issued thereto.
The undersigned further certifies that he has personally inspected the actual location of where
the Work is to be performed, together with the local sources of supply and that he understands
1 the conditions under which the Work is to be performed. The successful bidder shall assume the
risk of any and all costs and delays arising from the existence of any subsurface or other latent
physical condition which could be reasonably anticipated by reference to documentary
information provided and made available, and from inspection and examination of the site.
The undersigned shall perform the work at the Unit Price Indicated on the following Bid Form.
1 Further, it is understood that the Bid Form Quantities are estimated for evaluation purposes only
and that the final contract price will be determined from the actual quantities measured for
payment in accordance with the Contract Documents.
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1 6/15/99 BID PROPOSAL 00110 -2
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1 I acknowledge receipt of Addenda No.(s) . I have included pages
1 through 10 of the Bid Proposal which entails the Proposal Form , the
Non - Collusion Affidavit , the Lobbying and Conflict of Interest Clause , the
1 Drug -Free Workplace Form , and the Bid Bond . Also include a copy of valid
licenses
1 (Check mark items above, as a reminder that they are included.)
Mailing Address:
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Phone Number:
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Date: Signed:
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(Name)
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(Title)
1 Witness:
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(Seal)
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1 6/15/99 BID PROPOSAL 00110 -4
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1 NON - COLLUSION AFFIDAVIT
1 of the city of according to law on
my oath, and under penalty of perjury, depose and say that;
1 1. I am of the firm of
, the bidder making the Proposal for
the project described in the notice for calling for bids for:
1
NO NAME KEY BRIDGE - HURRICANE REPAIR
1 No Name Key
Monroe County, Florida
1 and that I executed the said proposal with full authority to do so;
1 2.) the prices in this bid have been arrived at independently without
collusion, consultation, communication or agreement for the purpose
of restricting competition, as to any matter relating to such process with
1 any other bidder or with any competitor;
1 3.) unless otherwise required by law, the prices which have been quoted in
this bid have not been knowingly disclosed by the bidder and will not
knowingly be disclosed by the bidder and will not be knowingly
1 disclosed by the bidder prior to bid opening, directly or indirectly, to
any other bidder or to any competitor; and
1 4.) no attempt has been made or will be made by the bidder to induce
any other person, partnership or corporation to submit, or not to submit,
a bid for the purpose of restricting competition;
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5.) the statements contained in this affidavit are true and correct, and
made with full knowledge that Monroe County relies upon the truth of
1 the statements contained in this affidavit in awarding contracts for said
project.
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( Signature of Bidder)
(Date)
STATE OF:
1 COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
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who, after first being sworn by me,
1 (name of individual signing) affixed his /her signature
1 in the space provided above on this day of , 19 .
1 NOTARY PUBLIC
1 My commission expires:
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I LOBBYING AND CONFLICT OF INTEREST CLAUSE
ORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
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1 (Company)
"... warrants that it has not employed, retained or otherwise had act on 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 ".
(Signature) (Date)
STATE OF
1 COUNTY OF
1 PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his /her
signature in the space provided
1 (name of individual signing)
above on this day of , 19
NOTARY PUBLIC
My commission expires:
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1 6/15/99 BID PROPOSAL 00110-7
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DRUG -FREE WORKPLACE FORM
The undersigned Contractor in accordance with FI. Statute 287.087 hereby certifies that:
1 (Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
1 dispensing, possession, or use of a controlled substance is prohibited inthe workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
1 2. Inform such employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug -free workplace, any available drug
1 counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
1 3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
1 4. In the statement specified in subsection (1), notify the employees that, as a
condition of working on the commodities or contractual services that are under bid,
the employees will abide by the terms of the statement and will notify the employer
1 of any conviction of, or plea of guilty or nolo contendere to, any violation of
Chapter 893 (Florida Statutes) or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5)
1 days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse
1 assistance or rehabilitation program if such is available in the employee's
community, or any employee who is so convicted.
1 6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As a person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Bidders Signature
MCP #5 Rev. 6/91 Date
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1 6/15/99 BID PROPOSAL 00110 -8
THE AMERICAN INSTITUTE OF ARCHITECTS
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A1A Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
(Here insert fuU name and address or legal title of Contractor)
as Principal, hereinafter called the Principal, and
(Here insert full name and address or legal title of Surety)
a corporation duly organized under the laws of the State of
as Surety, hereinafter called the Surety. are held and firmly bound unto
(Here insert full name and address or legal title of Owner)
1 as Obligee. hereinafter called the Obligee, in the sum of
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Dollars ($ ),
for the payment of which sum well and truly to be made, the said Principal and the soin Surety, bind ourselves.
our heirs. executors. administrators, successores and assigns, jointly and severally, finely by these presents.
1 WHEREAS. the Principal has submitted a bid for
(Here insert full name. address and description of project)
NOW. THEREFORE if the Obligee shall accept the bid of the Principal and the Principal shall enter a Contract with the
Obligee in accordance with the terms of such bid. and give such bond or bonds as may be specified in the bidding or
Contract documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material fumished in the prosecution thereof, or in the event of the failure of the Principal to enter such
Contract and give such bond or bonds. if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the Work covered by said bid. then this obligation shall be null and void. otherwise to remain in
full force and effect.
Signed and sealed this day of 19
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(Principal) (Seal)
1 (Witness)
(17tle)
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1 (Surety) (Seal)
(Witness)
- (Title)
1 - 6/15/99 BID PROPOSAL 00110 -9
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1 END OF SECTION 00110
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6/15/99 BID PROPOSAL 00110-10
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1 SECTION 00300
SCOPE OF WORK
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1.0 GENERAL SCOPE
1.1 The Scope of Work shall include, but not be limited to, all Work shown on the
plans. The Contractor is required to provide a complete job as contemplated
by the drawings, which are a part of this bid package.
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1.2 The Scope of Work consists of repairs to No Name Key Bridge due to damage
1 from Hurricane Georges. Work to be completed as shown on Drawing
#0101.99248.
1 1.3 Provide all labor, supervision, materials, supplies, equipment, tools,
construction equipment, transportation, inspection, and proper execution and
completion of all Work as specified on the Drawing and Technical
1 Specifications included in this Bid Package and are listed as follows.
TECHNICAL SPECIFICATIONS
Section 02070 Selective Demolition (pp. 1 -3)
Section 02100 Site Preparation (pp. 1 -3)
Section 02232 Limerock Base (pp. 1 -5)
Section 02271 Sand - Cement Rip -Rap (pp. 1 -3)
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END OF SECTION 00300
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1 5/27/99 SCOPE OF WORK 00300 -1
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1 SECTION 00350
MILESTONE SCHEDULE
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This section contains the project milestone schedule. The Contractor is required to
1 study the applicable parts, or milestones, in order to determine his proposed
scheduling for the project.
1 The Contractor is to note the following special items.
1 a. Bid Due Date July 14, 1999
b. Award Date (Anticipated) July 21, 1999
1 c. Pre -Con Meeting (Anticipated) July 29, 1999
1 d. Construction Start (Anticipated) August 9, 1999
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END OF SECTION 00350
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6/14/99 MILESTONE SCHEDULE 00350 -1
1 SECTION 00500
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
1 THIS AGREEMENT is made by and between Monroe County, 5100 College
Road, Stock Island, Key West, Florida 33040 (hereinafter referred to as "owner ") and
(hereinafter referred
to as "contractor ") for construction of NO NAME KEY BRIDGE - HURRICANE REPAIR,
No Name Key, the engineering drawings for which are attached and incorporated
into this contract as Exhibit A (hereinafter referred to as the "Project "), the owner
and the contractor hereby agreeing as follows:
1 ARTICLE I
THE CONTRACT AND THE CONTRACT DOCUMENTS
1.1 The Contract
1.1.1 The contract between the owner and the contractor, of which this agreement
is a part, consists of the contract documents. It shall be effective on the date this
agreement is executed by the last party to execute it.
1.2 The Contract Documents
1.2.1 The contract documents consist of this agreement, the Request for Bid, the
Conditions of the Contract, the General Requirements, the drawings provided by
1 the Contractor, all change orders, any addenda and field orders issued hereafter,
any other amendments hereto executed by the parties after the execution of this
Agreement. Documents not enumerated in this paragraph 1.2.1 are not contract
documents and do not form part of this contract.
1.3 Entire Agreement
1.3.1 This contract shall constitute the entire and exclusive agreement between the
owner and the contractor with reference to the Project. Specifically, but without
limitation, this contract supersedes any bid documents and all prior written or oral
communications, representations and negotiations, if any, between the owner and
contractor.
1.4 No Privity with Others
1.4.1 Nothing contained in this contract shall create, or be interpreted to create,
privity or any other contractual agreement between the owner and any person or
entity other than the contractor.
1.5 Intent and Interpretation
1.5.1 The intent of this contract is to require complete, correct and timely execution
of the work. Any work that may be required, implied or inferred by the contract
5/20/99 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500 -1
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1 documents, or any one or more of them, as necessary to produce the intended
result shall be provided by the contractor for the contract price.
1 1.5.2 This contract is intended to be an integral whole and shall be interpreted as
internally consistent. What is required by any one contract document shall be
considered as required by the county commissioners.
1 1.5.3 When a word, term or phrase is used in this contract, it shall be interpreted or
construed, first, as defined herein, second, if not defined, according to its generally
accepted meaning in the construction industry; and third, if there is no generally
1 accepted meaning in the construction industry, according to its common and
customary usage.
„”
1.5.4 The words "include," "includes," or "including," as used in this contract, shall
be deemed to be followed by the phrase, "without limitation."
1.5.5 The specification herein of any act, failure, refusal, omission, event,
occurrence or condition as constituting a material breach of this contract shall not
imply that any other, nonspecific act, failure, refusal, omission, event, occurrence or
condition shall be deemed not to constitute a material breach of this contract.
1 1.5.6 Words or terms used as nouns in this contract shall be inclusive of their singular
and plural forms, unless the context of their usage clearly requires a contrary
meaning.
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1.5.7 The contractor shall have a continuing duty to read, carefully study and
compare each of the contract documents, the shop drawings and the product
data and shall give written notice to the owner of any inconsistency, ambiguity,
error or omission which the contractor may discover with respect to these
documents before proceeding with the affected work. The issuance, or the express
1 or implied approval by the owner of the contract documents, shop drawings or
product data shall not relieve the contractor of the continuing duties imposed
1 hereby, nor shall any such approval be evidence of the contractor's compliance
with this contract.
1.5.8 Neither the organization of any of the contract document into divisions,
sections, paragraphs, articles (or other categories), nor the organization or
arrangement of the design, shall control the contractor in dividing the work or in
1 establishing the extent or scope of the work to be performed by subcontractors.
1.6 Ownership of Contract Documents
1 1.6.1 The contract documents, and each of them, shall remain the property of the
owner. The contractor shall have the right to keep one record set of the contract
documents upon completion of the project; provided, however, that in no event
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1 shall contractor use, or permit to be used, any or all of such contract documents on
other projects without the owner's prior written authorization.
1 ARTICLE II
THE WORK
2.1 The contractor shall perform all of the work required, implied or reasonably
inferable from, this contract.
1 2.2 The term "work" shall mean whatever is done by or required of the contractor
to perform and complete its duties under this contract, including the following:
1 construction and design of the whole project; furnishing of any required insurance;
and the provision or furnishing of labor, supervision, services, materials, supplies,
equipment, fixtures, appliances, facilities, tools, transportation, storage, power, the
1 payment of any applicable sales and use taxes; royalties and product license fees;
permits and licenses required of the contractor, fuel, heat, Tight, cooling and all
other utilities as required by this contract. The work to be performed by the
1 contractor is generally described as follows: NO NAME KEY BRIDGE -
HURRICANE REPAIR, No Name Key.
1 ARTICLE III
CONTRACT TIME
1 3.1 Time and Liquidated Damages
3.1.1 The contractor shall commence work to be performed under this Contract no
1 later than ten (10) calendar days from Notice to Proceed and shall be substantially
completed no later than sixty (60) calendar days from the Commencement Date.
The Contractor also agrees to be complete and ready for final payment no later
than thirty (30) calendar days from the Substantial Completion Date.
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1 3.1.2 The Owner and the Contractor recognize that time is of the essence in this
Contract and that the Owner will suffer financial loss if the Work is not completed
1 within the times specified above. They also recognize the delays, expense and
difficulties involved in proving in a legal proceeding the actual loss suffered by
Owner if the Work is not completed on time. Accordingly, instead of requiring such
1 proof, Owner and Contractor agree that as liquidated damages for delay ( but not
as a penalty) Contractor shall pay Owner two - hundred dollars ($200.00) for each
day that expires after the time specified above for Substantial Completion until the
1 Work is substantially complete.
1 3.1.3 The Owner and Contractor agree that work on the project will be continuous
from the commencement date through to the completion date. Any
demobilization once work has started requires prior approval by the Owner.
1 3.2 Substantial Completion
3.2.1 "Substantial Completion" shall mean that stage in the progression of the work
1 when the work is sufficiently complete in accordance with this contract that the
owner can enjoy beneficial use or occupancy of the work and can utilize the work
for its intended purpose. Substantial Completion shall be determined by the County
1 Engineer.
3.3 Time is of the Essence
3.3.1 All limitation of time set forth in the contract documents are of the essence of
this contract.
1 ARTICLE IV
CONTRACT PRICE
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4.1 The Contract Price
4.1.1 The owner shall pay, and the contractor shall accept, as full and complete
1 payment for all of the work required herein, the fixed sum of $ . The sum
set forth in this paragraph 4.1 shall constitute the contract price which shall not be
modified except by change order as provided in this contract.
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ARTICLE V
PAYMENT OF THE CONTRACT PRICE
5.1 Schedule of Values
5.1.1 Within ten (10) calendar days of the effective date hereof, the contractor
shall submit to the owner and to the County Engineer a schedule of values
allocating the contract price to the various portions of the work. The contractor's
1 schedule of values shall be prepared in such form, with such detail, and supported
by such data as the County Engineer or owner may require to substantiate its
1 accuracy. The contractor shall not imbalance its schedule of values nor artificially
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1 inflate any element thereof. The violation of this provision by the contractor shall
constitute a material breach of this contract. The schedule of values shall be used
only as a basis for the contractor's applications for payment and shall only
1 constitute such basis after it has been acknowledged in writing by the County
Engineer and the owner.
5.2 Payment Procedure
5.2.1 The owner shall pay the contract price to the contractor as provided below.
5.2.2 Progress Payments —Based upon the contractor's applications for payment
and upon certificates for payment subsequently issued to the owner, the owner shall
1 make progress payments to the contractor on account of the contract price.
5.2.3 Thirty days after commencement of the work, and every thirty days thereafter
1 until completion of the project, the contractor may submit an application for
payment to the County Engineer in such form and manner, and with such
supporting data and content, as the owner or the County Engineer may require.
1 Therein, the contractor may request payment for ninety percent (90 %) of that
portion of the contract price properly allocable to contract requirements properly
provided, labor, materials and equipment properly incorporated in the work plus
1 ninety percent (90 %) of that portion of the contract price properly allocable to
materials or equipment properly stored onsite (or elsewhere if approved in advance
1 in writing by the owner) for subsequent incorporation in the work, less the total
amount of previous payments received from the owner. Payment for stored
materials and equipment shall be conditioned upon the contractor's proof
1 satisfactory to the owner, that the owner has title to such materials and equipment
and shall include proof of required insurance. Such application for payment shall
be signed by the contractor and shall constitute the contractor's representation that
the work has progressed to the level for which payment is requested in accordance
with the schedule of values, that the work has been properly installed or performed
in full accordance with this contract, and that the contractor knows of no reason
why payment should not be made as requested. Thereafter, the County Engineer
will review the application for payment and may also review the work at the project
site or elsewhere to determine whether the quantity and quality of the work is as
1 represented in the application for payment and is as required by this contract. The
County Engineer shall determine and certify to the owner the amount properly
1 owing to the contractor. The owner shall make partial payments on account of the
contract price to the contractor within twenty (20) days following the receipt by
Monroe County Engineer, of each application for payment. The amount of each
1 partial payment shall be the amount certified for payment by the County Engineer
less such amounts, if any, otherwise owing by the contractor to the owner or which
the owner shall have the right to withhold as authorized by this contract. The
1 County Engineer's certification of the contractor's application for payment shall not
preclude the owner from the exercise of any of its rights as set forth in paragraph 5.3
hereinbelow.
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5.2.4 The contractor warrants t
that all payments to subcontractors have been
made as certified on the application for payment and that title to all work covered
by an application for payment will pass to the owner no later than the time of
payment. The contractor further warrants that upon submittal of an application for
payment, all work for which payments have been received from the owner shall be
1 free and clear of liens, claims, security interest or other encumbrances in favor of
the contractor or any other person or entity whatsoever.
1 5.2.5 The contractor shall promptly pay each subcontractor, out of the amount
paid to the contractor on account of such subcontractor's work, the amount to
1 which such subcontractor is entitled. In no event is the owner obligated to pay any
subcontractor an amount owed to it by the contractor. Language similar to this
paragraph 5.2.5 must appear in all contracts between the contractor and its
1 subcontractors.
5.2.6 No progress payment, nor any use or occupancy of the project by the owner,
shall be interpreted to constitute an acceptance of any work not in strict
accordance with this contract.
1 5.3 Withheld Payment
5.3.1 The owner may decline to make payment, may withhold funds, and, if
necessary, may demand the return of some or all of the amounts previously paid to
1 the contractor, to protect the owner from loss because of:
1 (a) defective work not remedied by the contractor nor, in the opinion of
the owner, likely to be remedied by the contractor;
1 (b) claims of third parties against the owner or the owner's property;
(c) failure by the contractor to pay subcontractors or others in a prompt
1 and proper fashion;
(d) evidence that the balance of the work cannot be completed in
accordance with the contract for the unpaid balance of the contract price;
1 (e) evidence that the work will not be completed in the time required for
substantial or final completion;
1 (f) persistent failure to carry out the work in accordance with the contract;
(g) damage to the owner or a third party to whom the owner is, or may be,
1 liable.
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I In the event that the owner makes written demand upon the contractor for
nts previously paid by the owner as contemplated in this subparagraph 5.3.1,
the contractor shall promptly comply with such demand.
5.4 Unexcused Failure to Pay
5.4.1 If within twenty (20) days after the date established herein for payment to the
1 contractor by the owner, the owner, without cause or basis hereunder, fails to pay
the contractor any amount then due and payable to the contractor, then the
1 contractor may after seven (7) additional days' written notice to the owner and the
County Engineer, and without prejudice to any other available rights or remedies it
may have, stop the work until payment of those amounts due from the owner have
1 been received.
5.5 Substantial Completion
1 5.5.1 When the contractor believes that the work is substantially complete, the
contractor shall submit written notice that the project is ready for substantial
completion inspection. The County Engineer, on the basis of contractor's notice,
1 shall determine that the work is in fact substantially complete. The County Engineer
will prepare a certificate of substantial completion which shall establish the date of
substantial completion, shall state the responsibilities of the contractor for project
1 security, maintenance, utilities, damage to the work, and insurance, and shall fix the
time within which the contractor shall complete the items listed therein. The
1 certificate of substantial completion shall be submitted to the contractor for written
acceptance of the responsibilities assigned to them in such certificate. Upon
substantial completion of the work and execution by both the owner and the
1 contractor of the certificate of substantial completion, the owner shall pay the
contractor an amount sufficient to increase total payments to the contractor to one
hundred percent (100 %) of the contract price less five percent (5 %) retention and
less three hundred percent (300 %) of the reasonable cost as determined by the
owner and the County Engineer for completing all incomplete work, correcting and
bringing into conformance all defective and nonconforming work, and handling all
1 unsettled claims. The certificate of substantial completion shall not be signed by the
County Engineer unless accompanied by a signed certificate of occupancy from
all governing authorities.
5.6 Completion and Final Payment
1 5.6.1 When all of the work is finally complete and the contractor is ready for a final
inspection, it shall notify the owner thereof in writing. Thereupon, the County
Engineer will make final inspection of the work and, if work is complete in full
accordance with this contract and this contract has been fully performed, the
County Engineer will promptly issue a final certificate for payment certifying to the
owner that the project is complete and the contractor is entitled to the remainder of
1 the unpaid contract price, less any amount withheld pursuant to this contract.
Guarantees required by the contract shall commence on the date of final
completion of the work. If the County Engineer is unable to issue its final certificate
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1 for payment and is required to repeat its final inspection of the work, the contractor
shall bear the cost of such repeat final inspection(s) which cost may be deducted
by the owner from the contractor's final payment.
1 5.6.1.1 If the contractor fail t
s to achieve final completion within the time fixed
therefor by the County Engineer in its certificate of substantial completion, the
contractor shall pay the owner the sum of two - hundred dollars per day for each
and every calendar day of unexcused delay in achieving final completion beyond
the date set forth herein for final completion of the work. Any sums due and
payable hereunder by the contractor shall be payable, not as a penalty, but as
liquidated damages representing an estimate of delay damages likely to be
1 sustained by the owner, estimated at or before the time of executing this contract.
When the owner reasonably believes that final completion will be inexcusably
delayed, the owner shall be entitled, but not required, to withhold from any
amounts otherwise due the contractor an amount then believed by the owner to
be adequate to recover liquidated damages applicable to such delays. If and
when the contractor overcomes the delay in achieving final completion, or any
1 part thereof, for which the owner has withheld payment, the owner shall promptly
release to the contractor those funds withheld, but no longer applicable, as
liquidated damages.
5.6.2 The contractor shall not be entitled to final payment unless and until it submits
to the County Engineer its affidavit that all payrolls, invoices for materials and
equipment, and other liabilities connected with the work for which the owner, or the
owner's property might be responsible, have been fully paid or otherwise satisfied;
releases and waivers of lien from all subcontractors of the contractor and of any
and all parties required by the owner; and the consent of surety to final payment.
The affidavits, releases and waivers required from subcontractors and materialmen
1 are for the administrative convenience of the owner only. They do not create an
obligation on the part of the owner to assure that any subcontractor or materialman
is paid.
5.6.3 The owner shall make final payment of all sums due the contractor per
Section 01027 of the Project Manual.
5.6.4 Acceptance of final payment shall constitute a waiver of all claims against
the owner by the contractor except for those claims previously made in writing
against the owner by the contractor, pending at the time of final payment, and
identified in writing by the contractor as unsettled at the time of its request for final
1 payment.
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ARTICLE VI
THE OWNER
1 6.1 Information and Services Required from Owner
6.1.1 The owner shall furnish to the contractor, at the time of executing this
contract, any and all written and tangible material in its possession concerning
conditions below ground at the site of the project. Such written and tangible
material is furnished to the contractor only in order to make complete disclosure of
such material and for no other purpose. By furnishing such material, the owner does
not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or
explicitly, or at all, and shall have no liability therefor. The owner shall also furnish
1 surveys, legal limitations and utility locations (if known), and a legal description of
the project site.
1 6.1.2 Excluding fees normally the responsibility of the contractor, the owner shall
obtain all permits, approvals, easements, and the like required for construction and
shall pay for necessary assessments and charges required for construction, use or
1 occupancy of permanent structures or for permanent changes in existing facilities.
6.1.3 The owner shall furnish the contractor, free of charge, 5 copies of the
contract documents for execution of the work. The contractor will be charged, and
shall pay the owner, $ -0- per additional set of contract documents which it
may require.
6.2 Right to Stop Work
6.2.1 If the contractor persistently fails or refuses to perform the work in accordance
with this contract, the owner may order the contractor to stop the work, or any
described portion thereof, until the cause for stoppage has been corrected, no
1 longer exists, or the owner orders that work be resumed, in such event, the
contractor shall immediately obey such order.
6.3 Owner's Right to Perform Work
6.3.1 If the contractor's work is stopped by the owner under paragraph 6.2, and the
contractor fails within three (3) days of such stoppage to provide adequate
1 assurance to the owner that the cause of such stoppage will be eliminated or
corrected, then the owner may, without prejudice to any other rights or remedies
the owner may have against the contractor, proceed to carry out the subject work.
In such a situation, an appropriate change order shall be issued deducting from the
contract price the cost of correcting the subject deficiencies. If the unpaid portion
of the contract price is insufficient to cover the amount due the owner, the
contractor shall pay the difference to the owner.
1 ARTICLE VII
THE CONTRACTOR
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7.1 The contractor is again reminded of its continuing duty set forth in
subparagraph 1.5.7. The contractor shall perform no part of the work at any time
without adequate contract documents or, as appropriate, approved shop
drawings, product data or samples for such portion of the work. If the contractor
performs any of the work knowing it involves a recognized error, inconsistency or
omission in the contract documents without such notice to the County Engineer, the
contractor shall bear responsibility for such performance and shall bear the cost of
correction.
7.2 The contractor shall perform the work strictly in accordance with this contract.
0 7.3 The contractor shall supervise and direct the work using the contractor's best
skill, effort and attention. The contractor shall be responsible to the owner for any
and all acts or omissions of the contractor, its employees and others engaged in the
work on behalf of the contractor.
7.4 The contractor shall provide competent, suitably qualified personnel to survey
and lay out the Work and perform construction as required by the Contract
Documents. Contractor shall at all times maintain good discipline and order at the
site. Except in connection with the safety or protection of persons or the Work or
property at the site or adjacent thereto, and except as otherwise indicated in the
Contract Documents, all Work at the site shall be performed during regular working
hours, and contractor shall not permit overtime work or the performance of Work on
Saturday, Sunday or any legal holiday without Owner's written consent given after
prior written notice to County Engineer.
7.5 Warranty
7.5.1 The contractor warrants to the owner that all labor furnished to progress the
work under this contract will be competent to perform the tasks undertaken, that
the product of such labor will yield only first -class results, that materials and
equipment furnished will be of good quality and new unless otherwise permitted by
this contract, and that the work will be of good quality, free from faults and defects
and in strict conformance with this contract. All work not conforming to these
1 requirements may be considered defective.
7.6 The contractor shall obtain and pay for all fees and licenses necessary and
1 ordinary for the work. The contractor shall secure and pay for all licenses,
inspections and surveys required by Federal, State, or Municipal bodies having
jurisdiction over the project for the proper execution and completion of the work
1 which are customarily secured after execution of the contract and which are
legally required at the time bids are received. The contractor shall comply with all
lawful requirements applicable to the work and shall give and maintain any and all
notices required by applicable law pertaining to the work.
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1 7.7 Supervision
7.7.1 The contractor shall employ and maintain at the project site only competent
supervisory personnel. Absent written instruction from the contractor to the contrary,
the superintendent shall be deemed the contractor's authorized representative at
the site and shall be authorized to receive and accept any and all communications
from the owner or the County Engineer.
7.7.2 Key supervisory personnel assigned by the contractor to this project shall be
furnished in writing at the preconstruction meeting.
7.8 The contractor, within fifteen (15) days of commencing the work, shall submit to
the owner and the County Engineer for their information the following:
7.8.1 The contractor's schedule for completing the work. The contractor's
schedule shall be revised no Tess frequently than monthly (unless the parties
otherwise agree in writing) and shall be revised to reflect conditions encountered
from time to time and shall be related to the entire project. Each such revision shall
be furnished to the owner and the County Engineer. Failure by the contractor to
strictly comply with the provisions of this paragraph shall constitute a material
breach of this contract.
7.8.2 A preliminary schedule of shop drawing submissions.
1 7.8.3 A preliminary schedule of values for all of the Work which will include
quantities and prices of items aggregating the Contract Price and will subdivide the
Work into component parts in sufficient detail to serve as the basis for progress
payments during construction. Such prices will include an appropriate amount of
overhead and profit applicable to each item of Work which will be confirmed in
1 writing by CONTRACTOR at the time of submission.
7.9 The contractor shall continuously maintain at the site, for the benefit of the
owner and the County Engineer, one record copy of this contract marked to record
on a current basis changes, selections and modifications made during construction.
Additionally, the contractor shall maintain at the site for the owner and the County
Engineer the approved shop drawings, product data, samples, other similar required
submittals and an office for their use. Upon final completion of the work, all of these
1 record documents shall be delivered to the owner.
7.10 Shop Drawings, Product Data and Samples
1 7.10.1 Shop drawings, product data, samples and other submittals from the
contractor do not constitute contract documents. Their purpose is merely to
demonstrate the manner in which the contractor intends to implement the work in
conformance with information received from the contract documents.
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1 7.10.2 The contractor shall not perform any portion of the work requiring submittal
and review of shop drawings, product data or samples unless and until such
submittal shall have been approved by the County Engineer. Approval by the
1 County Engineer, however, shall not be evidence that work installed pursuant
thereto conforms with the requirements of this contract.
7.11 Cleaning the Site and the Project
7.11.1 The contractor shall keep the site reasonably clean during performance of
1 the work. Upon final completion of the work, the contractor shall clean the site and
the project and remove all waste, together with all of the contractor's property
therefrom.
1 7.12 Access to Work
7.12.1 The owner and the County Engineer shall have access to the work at all times
1 from commencement of the work through final completion. The contractor shall
take whatever steps necessary to provide access when requested.
7.13 Indemnity
7.13.1 To the fullest extent permitted by law, the contractor shall indemnify and hold
1 harmless the owner from and against liability, claims, damages, losses and
expenses, including attorneys' fees, arising out of or resulting from performance of
the work, provided that such liability, claims, damage, Toss or expense is attributable
1 to bodily injury, sickness, disease or death, or to injury to or destruction of tangible
property (other than the work itself) including loss of use resulting therefrom, but only
to the extent caused in whole or in part by negligent acts or omissions of the
1 contractor, a subcontractor, anyone directly or indirectly employed by them or
anyone for whose acts they may be liable, regardless of whether or not such liability,
claim, damage, loss or expense is caused in part by a party indemnified hereunder.
1 The indemnification required by this paragraph 7.13 is independent of the
contractor's obligation to purchase the insurance described in Article XIII and is not
limited or modified by the terms of those insurance policies.
1
7.13.2 In claims against any person or entity indemnified under this paragraph 7.13
by an employee of the contractor, a subcontractor, anyone directly or indirectly
1 employed by them or anyone for whose acts they may be liable, the
indemnification obligation under this paragraph 7.13 shall not be limited by a
1 limitation on amount or type of damage, compensation or benefits payable by or
for the contractor or a subcontractor under workers' compensation acts, disability
benefit acts or other employee benefit acts.
1
7.13.3 The contractor shall defend suits or claims for infringement of patent rights
and shall hold the owner and County Engineer harmless from loss on account
1 thereof, but shall not be responsible for such defense or Toss when a particular
design, process or product of a particular manufacturer or manufacturers is required
by the contract. However, if the contractor has reason to believe that the required
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1 design, process or product is an infringement of a patent, the contractor shall be
responsible for such Toss unless such information is promptly furnished to the County
Engineer.
1 ARTICLE VIII
CONTRACT ADMINISTRATION
1
8.1 Claims by t he C ontractor
8.1.1 All contractor claims shall be initiated by written notice and claim to the
1 owner and the County Engineer. Such written notice and claim must be furnished
within three (3) days after occurrence of the event, or the first appearance of the
1 condition, giving rise to the claim.
8.1.2 Pending final resolution of any claim of the contractor, the contractor shall
1 diligently proceed with performance of this contract and the owner shall continue
to make payments to the contractor in accordance with this contract. The
resolution of any claim under this paragraph 8.1 shall be reflected by a change
1 order executed by the owner, the County Engineer and the contractor.
8.1.3 Claims for Additional Costs —If the contractor wishes to make a claim for an
1 increase in the contract price, as a condition precedent to any liability of the owner
therefor, the contractor shall give the County Engineer written notice of such claim
within three (3) days after the occurrence of the event, or the first appearance of
the condition, giving rise to such claim. Such notice shall be given by the contractor
before proceeding to execute any additional or changed work. The failure by the
1 contractor to give such notice and to give such notice prior to executing the work
shall constitute a waiver of any claim for additional compensation.
1 8.1.3.1 In connection with any claim by the contractor against the owner for
compensation in excess of the contract price, any liability of the owner for the
contractor's costs shall be strictly limited to direct costs incurred by the contractor
1 and shall in no event include indirect costs or consequential damages to the
contractor. The owner shall not be liable to the contractor for claims of third parties,
including subcontractors, unless and until liability of the contractor has been
1 established therefor in a court of competent jurisdiction.
8.1.4 Claims for Additional Time —If the contractor is delayed in progressing any
task which at the time of the delay is then critical or which during the delay
becomes critical, as the sole result of any act or neglect to act by the owner or
1 someone acting on the owner's behalf, or by changes ordered in the work, unusual
delay in transportation, unusually adverse weather conditions not reasonably
anticipatable, fire or any causes beyond the contractor's control, then the date for
1 achieving substantial completion of the work shall be extended upon the written
notice and claim of the contractor to the owner and the County Engineer, for such
reasonable time as the County Engineer may determine. Any notice and claim for
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an extension of time by the contractor shall be made not more than three (3) days
after the occurrence of the event or the first appearance of the condition giving rise
to the claim and shall set forth in detail the contractor's basis for requiring additional
1 time in which to complete the project. In the event the delay to the contractor is a
continuing one, only one notice and claim for additional time shall be necessary. If
the contractor fails to make such claim as required in this subparagraph, any claim
for an extension of time shall be waived. In no event is the contractor entitled to
additional compensation for any delay described in this paragraph 8.1.4 or other
1 paragraphs.
8.2 Field Orders
8.2.1 The County Engineer shall have authority to order minor changes in the work
not involving a change in the contract price or in contract time and not inconsistent
with the intent of the contract. Such changes shall be effected by field order and
shall be binding upon the contractor. The contractor shall carry out such field
orders promptly.
ARTICLE IX
SUBCONTRACTORS
9.1 Definition
9.1.1 A subcontractor is an entity that has a direct contract with the contractor to
1 perform a portion of the work.
9.2 Award of Subcontracts
9.2.1 Upon execution of the contract, the contractor shall furnish the owner in
writing, the names of persons or entities proposed by the contractor to act as a
subcontractor on the project. The owner shall promptly reply to the contractor, in
writing, stating any objections the owner may have to such proposed subcontractor.
The contractor shall not enter into a subcontract with a proposed subcontractor
with reference to whom the owner has made timely objection. The contractor shall
not be required to subcontract with any party to whom the contractor has
objection.
1 9.2.2 All subcontracts shall afford the contractor rights against the subcontractor
which correspond to those rights afforded to the owner against the contractor
herein, including those rights afforded to the owner by subparagraph 12.2.1 below.
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I ARTICLEX
GES IN THE WORK
10.1 Changes Permitted
10.1.1 Changes in the work within the general scope of this contract, consisting of
additions, deletions, revisions, or any combination thereof, may be ordered without
invalidating this contract, by change order or by field order.
10.1.2 Changes in the work shall be performed under applicable provisions of this
1 contract and the contractor shall proceed promptly with such changes.
10.2 Change Order Defined
10.2.1 Change order shall mean a written order to the contractor executed by the
owner and the County Engineer, issued after execution of this contract, authorizing
and directing a change in the work or an adjustment in the contract price or the
contract time, or any combination thereof. The contract price and the contract
time may be changed only by change order.
10.3 han es in the Contract g C act Price
10.3.1 Any change in the contract price resulting from a change order shall be
determined as follows: (a) by mutual agreement between the owner and the
contractor as evidenced by (1) the change in the contract price being set forth in
the change order, (2) such change in the contract price, together with any
conditions or requirements related thereof, being initialed by both parties and
(3) the contractor's execution of the change order; or (b) if no mutual agreement
occurs between the owner and the contractor, then, as provided in
subparagraph 10.3.2 below.
10.3.2 If no mutual agreement occurs between the owner and the contractor as
contemplated in subparagraph 10.3.1 above, the change in the contract price, if
any, shall then be determined by the County Engineer on the basis of the
1 reasonable expenditures or savings of those performing, deleting or revising the
work attributable to the change, including, in the case of an increase or decrease
in the contract price, an allowance for direct job site overhead of 5 %, and profit 5 %.
10.3.3 If unit prices are provided in the contract, and if the quantities contemplated
are so changed in a proposed change order that application of such unit prices to
the quantities of work proposed will cause substantial inequity to the owner or to the
contractor, the applicable unit prices shall be equitably adjusted.
10.4 Minor Changes
10.4.1 The County Engineer shall have authority to order minor changes in the work
1 not involving a change in the contract price or an extension of the contract time
and not inconsistent with the intent of this contract. Such minor changes shall be
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1 made by written field order, and shall be binding upon the owner and the
contractor. The contractor shall promptly carry out such written field orders.
10.5 Effect of Executed Change Order
10.5.1 The execution of a change order by the contractor shall constitute conclusive
evidence of the contractor's agreement to the ordered changes in the work, this
1 contract as thus amended, the contract price and the contract time. The
contractor, by executing the change order, waives and forever releases any claim
against the owner for additional time or compensation for matters relating to or
1 arising out of or resulting from the work included within or affected by the executed
change order.
1 10.6 Notice to Surety; Consent
10.6.1 The contractor shall notify and obtain the consent and approval of the
1 contractor's surety with reference to all change orders if such notice, consent or
approval is required by the contractor's surety or by law. The contractor's execution
of the change order shall constitute the contractor's warranty to the owner that the
1 surety has been notified of, and consents to, such change order and the surety shall
be conclusively deemed to have been notified of such change order and to have
expressly consented thereto.
1
ARTICLE XI
UNCOVERING AND CORRECTING WORK
11.1 Uncovering Work
1 11.1.1 If any of the work is covered contrary to the County Engineer's request or to
any provisions of this contract, it shall, if required by the County Engineer or the
owner, be uncovered for the County Engineer's inspection and shall be properly
1 replaced at the contractor's expense without change in the contract time.
11.1.2 If any of the work is covered in a manner not inconsistent with subparagraph
1 11.1.1 above, it shall, if required by the County Engineer or owner, be uncovered for
the County Engineer's inspection. If such work conforms strictly with this contract,
1 costs of uncovering and property replacement shall by change order be charged
to the owner. If such work does not strictly conform with this contract, the
contractor shall pay the costs of uncovering and proper replacement.
1 11.2 Correcting Work
11.2.1 The contractor shall immediately proceed to correct work rejected by the
1 County Engineer as defective or failing to conform to this contract. The contractor
shall pay all costs and expenses associated with correcting such rejected work,
including any additional testing and inspections.
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11.2.2 If within one (1) year after final completion of the work any of the work is
found to be defective or not in accordance with this contract, the contractor shall
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1 correct it promptly upon receipt of written notice from the owner. This obligation
shall survive final payment by the owner and termination of this contract. With
respect to work first performed and completed after substantial completion, this
1 one -year obligation to specifically correct defective and nonconforming work shall
be extended by the period of time which elapses between substantial completion
and completion of the subject work.
1
11.2.3 Nothing contained in this paragraph 11.2 shall establish any period of
limitation with respect to other obligations which the contractor has either under this
1 contract or under the laws of the State of Florida. Establishment of the one -year
time period in subparagraph 11.2.2 relates only to the duty of the contractor to
1 specifically correct the work.
11.3 Owner May Accept Defective or Nonconforming Work
1 11.3.1 If the owner chooses to accept defective or nonconforming work, the owner
may do so. In such event, the contract price shall be reduced by the greater of
(a) the reasonable cost of removing and correcting the defective or nonconforming
1 work and (b) the difference between the fair market value of the project as
constructed and the fair market value of the project had it not been constructed in
such a manner as to include defective or nonconforming work. If the remaining
portion of the unpaid contract price, if any, is insufficient to compensate the owner
for its acceptance of defective or nonconforming work, the contractor shall, upon
1 written demand from the owner, pay the owner such remaining compensation for
accepting defective or nonconforming work.
ARTICLE XII
CONTRACT TERMINATION
12.1 Termination by the Contractor
12.1.1 If the work is stopped for a period of ninety (90) days by an order of any court
or other public authority, or as a result of an act of the Government, through no fault
of the contractor or any person or entity working directly or indirectly for the
contractor, the contractor may, upon ten (10) days' written notice to the owner and
the County Engineer, terminate performance under this contract and recover from
1 the owner payment for the actual reasonable expenditures of the contractor (as
limited in Subparagraph 10.3.2 above) for all work executed and for materials,
equipment, tools, construction equipment and machinery actually purchased or
rented solely for the work, less any salvage value of
any such items.
12.1.2 If the owner shall ersist ntl
p e y or repeatedly fail to perform any material
obligation to the contractor for a period of fifteen (15) days after receiving written
1 notice from the contractor of its intent to terminate hereunder, the contractor may
terminate performance under this contract by written notice to the County Engineer
and the owner. In such event, the contractor shall be entitled to recover from the
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1 owner as though the owner had terminated the contractor's performance under
this contract for convenience pursuant to subparagraph 12.2.1 hereunder.
12.2 Termination by the Owner
12.2.1 For Convenience:
12.2.1.1 The owner may for any reason whatsoever terminate performance
1 under this contract by the contractor for convenience. The owner shall give written
notice of such termination to the contractor specifying when termination becomes
1 effective.
12.2.1.2 The contractor shall incur no further obligations in connection with the
1 work and the contractor shall stop work when such termination becomes effective.
The contractor shall also terminate outstanding orders and subcontracts. The
contractor shall settle the liabilities and claims arising out of the termination of
1 subcontracts and orders. The owner may direct the contractor to assign the
contractor's rights, title and interest under terminated orders or subcontracts to the
owner or its designee.
1
12.2.1.3 The contractor shall transfer title and deliver to the owner such
completed or partially completed work and materials, equipment, parts, fixtures,
1 information and contract rights as the contractor has.
1 12.2.1.4 (a) The contractor shall submit termination claim to the owner and
the County Engineer specifying the amounts due because of the termination for
convenience together with costs, pricing or other data required by the County
1 Engineer. If the contractor fails to file a termination claim within one (1) year from
the effective date of termination, the owner shall pay the contractor, an amount
derived in accordance with subparagraph (c) below.
1
(b) The owner and the contractor may agree to the compensation, if
any, due to the contractor hereunder.
1
(c) Absent agreement to the amount due to the contractor, the
1 owner shall pay the contractor the following amounts:
(i) Contract prices for labor, materials, equipment and other
1 services accepted under this contract;
(ii) Reasonable costs incurred in preparing to perform and in
1 performing the terminated portion of the work, and in terminating the contractor's
performance, plus a fair and reasonable allowance for overhead and profit
thereon (such profit shall not include anticipated profit or consequential damages);
1 provided however, that if it appears that the contractor would have not profited or
would have sustained a loss if the entire contract would have been completed, no
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1 profit shall be allowed or included and the amount of compensation shall be
reduced to reflect the anticipated rate of loss, if any;
1 (iii) Reasonable costs of settling and paying claims arising out
of the termination of subcontracts or orders pursuant to subparagraph 12.2.1.2 of this
paragraph. These costs shall not include amounts paid in accordance with other
1 provisions hereof.
The total sum to be paid the contractor under this subparagraph 12.2.1 shall
not exceed the total contract price as properly adjusted, shall be reduced by the
amount of payments otherwise made, and shall in no event include duplication of
1 payment.
12.2.2 For Cause:
1 12.2.2.1 If the contractor persistently or repeatedly refuses or fails to prosecute
the work in a timely manner, supply enough properly skilled workers, supervisory
personnel or proper equipment or materials, or if it fails to make prompt payment to
1 subcontractors or for materials or labor, or persistently disregards laws, ordinances,
rules, regulations or orders of any public authority having jurisdiction, or otherwise is
1 guilty of a substantial violation of a material provision of this contract, then the
owner may by written notice to the contractor, without prejudice to any other right
or remedy, terminate the employment of the contractor and take possession of the
site and of all materials, equipment, tools, construction equipment and machinery
thereon owned by the contractor and may finish the work by whatever methods it
may deem expedient. In such case, the contractor shall not be entitled to receive
any further payment until the work is finished.
12.2.2.2 If the unpaid balance of the contract price exceeds the cost of
1 finishing the work, such excess shall be paid to the contractor. If such cost exceeds
the unpaid balance, the contractor shall pay the difference to the owner. This
obligation for payment shall survive the termination of the contract.
1
12.2.2.3 In the event the employment of the contractor is terminated by the
owner for cause pursuant to subparagraph 12.2.2 and it is subsequently determined
by a Court of competent jurisdiction that such termination was without cause, such
termination shall thereupon be deemed a termination for convenience under
1 subparagraph 12.2.1 and the provisions of subparagraph 12.2.1 shall apply.
ARTICLE XIII
1 INSURANCE
13.1 The insurance required under this contract is set forth in Section 00900 of the
Project Manual.
ARTICLE XIV
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MISCELLANEOUS
14.1 Governing Law
1 14.1.1 This contract is governed by the laws of the State of Florida. Venue for any
litigation arising under this contract must be in Monroe County, Florida.
14.2 Successors and Assigns
14.2.1 The owner and contractor bind themselves, their successors, assigns and legal
1 representatives to the other party hereto and to successors, assigns and legal
representatives of such other party in respect to covenants, agreement and
obligations contained in this contract. The contractor shall not assign this contract
1 without written consent of the owner.
14.3 Public Entity Crime Statement
1 14.3.1 A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to public entity, may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a
1 contract with any public entity, and may not transact business with any public entity
in excess of the threshold amount provided in Section 287.017 of the Florida Statutes,
1 for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
1 14.4 Trench Safety
14.4.1 If applicable to the project, the contractor shall comply with all relevant
provisions of the Trench Safety Act (Secs. 553.60- 553.64, Fla. Stat.).
1 14.5 Contingency
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14.5.1 Monroe County's performance and obligation to pay under this contract is
1 contingent upon an annual appropriation by the Board of County Commissioners.
1 14.6 Effective Date
14.6.1 This contract will take effect on the date of the Notice to Proceed.
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I IN WITNESS WHEREOF, each party has caused this Agreement to be executed
duly authorized representative this day of
1999.
1
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By: By
1 Deputy Clerk Mayor /Chairman
Date
(SEAL) CONTRACTOR
Attest:
By: By:
Title: Title:
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END OF SECTION 00500
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1 SECTION 00800
SUPPLEMENTARY CONDITIONS
1
1.0 OWNER'S REPRESENTATIVE
1
The Owner's Representative during the construction period shall be the
Monroe County Engineer.
1
2.0 STANDARD DOCUMENTS
1 Construction shown on the Drawings shall conform to the related portions of
the Monroe County Public Works Manual and all applicable Federal, State,
and Local Codes and Ordinances.
3.0 PERMITS
1 All required permits have been filed by Monroe County and will be made
available to the Contractor for signature after the award of the Contract. All
1 permit fees have been waived.
4.0 PROGRESS PAYMENTS
At the discretion of the Owner, the progress of Unit Price items which are not
1 complete and accepted by the County Engineer may be assigned a value
and processed as an equal value of completed units.
5.0 NOTIFICATION TO UTILITY COMPANIES
Any excavating shall comply with Florida Statute 553.851 regarding
1 notification of existing gas and oil pipeline company owners and shall also
notify "S.U.N.S.H.I.N.E." at 1- 800 - 432 -4770 prior to the excavating. Evidence of
such notice shall be furnished to the County prior to excavating. Notice shall
1 be given to FKAA, CES (or FKEC), Southern Bell Telephone Company, TO
Cablevision, or any other utility in the area.
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END OF SECTION 00800
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1 5/20/99 SUPPLEMENTARY CONDITIONS 00800 -1
1 1996 Edition
GENERAL INSURANCE REQUIREMENTS
FOR
CONSTRUCTION CONTRACTORS AND SUBCONTRACTORS
Prior to the commencement of work governed by this contract (including the
pre- staging of personnel and material), the Contractor shall obtain, at his /her own
expense, insurance as specified in the attached schedules, which are made part of this
contract. The Contractor will also ensure that the insurance obtained will extend
protection to all Sub - Contractors engaged by the Contractor. As an alternative, the
Contractor may require all Sub - Contractors 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
1 required insurance has been furnished to the 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
1 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 of 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 the 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
1 Contractor's failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required
1 insurance, either:
- Certificate 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 of any or all
insurance policies required by this contract.
1 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.
5/20/99 SUPPLEMENTARY INSURANCE DOCUMENTS 00900 -1
1996 Edition
The acceptance and /or approval of the Contractor's insurance shall not be construed
as relieving the Contractor from any liability or obligation assumed under this contract
or imposed by law.
The Monroe Count Board of County Commissioners, its employees and officials will be
Y Y
included as "Additional Insured" on all policies, except for Workers' Compensation.
In addition, the County will be named as an Additional Insured and Loss Payee on all
policies covering County -owned property.
Any deviations from these General Insurance Requirements must be requested in writing
on the County prepared form entitled "Request for Waiver of Insurance Requirements"
' and approved by Monroe County's Risk Manager.
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1 5/20/99 SUPPLEMENTARY INSURANCE DOCUMENTS 00900 -2
1996 Edition
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an "X"
will be required in the event an award is made to your firm. Please review this form with
your insurance agent and have him /her sign it in the place provided. It is also required that
the bidder sign the form and submit it with each proposal.
1 WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
Workers' Compensation Statutory Limits
WC1 X Employers' Liability $100,000/$500,000 /$100,000
WC2 Employers' Liability $500,000/$500,000 /$500,000
WC3 Employers' Liability $ 1,000,000 /$1,000,000 /$1,000,000
WCUSLH US Longshoremen & $1,000,000 /$1,000,000 /$1,000,000
Harbor Workers Act
WCJA Federal Jones Act $1,000,000/$1,000,000 /$1,000,000
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INSCKLST
1 5/20/99 SUPPLEMENTARY INSURANCE DOCUMENTS 00900 -3
1996 Edition
1 GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
- Premises Operations - Products and Completed Operations
P P P
- Blanket Contractual - Personal Injury
- Expanded Definition
of Property Damage
Required Limits:
GL1 X $ 100,000 per Person; $300,000 per Occurrence
$ 50,000 Property Damage
or
$ 300,000 Combined Single Limit
GL2 $ 250,000 per Person; $500,000 per Occurrence
$ 50,000 Property Damage
I o r
$ 500,000 Combined Single Limit
GL3 $ 500,000 per Person; $1,000,000 per Occurrence
$ 100,000 Property Damage
or
$1,000,000 Combined Single Limit
GL4 $ 5,000,000 Combined Single Limit
Required Endorsement:
1 GLXCU Underground, Explosion and Collapse (XCU)
GLLIQ Liquor Liability
GLS Security Services
All endorsements are required to have the same limits as the basic policy.
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INSCKLST
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1 5/20/99 SUPPLEMENTARY INSURANCE DOCUMENTS 00900 -4
1 1996 Edition
I VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
1 - Owned; Nonowned; and Hired Vehicles
I Required Limits:
VL1 X $ 50,000 per Person; $100,000 per Occurrence
I $ 25,000 Property Damage
or
$ 100,000 Combined Single Limit
1 VL2 $ 100,000 per Person; $300,000 per Occurrence
$ 50,000 Property Damage
I or
$ 300,000 Combined Single Limit
I VL3 $ 500,000 per Person; $1,000,000 per Occurrence
$ 100,000 Property Damage
or
I $1,000,000 Combined Single Limit
VL4 $ 5,000,000 Combined Single Limit
1 MISCELLANEOUS COVERAGES
I BR 1 Builders' Risk Limits equal to the completed project.
MVC Motor Truck Limits equal to the maximum value of any one
Cargo shipment.
1 PRO] Professional $ 250,000 per Occurrence / $ 500,000 Agg.
PRO2 Liability $ 500,000 per Occurrence / $ 1,000,000 Agg.
I PRO3 $1,000,000 per Occurrence / $ 2,000,000 Agg.
POL1 Pollution $ 500,000 per Occurrence / $ 1,000,000 Agg.
POL2 Liability $1,000,000 per Occurrence / $ 2,000,000 Agg.
1 POL3 $5,000,000 per Occurrence / $10,000,000 Agg.
ED1 Employee $ 10,000
1 ED2 Dishonesty $ 100,000
GK1 Garage $ 300,000 ($ 25,000 per Veh.)
I GK2 Keepers $ 500,000 ($100,000 per Veh.)
GK3 $1,000,000 ($250,000 per Veh.)
1 INSCKLST
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1 5/20/99 SUPPLEMENTARY INSURANCE DOCUMENTS 00900 -5
1996 Edition
I MED 1 Medical $ 250,000/$ 750,000 Agg.
MED2 Professional $ 500,000/$ 1,000,000 Agg.
MED3 $1,000,000 /$ 3,000,000 Agg.
1 MED4 $5,000,000/$10,000,000 Agg.
I IF Installation Maximum Value of Equipment Installed Floater
VLP1 Hazardous $ 300,000 (Requires MCS -90)
VLP2 Cargo $ 500,000 (Requires MCS -90)
1 VLP3 Transporter $1,000,000 (Requires MCS -90)
BLL Bailee Liab. Maximum Value of Property
1 HKL1 Hangarkeepers $ 300,000
HKL2 Liability $ 500,000
1 HKL3 $ 1,000,000
AIR 1 Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AIR3 $50,000,000
I AEO1 Architects $ 250,000 per Occurrence /$ 500,000 Agg.
AE02 Errors & $ 500,000 per Occurrence /$1,000,000 Agg.
AEO3 Omissions $ 1,000,000 per Occurrence /$3,000,000 Agg.
1 E01 Engineers $ 250,000 per Occurrence /$ 500,000 Agg.
E02 Errors & $ 500,000 per Occurrence /$1,000,000 Agg.
1 E03 Omissions $ 1,000,000 per Occurrence /$3,000,000 Agg.
1
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1 5/20/99 SUPPLEMENTARY INSURANCE DOCUMENTS 00900 -6
1996 Edition
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
1 deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
1
1
Liability policies are Occurrence Claims Made
1
Insurance Agency Signature
1
BIDDER'S STATEMENT
1 I understand the insurance that will be mandatory if awarded the contract and will comply
in full with all the requirements.
1
Bidder Signature
1
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INSCKLST
5/20/99 SUPPLEMENTARY INSURANCE DOCUMENTS 00900 -7
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN
MONROE COUNTY, FLORIDA
AND
1
1 Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
1 In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
1 $ 100,000 Bodily Injury by Accident
$ 500,000 Bodily Injury by Disease, policy limits
1 $ 100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire terms of the contract.
Coverage shall be provided by a company or companies authorized to transact business
in the state of Florida.
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. The
1 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.
1 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
1 statements from the fund upon request from the County.
1
1
WC1
5/20/99 SUPPLEMENTARY INSURANCE DOCUMENTS 00900 -8
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN
MONROE COUNTY, FLORIDA
AND
1
1 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:
1 - Premises Operations
- Products and Completed Operations
1 - Blanket Contractual Liability
- Personal Injury Liability
- Expanded Definition of Property Damage
1 The minimum limits acceptable shall be:
1 $ 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
1 $ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy,
1 its provisions should include coverage for claims filed on or after the effective date of this
contract. In addition, the period for which claims may be reported should extend for a
minimum of twelve (12) months following the acceptance of work by the County.
1 The Monroe County Board of County Commissioners shall be named as Additional Insured
® on all policies issued to satisfy the above requirements.
■
1
GL1
5/20/99 SUPPLEMENTARY INSURANCE DOCUMENTS 00900 -9
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
1 CONTRACT:
BETWEEN
MONROE COUNTY, FLORIDA
AND
1
1 Recognizing that the work governed by this contract involves either underground
exposures, explosive activities, or the possibility of collapse of a structure, the Contractor's
General Liability Policy shall include coverage for the XCU (explosion, collapse, and
1 underground) exposures with limits of liability equal to those of the General Liability
Insurance Policy.
1
1
1
1
1
1
1
1
1
1 GLXCU
5/20/99 SUPPLEMENTARY INSURANCE DOCUMENTS 00900 -10
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
1 CONTRACT:
BETWEEN
MONROE COUNTY, FLORIDA
AND
1
1 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 Hired Vehicles
1 The minimum limits acceptable shall be:
1 $ 100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
1 $ 50,000 per Person
$ 100,000 per Occurrence
1 $ 25,000 Property Damage
1 The Monroe County Board of County Commissioners shall be named as Additional Insured
on all policies issued to satisfy the above requirements.
1
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5/20/99 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-11
1
1 SECTION 00970
PROJECT SAFETY AND HEALTH PLAN
1
1.1 REGULATIONS AND POLICIES
A. Every Contractor and Subcontractor employed on the Project shall
comply with all applicable local, State, and Federal safety and health
regulations and with Monroe County safety and health policies as
described herein.
1.2 PROJECT SAFETY AND HEALTH REQUIREMENTS
1 A. It is recognized that it is good business and evidence of competent
leadership to prevent the occurrence of incidents that lead to
occupational injuries or illnesses. Safety and health requirements on this
project include, but are not limited to, the following:
1 1. In general, this accident prevention policy is based on a sincere
desire to eliminate personal injuries, occupational illnesses, and
1 equipment and property damage; and to protect the general
public exposed to or associated with the work.
1 2. The importance of the safety of all workers on the project shall be
recognized and accident prevention shall be an integral part of
all operations.
1 Each Contractor and Subcontractor h n w
3. a C shall conduct work in a safe
and practical manner in conformance with the OSHA Safety and
' Health Regulations and the latest edition of the Manual of
Accident Prevention, Associated General Contractors of
1 America.
4. Each Contractor and Subcontractor shall observe all applicable
1 Federal, State, local and project laws and regulations pertaining
to safety and health, pollution control, water supply, fire
protection, sanitation facilities, waste disposal and other related
1 items.
5. The Mandatory Safety and Health Rules shall be posted in a
1 conspicuous location along with the OSHA and Emergency
Phone Number posters.
1 5/20/99 PROJECT SAFETY & HEALTH PLAN 00970 -1
1
6. A record of all occupational injuries and illnesses shall be
maintained. Medical and lost time cases shall be properly
recorded on the OSHA log, and reported to Monroe County. A
copy of the insurance report for workmen compensation cases
shall be provided to Monroe County.
1 7. Each Contractor and Subcontractor shall provide or arrange for
adequate first aid facilities, emergency transportation and
persons qualified in first aid.
I
8. Each Contractor and Subcontracto r shall cooperate fully with all
other contractors in their respective safety and health programs.
t
9. Good housekeeping shall be observed at all times. Waste,
debris, and garbage shall be removed daily or placed in
appropriate waste containers. All materials, tools, and
equipment shall be stored in a safe and orderly fashion. If after
1 adequate notice by the owner is given, and a particular trade
contractor does not clean up his work, the appropriate
contractors will be backcharged.
10. This project shall be a Hard Hat job and all supervisors, employees
and visitors shall be required to wear a suitable hard hat while on
the project site.
11. Other appropriate personal protective equipment shall be
provided and worn as required including but not limited to long
pants, shirts with sleeves and appropriate leather work boots.
12. Temporary construction aids such as ladders, scaffolds, stairs,
P rY
railings, etc., shall be provided to facilitate access or working
1 conditions in a manner that shall conform to the safety standards
specified by Federal, State, Local or manufacturer's
recommendations or stipulations.
13. Each Contractor and Subcontractor shall be expected to
indoctrinate his employees as to the safety and health
O requirements of this project and to enforce adherence to safe
work procedures.
14. If Monroe County notifies any Contractor of any noncompliance
with the provisions of this program, the contractor shall make all
1 reasonable efforts to immediately correct the unsafe conditions
or acts. Satisfactory corrective action shall be taken within the
specified time. If the Contractor or Subcontractor refuses to
1 5/20/99 PROJECT SAFETY & HEALTH PLAN 00970 -2
correct unsafe or unhealthy conditions or acts, Monroe County
shall take one or more of the following steps:
1 a. Cease the operation or a portion thereof.
b. Stop payment for the work being performed.
c. Correct the situation using other forces and back charge
the Contractor expenses incurred.
d. Increase withholding in proportional increments for that
1 given pay period.
15. All Contractor's Superintendents shall be required to attend and
participate in all general project safety meetings. These meetings
will be included in the weekly coordination meetings as
previously specified or on an as needed basis.
Weekly Tool Box Safety Training
All Contractors shall conduct y y g
Meetings, and shall document the minutes on the forms
1 provided. These forms are to be transmitted to Monroe County
on a weekly basis. All employees working at the project site shall
be required to attend and participate in the meetings.
17. Shortly after the award of the contract and prior to the beginning
of work, an Activity Hazard Analysis (phase plan) shall be
prepared by the contractor and submitted to Monroe County for
approval. The analysis will address the hazards for each activity
to be performed in that phase and will present the procedures
and safeguards necessary to eliminate the hazards or reduce the
risk to an acceptable level. A phase is defined as an operation
1 involving a type of work presenting hazards not experienced in
previous operations or where a new subcontractor or work crew
is to perform work. The analysis will be discussed by the
contractor and Monroe County on -site representatives at the
Preparatory Inspection Meeting. Work will not proceed on that
phase until the Activity Hazard Analysis (phase plan) has been
accepted by Monroe County.
1 18. No personal radios or stereos will be allowed on the job -site.
1.3 FIRE PROTECTION
A. Every Contractor and Subcontractor employed on the Project shall
exercise good construction practices to prevent fire. It shall be the
responsibility of the Contractor to insure that general fire protection
5/20/99 PROJECT SAFETY & HEALTH PLAN 00970 -3
facilities are adequate for his work and to provide additional fire
protection facilities and devices, including fire extinguishers as required
by their scope of work.
1.4 WORK NEAR ENERGIZED ELECTRICAL LINES OR OTHER UTILITIES
1 A. It shall be the Contractor's sole and exclusive responsibility (a) to
provide personnel capable of working adjacent to energized electrical
lines or other utilities; (b) to provide adequate, safe and properly
maintained equipment; (c) to conduct all of his work in accordance
with the safety rules and regulations prescribed by the National Electric
Code, National Electric Safety Code, H30, and Safety Rules for
Installation and Maintenance of Electrical Supply and Communication
Lines Hand Book 81, Occupational Safety and Health Act of 1970, as
well as other safety codes in effect at the site of construction and as
specified elsewhere herein, or as are generally applicable to the type
of work being performed to assure that the requirements of (a), (b), and
1 (c) above are complied with, and nothing in these Contract
Documents shall be held to mean that any such responsibility is the
obligation of the Owner of the Architect or the Construction Manager.
1.5 BARRICADES, WARNING DEVICES AND LIGHTING
1 A. The Contractor shall be solely responsible for providing temporary
ladders guard rails, warning signs, barricades, night guard lights, and
deck or floor closures required in connection with his work to comply
with Federal, State and local safety requirements. The Contractor shall
be solely and exclusively responsible for the design, construction,
1 inspection and maintenance of such facilities at all times.
B. It shall be the responsibility of the Contractor to provide additional
1 temporary lighting, if needed to maintain safe conditions.
C. It shall be the sole and exclusive responsibility of the Contractor to
provide a safe place to work for all laborers and mechanics and other
persons employed on or in connection with the project, and nothing in
these Contract Documents shall be construed to give any of such
responsibility to the Owner, the Architect, or the Construction Manger.
1
1 END OF SECTION 00970
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1 5/20/99 PROJECT SAFETY & HEALTH PLAN 00970 -4
SECTION 00980
CONTRACTOR QUALITY CONTROL PLAN
1.1 ENGINEERING DUTIES AND RESPONSIBILITIES
A. The Project Engineer will monitor all work performed by the Contractor
and assist the Contractor with his conformance of the work to the
Contract Drawings.
1 1.2 CONTRACTOR'S CONTRACTOR S DUTIES AND RESPONSIBILITIES
A. The Contractor is responsible for the quality of the work performed by
his work force on this project as well as the quality of the material,
1 equipment and supplies furnished by him to be incorporated into the
work.
B. The Contractor will designate a Quality Control Representative who will
be on site at all times while the respective Contractor's work is in
progress and will have the authority and responsibility to accept or
reject items of work. The Contractor's Quality Control Representative
may delegate his duties but the primary responsibility and authority will
rest on him.
C. The Contractor's Quality Control Representative will coordinate the
submittal of all shop drawings, product data and samples to the County
Engineer. Any submittal that is at variance to the contract requirements
must be identified as such and submitted to the Project Engineer for
approval. No work requiring submittal of a shop drawing product data
or sample shall commence until the submittal has been reviewed and
approved by the County Engineer.
D. The Contractor will bear the responsibility po sibility of scheduling all required
testing and inspections by the designated material- testing laboratory, in
1 a timely fashion, to prevent needless cancellations and delays of work
activities. Any costs caused by untimely notification shall be borne by
the Contractor.
E. The Contractor's Quality Control Representative will review his drawings,
procurement documents and contracts to insure that the technical
information provided and all work performed is in accordance with the
latest revisions of the Contract Drawings.
1 5/20/99 CONTRACTOR QUALITY CONTROL PLAN 00980 -1
1
F. The Contractor's Quality Control Representative will perform an
inspection upon receipt at the site of the work of all materials,
equipment and supplies including those furnished to him by the Owner.
1 Notes from this inspection will be filled out on the appropriate form and
included with the Contractor Daily Quality Control Report. Items which
are damaged or not in conformance with the respective submittals,
quality standards, contract drawings shall be brought to the attention of
the Monroe County representative on site and then will be identified
and segregated from accepted items. Items thus identified will not be
incorporated into the work until corrective action acceptable to
County Engineer is completed.
1 1.3 INSPECTION AND TESTING
A. INSPECTION PLAN
Engineering utilizes a multi -point inspection plan for each separate
feature of work to be performed under this Contract. This plan consists
of the following:
1 1. Preparatory Inspection - Prior to commencing the work, the
Contractor's Quality Control Representative will meet with the
Project Engineer or their designee to attend and check the
following items at a minimum for conformance:
a. Approval of shop drawings and submittals.
b. Approval of inspection and test reports of materials and
equipment to be utilized.
c. Completion of previous operations of preliminary work.
d. Availability of materials and equipment required.
e. Potential utility outages.
f. Any other preparatory steps dependent upon the
particular operation.
1 g. Quality standards.
h. Safety or environmental precautions to be observed.
(Phase Hazard)
Note: Project Engineer will record the minutes to this inspection
meeting and distribute accordingly.
5/20/99 CONTRACTOR QUALITY CONTROL PLAN 00980 -2
3
2. Initial Inspection - Upon completion of a representative sample of
P P P P P
a given feature of the work, the Contractor's Quality Control
Representative will meet with the Project Engineer and check the
following items at a minimum for conformance:
a. Workmanship to established quality standards.
b. Configuration to contract drawings.
c. Construction methods, equipment and tools utilized.
1 d. Materials and articles utilized.
e. Adequacy of testing methods.
f. Adequacy of shop drawings.
g. Adequacy of safety or environmental precautions.
1 Note: Project Engineer will record the minutes to this inspection
meeting and distribute accordingly.
1 3. Follow -up Inspections - The Contractor's Quality Control
Representative will inspect the work daily to assure the continuing
conformance of the work to the workmanship standards
established during the preparatory and initial inspections.
Additionally, as a part of the follow -up inspection, sign -off sheets
will be utilized as often as possible. The intent of these sheets is to
achieve concurrence from other trade contractors and
1 responsible parties that ensuing work can indeed commence
over underlying work. This will prevent oversights and omissions
which could elevate costs. Sign -off sheets shall be used for , but
not be limited to, concrete, drywall, ceilings, painting, roofing
substrates and flooring. These reports are to be generated by the
I Contractor and submitted to the Project Engineer for approval
prior to the start -up of work.
1 Failure to generate a sign -off sheet or to attain proper signatures
prior to covering up underlying work may affect payment for that
piece of work if ensuing problems are detected or not. This
disciplinary action shall be carried out via the Nonconformance
Report. (See Section 1.4.B of this plan).
5/20/99 CONTRACTOR QUALITY CONTROL PLAN 00980 -3
Note: The Contractor shall be responsible to record these
inspections and all other project related activities encountered
throughout the day on the Contractor Daily Quality Control
Report.
4. Completion Inspections - Upon completion of a given feature of
the work, the Contractor's Quality Control Representative will
meet with the Project Engineer to perform an inspection of the
completed work. Nonconforming items will be identified and
corrected prior to commencement of the next operation.
Note: The Contractor Shall conduct and report corrections of this
inspection which shall be a required submittal.
5. Follow -Up Inspections - Upon execution of the contractor's
completion inspection in elements of the work which result in
concealment; such as, ceiling and drywall installations, the
1 Contractor shall schedule and conduct multi -trade or singular
inspections prior to covering installation.
Note: Project Engineer will record the minutes to this inspection
meeting.
1 6. Pre -Final Inspection - Upon substantial completion of the project
work Project Engineer shall coordinate and conduct a universal
inspection of all areas and elements of the work. This inspection
shall be completed at least fifteen (15) days prior to the final
substantial completion inspection which shall be conducted by
1 the Architect /Engineer. All deficiencies and incomplete work
should be completed prior to the final substantial completion
inspection.
B. OPERATION AND CHECK OUT TESTING
1 The Contractor will provide personnel and equipment to perform the
operational tests and check -out of the equipment, facilities or
equipment constructed, fabricated or installed under this Contract. The
Project Engineer will coordinate and witness all such tests. Notification
should be given at least ten (10) days in advance of the scheduled
1 tests.
C. FINAL INSPECTION
Engineering will coordinate and attend all final inspections of the work
by the Contractor. Prior to requesting a final inspection, all tests for the
equipment and systems must be completed.
1 5/20/99 CONTRACTOR QUALITY CONTROL PLAN 00980 -4
See Section 01700 for contract close -out.
1.4 REPORTING
Maintaining accurate and retrievable records is extremely important in the
Quality Assurance Program. These records will act as a main source of
information in the present and in the future for the entire project management
team. The main report that will be utilized to provide this information is the
Daily Quality Control Report. Nonconformance Reports may also be issued.
A. DAILY QUALITY CONTROL REPORT
The Daily Quality Control Report shall be used to document the
summary of daily inspection activities performed by the Contractor's
designated Quality Control Representative. It shall include any of the
steps of inspection that are performed that day, all test monitoring and
1 any rework of nonconforming items. The daily Quality Control Report
section of the Daily Superintendent's Report will be routinely used for
daily reporting requirements. When the magnitude or complexity
necessitates such, a more separate and comprehensive form will be
used. Reference Contractor's Daily Report, and as needed Contractor
1 Daily Quality Control Report, Section 01385.
B. NONCONFORMANCE REPORT
1 Nonconformance Reports will be issued for work that is found to be in
nonconformance with the contract documents or the referenced
1 quality standards. The report will be issued by Engineering.
It is not the intent to routinely and repeatedly issue nonconformance
1 reports, but to issue them only after normal enforcement standards
have been exhausted, or if the work performed is a detriment to the
project.
i
A copy of the Nonconformance Report will be forwarded to the Site
Project Manager for his information and /or action. It should also be
included in the Contractor's Daily Construction Report package for
general review.
Nonconformance Reports will be signed off once the deficient item or
items have adequately been corrected. This will be done by the issuing
Superintendent and Project Manager. These sign -offs will be included
with a corresponding corrective action taken. Significant
nonconformance need to be addressed to prevent recurrence. The
signed -off report will also be submitted for review.
1 5/20/99 CONTRACTOR QUALITY CONTROL PLAN 00980 -5
Work activities affected by a Nonconformance Report will
proportionally counteraffect payments. Whether that be partial or full
retainage will be left up to the discretion of Project Engineer.
1.5 AUDITS
A. Engineering may choose at its option to perform Contractor audits of
their Contractor Quality Control Plan at any time. Reports of these audit
results will be forwarded to the Project Manager for his action. Any
action items noted during an audit for the Contractor will be followed
up and documented to insure compliance and avoid recurrence.
1.6 SUMMARY
The intention of this Y
lan is to create a system of checks and balances that will
P
minimize delays caused by rework and a lack of planning and maximize
production and insure that the finished product is one that the entire
construction team can pride themselves in. These goals can be achieved by
giving the Owner exactly what he has bought. The Owner will expect no
more and through Quality Assurance, the construction team will provide no
less.
END OF SECTION 00980
1
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1 5/20/99 CONTRACTOR QUALITY CONTROL PLAN 00980 -6
1
1 SECTION 01000
SPECIAL CONDITIONS
1.1 SCOPE
A. The Project consists of hurricane repair to No Name Key Bridge as indicated
on the attached drawings, and other related work as identified in Section
00300.
1.2 STANDARD DOCUMENTS
A. Construction shown on the Drawings shall conform to the technical
portions of the most recently published edition of Florida D.O.T.
Standard Specifications for Roadway Construction, and all appropriate
portions of the Monroe County Public Works Manual, except when
otherwise indicated hereinafter.
1.3 LAYING OUT THE WORK
A. The Contractor shall be responsible for establishing all lines and grades
together with all reference points as required by the various trades for
all work under this Contract.
B. The Contractor shall provide all labor and instruments and all stakes,
1 templates, and other materials necessary for marking and maintaining
all lines and grades. The lines and grades shall be subject to any
checking the County Engineer may decide necessary.
C. No separate cost item is provided for laying out the work, the cost of
1 which shall be included in the unit prices for items in the bid.
1.4 CONTRACTOR'S OFFICE
The Contractor provide e Con actor shall pro ide and maintain an office with telephone
facilities where he or a responsible representative of his organization
may be reached at any time while work is in progress. Such office may
be at any location the Contractor considers desirable within Monroe or
1 Dade County.
1.5 CARE OF TREES, SHRUBS AND GRASS
A. The Contractor shall be fully responsible for maintaining in good condition all
cultivated grass plots, trees and shrubs inside the County and D.O.T.
right -of -way. Where maintained shrubbery, grass strips or area within the
right -of -way must be removed or destroyed incident to the construction
1 5/20/99 SPECIAL CONDITIONS 01000 -1
1
1 operation, the Contractor, after completion of the work, must replace or
restore to the original condition all destroyed or damaged shrubbery, grass
areas or pearock areas. He must, however, leave the area in a clean and
1 workmanship condition. Tree limbs which interfere with equipment operation
and are approved for pruning shall be neatly trimmed and the tree cut
coated with a tree paint. Care of trees, shrubs and grass shall be considered
1 incidental & cost shall be included in the bid price of the items listed in the
bid.
1 1.6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES
1 A. The Contractor shall be responsible for and make good all damage to
pavement beyond the limits of this Contract, buildings, telephone or other
cables, water pipes, sanitary pipes, or other structures which may be
1 encountered, whether or not shown on the Drawings.
B. Information shown on the Drawings as to the location of existing utilities has
been prepared by the most reliable data available to the Engineer. This
information is not guaranteed, however, and it shall be this Contractor's
responsibility to determine the location, character and depth of any
1 existing utilities. He shall assist the utility companies, by every means
possible to determine said locations. Extreme caution shall be exercised to
1 eliminate any possibility of any damage to said locations. Extreme caution
shall be exercised to eliminate any possibility of any damage to utilities
resulting from his activities.
1 t
C. All existing utility castings, including valve boxes, junction boxes, manholes,
hand holes, pull boxes, inlets and similar structures in the areas of
1 construction that are to remain in service shall be adjusted by the
Contractor or if by mutual agreement, the utility Owner prior to the
installation of the asphaltic concrete surface course, to bring them flush
1 with the surface of the finished work. It is the intent that the asphalt
concrete surface course shall extend to the edge of the utility castings, the
use of concrete as the surface course is not acceptable. Adjustment of
1 utility castings to grade shall be considered incidental and shall be
included in the cost of the items listed in the proposal.
1 1.7 TESTS
1 A. The Contractor will pay for all required tests, including those proving
satisfactory operation of equipment. On asphaltic concrete the
manufacturer's supplier's certificate that the material meets the
1 requirements of the specification will be accepted subject to
verification by the County Engineer. The Contractor shall engage the
services of a qualified independent testing laboratory, who shall
perform all required tests. Copies of said test results shall be forwarded
1 5/20/99 SPECIAL CONDITIONS 01000 -2
1
1 to the County Engineer and the Contractor. Any and all tests which
have to be repeated because of the failure of the tested material to
meet specifications shall also be paid for by the Contractor at no
additional cost to the Owner. No additional compensation will be
made for excess thickness of the asphalt concrete surface course but a
price differential will be assessed for any thickness Tess than that shown
on the plans.
1.8 RECORD DRAWINGS
t
A. Record Drawings will not be required for this project.
1 1.9 SUBSURFACE INVESTIGATION
A. The Contractor shall be responsible for having determined to his
satisfaction, prior to the submission of his bid, the nature & location of
the work, the conformation of the ground, the character and quality of
1 the substrata, the types and quantity of materials to be encountered,
the nature of the ground water conditions, the character of equipment
and facilities needed preliminary to and during the execution of the
work, the general and local conditions and all other matters which can
in any way affect the work under this contract. The prices established
for the work to be done will reflect all costs pertaining to the work. Any
claims for extras based on substrata or ground water table conditions
will not be allowed.
1.10 MAINTENANCE OF TRAFFIC
1 A. The Contractor shall be responsible for the proper maintenance control
and detour of traffic in the area of construction, during the course of
construction. All traffic control and maintenance procedures shall be in
accordance with the requirements of either the Florida D.O.T. or
Monroe County, within their respective areas of jurisdiction. It shall be
the Contractor's responsibility, as Bidder, prior to submitting his Bid, to
determine the requirements of these agencies so that his Proposal
reflects all costs to be incurred. No claims for additional payment will
be considered for costs incurred in providing the proper maintenance,
control, detour and protection of traffic.
1 B. Traffic shall be maintained at all times where practical and as more
particularly specified hereinafter. No traffic shall be detoured without
prior knowledge and approval of the traffic control agency having
jurisdiction. The Contractor shall notify such agencies 48 hours in
advance of such time he proposes to detour traffic.
5/20/99 SPECIAL CONDITIONS 01000 -3
1
1 C. The Contractor shall keep all law enforcement, fire protection and
ambulance agencies informed, in advance, of his construction
schedules, and shall notify all such agencies 48 hours in advance, in the
1 event of detour of any roadway.
D. All traffic control signs and devices, barricades, flashers, flambeaus and
1 similar devices shall be furnished and maintained by the Contractor.
E. Construction shall be conducted in such a manner to cause the least
1 possible interruption to traffic. Necessary access to and from adjacent
properties shall be provided at all times.
1 1.11 BARRICADES AND PROTECTION OF WORK
1 A. The Contractor shall protect his work throughout its length by the
erection of suitable barricades, where required. He shall further
indicate his work at night by the maintenance of suitable lights or flares.
He shall comply with all laws or ordinances covering the protection of
such work and the safety measures to be employed therein. The
Contractor shall carry out his work so as not to deny access to private
property. All utility access manholes, valves, fire hydrants, and letter
boxes shall be kept accessible at all times.
1 1.12 EXTRA NON - CONTRACT WORK
1 A. The Contractor may at his option contract with private owners along
the construction route for additional pavement work such as driveways,
parking areas, etc., as long as it is understood by both the Contractor
1 and the private party that this work must be permitted by the proper
County Authority in accordance with the existing County Ordinances,
and has no connection with the Owner and the Owner has and will
1 assume no responsibility for work performed on said private property.
The Contractor should understand that the execution of this contract
1 takes precedence over any other private works.
1.13 ENVIRONMENTAL CONCERNS
A. The contractor shall be responsible for providing appropriate
P P 9
environmental protection turbidity screens, hay bales, etc..
1
END OF SECTION 01000
1 5/20/99 SPECIAL CONDITIONS 01000 -4
1
1 SECTION 01015
CONTRACTOR'S USE OF THE PREMISES
1
PART 1 - GENERAL
1.1 DESCRIPTION
A. Work included: This Section applies to situations in which the
1 Contractor or his representatives including, but not necessarily limited
to, suppliers, subcontractors, employees, and field engineers, enter
1 upon the Owner's property.
B. Related work:
1. Documents affecting work of this Section include, but are not
necessarily limited to, General Conditions, Supplementary
1 Conditions, and Sections in Division 1 of these Specifications.
1 1.2 QUALITY ASSURANCE
A. Promptly upon award of the Contract, notify all pertinent personnel
regarding requirements of this Section.
B. Require that all personnel who will enter upon the Owner's property
1 certify their awareness of and familiarity with the requirements of this
Section.
1 1.3 TRANSPORTATION FACILITIES
A. Truck and equipment access:
1 To avoid traffic conflict with vehicles of the Owner's employees and the
general public, and to avoid overloading of streets and driveways
elsewhere on or adjacent to the Owner's property, limit the access of
1 trucks and equipment to the route shown on the Drawings as "Access
Route ", or other access as approved by the Architect.
B. Provide adequate protection for curbs and sidewalks over which p ch trucks
and equipment pass to reach the job site.
1 C. Contractor's vehicles:
1 1. Require Contractor's vehicles, vehicles belonging to employees
of the Contractor, and all other vehicles entering upon the
Owner's property in performance of the Work of the Contract, to
1 use only the Access Route shown on the Drawings.
1 5/20/99 CONTRACTOR'S USE OF THE PREMISES 01015 -1
1
2. Do not permit such vehicles to park on any street or other area of the
Owner's property except in the area shown on the Drawings as
1 "Contractor's Parking Area."
1.4 SECURITY
1
A. Restrict the access of all persons entering upon the Owner's property in
1 connection with the Work to the Access Route and to the actual site of
the Work.
1
END OF SECTION 01015
1
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1 5/20/99 CONTRACTOR'S USE OF THE PREMISES 01015 -2
1
1 SECTION 01025
MEASUREMENT AND PAYMENT
1.0 GENERAL
A. The Contractor shall receive and accept the compensation provided in
the Proposal and the Contract as full payment for furnishing all
materials, labor, tools and equipment, for performing all operations
necessary to complete the work under the Contract, and also in full
payment for all loss or damages arising from the nature of the work, or
from any discrepancy between the actual quantities of work and
quantities herein estimated by the Engineer, or from the action of the
elements or from any unforeseen difficulties which may be
encountered during the prosecution of the work until final acceptance
1 by the Owner.
B. The prices stated in the proposal include all costs and expenses for
1 taxes, labor, equipment, materials, commissions, transportation charges
and expenses, patent fees and royalties, labor for handling materials
during inspection, together with any and all other costs and expenses
for performing and completing the work as shown on the plans and
specified herein. The basis of payment for an item at the unit price
shown in the proposal shall be in accordance with the description of
1 that item in this Section.
C. The Contractor's attention is again called to the fact that the,
quotations for the various items of work are intended to establish a total
price for completing the work in its entirety. Should the Contractor feel
that the cost for any item of work has not been established by the Bid
Form or Payment Items, he shall include the cost for that work in some
other applicable bid item, so that his proposal for the project does
reflect his total price for completing the work in its entirety.
2.0 MEASUREMENT
1 A. The uantities for payment under this Contract p y s Co r tact shall be determined for
those completed items, in place, ready for service and accepted by
1 the Owner, in accordance with the applicable method of
measurement therefore contained herein. A representative of the
Contractor shall witness any field measurements.
1 5/20/99 MEASUREMENT AND PAYMENT 01025 -1
1
3.0 PAYMENT ITEMS
Item 1 Repair Hurricane Damage
1
a. Measurement and payment of individual items for
Repairing Hurricane Damage will not be made, rather all
1 items shall be included in the lump sum price.
b. Payment for Repairing Hurricane Damage will be made at
1 the Contract lump sum price, which price and payment
shall be full compensation for Repairing Hurricane Damage
1 and offsite disposal of materials as called for in the
Specifications and shown on the Drawings.
1
1 END OF SECTION 01025
1
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1 5/20/99 MEASUREMENT AND PAYMENT 01025 -2
1
SECTION 01027
APPLICATION FOR PAYMENT
1.1 SUMMARY
A. This section provides procedures for preparation and submittal of
' Applications for Payment.
1.2 FORMAT
A. The Application and Certificate for Payment including the Worksheet is
pp Y 9
the required format for submitting invoices. A copy of these forms are
1 included in this section. Also, the Contractor's Affidavit of Payment of
Debits And Claims form used for final payment is included. The Owner
reserves the right to modify the format to better suit his internal
1 accounting system.
1.3 PREPARATION OF APPLICATIONS
A. The Contractor is required to adhere to the following procedure for
filling -out the Application for Payment form.
1. Present required information in typewritten form.
2. List Contractor's schedule of values clues on the Application for
Payment form identifying the progress, retention, and payment
1 amounts for each item as indicated on the form.
3. List each authorized Change Order on the form, including
change order number, date, change in dollar amount, and
change in time amount, etc. as required.
4. Execute certification by signature si nature of authorized officer.
1 5. Attach to the Application for Payment, a completed and
properly executed Affidavit and Partial Release of Lien form also
contained in this section.
1.4 SUBMITTAL PROCEDURES
1 A. Initial Payment Application:
The following documentation must be submitted prior to processing the
initial payment application:
1 5/20/99 APPLICATION FOR PAYMENT 01027 -1
1. Approved schedule of values
1 2. Approved construction schedule
3. Approved submittal schedule
B. The initial Application for Payment will not be processed until the
Contractor's construction schedule, the schedule of values, and the
initial submittal schedule have been received, reviewed and approved
by the Owner's Representative.
C. Submit an updated construction and submittal schedule and a partial
release of lien with each Application for Payment.
D. Payment Period: Submit once per month, during the last week of the
month. Payment will be made by the Owner approximately 30 days
1 after receipt of completed documentation.
E. Submit one (1) copy of each Application for Payment.
1.5 SUBSTANTIATING DATA
A. When the Owner's Representative requires substantiating information,
submit data justifying dollar amounts in question.
B. Provide one copy of data with cover letter for each copy of submittal.
pY PY
Indicate Application number and date, and line item by number and
1 description.
1.6 FINAL PAY REQUEST
A. When the work has been completed, the Contractor shall; submit a
final application for payment, execute a Final Release of Lien and an
Affidavit declaring that all bills have been paid in full, submit Consent of
Surety to Final Payment form and submit the Contractor's Affidavit Of
1 Payment Of Debts And Claims form as contained in this Section.
B. These documents will be furnished to the Owner on a form similar to
1 those supplied.
1
1 5/20/99 APPLICATION FOR PAYMENT 01027 -2
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1 5/20/99 APPLICATION FOR PAYMENT 01027 -4
•
1
MONROE COUNTY
1 AFFIDAVIT AND PARTIAL RELEASE OF LIEN
1 APPLICATION NO.: PERIOD ENDING DATE: APPLICATION DATE:
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the payment of
the sum $ , to be paid to the undersigned, hereby releases, acquits, satisfies and
1 forever discharges, MONROE COUNTY, OWNER, their successors and assigns from all suits, causes of
action, liens, lien rights, claims or demands of any kind whatsoever, to the extent of the payment to
date on account of the furnishing of labor, material or services for the improvement of the following
1 described property:
As part of this PARTIAL RELEASE, THAT UNDERSIGNED HEREBY CERTIFIES the following:
1 THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the amount
of $ , as of the date of the Partial Release and the undersigned has received
$ as payment on the adjusted contract amount as of the date of this Partial
1 Release.
THAT all supplies of labor, material or services furnished to, or for the benefit of the undersigned for
1 improvement to the subject property have been paid in full. Any and all suppliers of labor, material
or services for improvement to the subject property, who have not been paid in full are listed below
with the amount owing each, claimed by each and the reason for non - payment: (If none, write
1 "NONE')
CLAIMANT AMOUNT DUE AMOUNT CLAIMED REASON FOR NONPAYMENT
1
THAT all taxes imposed by all government agencies have been paid and discharged.
1 THAT all funds have been collected for FICA and withholding taxes have been properly deposited
with appropriate agencies or paid to the government as required by law.
THAT the undersigned has no other claims for money against the OWNER other than those
Subcontractors' /Suppliers' amounts remaining due and owing on the adjusted contract balance as
1 reflected above.
THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance
Agreement in connection with the labor and material furnished by it, that this payment and PARTIAL
1 RELEASE shall not release the undersigned from any obligations under such Guarantee, Warranty, or
Maintenance Agreement.
1 WITNESS MY HAND THIS day of , 19
1 Witness Name of Company
Witness Signature, Title
1
5/20/99 APPLICATION FOR PAYMENT 01027 -5
1
MONROE COUNTY
1 FINAL RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS, that
1
1 for and consideration of the sum of
Dollars ($
1 paid to
by Monroe County, Florida receipt of which is hereby acknowledged, do(es) hereby
1 release and quit claim to Monroe County, Florida, the Owner, its successors or assigns, all
liens, lien rights, claims or demands of any kind whatsoever which
1 has (have) or might have against the property, building, and /or improvements, on
account of labor performed, material furnished, and /or for any incidental expense for the
construction of:
1
thereon or in otherwise improving said property situated as above described.
IN WITNESS WHEREOF THIS day of , 19
1 Witness Name of Company
1 Witness Signature, Title
1 Notary Public
My commission expires:
1 5/20/99 APPLICATION FOR PAYMENT 01027 -6
1
CONSENT OF SURETY COMPANY
1 TO FINAL PAYMENT
1 PROJECT:
(Address)
1 TO: (Owner)
CONTRACTOR:
1 In accordance with the provisions of the Contract between the Owner and the Contractor
as indicated above, the (here insert name and address of Surety Company)
1 , SURETY COMPANY, on bond of
1 (here insert name and address of Contractor)
CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that
final payment to the Contractor shall not relieve the Surety Company of any of its
1 obligation to
(here insert name and address of Owner)
1
OWNER, as set forth in the said Surety Company's O Y 's bond. P Y
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of
19
1
Surety Company
Signature of Authorized Representative
Title
1
1
5/20/99 APPLICATION FOR PAYMENT 01027 -7
1
,
1
CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS
I TO OWNER: CONTRACT FOR:
(Name and address) CONTRACT DATE:
1
1
I PROJECT:
(Name and address)
1
State of:
County of:
I The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction,
AIA Document A201, hereby certifies that, except as fisted below, he has paid in full or has
otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and
I services performed, and for al known indebtedness and claims against the Contractor for
damages arising in any manner in connection with the performance of the Contract referenced
above for which the Owner or his property might in any way be held responsible.
I EXCEPTIONS: (If none, write "None ". If required by the Owner, the Contractor shall furnish bond
satisfactory to the Owner for each exception).
I SUPPORTING DOCUMENTS ATTACHED
HERETO: CONTRACTOR:
I 1. Consent of Surety to Final
Payment. Whenever Surety is
involved, Consent of Surety is Address:
required. AIA DOCUMENT G707,
I CONSENT OF SURETY, may be used
for this purpose. Indicate
attachment: yes ( ) no ( ) By:
I The folbwing supporting documents shouki
be attached hereto if required by the Subscribed and sworn to before me this
Owner: day of
, 19
1. Contractor's Release or Wdver of
I Liens, conditional upon receipt of
final payment.
Notary Public:
2. Separate Releases or Waivers of
I Liens from Subcontractors and
material and equipment suppliers,
to the extent required by the
Owner, accompanied by a fist
I thereof.
My Commission Expires:
3. Contractor's Affidavit or Release
of Liens (AIA DOCUMENT G706A).
1 5/20/99 APPLICATION FOR PAYMENT 01027 -8
i
1 ,
1
CERTIFICATE OF SUBSTANTIAL COMPLETION
I
PROJECT: CONTRACT FOR:
(Name and address) CONTRACT DATE:
1
TO OWNER: TO CONTRACTOR:
1 (Name and address) (Name and address)
DATE OF ISSUANCE:
I PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
I The Work performed under this Contract has been reviewed and found, to the Architect's best
knowledge, information and belief, to be substantially complete. Substantial Completion is the
stage in the progress of the Work when the Work or designated portion thereof is sufficiently
complete in accordance with the Contract Documents so the Owner can occupy or utilize the
I Work for its intended use. The date of Substantial Completion of the Project or portion thereof
designated above is hereby established as
I which is also the date of commencement of applicable warranties required by the Contract
Documents, except as stated bebw:
1
A list of items to be completed or corrected is attached hereto. The failure to include any items on
such fist does not alter the responsibility of the Contractor to complete all Work in accordance
1 with the Contract Documents.
ARCHITECT BY DATE
I The Contractor will complete or correct the Work on the list of items attached hereto within the
above date of Substantial Completion.
CONTRACTOR BY DATE
I The Owner accepts the Work or designated portion thereof as substantially complete and will
assume full possession thereof at (time), on
(date).
1 OWNER BY DATE
I The responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities,
damage to the Work and insurance shall be
as follows:
1 Note - Owners and Contractors legal and insurance counsel should determine and review
insurance requirements and coverage.
1 5/20/99 APPLICATION FOR PAYMENT 01027 -9
1
1
1
1 END OF SECTION 01027
1
1
1
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1 5/20/99 APPLICATION FOR PAYMENT 01027 -10
1
1 SECTION 01370
SCHEDULE OF VALUES
1 PART 1 - GENERAL
1 1.1 DESCRIPTION
A. Work included: Provide a detailed breakdown of the agreed Contract
1 Sum showing values allocated to each of the various parts of the Work,
as Specified herein and in other provisions of the Contract Documents.
1 B. Related work:
1 1. Documents affecting work of the Section include, but are not
necessarily limited to Supplementary Conditions, and Sections in
Division 1 of these Specifications.
1
2. Schedule of values is required.
1 3. Schedule of values is required to be compatible with the "work
sheet" accompanying applications for payment, as described in
Section 01027.
1
1.2 QUALITY ASSURANCE
1 A. Use required means to assure mathematical accuracy of the sums
described.
B. When so required by the Owner, provide copies of the subcontracts or
other data acceptable to the Owner, substantiating the sum described.
1.3 SUBMITTALS
1 A. Prior to first application for payment, submit a proposed schedule of
values to the Owner.
1 1. Meet with the Owner and determine additional data, if any,
required to be submitted.
2. Secure the Owner's approval of the schedule of values prior to
pp P
submitting first applications for payment.
1 END OF SECTION 01370
1 5/20/99 SCHEDULE OF VALUES 01370 -1
1
SECTION 01400
ENVIRONMENTAL PROTECTION
1
PART 1 - GENERAL
1
1.1 SCOPE
The scope of this Section consist of providing and maintaining environmental
protection during all phases of the construction of the culverts and the compliance
of operations with all Federal, State, and local regulations and permit requirements
1 pertaining to the prevention and control of pollution.
1.2 ENVIRONMENTAL PROTECTION PLAN
The Contractor shall be responsible for the preparation and submission of an
1 environmental protection plan. After the contract is awarded and prior to
commencement of any work, the Contractor shall meet with the County Engineer,
or his representative, and discuss the proposed environmental protection plan. The
1 meeting shall develop mutual understanding relative to details of environmental
protection, including the Contractor's plan for erosion and turbidity control, plan for
the stock piling and disposal of excavated material, required reports and measures
1 to be taken should the Contractor fail to provide protection in adequate and timely
manner. The Contractor shall submit for approval the proposed environmental
1 protection plan not more than 14 days after the meeting. In case of repeated
failures on the part of the Contractor to comply with the environmental protection
plan or control pollution, the right is reserved to the County Engineer to employ
1 outside assistance to provide the necessary corrective measures. Such incurred
cost, plus engineering costs, will be charged to the Contractor and appropriate
deductions made from the Contractor's Final Payment.
1.3 APPLICABLE PUBLICATIONS
1 In order to prevent and to provide control of any environmental pollution arising
from the construction activities in the performance of this contract, the Contractor
shall comply with all applicable Federal, State, and local laws and regulations
concerning environmental pollution control and all applicable provisions of the
Corps of Engineers Manual, EM 385 -1 -1, entitled "General Safety Requirements ", in
effect on the date of solicitation, as well as the specification, including the permit
requirements of all regulatory agencies.
1 1.4 PROTECTION of WATER RESOURCES
It is intended that the natural resources outside the limits of permanent work
1 performed under the contract be preserved in their existing condition. The
5/20/99 ENVIRONMENTAL PROTECTION 01400 -1
}
1
Contractor shall confine all activities to areas defined by the drawings and /or
contract documents. The Contractor shall not discharge or permit the discharge
into waters of any fuels, oils, bitumen, garbage, sewage, or other materials that may
be detrimental to outdoor recreation. All work shall be performed in such a manner
that objectionable conditions will not be created in waters through or adjacent to
the project area. If a violation is noted during construction, all work shall cease
until the condition is corrected by the Contractor.
The Contractor shall exercise extreme care to minimize degradation of the water
1 quality at the site. All necessary provisions shall be take to ensure compliance with
the water quality standards of the State of Florida. Attention is called to Chapter 62-
302, Florida Administrative Code and in particular, the requirements that turbidity
1 shall not exceed 29 Nephelometric Turbidity Unit's (NTU's) above background level
and also shall not degrade existing ambient water quality. Adequate silt
containment procedures and equipment shall be used as necessary to control
turbidity within State standards.
When required by any government agency, the Contractor shall make water
quality measurements and submit results to the Agency and County Engineer to
assure construction operations are in compliance with the standards of 62 -302,
1 F.A.C. All water quality measurements shall confirm to the test methods specified in
Chapter 40, Part 136 of the Code of Federal Regulations.
1.5 TURBIDITY CONTROL
The Contractor shall employ adequate silt containment equipment and /or
1 procedures during excavation and construction to control turbidity of the adjacent
waters to within the limits required by Federal, State and local laws and /or permit
1 requirements.
The Contractor shall furnish all labor and materials and perform all operations
1 necessary for the installation and maintenance of a silt barrier around the area of
construction including the removal of the barrier upon completion of the project.
1 The barrier shall consists of an accepted turbidity curtain that shall have the
capability of controlling turbidity of a minimum depth of eight (8) feet. The curtain
shall have built in or attached floats that will enable the top border to float six (6)
inches above the water surface. The curtain shall contain sufficient weight along the
bottom to maintain the border securely on the canal bottom.
The barrier shall remain in lace following completion of construction until the
P g com p
quality of the water within the confined area conforms to that of the adjacent
1 water.
5/20/99 ENVIRONMENTAL PROTECTION 01400 -2
1
1.6 FISH & WILDLIFE RESOURCES
The Contractor shall at all times perform all work and take such steps required to
® prevent any interference or disturbance to fish and wildlife. The Contractor shall not
■ be permitted to significantly disturb native habitat adjacent to the project area that
are critical to fish and wildlife except as may be indicated or specified.
1 1.7 PROTECTION OF LAND RESOURCES
It is intended that the natural resources outside the limits of permanent work be
performed be preserved in their existing condition or be restored to an equivalent or
approved condition upon completion of the work. The Contractor shall confine his
construction activities to areas defined by the drawings and contract documents.
Except in areas indicated to be cleared, the Contractor shall not remove, cut ,
deface, injure, or destroy trees, shrubs, or other plant life without special permission.
No ropes, cables or guys shall be fastened or attached to existing trees or shrubs.
All landscape features scarred or damaged by the Contractor's equipment or
p 9 Y
operations shall be restored to their original condition of the Contractor's expense.
1 The County Engineer shall approve the proposed restoration plan prior to its
initiation.
1 1.8 USE OF EXPLOSIVES
No blasting of nay kind shall be done and the storage of any explosives on the job
site will not be allowed.
1
1 END OF SECTION 01400
1
1
1
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5/20/99 ENVIRONMENTAL PROTECTION 01400 -3
1
1
MONROECOUNTY
1 TECHNICAL SF'ECIFICATIONS
1 NO NAME KEY DRIDGE - HURRICANE REPAIR
1 No Name Key
1 Monroe County, Florida
,,,- 0 -,....
i
1 1 - t wnil t f
I • w w
1 BOARD OF COUNTY COMMISSIONERS
Mayor Wilhelmina Harvey, District 1
I George Neugent, District 2
Mayor Pro tern Dr. Shirley Freeman, District 3
1 Nora Williams, District 4
Mary Kay Reich, District 5
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COUNTY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS
1 James L. Roberts Dent Pierce
CLERK OF THE CIRCUIT COURT COUNTY ENGINEER
1 Danny L. Kolhage David S. Koppel, P.E.
1 May 1999
PREPARED BY:
I Monroe County Public Works Division
Engineering Department
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SECTION 02070
SELECTIVE DEMOLITION
1 PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of Contract, including General and
Supplementary Conditions.
1.2 SUMMARY
A. This section requires the selective removal and subsequent offsite
disposal of the following:
1. Removal of Canopy, Understory, Ground Cover as necessary.
2. Removal of damaged rip-rip bag s as necessary.
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3. Removal and replacement of existing guardrail posts as
indicated on the drawings.
1.3 SUBMITTALS
A. Provide minimum of 72 hours advance notice to County Engineer of
demolition activities.
B. Photographs of existing site conditions are not required, but
recommended so that any damage to surrounding area, will not be
misconstrued as damage related to demolition and removal
1 operations.
1.4 JOB CONDITIONS
A. County assumes no responsibility for actual condition of items or
structures to be demolished.
B. Protection: provide temporary barricades and other forms of protection
to Protect personnel and general public from injury due to selective
demolition work.
C. Damages: Promptly repair damages caused to adjacent facilities and
site by demolition work.
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D. Traffic: Conduct selective demolition operations and debris removal to
1 ensure minimum interference with roads, streets, walks, and other
adjacent facilities.
1 1. Do not close, block, or otherwise obstruct streets, walks, or other
adjacent occupied facilities without written permission from
1 authorities having jurisdiction. Provide alternate routes and
flagmen around closed or obstructed traffic ways as required.
1 E. Flame Cutting: Do not use cutting torches for removal until work area is
cleared of flammable materials.
F. Utility Services: Maintain existing utilities and protect them against
damage during demolition.
1 G. Environmental Controls: Use water sprinkling and any other methods to
limit dust and dirt migration. Comply with governing regulations
1 pertaining to environmental protection.
1. Do not use water when it may create hazardous or objectionable
conditions such as flooding, and pollution.
PART 3 - EXECUTION
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3.1 PREPARATION
1 A. General: Cease operations immediately if any unforeseen problems
arise and notify the County Engineer immediately.
1 3.2 DEMOLITION
1 A. General: Perform selective demolition work in a systematic manner.
Use such methods as required to complete work indicated on Drawings
in accordance with demolition schedule and governing regulations.
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1. Demolish asphalt and concrete pavement in small sections.
Remove debris promptly from site.
2. Fill below -grade areas and voids resulting from demolition work.
Provide fill consisting of approved earth, gravel, sand, and free of
1 trash and debris, stones over 6 inches in diameter, roots, or other
organic matter.
B. In unanticipated mechanical, utilities, or other conflicts arise in
connection with performing the work, investigate and measure both
nature and extent of conflict. Contact immediately verbally and then
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Submit report to County Engineer in written, accurate detail. Pending
receipt of directive from County Engineer, rearrange selective
demolition schedule as necessary to continue overall job progress
1 without undue delay.
3.3 DISPOSAL OF DEMOLISHED MATERIALS
A. Remove site debris, rubbish, and other materials resulting from
demolition operations. Transport and legally dispose off site.
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1. If hazardous materials are encountered during demolition
operations, comply with applicable regulations, laws, and
ordinances concerning removal, handling, and protection
against exposure of environmental pollution.
1 2. Burning of removed materials is not permitted on project site.
3.4 CLEAN -UP AND REPAIR
A. General: Upon completion of demolition work, remove tools,
1 equipment, and demolished materials from site. Remove protection
methods and leave exterior site of project in a clean manner.
1 B. Repair demolition performed in excess of that required. Return
elements of construction and surfaces to condition existing prior to start
of operations. Repair adjacent construction or surfaces damaged by
selective demolition work.
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END OF SECTION 02070
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SECTION 02100
SITE PREPARATION
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PART 1 - GENERAL
1.1 SECTION INCLUDES
A. Clearing and grubbing of entire site.
1.2 PROJECT CONDITIONS
A. Contractor shall notify all pertinent utility companies 48 hours prior to
digging for location of underground utility lines.
B. Contractor shall, at his own expense, immediately repair all materials
damaged during site preparation procedures to the satisfaction of the
County Engineer.
C. Contractor shall conduct site preparation operations to ensure
minimum interference with roads, streets, walks, and other adjacent
occupied facilities.
D. Provide protection of existing Trees and Vegetation. Protect existing
trees and other vegetation indicated to remain in place, against
unnecessary cutting, breaking or skinning of roots, skinning or bruising of
bark, and smothering of trees by stockpiling construction materials or
excavated materials upon trees within drip line, excess foot or vehicular
traffic, or parking of vehicles within drip line. Provide temporary guards
to protect trees and vegetation to be left standing.
1. vegetation ve a Water t r tr and etation to remain within limits of contract
work as required to maintain health during course of construction
work.
2. Provide protection for roots over 1 inch diameter that are cut
during construction operations. Coat cut faces with an emulsified
asphalt, or other acceptable coating formulated for use on
damaged plant tissues. Temporarily cover exposed roots with wet
burlap to prevent roots from drying out; cover with earth as soon
as possible.
3. vegetation r Repair replace trees and indicated to remain
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which are damaged by construction operations, in a manner
acceptable to the County Engineer.
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1 4. Replace trees which cannot be repaired and restored to full -
growth status, as determined by Arborist.
1 PART 2 - MATERIALS
1 2.1 OTHER MATERIALS
A. Provide all other materials, not specifically described but required for
1 proper completion of the work of this Section, subject to review of the
County Engineer.
PART 3 - EXECUTION
3.1 PREPARATION
A. Notify County Engineer two (2) full working days prior to
commencement of work of this section.
B. Materials to be removed other than Owner salvaged or Owner retained
shall be the sole responsibility of Contractor and must be removed from
the site by the Contractor.
1 C. Verify with the County Engineer prior to the removal and disposal of any
materials involved in the demolition process.
3.2 CLEARING, GRUBBING AND EXCAVATION
A. Clear site of trees, shrubs, and other vegetation, except for those
indicated to be left standing.
B. Completely remove stumps, roots, and other debris protruding through
ground surface.
1 C. Use only hand methods for grubbing inside drip line of trees indicated
to remain.
1 D. Completely fill depression as detailed below resulting from clearing and
grubbing operations as determined by the County Engineer. Match
existing grades and provide site drainage to the satisfaction of the
County Engineer.
1. Use satisfactory soil materials as defined in ASTM D 2847,
consisting of stone, gravel and sand, free from debris, trash, roots,
and other organic matter.
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2. Prior to placement of fill materials, ensure that areas to be filled
1 are free of standing water, trash, and debris.
3. Place fill materials in horizontal layers not exceeding 6 inches in
loose depth. Compact each layer at optimum moisture content
of fill material to a density equal to original adjacent ground, but
not less than 90 percent density when tested in accordance with
ASTM D 1556, unless subsequent excavation for new work is
required.
' E. Dispose of all material off -site.
1 F. Additional obstructions exposed as the result of clearing operations
shall be removed.
1 3.3 DISPOSAL OF WASTE MATERIALS
A. Burning on site will not be permitted. All organic debris shall be
removed from site.
B. Remove waste materials and unsuitable or excess topsoil from site and
legally dispose off site.
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1 END SECTION 02100
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1 SECTION 02232
1 LIMEROCK BASE
PART 1 - GENERAL
1.1 WORK INCLUDED
A. The work specified in this Section consists of the construction of a base
course composed of limerock. It shall be constructed upon the
prepared subgrade in accordance with these specifications and in
conformity with the lines, grades, notes and typical cross sections shown
on the Drawings. All areas of construction shall be treated with a
herbicide to prevent regrowth.
1.2 QUALITY ASSURANCE
A. Laboratory analysis shall be complete, and the material accepted by
1 the County Engineer prior to placement.
PART 2 - PRODUCTS
2.1 MATERIALS
1 A. Source: The material used in limerock base courses shall be material
classified as either Miami Oolite Formation or Ocala Formation at the
Contractor's option; however, only one formation may be used on any
contract.
1 B. Composition:
1. The limerock material shall contain not more than 0.5 percent of
1 organic material or objectionable matter and shall show no
significant tendency to air slake or undergo any chemical
change under exposure to weather.
2. Limerock material shall contain not less than 70 percent of
carbonates of calcium and magnesium. The maximum
percentage of water sensitive clay material shall be 3.
C. Gradation: At least 97 percent (by weight) of the material shall pass a
3 -1 /2 -inch sieve and the material to be graded uniformly down to dust.
The fine material shall consist entirely of dust of fracture. All crushing or
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breaking up which might be necessary in order to meet such size
1 requirements shall be done before the material is placed on the road.
1 D. Quality:
1. The limerock material shall be uniform in quality and shall not
contain cherty or other extremely hard pieces or lumps, balls or
pockets of sand or clay size material in sufficient quantity as to be
detrimental to prevent proper bonding, finishing or strength of the
limerock base. Limerock material shall be nonplastic, and the
liquid limit shall not exceed 35.
2. Limerock material shall have an average LBR value of not less
than 100.
PART 3 - EXECUTION
1 3.1 GENERAL
A. Equipment: All equipment necessary for the proper construction of the
1 work shall be on the project, and in first -class working condition.
B. Limits of Construction: The Contractor shall construct the base to the full
1 width shown on the Drawings.
3.2 PERFORMANCE
A. Excavation: The area in which the widening is to take place and the
limerock base is to be placed shall be excavated to the depth and
dimensions shown in the Drawings. The underlying subgrade shall be
compacted sufficiently to assure that no distortion will occur with the
1 placement of the limerock base.
B. Transporting Limerock: The limerock shall be transported to the point
1 where it is to be used, over rock previously placed if practicable, and
dumped on the end of the preceding spread. No hauling over the
subgrade or dumping on the subgrade shall be done.
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C. Spreading Limerock:
1 1. The limerock shall be spread uniformly, and all segregated areas
of fine or coarse rock shall be removed and replaced with
well - graded rock.
2. When the specified compacted thickness of the base is greater
than 8- inches, the base shall be constructed in two courses. The
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thickness of the first course shall be approximately one -half the
total thickness of the finished base, or enough additional to bear
the weight of the construction equipment without disturbing the
1 subgrade.
D. Compacting and Finishing Base:
1 1. General:
1 a. For single course base, prior to spreading, the specific
section requiring base shall be scarified and then shaped
so as to produce the required grade and cross section
1 after compaction.
b. For double course base, the first course shall be cleaned of
foreign material, bladed & brought to a surface cross
section approximately parallel to that of the finished base.
Prior to the spreading of material for the upper course, the
1 density tests for the lower course shall be made and the
County Engineer shall have determined that the required
1 compaction has been obtained. After the spreading of
material for the second course is completed, its surface
shall be finished & shaped so as to produce the required
1 grade & cross section after compaction and free of scabs
& laminations.
1 2. Moisture Content: When the material does not have the proper
moisture content to insure the required density, wetting or drying
will be required. If the material is deficient in moisture, water shall
1 be added and uniformly mixed in by discing the base course to
its full depth. If the material contains an excess of moisture, such
1 excess shall be reduced or removed until the required moisture is
attained before being compacted. Wetting or drying operations
shall involve manipulation of the entire width and depth of the
1 base as a unit.
3. Density Requirements: As soon as proper conditions of moisture
1 are attained, the material shall be compacted to a density of not
less than that currently existing on the compacted surface.
1 4. Density Tests:
a. During final compacting operations, if blading of any areas
1 is necessary to obtain the true grade and cross section, the
compacting operations for such areas shall be completed
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prior to making the density determinations on the finished
base.
b. At least one density determination shall be made at each
location where limerock is placed on each day's final
operations on each course, & the density determinations
shall be made at more frequent intervals if deemed
necessary by the Engineer.
1 5. Correction of Defects:
a. If at any time the unsuitable material should become
1 mixed with the base course material, the Contractor shall
dig out and remove the mixture, reshape and compact
the subgrade and replace the materials removed with
r clean base material, which shall be shaped and
compacted as specified above.
1 b. If cracks or checks appear in the base, either before or
after priming, which in the opinion of the Engineer would
impair the structural efficiency of the base course, the
Contractor shall remove such cracks or checks by
rescarifying, reshaping, adding base material where
1 necessary and recompacting.
E. Testing Surface: The finished surface of the base course shall be
1 sufficient so that when the asphalt surface course is applied, no
irregularities exist or appear after traffic is placed on the final surface.
All irregularities shall be corrected by scarifying & removing or adding
limerock as may be required, after which the entire area shall be
recompacted as specified herein before.
F. Thickness Determinations: The thickness of the compacted limerock
base shall vary to achieve the final elevations as shown on the plans.
in and Maintaining:
G. Priming : a g
1 1. The prime coat shall be applied only when the base meets the
specified density requirements and the moisture content in the
top half of the base does not exceed 90 percent of the optimum
moisture content of the base material. At the time of priming, the
base shall be firm and unyielding.
2. The Contractor will be responsible for assuring that the true crown
and grade are maintained with no rutting or other distortion and
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that the base meets all the requirements at the time the surface
course is applied.
1 END OF SECTION 02232
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5/27/99 LIMEROCK BASE 02232 -5
SECTION 02271
SAND- CEMENT RIPRAP
PART 1 - GENERAL
1.1 Work Included
A. The work covered by this Section consists of furnishing all plant, labor
and materials and performing all operations necessary for constructing
sand - cement riprap structures to the lines, grades and dimensions
shown on the Drawings.
PART 2 - PRODUCTS
2.1 Material
■ A. Portland Cement: The Portland cement used in sand - cement riprap will
not be subject to tests, provided it is from an approved source and is
the product of an established and reputable manufacturer.
B. Fine Aggregate:
1. The fine aggregate shall be graded so as to fall within the
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following limits:
Passing Percent
1 No. 4 sieve Minimum 97
No. 100 sieve Maximum 20
1 No. 200 sieve Maximum 5
2. This sand shall be subjected to the colorimetric test for organic
impurities and if the color produced is darker than the standard
■ solution it will be rejected.
1 C. Sacks: The sacks shall be made of jute, cotton or scrim reinforced
paper and shall hold the sand - cement mixture without significant
leakage when handled. The sack material shall be permeable and
absorptive enough to permit passage of sufficient water to provide for
hydration of the cement. The paper used in sacks shall be non -
asphaltic laminated with polyester fiber scrim reinforcement in a three -
way directional pattern, shall have an embossed finish and shall be
perforated by pins approximately 3/32 -inch in diameter on
approximately one -inch centers (perforations must extend continuously
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through the entire wall). The sacks shall be of uniform size and
1 dimensions, in order to provide uniformity of lines in the completed
work. They shall be free from holes and strong enough to stand
handling without ripping or splitting. Only one type and size of sack
shall be used at any one structure.
D. Geotextile Filter Fabric: The geotextile filter fabric shall be as specified
in Section 02275; 2.1 B of these specifications.
E. Grout: The cement and the sand used in the grout between the sacks
will not be required to be tested for specification requirements,
provided the cement is the product of a reputable manufacturer and
of a type and quality appropriate for this work, and that the sand is a
clean commercial sand meeting the approval of the County Engineer
for this particular use.
4 undeformed bars conforming Tie Pins: Pins shall be No g to
requirements of ASTM Designation A 615, Grade 40.
PART 3 - EXECUTION
3.1 Preparation
A. Mixing Materials: The sand and cement shall be mixed dry, in the
proportion of one part cement to five parts sand, until the mixture is of
uniform color.
B. Filling Sacks: The mixed material shall be accurately measured into
each sack, with care being taken to place the same amount of
material in each sack, and at least the top 6- inches of the sacks shall
remain unfilled to allow for proper tying and folding and to insure
against breakage of the sack during placing.
3.2 Performance
A. Placing: The filled sacks shall be placed with their tied or folded ends
all in the same direction unless otherwise shown on the Drawings. The
sacks shall be laid with broken joints and, where so directed by the
County Engineer, header courses shall be laid in order to tie the units
together. The sacks shall be rammed or packed against each other so
as to form a close and molded contact after the sand and cement
mixture has set up. Sacks ripped or torn in placing shall be removed
and replaced with sound, unbroken sacks. All sacks shall then be
thoroughly wetted and kept continuously wet for a period of not less
than 3 days to insure penetration of moisture and complete hydration
of the cement.
5/27/99 SAND - CEMENT RIPRAP 02271 -2
B. Tie Pins: When the sacks have been placed in position, tie pins or bars
shall be driven in as shown on the Drawings. Each tie pin shall
penetrate at least three sacks.
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C. Grouting: After the wetting, all openings between sac ks above the
water surface shall be filled with grout composed of one part Portland
cement and three parts sand.
END OF SECTION TION 02271
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