Project Manual 1 IMINIMINCIP
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MONROE ii3OUNi Nir'
PROJECT MANUAL
SUMMERLAND KEY ROADS III
ROADWAY IMFROVEMENTS ,
Surrimerlancl Key
Monroe ,Courty Florida
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BOARD OF COUNTY COMMISSIONERS
Mayor Wilhelmina Harvey, District 1
George Neugent, District, 2
Mayor i"ro tern Dr. Shirley Freeman, District 3
Nora Williams, District 4
Mary Kay Reich, District 5
COUNTY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS
James L. Roberts Dent Pierce
CLERK OF THE CIRCUIT COURT COUNTY ENGINEER
Danny L. Kolhage David S. Koppel, P.E.
August 1999
PREPARED [3Y:
Monroe County Public Works Division
Engineering Department
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SECTION 00001
TABLE OF CONTENTS
SUMMERLAND KEY ROADS III
ROADWAY IMPROVEMENTS
Summerland Key
Monroe County, Florida
j 1 . BIDDING DOCUMENTS
Section 00030 Notice of Calling for Bids (pp. 1-2)
Section 00100 Instructions to Bidders (pp. 1-9)
Section 00110 Bid Proposal (pp. 1-10)
Section 00163 Pre-Bid Substitutions (pp. 1-7)
Section 00300 Scope of Work (pp. 1)
Section 00350 Milestone Schedule (pp. 1)
2. CONTRACT DOCUMENTS
Section 00500 Fixed Price Contract Between Owner and Contractor (pp. 1-21)
3. CONDITIONS OF THE CONTRACT
Section 00850 Public Construction Bond (pp. 1-2)
Section 00900 Supplementary Insurance Documents (pp. 1-11)
Section 01000 Special Conditions (pp.1-7)
Section 01025 Measurement and Payment (pp. 1-5)
Section 01027 Application for Payment (pp. 1-10)
Section 01301 Submittals (pp. 1-5)
Section 01560 Temporary Controls (pp. 1-2)
L Section 01595 Construction Cleaning (pp. 1-2)
Section 01630 Post-Bid Substitutions (pp. 1-6)
4. TECHNICAL SPECIFICATIONS
Section 02209 Regrading Roadway Shoulders (pp. 1-3)
Section 02220 Excavation and Backfill (pp. 1-3)
Section 02232 Limerock Base (pp. 1-5)
Section 02235M Asphalt Base Course (pp. 1-3)
Section 02513 Asphaltic Surface, Leveling and Base Course (pp. 1-7)
Section 02580 Pavement Markings (pp. 1-2)
Section 02951 Tree Trimming/Removal (pp. 1-3)
Section 10425 Traffic Sign Specification (pp. 1-2)
7/26/99 TABLE OF CONTENTS 00001-1
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5. DRAWINGS
Sheet 1 Cover
Sheet 2 - 3 Note and Details
Sheet 4 - 13 Plans
END OF SECTION 00001
7/26/99 TABLE OF CONTENTS 00001-2
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Roadway Improvements
•
Summerland Key Roads III
Summerland Key
Monroe County, Florida
August 31, 1999
This Addendum forms a part of the Contract Document and modifies the original Project
Manual for the above named project.
Modification No. 1:
The Tree Removal(Invasive Exotics) will be bid on as a lump sum(LS)unit rather than
by the square foot(SF). Modify the BID FORM, Section 00110-3 BID PROPOSAL of
the Project Manual for the following items:
Q,ix Unit
Item 4. (20525 SF ) modify to ( 1 LS )
Attached is a revised bid form with adjusted quantity and units to be used.
8/31/99 Addendum No. 1 Page 1
Roadway Improvements
Summerland Key Roads III
Bid Form
Project: SUMMERLAND KEY ROADS ID ROADWAY IMPROVEMENTS
Location: Summerland Key, FL
Contractor:
Date:
Item
No. Qty. Unit Description Written Unit Price Unit price Total price
1. 1 LS General Provisions
2. 1 LS Maintenance of Traffic
3. 1 LS Sitework
4. 1 LS Tree Removal(Invasive Exotics)
5. 5753 SY Optional Base Course(Asphalt or Limerock)
6. 32452 SY Asphaltic Leveling Course(1/2"minimum)
7. 32988 SY Asphaltic Surface Course(1"compacted minimum)
8. .. 1 LS Temporary Paint Striping
9 7450 LF 16"Solid Yellow Line(Thermo)
10. 2150 . LF 6"Yellow Skip Stripe (Thermo)
11. 444 LF 24"White Stopbar(Thermo)
12. 736 LF 12"White Stripe (Bike Crossing)
13. 286 LF 6"White Stripe (Hunt Lane)
14. 62 LF 8"White Stripe(Gore) (Horace St.)
15. 26 EA "STOP"Message(Thermo)
16. 16 EA White Bike Lane Diamond
17. 41 EA Traffic Signs w/Posts
18. 4 EA Additional Posts
19. 16 EA Delineators
TOTAL: ITEM # 1 THRU # 19
L
SECTION 00030
NOTICE OF CALLING FOR BIDS
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on September 9, 1999, at
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:
SUMMERLAND KEY ROADS III
ROADWAY IMPROVEMENTS
Summerland Key
Monroe County, Florida
All bids must be received by the Purchasing Office, 5100 College Road, Public
j Service Building, Cross Wing #002, Stock Island, Key West, Florida 33040 on or before
10:00 A.M. on September 9, 1999.
All bids, including the recommendation of the County Administrator and the
requesting Department Head, will be presented to the Board of County
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).
All bidders must submit two (2) signed originals and two (2) complete copy of each
bid in a sealed envelope marked on the outside, "Sealed Bid for Summerland Key
Roads III Roadway Improvements". All bids must remain valid for a period of ninety
90) days
The Board reserves the right to reject any and all bids, to waive informalities in any or
all bids, and to readvertise for bids.
r i 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.
Drawings and specifications can be examined and obtained at the office of the
Monroe County Purchasing Department, Public Service Building, Stock Island, Florida
33040, (305) 292-4464, in accordance with the Instructions to Bidders. Drawings and
specifications can be obtained for the refundable deposit sum of $25.00. Questions
are to be directed to Public Works Division, Engineering Department, (305) 292-4426.
8/2/99 NOTICE OF CALLING FOR BIDS 00030- 1
•
Bid Security payable to Monroe County Board of County Commissioners in the
amount of five percent (5%) of the Bid must accompany each Bid in accordance
with the Instructions to Bidders. The Bidder awarded a contract in accordance with
this notice shall post a public construction bond guaranteeing completion and
quality of the work under the drawings and specifications.
DATED at Key West, Florida, this day of , 19
John Carter
Director of O.M.B., for
Monroe County, Florida
END OF SECTION 00030
8/2/99 NOTICE OF CALLING FOR BIDS 00030- 2
P
L
SECTION 00100
INSTRUCTIONS TO BIDDERS
To be considered, Bids must be made in accordance with these Instructions to
Bidders.
Li ARTICLE 1 - DEFINITIONS
1 .1 Bidding Documents include the Notice of Calling for Bids, Instructions to
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.
The Contract Documents proposed for the Work consist of the Standard Form
of Agreement, Supplementary Conditions, Public Construction Bond,
Supplementary Insurance Documents, Special Conditions, Technical
Specifications, Drawings, and other sample contract forms.
1 .2 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
Bidding Documents by additions, deletions, clarifications, or corrections.
1 .3 A Bid is a complete and properly signed proposal to do the Work for the sums
stipulated therein, submitted in accordance with the Bidding Documents.
1 .4 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 .5 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
the Work, as described in the Bidding Documents, is accepted.
1 .6 An Owner Option Bid (or Option) is an amount stated in the Bid, which can be
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 .7 A Unit Price is an amount stated in the Bid as a price per unit of measurement
for materials or services as described in the Bidding Documents or in the
1 proposed Contract Documents. Unit prices shall apply to add and deduct
change orders and shall include all overhead and profit.
1 .8 A Bidder is a person or entity who submits a Bid.
1 1/10/98 INSTRUCTIONS TO BIDDERS 00100-1
1 .9 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials
or labor for a portion of the Work.
1 .10 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 .11 The term 'perform' refers only to installation and requires full compliance with.
the specified or implied requirements.
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
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
incomplete sets of Bidding Documents.
ARTICLE 3 - EXAMINATION OF BIDDING DOCUMENTS AND SITE
3.1 Before Submitting a Bid:
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.
3.2 The lands upon which the Work is to be performed, right-of-ways for access
thereto and other lands designated for use by,the Contractors in performing
the Work are shown on the Drawings.
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
11/10/98 INSTRUCTIONS TO BIDDERS 00100-2
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convey understanding of all terms and conditions for performance of the
j Work.
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
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
5.1 FORM AND STYLE OF BIDS
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
as being required for submission of Bids. Pages shall not be
removed from the Bid Package documents for purposes of
Ir submitting bids. The return of Bidding Documents from which
pages have been removed, shall result in forfeiture of the Bidding
Document deposit.
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
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
11/10/98 INSTRUCTIONS TO BIDDERS 00100-3
n_,
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
placed on the convicted vendor list.
3. All forms contained in Section 00110 - Bid Proposal must be fully
completed and submitted as part of the Bid Proposal.
4. The Bidder is required to submit a copy of a valid Monroe County
Class I Engineering Contractor's license (test $185.00, license
$100.00) as part of the Bid Proposal.
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.
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.
G. All requested Allowances shall be bid. Failure to comply shall constitute
a non-responsive bid.
_._ H. All requested Owner Options shall be bid. Failure to comply shall
constitute a non-responsive bid.
5.2 ADDENDA
A. Each Bidder shall ascertain prior to submitting his Bid that he has
received all Addenda issued, and he shall acknowledge their receipt in
his Bid.
B. No Addenda will be issued later than five calendar days prior to the
date for receipt of Bids except for an Addendum withdrawing the
request for Bids or one which includes postponement of the date for
receipt of Bids.
11/10/98 INSTRUCTIONS TO BIDDERS 00100-4
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C. Copies of Addenda will be made available for inspection wherever
Bidding Documents are on file for that purpose.
5.3 BID SECURITY
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
check, cashiers check or a Bid Bond issued by a surety meeting the
requirements of the form in Section 00110, Page 11 . 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.
B. The bid suretyconstitutes a pledge the Bidder that he will enter into
by
a Contract with the Owner on the terms stated in his Bid and will furnish
the required Public Construction Bond, as described in the
Supplementary Conditions of this contract. The Bid Security of the
successful Bidder will be retained until such Bidder has entered into a
Contract with the Owner and furnished the required Public Construction
Bond, whereupon it will be returned. If the successful Bidder fails to
execute and deliver the Contract and furnish the required Bond, the
Owner may annul the Notice of 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.
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 and the
required Bond has been furnished, or (b) the 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) 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
equipment in order to meet the requirements of the Schedule.
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
waived.
1 1/10/98 INSTRUCTIONS TO BIDDERS 00100-5
5.5 SUBMISSION OF BIDS
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
Addendum. Bids received after the time and date for receipt of Bids
will be returned unopened.
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
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
envelope. If the Bid is hand-delivered, the envelope shall be filled out
as follows:
1 . In the upper left hand corner, place the Bidder's name and
address.
2. In the center of the envelope, put the following:
Monroe County Purchasing Department
Public Service Building, Room 002
5100 College Road, Stock Island
Key West, FL 33040
3. In the lower left hand corner, put the following:
Bid for: SUMMERLAND KEY ROADS III
ROADWAY IMPROVEMENTS
Summerland Key
To be opened: September 9, 1999
at. 10:00 A.M.
If the Bid is sent by mail, the sealed envelope shall be enclosed in
a separate mailing envelope with the notation "SEALED BID
ENCLOSED" on the face thereof. And then address the mailing
envelope in the conventional manner.
C. The Bidder shall assume full responsibility for timely delivery at the
location designated for receipt of Bids.
D. Oral, telephonic, or telegraphic Bids are invalid and will not receive
consideration.
5.6 MODIFICATION AND WITHDRAWAL OF BIDS
8/2/99 INSTRUCTIONS TO BIDDERS 00100-6
1
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
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.
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
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.
5.7 RIGHT TO CLAIM ERROR IN BID
A. Each Bidder's original work papers, documents, and materials used in
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.
ARTICLE 6 - CONSIDERATION OF BIDS
6.1 OPENING OF BIDS
A. The properly identified Bids received on time will be opened at the
Monroe County Purchasing Department.
11/10/98 INSTRUCTIONS TO BIDDERS 00100-7
r-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.
6.2 BIDS TO REMAIN OPEN
A. All Bids shall remain open for sixty days after the date designated for
receipt of Bids.
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
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.
B. In evaluating Bids, the Owner shall consider the qualifications of the
bidders, whether or not the Bids comply with the prescribed
requirements, and alternates and unit prices if requested in the Bid
Forms.
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
of the Base Bid and the Alternates accepted.
D. The Owner may consider the qualifications and experience of
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.
Operating costs, maintenance considerations, performance data and
guarantees of materials and equipment may also be considered.
E. The Owner may conduct such investigations as he deems necessary to
assist in the evaluation of any Bid and to establish the responsibility,
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
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
clarification meetings, as necessary.
F. The Owner reserves the right to reject the Bid of any Bidder who does
not pass any such evaluation to their satisfaction.
1 1/10/98 INSTRUCTIONS TO BIDDERS 00100-8
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II
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
indicated to the Owner that the award will be in the best interests of the
Project.
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
make any awards, and cancel the Project.
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
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
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
deliver all four (4) copies of the Contract Agreement to the County
Engineer, with all other Contract Documents attached, including an
original Insurance Certificate, and the Public Construction Bond within
fourteen(14) days after receipt of Notice of Award. 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.
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
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
Work or that may in any manner affect the cost, progress, or performance of
the Work.
END OF SECTION 00100
1 1/10/98 INSTRUCTIONS TO BIDDERS 00100-9
r, SECTION 00110
BID PROPOSAL
The Bid Proposal shall be submitted on the forms included in this section of the
Bidding Documents as previously instructed herein .
Item Description Pages
1 . Proposal Form 2 - 4
2. Non-Collusion Affidavit 5 - 6
3. Lobbying and Conflict of Interest Clause 7
4. Drug-Free Workplace Form 8
5. Bid Bond 9
11/10/98 BID PROPOSAL 00110-1
J
PROPOSAL FORM
BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
PUBLIC SERVICE BUILDING, ROOM 002
5100 COLLEGE ROAD, STOCK ISLAND
KEY WEST, FLORIDA 33040
BID FROM:
The undersigned, having carefully examined the Work and reference Drawings,
{ Specifications, Proposal, and Addenda thereto and other Contract Documents for the
construction of:
SUMMERLAND KEY ROADS III
ROADWAY IMPROVEMENTS
Summerland Key
Monroe County, Florida
and having carefully examined the site where the Work is to be performed, having become
familiar with all local conditions including labor affecting the cost thereof, and having
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
incidentals necessary to perform and complete said Work and work incidental hereto, in a
workman-like manner, in conformance with said Drawings, Specifications, and other Contract
Documents including Addenda issued thereto.
The undersigned further certifies that he has personally inspected the actual location of where
I the Work is to be performed, together with the local sources of supply and that he understands
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.
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
H payment in accordance with the Contract Documents.
11/10/98 BID PROPOSAL 00110-2
-_! I -SIG . 011 ,,� !
Project: SUMMERLAND KEY ROADS III ROADWAY IMPROVEMENTS
Location: Summerland Key, FL
Contractor:
Co
Date:
Item
No. Qty. Unit Description Written Unit Price Unit price Total price
1. 1 LS General Provisions
2. 1 LS Maintenance of Traffic
3. 1 LS Sitework
4. 20525 SF Tree Removal(Invasive Exotics)
5. 5753 SY Optional Base Course (Asphalt or Limerock)
co6. 32452 SY Asphaltic Leveling Course (1/2"minimum)
7. 32988 SY Asphaltic Surface Course (1"compacted minimum)
70 8. 1 LS Temporary Paint Striping
9 7450 LF 6"Solid Yellow Line (Thermo)
10. 2150 LF 6"Yellow Skip Stripe (Thermo)
11. 444 LF 24"White Stopbar(Thermo)
12. 736 LF 12"White Stripe(Bike Crossing)
13. 286 LF 6"White Stripe (Hunt Lane)
14. 62 LF 8"White Stripe (Gore) (Horace St.)
15. 26 EA "STOP"Message (Thermo)
16. 16 EA White Bike Lane Diamond
17. 41 EA Traffic Signs w/Posts
18. 4 EA Additional Posts
19. 16 EA Delineators
TOTAL: ITEM # 1 THRU # 19
0
w
I acknowledge receipt of Addenda No.(s) . I have included pages
1 through 9 of the Bid Proposal which entails the Proposal Form , the
Non-Collusion Affidavit , the Lobbying and Conflict of Interest Clause , the
Drug-Free Workplace Form . Also include a copy of valid licenses
(Check mark items above, as a reminder that they are included.)
U Mailing Address:
(-1
Phone Number:
Hi
Date: Signed:
(Name)
(Title)
Witness:
(Seal)
b
11/10/98 BID PROPOSAL 00110-4
NON-COLLUSION AFFIDAVIT
of the city of according to law on
my oath, and under penalty of perjury, depose and say that;
1 . I am of the firm of
lU , the bidder making the Proposal for
the project described in the notice for calling for bids for:
SUMMERLAND KEY ROADS III
ROADWAY IMPROVEMENTS
Summerland Key
Monroe County, Florida
and that I executed the said proposal with full authority to do so;
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
any other bidder or with any competitor;
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
disclosed by the bidder prior to bid opening, directly or indirectly, to
any other bidder or to any competitor; and
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;
5.) the statements contained in this affidavit are true and correct, and
made with full knowledge that Monroe County relies upon the truth of
the statements contained in this affidavit in awarding contracts for said
project.
BID PR P AL 00110-5
11/10/98 O OS
[11
(Signature of Bidder)
LJ' (Date)
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me,
(name of individual signing) affixed his/her signature
t_ in the space provided above on this day of , 19
Li
NOTARY PUBLIC
My commission expires:
U
i
U
1 1/10/98 BID PROPOSAL 00110-6
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
• (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
COUNTY OF
-- PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
signature in the space provided
(name of individual signing)
above on this day of , 19 .
NOTARY PUBLIC
My commission expires:
11/10/98 BID PROPOSAL 00110-7
DRUG-FREE WORKPLACE FORM
The undersigned Contractor in accordance with Fl. Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
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.
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
counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (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
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)
days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, or any employee who is so convicted.
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.
Bidder's Signature
MCP#5 Rev. 6/91 Date
11/10/98 BID PROPOSAL 00110-8
THE AMERICAN INSTITUTE OF ARCHITECTS
Li
•
AlA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we •
(Here insert full 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)
as Obligee, hereinafter called the Obligee,in the sum of
Dollars (.$ ),
for the payment of which sum well and truly to be made, the said Principal and the sain Surety,bind ourselves,
our heirs, executors,administrators,successores and assigns,jointly and severally, firmly by these presents.
WHEREAS,the Principal has submitted a bid for
(Here insert full name,address and desorption 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 furnished 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 penally
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
i
(Principal) (Seal)
• (Witness)
(Title)
(Surety) (Seal)
(Witness)
(Title)
11/10/98 BID PROPOSAL 00110-9
END OF SECTION 00110
1 1/10/98 BID PROPOSAL 00110-10
SECTION 00163
PRE-BID SUBSTITUTIONS
PART 1 - GENERAL
1 .1 DOCUMENT INCLUDES: Pre-Bid Substitutions
1 .2 BIDDER'S OPTIONS
A. For products specified only by reference standard, select product
meeting that standard, by any manufacturer.
B. For products specified by naming several products or manufacturers,
select one of products and manufacturers named which complies with
the Technical Specifications.
C. For Products specified by naming several products or manufacturers
and stating "or equivalent", "or equal", or"or Architect/Engineer
approved equivalent", or similar wording, submit a request as for
substitutions, for any product or manufacturer which is not specifically
named for review and approval by the County Engineer.
D. For products specified by naming only one product / manufacturer,
there is no option and no substitution will be allowed.
1 .3 SUBSTITUTIONS
A. Base Bid shall be in accordance with the Contract Documents.
1 . Substitutions for products may be made during the bidding by
submitting completed substitution request form and
substantiating product data/literature a minimum of ten calendar
days prior to the Bid Date to the County Engineer.
2. The County Engineer will consider requests utilizing this section
from the Bidder for substitution of products in place of those
specified.
3. Those submitted 10 calendar days prior to Bid Date will be
included in an addendum if acceptable.
4. Substitution requests may be submitted utilizing a facsimile
machine (FAX) if substitution request forms and substantiating
data are submitted.
4/9/99 PRE-BID SUBSTITUTIONS 00163-1
B. Submit separate request for each substitution. Support each request
with:
1 . Complete data substantiating compliance of proposed
substitution with requirements stated in Contract Documents:
a. Product identification, including manufacturer's name and
address.
b. Manufacturer's literature, identifying:
1 . Product description.
2. Reference standards.
3. Performance and test data.
c. Samples, as applicable.
d. Name and address of similar projects on which product has
been used and date of each installation.
2. Itemized comparison of the proposed substitution with product
specified, listing significant variations.
3. Data relating to changes in construction schedule.
4. All effects of substitution on separate contracts.
5. List of changes required in other work or products.
6. Designation of required license fees or royalties.
7. Designation of availability of maintenance services, sources of
replacement materials.
C. Substitutions will not be considered for acceptance when:
1 . Acceptance will require substantial revision of Contract
_ ; Documents.
2. In the judgment of the Owner or County Engineer, the substitution
does not include adequate information necessary for a
complete evaluation.
4/9/99 PRE-BID SUBSTITUTIONS 00163-2
I �
D. The County Engineer will determine the acceptability of any proposed
substitution.
1 .4 BIDDER'S REPRESENTATION
A. In making formal request for substitution the Bidder represents that:
11,1 1 . He has investigated proposed product and has determined that
it is equivalent to, or superior in all respects to that specified.
2. He will provide same warranties or bonds for substitution as for
product specified.
3. He will coordinate installation of accepted substitution into the
Work, and will make such changes as may be required for the
Work to be complete in all respects.
4. He waives claims for additional costs caused by substitution
which may subsequently become apparent.
5. .Cost data is complete and includes related costs under his
Contract, but not:
a. Costs under separate contracts.
b. County Engineer's costs for redesign or revision of Contract
Documents.
6. Cost data need not be submitted, if request is for inclusion in an
addendum.
1 .5 COUNTY ENGINEER'S DUTIES
A. Review requests for substitutions with reasonable promptness.
B. Issue an addendum to identify accepted substitutions.
C. Substitution requests that are not approved will be returned to the party
submitting the request.
1 .6 SUBSTITUTION REQUEST FORM
A. The form is attached to this Section.
4/9/99 PRE-BID SUBSTITUTIONS 00163-3
B. Substitutions will be considered only when the attached form is
completed and included with the submittal with all required back-up
data.
i
1 -
1 �
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1
4/9/99 PRE-BID SUBSTITUTIONS 00163-4
SUBSTITUTION REQUEST FORM
TO: Monroe County Engineer
5100 College Road
Key West, FL 33040
Ph: (305) 292-4426 " FAX: (305) 295-4321
We hereby submit for your consideration the following product instead of the
specified item for the above project:
DRAWING NO. DRAWING NAME SPEC. SEC.
SPEC. NAME PARAGRAPH SPECIFIED ITEM
Proposed Substitution:
I
Attach complete information on changes to Drawings and/or Specifications which
proposed substitution will require for its proper installation.
;i Submit with request necessary samples and substantiating data to prove equal
quality and performance to that which is specified. Clearly mark manufacturer's
literature to indicate equality in performance.
The undersigned certifies that the function, appearance and quality are of equal
performance and assumes liability for equal performance, equal design and
compatibility with adjacent materials.
Submitted By:
Signature Title
Firm
Address
•
City / State / Zip Code Telephone Date
4/9/99 PRE-BID SUBSTITUTIONS 00163-5
Signature shall be by person having authority to legally bind his firm to the above
terms. Failure to provide legally binding signature will result in retraction of approval.
For use by the Engineer: Approved Apvd as noted Not Apvd
Rec'd too late Insufficient data received
By
Date
Ii
r-1
4/9/99 PRE-BID SUBSTITUTIONS 00163-6
Fill in Blanks Below:
A. Does the substitution affect dimensions shown on Drawings?
Yes No If yes, clearly indicate changes:
B. Will the undersigned pay for changes to the building design, including
I engineering and detailing costs caused by the requested substitution?
Yes No If no, fully explain:
C. What effect does substitution have on other Contracts or other trades?
D. What effect does substitution have on construction schedule?
E. Manufacturer's warranties of the proposed and specified items are:
Same Different. Explain:
F. Reason for Request:
G. Itemized comparison of specified item(s) with the proposed substitution; list
significant variations:
H. Designation of maintenance services and sources: (Attach additional sheets
if required).
END OF SECTION 00163
4/9/99 PRE-BID SUBSTITUTIONS 00163-7
li
SECTION 00300
SCOPE OF WORK
r -I
1 .0 GENERAL SCOPE
1 .1 The Scope of Work shall include, but not be limited to, all Work shown on the
plans, and in the specifications. The Contractor is required to provide a
complete job as contemplated by the drawings and specifications, which are
a part of this bid package.
1 .2 The Scope of Work consists of roadway improvements to streets in five
subdivisions in Summerland Key which includes base construction, base
widening, regrading roadway shoulders, asphalt leveling, asphalt resurfacing,
traffic paint striping, traffic sign installation and relocation , removing excess
asphalt, tree removal and other related roadway construction as shown on
the Drawings and included in the Technical Specifications.
1 .3 Streets included in this project are as follows:
Snug Harbor Subdivision:
Northside Drive, and 42nd Street.
Summerland Yacht Harbor Subdivision:.
Horace Street, Center Street, Henry Street, and John Street.
Summerland Beach Subdivision, First, Second, Fifth, and Seventh Additions:
1st Street, 2nd Street, 5th Street, 6th'Street, 7th Street, Hudgins Street, Calle
Bogota, and Calle Colombia.
Summerland Estates Resubdivision 1 and 2:
40th Street, 41st Street, Katherine Street, Margaret Street, 44th Street, 45th
-J Street, and 46th Street.
Summerland Key Cove 4th Addition Subdivision:
Hunt Lane.
1 .4 Provide all labor, supervision, materials, supplies, equipment, tools,
construction equipment, transportation, inspection, and proper execution and
completion of all Work as specified on the Drawings and Technical
Specifications included in this Bid Package.
END OF SECTION 00300
3/30/99 SCOPE OF WORK 00300-1
SECTION 00350
L'
MILESTONE SCHEDULE
This section contains the project milestone schedule. The Contractor is required to
study the applicable parts, or milestones, in order to determine his proposed
scheduling for the project.
The Contractor is to note the following special items.
a. Bid Due Date September 9, 1999
Ij
b. Award Date (Anticipated) October 13, 1999
c. Pre-Con Meeting (Anticipated) October 27, 1999
d. Construction Start (Anticipated) November 1, 1999
END OF SECTION 00350
8/2/99 MILESTONE SCHEDULE 00350-1
SECTION 00500
FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR
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 SUMMERLAND KEY ROADS III ROADWAY
IMPROVEMENTS, the specifications and 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:
ARTICLE
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 Technical Specifications, the drawings provided by
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, together with the contractor's public construction bond for the
Project, 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 1/10/98 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-1
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
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 .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 .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
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 .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.
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
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
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
establishing the extent or scope of the work to be performed by subcontractors.
1 1/10/98 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-2
1.6 Ownership of Contract Documents
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
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.
ARTICLE II
THE WORK
11
2.1 The contractor shall perform all of the work required, implied or reasonably
inferable from, this contract.
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:
construction and design of the whole project; furnishing of any required surety
bonds and insurance; and the provision or furnishing of labor, supervision, services,
materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation,
storage, power, the payment of any applicable sales and use taxes; royalties and
product license fees; permits and licenses required of the contractor, fuel, heat,
light, cooling and all other utilities as required by this contract. The work to be
performed by the contractor is generally described as follows:SUMMERLAND KEY
ROADS III ROADWAY IMPROVEMENTS.
ARTICLE III
CONTRACT TIME
3.1 Time and Liquidated Damages
3.1 .1 The contractor shall commence work to be performed under this Contract no
later than ten (10) calendar days from Notice to Proceed and shall be substantially
completed no later than one hundred twenty (120) 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.
11/10/98 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-3
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
within the times specified above, plus any extensions of time allowed. 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 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 Work is substantially complete.
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.
3.2 Substantial Completion
3.2.1 "Substantial Completion" shall mean that stage in the progression of the work
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
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.
ARTICLE IV
CONTRACT PRICE
4.1 The Contract Price
4.1 .1 The owner shall pay, and the contractor shall accept, as full and complete
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.
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
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
accuracy. The contractor shall not imbalance its schedule of values nor artificially
11/10/98 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-4
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
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
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
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.
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
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
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
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
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
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
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
County Engineer's certification of the contractor's application for payment shall not
preclude the owner from the exercise of any of its rights asset forth in paragraph 5.3
hereinbelow.
1 1/10/98 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-5
5.2.4 The contractor warrants 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
free and clear of liens, claims, security interest or other encumbrances in favor of
the contractor or any other person or entity whatsoever.
r 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
which such subcontractor is entitled. If the contractor does not pay the
subcontractor the amount due, the subcontractor may only seek payment from the
contractor's public construction bond surety. 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
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.
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
the contractor, to protect the owner from loss because of:
(a) defective work not remedied by the contractor nor, in the opinion of
the owner, likely to be remedied by the contractor;
(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
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;
(e) evidence that the work will not be completed in the time required for
substantial or final completion;
(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,
liable.
1 1/10/98 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-6
I 4
In the event that the owner makes written demand upon the contractor for
�} amounts 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
L ! 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
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
been received.
5.5 Substantial Completion
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,
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
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
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
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
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
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
the unpaid contract price, less any amount withheld pursuant to this contract.
Guarantees required by the contract shall commence on the -date of final
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completion of the work. If the County Engineer is unable to issue its final certificate
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.
5.6.1 .1 If the contractor fails 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
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
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
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. If unpaid, subcontractors and materialmen must seek payment from the
contractor's public construction bond surety.
5.6.3 The owner shall make final payment of all sums due the contractor per
Section 01027 of the Technical Specifications 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
payment.
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ARTICLE VI
THE OWNER,
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 dnd 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
surveys, legal limitations and utility locations (if known), and a legal description of
the project site.
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
occupancy of permanent structures or for permanent changes in existing facilities.
6.1.3 The owner shall furnish the contractor, free of charge, 2 copies of the
contract documents for execution of the work. The contractor will be charged, and
shall pay the owner, $ 25.00 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
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
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.
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.
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
requirements may be considered defective.
7.6 The contractor shall obtain and pay for all fees and licenses necessary and
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
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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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 less 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.
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
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
record documents shall be delivered to the owner.
7.10 Shop Drawings, Product Data and Samples
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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7.10.2 The contractor shall not perform any portion of the work requiring submittal
-1 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
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
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.
7.12 Access to Work
7.12.1 The owner and the County Engineer shall have access to the work at all times
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
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, loss or expense is attributable
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
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.
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.
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
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
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.
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
thereof, but shall not be responsible for such defense or loss 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
1 1/10/98 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-12
design, process or product is an infringement of a patent, the contractor shall be
responsible for such loss unless such information is promptly furnished to the County
Engineer.
ARTICLE VIII
CONTRACT ADMINISTRATION •
8.1 Claims by the Contractor
_ 8.1 .1 All contractor claims shall be initiated by written notice and claim to the
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
condition, giving rise to the claim.
8.1 .2 Pending final resolution of any claim of the contractor, the contractor shall
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
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
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
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.
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
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
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
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
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
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
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
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.
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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ARTICLE X
CHANGES 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
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 Changes in the Contract 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
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
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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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
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
arising out of or resulting from the work included within or affected by the executed
change order.
10.6 Notice to Surety; Consent
10.6.1 The contractor shall notify and obtain the consent and approval of the
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
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.
ARTICLE XI
UNCOVERING AND CORRECTING WORK
11.1 Uncovering Work
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
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
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,
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.
11.2 Correcting Work
11 .2.1 The contractor shall immediately proceed to correct work rejected by the
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.
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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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
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.
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
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
specifically correct the work.
11.3 Owner May Accept Defective or Nonconforming Work
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
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
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
- County Engineer, terminate performance under this contract and recover from
thethe 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 .2If the owner shall persistently or repeatedly fail to perform any material
obligation to the contractor for a period of fifteen (15) days after receiving written
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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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
under this contract by the contractor for convenience. The owner shall give written
notice of such termination to the contractor specifying when termination becomes
effective.
12.2.1 .2 The contractor shall incur no further obligations in connection with the
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
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.
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,
information and contract rights as the contractor has.
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
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.
(b) The owner and the contractor may agree to the compensation, if
any, due to the contractor hereunder.
(c) Absent agreement to the amount due to the contractor, the
owner shall pay the contractor the following amounts:
(i) Contract prices for labor, materials, equipment and other
services accepted under this contract;
(ii) Reasonable costs incurred in preparing to perform and in
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);
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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profit shall be allowed or included and the amount of compensation shall be
reduced to reflect the anticipated rate of loss, if any;
(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
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
payment.
12.2.2 For Cause:
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
subcontractors or for materials or labor, or persistently disregards laws, ordinances,
rules, regulations or orders of any public authority having jurisdiction, or otherwise is
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
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.
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
subparagraph 12.2.1 and the provisions of subparagraph 12.2.1 shall apply.
ARTICLE XIII
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
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
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
without written consent of the owner.
if
14.3 Surety Bonds
14.3.1 The contractor shall furnish the public construction bond in the amount and
form set forth in Section 255.05, Florida Statutes.
14.4 Public Entity Crime Statement
14.4.1 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
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,
for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
1
Li 14.5 Trench Safety
14.5.1 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.).
14.6 Contingency
14.6.1 Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners.
14.7 Effective Date
14.7.1 This contract will take effect on the date of the Notice to Proceed.
1 1/10/98 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-20
IN WITNESS WHEREOF, each party has caused this Agreement to be executed
by its duly authorized representative this day of
1998.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By: By
Deputy Clerk Mayor/Chairman
Date
(SEAL) CONTRACTOR
Attest:
By: By:
Title: Title:
END OF SECTION 00500
1 1/10/98 FIXED PRICE CONTRACT BETWEEN OWNER AND CONTRACTOR 00500-21
SECTION 00850
PUBLIC CONSTRUCTION BOND
BY THIS BOND, We , as Principal
and , a corporation, as Surety, are
bound to , herein called Owner, in
the sum of $ , for payment of which
we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly
and severally.
THE CONDITION OF THIS BOND is that if Principal:
1 . Performs the contract dated , 19 , between
Principal and Owner for construction of
SUMMERLAND KEY ROADS III
ROADWAY IMPROVEMENTS
Summerland Key
Monroe County, Florida
the contract being made a part of this bond by reference, at the times and in
the manner prescribed in the contract; and
2. Promptly makes payments to all claimannts, as defined in Section 255.05(1),
Florida Statutes, supplying Principal with labor, materials, or supplies, used
directly or indirectly by Principal in the prosecution of the work provided for in
the contract; and
3. . Pays Owner all losses, damages, expenses, costs, and attorney's fees,
including appellate proceedings, that Owner sustains because of a default
by Principal under the contract; and
4. Performs the guarantee of all work and materials furnished under the contract
for the time specified in the contract, then this bond is void; otherwise it
remains in full force.
11/10/98 PUBLIC CONSTRUCTION BOND 00850-1
Any changes in or under the contract documents and compliance or
noncompliance with any formalities connected with the contract or the changes
does not affect Surety's obligation under this bond.
Dated , 19 .
(Name of Principal)
• By
(As Attorney in Fact)
(Name of Surety)
END OF SECTION 00850
11/10/98 PUBLIC CONSTRUCTION BOND 00850-2
1996 Edition
it
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
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
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
Contractor's failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required
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.
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.
11/10/98 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-1
� 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 County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
I__' 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.
1 1/10/98 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.
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
--j
INSCKLST
1 1/.1 0/98 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-3
1996 Edition
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
- Premises Operations - Products and Completed Operations
- Blanket Contractual - Personal Injury
- Expanded Definition
of Property Damage
Required Limits:
GL1 X $ 100,000 per Person; $300,000 per Occurrence
Prop
erty Pro
$ P Y Damage
or
$ 300,000 Combined Single Limit
GL2 $ 250,000 per Person; $500,000 per Occurrence
$ 50,000 Property Damage
or
$ 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:
GLXCU X Underground, Explosion and Collapse (XCU)
GLLIQ Liquor Liability
GLS Security Services
All endorsements are required to have the same limits as the basic policy.
INSCKLST
1 1/10/98 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-4
1 1996 Edition
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
- Owned; Nonowned; and Hired Vehicles
Required Limits:
VL1 X $ 50,000 per Person; $100,000 per Occurrence
$ 25,000 Property Damage
or
$ 100,000 Combined Single Limit
VL2 $ 100,000 per Person; $300,000 per Occurrence
$ 50,000 Property Damage
or
$ 300,000 Combined Single Limit
VL3 $ 500,000 per Person; $1,000,000 per Occurrence
$ 100,000 Property Damage
or
$1,000,000 Combined Single Limit
VL4 $ 5,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
BR1 Builders' Risk Limits equal to the completed project.
MVC Motor Truck Limits equal to the maximum value of any one
Cargo shipment.
PRO] Professional $ 250,000 per Occurrence / $ 500,000 Agg.
PRO2 Liability $ 500,000 per Occurrence / $ 1,000,000 Agg.
PROS $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.
POL3 $5,000,000 per Occurrence / $10,000,000 Agg.
ED1 Employee $ 10,000
ED2 Dishonesty $ 100,000
GK1 Garage $ 300,000 ($ 25,000 per Veh.)
GK2 Keepers $ 500,000 ($100,000 per Veh.)
GK3 $1,000,000 ($250,000 per Veh.)
INSCKLST
11/10/98 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-5
1996 Edition
MED1 Medical $ 250,000/$ 750,000 Agg.
MED2 Professional $ 500;000/$ 1,000,000 Agg.
MED3 $1,000,000/$ 3,000,000 Agg.
MED4 $5,000,000/$10,000,000 Agg.
IF Installation Maximum Value of Equipment Installed Floater
VLP1 Hazardous $ 300,000 (Requires MCS-90)
VLP2 Cargo $ 500,000 (Requires MCS-90)
VLP3 Transporter $1,000,000 (Requires MCS-90)
BLL Bailee Liab. Maximum Value of Property
HKL1 Hangarkeepers $ 300,000
HKL2 Liability $ 500,000
HKL3 $ 1,000,000
AIR 1 Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AIRS $50,000,000
AEO1 Architects $ 250,000 per Occurrence/$ 500,000 Agg.
AEO2 Errors & $ 500,000 per Occurrence/$1,000,000 Agg.
AEO3 Omissions $ 1,000,000 per Occurrence/$3,000,000 Agg.
EO1 Engineers $ 250,000 per Occurrence/$ 500,000 Agg.
E02 Errors & $ 500,000 per Occurrence/$1,000,000 Agg.
E03 Omissions $ 1,000,000 per Occurrence/$3,000,000 Agg.
INSCKLST
1 1/10/98 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-6
1996 Edition
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
Liability policies are Occurrence Claims Made
Insurance Agency Signature
BIDDER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply
in full with all the requirements.
Bidder Signature
INSCKLST
11/10/98 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-7
1996 Edition
WORKERS' COMPENSATION.
INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$ 100,000 Bodily Injury by Accident
$ 500,000 Bodily Injury by Disease, policy limits
$ 100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire 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
Contractor may be required to submit a Letter of Authorization issued by the Department of
Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance
Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the Contractor may be required to submit updated financial
statements from the fund upon request from the County.
l _I WC1
11/10/98 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-8
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the
contract and include, as a minimum:
- Premises Operations
- Products and Completed Operations
- Blanket Contractual Liability
- Personal Injury Liability
- Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$ 300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 100,000 per Person
$ 300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy,
its provisions should include coverage for claims filed on or 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.
The Monroe County Board of County Commissioners shall be named as Additional Insured
on all policies issued to satisfy the above requirements.
GL1
11/10/98 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-9
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN
MONROE COUNTY, FLORIDA
AND
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
underground) exposures with limits of liability equal to those of the General Liability
Insurance Policy.
GLXCU
1 1/10/98 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-10
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT:
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a
minimum, liability coverage for:
- Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$ 100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$ 100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured
on all policies issued to satisfy the above requirements.
Li
r-,
I i' VL1
END OF SECTION 00900
1 1/10/98 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-11
SECTION 01000
SPECIAL CONDITIONS
1 .1 SCOPE
A. The Project consists of roadway improvements to local subdivision roads
_ known as SUMMERLAND KEY ROADS III which includes regrading roadway
shoulders, leveling, resurfacing, 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,
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
which shall be included in the unit prices for items in the bid.
1 .4 CONTRACTOR'S OFFICE
A. The Contractor shall provide 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
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
1 1/12/98 SPECIAL CONDITIONS 01000-1
right-of-way must be removed or destroyed incident to the construction
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
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
incidental & cost shall be included in the bid price of the items listed in the
bid.
1 .6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES
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
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
existing utilities. He shall assist the utility companies, by every means
possible to determine said locations. Extreme caution shall be exercised to
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.
C. All existing utility castings, including valve boxes, junction boxes, manholes,
hand holes, pull boxes, inlets and similar structures in the areas of
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
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
utility castings to grade shall be considered incidental and shall be
included in the cost of the items listed in the proposal.
1 .7 TESTS
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
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
11/12/98 SPECIAL CONDITIONS 01000-2
i
perform all required tests. Copies of said test results shall be forwarded
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 less than that shown
on the plans.
1 .8 RECORD DRAWINGS
A. Record Drawings will not be required for this project.
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
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 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 PROJECT SIGNS
A. The sign shall be constructed and installed by the Contractor. See
Appendix "B" of this Section for the layout of sign. The sign shall be
constructed on 4' x 8' x 3/4" exterior plywood and readable at eye level.
The colors to be used are white for the background and black for all
lettering. All paint shall be rated outdoor enamel. The Monroe County seal
will be supplied by the Engineering Department of Public Works at no cost
to the contractor. The sign locations shall be determined prior to beginning
work by the Engineer. The cost for the signs shall be covered in other parts
of the work. See Sec. 1000, page 7 for details.
1 .11 MAINTENANCE OF TRAFFIC
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
1 1/12/98 SPECIAL CONDITIONS 01000-3
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.
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.
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
event of detour of any roadway.
D. All traffic control signs and devices, barricades, flashers, flambeaus and
similar devices shall be furnished and maintained by the Contractor.
E. Construction shall be conducted in such a manner to cause the least
possible interruption to traffic. Necessary access to and from adjacent
properties shall be provided at all times.
1 .12 BARRICADES AND PROTECTION OF WORK
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 .13 EXTRA NON-CONTRACT WORK
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
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
assume no responsibility for work performed on said private property.
The Contractor should understand that the execution of this contract
takes precedence over any other private works,.
11/12/98 SPECIAL CONDITIONS 01000-4
r
1.14 HANDOUT TO RESIDENTS
A. To insure that residents in the various areas affected by this project are
aware of the scope and intent of the work, the Contractor will distribute
to each house in the project a letter similar to that shown in Appendix
A. Each household shall be informed when they can expect to
encounter traffic disruption and this notification shall be given at least
48 hours prior to the commencement of construction.
11/12/98 SPECIAL CONDITIONS 01000-5
APPENDIX A
Date:
Residents of: (list name of Street, Subdivision, Key)
has been awarded a contract by the
(Contractor)
Monroe County Board of County Commissioners to improve your residential area by
(specify what type work will be performed)
We anticipate these improvements will commence sometime during the period _
(date) to (date). During this period of construction, you
may experience a short delay in street traffic or a temporary delay in entering or
leaving your driveway. At no time will the streets be closed to traffic.
This is your tax dollars being put to work for your benefit by your Board of County
Commissioners and the Monroe County Public Works Department.
Any questions may be directed to:
Contractor: (Name) (Phone No.)
Public Works: David S. Koppel, P.E.
County Engineer
Phone: 292-4426 (Key West)
11/12/98 SPECIAL CONDITIONS 01000-6
APPENDIX B
0
wo MMERLAND KEY ROADS III 0
ROADWAY IMPROVEMENTS
;. ;M-
k = COUNTY ADMINISTRATOR
BOARD OF COUNTY COMMISSIONERS JAMES L.ROBERTS
MAYOR WILHELMINA HARVEY,DISTRICT 1 �O
DIRECTOR OF PUBLIC WORKS
GEORGE NEUGENT,DISTRICT 2 DENT PIERCE
MAYOR PRO TEM DR.SHIRLEY FREEMAN,DISTRICT 3 COUNTY ENGINEER
DAVID S.KOPPEL,P.E.
NORA WILLIAMS,DISTRICT 4
CONTRACTOR:
MARY KAY REICH,DISTRICT 5
PROJECT COST: $XXX.XX
O
PROJECT SPONSORED BY THE MONROE COUNTY BOARD OF COMMISSIONERS
FUNDS PROVIDED FROM GASOLINE TAXES AND TRANSPORTATION IMPACT FEES
O 3"
I; ti ) = 1 1/2"
HOC =1"(All names to be bold type)
See Special Provisions (01000), paragraph 10 for detail concerning
construction of project sign.
/T A
2'X4'PE—
V
A
E-4"X4'P.T.—.
;t
Bolt sign to frame thru 4"X4" members
with six galvanized 5/8" X 6" bolts with
washers and nuts.
All wood framing to be pressure treated.
FRAME ELEVATION FOR PROJECT SIGN
END OF SECTION 01000
1 1/12/98 SPECIAL CONDITIONS 01000-7
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
by the Owner.
B. The prices stated in the proposal include all costs and expenses for
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
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
A. The quantities for payment under this Contract shall be determined for
those completed items, in place, ready for service and accepted by
the Owner, in accordance with the applicable method of
measurement therefore contained herein. A representative of the
Contractor shall witness any field measurements.
3.0 PAYMENT ITEMS
A. The first five (5) digits of an item number represent the Section in which
the item is specified.
7/26/99 MEASUREMENT AND PAYMENT 01025-1
Item 1 General Provisions: (00500)
a. Measurement and payment of individual items for General
Provisions will not be made, rather, all items shall be included in
the lump sum price.
b. Payment for General Provisions will be made at the Contract
lump sum price, which price and payment shall be full
compensation for all the Contractor's overhead and profit
required to complete the project as specified in the Scope of
Work.
Item 2 Maintenance of Traffic: (01000)
a. Measurement and payment of individual items for Maintenance
of Traffic will not be made, rather, all items shall be included in
the lump sum price.
b. Payment for Maintenance of Traffic will be made at the Contract
lump sum price, which price and payment shall be full
compensation for construction and maintenance of any
necessary detour facilities; the providing of necessary facilities for
access to residences, business, etc., along the project; the
furnishing, installing and maintaining of traffic control, barricades,
railings, warning lights, and other safety devices during
construction, the control of dust, and any other special
requirements for safe and expeditious movements of traffic as
called for in the Specifications, Sec. 01000, paragraph eleven,
and as shown on the Drawings.
c. Payment for Maintenance of Traffic will be made in the following
manner: up to 80% of the lump sum price on the first pay request,
dependent upon the percent (%) of work completed. The final
20% will be held until the Final Pay Request.
Item 3 Sitework (02209), (02220) and (02951)
a. Measurement and payment of individual items for Sitework will
not be made, rather all items shall be included in the lump sum
price.
b. Payment for Sitework will be made at the Contract lump sum
price, which price and payment shall be full compensation for
clearing, excavating, backfilling and grading the area required
for the construction of the roadway and shoulders, landscape
7/26/99 MEASUREMENT AND PAYMENT 01025-2
1
removal, excess asphalt removal and installation of new grate for
an existing catch basin.
Item 4 Invasive Exotic Tree Removal (02951)
a. Measurement and Payment for Invasive Exotic Tree Removal will
not be made for each tree, rather, all items shall be included in
the lump sum price.
b. Payment for Invasive Exotic Tree Removal will be made at the
Contract lump sum price, which price shall be full compensation
for all materials, equipment and labor necessary for the
complete removal, including roots, of all invasive exotic trees in
the public right of way. Payment shall also be made at the lump
sum price for the alternate trimming of invasive exotic trees where
applicable.
Item 5 Optional Base Course (02232) or (02513)
a. The quantity of Optional Base Course to be paid for, will be the
plan quantity as bid, unless modified in the field.
b. Payment for Optional Base Course will be made at the Contract
unit price per Square Yard, irrespective of the thickness, provided
it meets the minimum required. This price shall be full
- compensation for all labor, equipment, material, testing,
transportation, compaction and all incidentals, necessary to
complete the item in place.
Item 6 Type S-III Asphaltic Concrete Leveling Course
(1/2" min. compacted thickness) (02513)
a. The quantity of Type S-III Asphaltic Concrete Leveling course, 1/2"
min. thickness, to be paid for, will be the plan quantity as bid
unless modified in the field.
b. Payment for Type S-III Asphaltic Concrete Leveling Course, 1/2"
min. thickness, will be made at the Contract unit price per Square
Yard, which price shall be full compensation for bituminous tack
coat, bituminous material, aggregate, labor, equipment, testing,
transportation, compaction and all incidentals necessary to
complete the item in place. Payment for the "additional leveling"
as noted in the Plans shall be from this bid item.
7/26/99 MEASUREMENT AND PAYMENT 01025-3
Item 7 Type S-III Asphaltic Concrete Surface Course
(1" min. compacted thickness) (02513)
a. The quantity of Type S-III Asphaltic Concrete Surface Course, one
inch compacted thickness, to be paid for, will be the plan
quantity as bid unless modified in the field.
b. Payment for Type S-III Asphaltic Concrete Surface Course, one
inch compacted thickness, will be made at the Contract unit
price per Square Yard, which price shall be full compensation for
bituminous tack coat, bituminous material, aggregate, labor,
equipment, testing, transportation, compaction and all
incidentals necessary to complete the item in place.
Item 8 Temporary Paint Striping (2580)
a. Measurement and payment of individual items for Temporary
Paint Striping will not be made, rather, all items shall be included
in the lump sum price.
b. Payment for Temporary Paint Striping, will be made at the
Contract lump sum price, which price and payment shall be full
compensation for all materials, labor and equipment necessary
to complete the work as called for in the Specifications and as
shown on the Plans.
Item 9 6" Solid Yellow Line (Thermo)
Item 10 6" Yellow Skip-Stripe (Thermo)
Item 11 24" White Stopbar (Thermo)
Item 12 12" White Stripe - Bike Crossing (Thermo)
Item 13 6" White Stripe for Hunt Lane (Thermo)
Item 14 8" White Stripe (Gore) for Horace Street (Thermo)
(02580)
a. The quantity of Pavement Markings including 6" solid, 6" skip, 8"
solid, 12" solid and 24" solid striping to be paid will be the plan
quantity unless modified in the field. This quantity is based upon
actual applied striping and does not include measurement of
gaps.
b. Payment for Pavement Markings will be made at the contract
unit price per linear foot, which price shall be full compensation.
for all materials, tools, equipment, labor and.work necessary to
complete the item.
7/26/99 MEASUREMENT AND PAYMENT 01025-4
Item 15 White "Stop" Message (Thermo) (02580)
a. The quantity of White "Stop" Messages to be paid will be the plan
quantity unless modified in the field.
b. Payment for White "Stop" Messages will be made at the contract
unit price each, which price shall be full compensation for all
labor, materials and equipment necessary to complete this item.
Item 16 White Bike Lane Diamond
(02580)
a. The quantity of Bike Diamonds and Turn Lane Arrows to be paid
will be the plan quantity unless modified in the field.
b. Payment for Bike Diamonds and Turn Lane Arrows will be made
at the contract unit price per item, which price shall be full
payment for all materials, tools, equipment, labor and work
necessary to complete installation.
Item 17 Traffic Sign with Posts (10425)
Item 18 Additional Posts (10425)
Item 19 Delineators (10425)
a. The quantity of Traffic Signs, Posts, Additional Sign Posts, and
Delineators to be paid will be the plan quantities unless modified
in the field.
b. Payment for Traffic Signs, Posts, Additional Sign Posts, and
Delineators will be made at the contract unit price per sign or
post, which price shall be full compensation for all materials,
equipment, labor and work necessary to complete the items.
END OF SECTION 01025
7/26/99 MEASUREMENT AND PAYMENT 01025-5
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
the required format for submitting invoices. A copy of these forms are
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
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 on the Application for
Payment form identifying the progress, retention, and payment
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 notarized signature of authorized officer.
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
A. Initial Payment Application:
The following documentation must be submitted prior to processing the
initial payment application:
3/30/99 APPLICATION FOR PAYMENT 01027-1
1 . Approved schedule of values
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
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.
Indicate Application number and date., and line item by number and
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
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
those supplied.
_ I
3/30/99 APPLICATION FOR PAYMENT 01027-2
r -- _--- - - -- f
CONTRACTOR'S
G, APPLICATION AND CERTIFICATE FOR PAYMENT
co
o TO: (Owner) FROM: (Contractor) APPLICATION NO.:
43
,00 PROJECT: CONTRACT DATE: PERIOD ENDING:
NOTICE TO PROCEED EFFECTIVE DATE: CONTRACT DURATION: CONTRACT EXPIRATION:
Change Order Summary Application is made for Payment, as shown below, in connection with the
Number Date +/-Amount +/-Time Application Worksheet which must be submitted with this application.
1. Original Contract Amount: $
2. Total Change Order Amount: $
TOTAL C.O. AMOUNT: _ - 3. Contract sum to date: $
y REVISED CONTRACT EXPIRATION DATE: 4. Total Work Completed to date: (see I.on worksheet) $
-o 5. Retainage: (1 o%of line 4) $
r The undersigned Contractor certifies that to the best of the
C) Contractor's knowledge,information and belief,the Work 6. Total Earned minus Retainage: (line 4 less line 5) $ -
covered by this Application for Payment has been completed in 7. Previous Payments: (line 6,from previous application) $
0 accordance with the Contract Documents,that all amounts 8. Current Payment Due: (line 6 less line 7) $
Z have been paid by the Owner for Work for which previous
T Certificates for Payment were issued and payments received 9. Balance to finish, incl. Retainage: (line 3 minus line 6)$
O from the Owner, and that current payment is now due.
m
y CONTRACTOR: State of: County of:
BY:
Subscribed and sworn to me this day of
'
Z DATE: Notary Public:
My Commission expires:
MONROE COUNTY'S CERTIFICATE OF PAYMENT AMOUNT CERTIFIED FOR PAYMENT: $
(See Attached Explanation if Amount Certified differs from Application Amount)
O In accordance with the Contract Documents, based on on-site
observations and the data in the above application, the County
o Engineer certifies that to the best of the Engineer's knowledge, COUNTY ENGINEER: DATE:
V information and belief, the Work has progressed as indicated, the (David S. Koppel, P.E.)
co
quality of Work is in accordance with the Contract Documents,
and the Contractor is entitled to payment of the AMOUNT COUNTY APPROVED: DATE:
CERTIFIED. (Dent Pierce, Director of Public Works)
This Certificate is not negotiable. The AMOUNT CERTIFIED is
payable only to the Contractor named here. Issuance, payment COUNTY APPROVED: DATE:
and acceptance of payment are without prejudice to any rights (James L. Roberts, County Administrator)
of the Owner or Contractor under this Contract.
--- - - - - -- t - - - -- `--- — - - - --- -'-- �- -- ,'---
CONTRACTOR'S
APPLICATION AND CERTIFICATE FOR PAYMENT - Worksheet
PROJECT NAME: APPLICATION NO.: APPLICATION DATE:
N° A. B. C. D. E. F. G. H. I. J.
WORK COMPLETED TOTAL
ITEM UNIT TOTAL MATERIALS WORK AND
NO. DESCRIPTION QTY. COST AMOUNT FROM PREVIOUS THIS STORED MATERIALS
APPLICATION PERIOD (NOT F OR G) (F+G+H) (I/E)
•
-D
n
D
0
z
T
0
D
m
z
O
O
N
TOTAL:
CONSENT OF SURETY COMPANY
TO FINAL PAYMENT
PROJECT: ,
(Address)
TO: (Owner)
CONTRACTOR:
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)
, SURETY COMPANY, on bond of
(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
obligation to
(here insert name and address of Owner)
OWNER, as set forth in the said Surety Company's bond.
IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of
19
Surety Company
Signature of Authorized Representative
Title
3/30/99 APPLICATION FOR PAYMENT 01027-7
CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS
TO OWNER: CONTRACT FOR:
(Name and address) CONTRACT DATE:
PROJECT:
(Name and address)
State of:
County of:
The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction,
AIA Document A201,hereby certifies that,except as listed below,he has paid in full or has
otherwise satisfied all obligations for all materials and equipment furnished,for all work,labor,and
services performed,and for all 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.
EXCEPTIONS: (If none,write"None". If required by the Owner,the Contractor shall furnish bond
satisfactory to the Owner for each exception).
SUPPORTING DOCUMENTS ATTACHED
HERETO: CONTRACTOR:
1. Consent of Surety to Final
Payment. Whenever Surety is
involved,Consent of Surety is Address:
required. AIA DOCUMENT G707,
CONSENT OF SURETY,may be used
for this purpose. Indicate
attachment: yes( )no( ) By:
The following supporting documents should
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
Liens,conditional upon receipt of
final payment.
Notary Public:
2. Separate Releases or Waivers of
Liens from Subcontractors and
material and equipment suppliers,
to the extent required by the
Owner,accompanied by a list
thereof.
My Commission Expires:
3. Contractor's Affidavit or Release
of Liens(AIA DOCUMENT G706A).
3/30/99 APPLICATION FOR PAYMENT 01027-8
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT: CONTRACT FOR:
(Name and address) CONTRACT DATE:
TO OWNER: TO CONTRACTOR:
(Name and address) (Name and address)
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
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
Work for its intended use. The date of Substantial Completion of the Project or portion thereof
designated above is hereby established as
which is also the date of commencement of applicable warranties required by the Contract
Documents,except as stated below:
A list of items to be completed or corrected is attached hereto. The failure to include any items on
such list does not alter the responsibility of the Contractor to complete all Work in accordance
with the Contract Documents.
ARCHITECT BY DATE
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
The Owner accepts the Work or designated portion thereof as substantially complete and will
assume full possession thereof at -_ __(time),on
(date).
OWNER BY DATE
The responsibilities of the Owner and the Contractor for security,maintenance, heat,utilities,
damage to the Work and insurance shall be
as follows:
Note-Owners and Contractors legal and insurance counsel should determine and review
insurance requirements and coverage.
3/30/99 APPLICATION FOR PAYMENT 01027-9
END OF SECTION 01027
r l
3/30/99 APPLICATION FOR PAYMENT 01027-10
SECTION 01301
SUBMITTALS
PART 1 - GENERAL
1 .1 SUMMARY
A. Section includes: Submit to the County Engineer, submittal schedule,
shop drawings, product data, certifications and samples required by
the Technical Specifications.
B. Related Sections:
1 . Individual submittals required: refer to each specific section, for
certifications, shop drawings, product data and sample
requirements.
C. The Contractor shall allow a minimum of (1) week for review of
submittal by the County Engineer (in calendar days).
1 .2 SUBMITTAL SCHEDULE
A. The Contractor shall submit within seven (7) days of award of the
Contract a preliminary "Submittal Schedule" to the County Engineer for
review, modification and response. No payment applications will be
processed prior to finalizing the submittal schedule. The "Submittal
Schedule" shall contain the following information:
1 . Specification Section number and name.
2. Specification Section paragraph identification which describes
submittal requirement.
3. Submittal information required, (i.e., sample, test data, shop
drawing, etc.).
B. The Contractor shall also supply the following dates in order to meet the
project schedule.
1 . Date submittal is scheduled to be submitted and received by the
County Engineer.
2. Date Contractor has scheduled to order material or other
equipment or the submittal item.
3/30/99 SUBMITTALS 01301-1
Li
3. Date Contractor has scheduled delivery to job-site of material or
equipment or th'e submittal item.
_
4. Add any remarks or unique items that the County Engineer should
be aware of.
C. The Contractor shall allow a minimum of one (1 ) week for review of
submittal by the County Engineer (in calendar days).
D. The submittal master record will then be used to track submittals within
the process.
1 .3 SHOP DRAWINGS
A. Submit legible shop drawings in the form of positive printing
reproducible transparencies, commonly called sepia prints, suitable for
reproduction use on dry print diazo type machines. Sepia prints which
cannot be reproduced will be returned to the Contractor for
resubmittal.
B. Provide shop drawings as complete submittals (no partial sets) on
original drawings or information prepared solely by the fabricator or
supplier. Deviation from complete submittals will only be allowed by
pre-arranged method.
C. Do not reproduce the Contract Drawings for shop drawing submittals.
D. Sheet sizes shall not exceed the size of the Contract Drawings.
E. Each sepia print shall have blank spaces large enough to accept 4" x 4"
review stamps of the County Engineer and the Contractor.
F. Each sepia print shall carry the following information:
1 . Project name and contract number.
2. Date.
3. Names of:
a. The County Engineer
b. The Contractor
c. Supplier
3/30/99 SUBMITTALS 01301-2
d. Manufacturer
4. Identification of product or material.
5. Relation to adjacent structure or materials.
6. Field dimensions, clearly stated as such.
7. Specification Section number.
8. Applicable standards such as ASTM or Federal Specification.
9. Identification of deviations from Contract Documents.
10. Reference to construction drawings by drawing number and/or
detail number.
G. Submit sepia prints without folds either as flat sheets if size permits, or
rolled in tubes.
H. The Contractor shall submit (1) reproducible and (1) copy to the County
Engineer. The County Engineer will return (1) copy to the Contractor.
1 .4 PRODUCT DATA
A. Product data such as catalog cuts, brochures or manufacturer's sheets
may be submitted in lieu of sepia prints if adequately identified. Submit
two copies of product data to the County Engineer.
B. Modify product data sheets to delete information which is not
applicable to the Project. Provide additional information if necessary to
supplement standard information.
C. Product data sheets that are submitted with extraneous information not
deleted and/or modified will be returned without review to the
{ Contractor for resubmittal.
D. The Contractor shall submit at a minimum, (1) original and (1) copy to
the County Engineer. The County Engineer will return (1) copy to the
Contractor after review.
J
1 .5 SAMPLES
A. Provide samples to illustrate materials, equipment or workmanship, and
to establish standards by which completed work may be judged.
3/30/99 SUBMITTALS 01301-3
B. The Contractor shall submit (2) samples to the County Engineer, and (1 )
will be returned to the Contractor after review.
1 .6 CERTIFICATIONS
A. Provide certifications as required by various technical sections on the
Contractor's letterhead stationary. Certifications shall be identified to
this Project, dated and bear Contractor's signature in the same format
used for the Owner/Contractor agreement.
B. Clearly identify the materials referenced and state that the material
and the intended installation methods, where applicable, are in
compliance with the Contract Documents. Attach manufacturer's
affidavits where applicable.
C. The Contractor shall submit (1) original and (1) copies to the County
Engineer. The County Engineer will return (1) sets to the Contractor after
review.
r-,
1 .7 THE CONTRACTOR'S RESPONSIBILITIES
A. Before making submittals to the County Engineer, review each
submittal, make changes or notations as necessary to conform to the
Contract Documents, identify such review with review stamp and
forward reviewed submittal with comments to the County Engineer for
review. Return submittals not meeting Contract requirements to
subcontractors and do not forward such submittals to the County
Engineer.
B. Submit catalog sheets, product data, shop drawings and where
specified, submit calculations, material samples, color chips or charts,
test data, warranties and guarantees all at the same time for each
submittal item.
C. Verify field measurements and product catalog numbers or similar
data.
D. Clearly identify on the submittal and transmittal to the County Engineer
in writing of deviations in submittals from the requirements of the
Contract Documents.
E. After the County Engineer's review, distribute copies with one copy to
be maintained at the Project Site for reference use and other copies
distributed to suppliers and fabricators.
3/30/99 SUBMITTALS 01301-4
I I
F. Do not begin the Work which requires submittals until return of submittals
with the County Engineer's stamp and initials indicating review.
G. The Contractor's responsibility for errors and omissions in submittals is not
relieved by the County Engineer's review of submittals.
H. The Contractor's responsibility for deviations in submittals from
requirements of the Contract Documents is not relieved by the County
Engineer's review of submittals unless the County Engineer gives written
acceptance of specific deviations.
1 .8 THE ENGINEER'S RESPONSIBILITIES
A. The County Engineer will review submittals with reasonable promptness,
checking only for conformance with the design compliance of the
Project and compliance with information given in the Contract
Documents.
B. The County Engineer will make changes or notations directly on the
submittal, identify such review with his review stamp, and return the
submittal to the Contractor.
C. The County Engineer will return to the Contractor, without review, all
submittals not bearing the Contractor's review stamp or not showing it
has been reviewed by the.Contractor.
D. The County Engineer will forward submittals to the Contractor and
retain one copy for the Owner. The Contractor shall distribute copies
including other copies distributed to suppliers and fabricators. The
Contractor shall supply copies of reviewed submittals to the County's
Inspector in sufficient quantity to allow proper coordination of the
Contract.
END OF SECTION 01301
.J
3/30/99 SUBMITTALS 01301-5
SECTION 01560
TEMPORARY CONTROLS
PART 1 - GENERAL
1 .1 SUMMARY
A. Section Includes:
1 . Water control
2. Dust control
3. Erosion and sediment control
4. Pollution control
1 .2 WATER CONTROL
A. Site Grading Contractor shall grade site to drain.
B. Protect site from puddling or running water. Provide water barriers to
protect site from soil erosion. Maintain excavations free of water.
Provide, operate, and maintain pumping equipment if necessary.
1 .3 DUST CONTROL
A. Execute the Work by methods to minimize raising dust from construction
operations.
B. Provide positive means to prevent airborne dust from dispersing into
atmosphere.
1 .4 EROSION AND SEDIMENT CONTROL
A. Plan and execute construction by methods to control surface drainage
from cuts and fills, from borrow and waste disposal areas. Prevent
erosion and sedimentation.
B. Minimize amount of bare soil exposed at one time.
C. Provide temporary measures such as berms, dikes, and drains, to
prevent water flow.
02/12/98 TEMPORARY CONTROLS 01560-1
D. Construct fill and waste areas by selective placement to avoid erosive
surface silts or clays.
E. Inspect earthwork to detect evidence of erosion and sedimentation;
promptly apply corrective measures.
1 .5 POLLUTION CONTROL
A. Provide methods, means, and facilities to prevent contamination of soil,
water, and atmosphere from discharge of noxious, toxic substances,
and pollutants produced by construction operations.
END OF SECTION 01560
02/12/98 TEMPORARY CONTROLS 01560-2
SECTION 01595
CONSTRUCTION CLEANING
PART 1 - GENERAL
1 .1 SUMMARY
A. Section includes: Cleaning during progress of work.
1 .2 DISPOSAL REQUIREMENTS
A. Conduct cleaning and disposal operations to comply with codes,
ordinances, regulations, and anti-pollution laws.
1 . Do not burn or bury rubbish and waste materials on Project Site.
PART 2 - PRODUCTS.
2.1 MATERIALS
A. Use only those cleaning materials which will not create hazards to
health or property and which will not damage surfaces.
PART 3 - EXECUTION
3.1 DURING CONSTRUCTION
A. Execute cleaning to keep the Work, the Site and adjacent properties
free from accumulations of waste materials, rubbish and windblown
debris, resulting from construction operations.
B. Provide on-site containers for the collection of waste materials, debris,
and rubbish.
C. Dispose of waste materials, debris and rubbish off the site.
D. Trash containers shall be provided by Contractor and located in trash
accumulation areas designated by the County Engineer. Contractor
each day shall collect and deposit in the containers, all rubbish, waste
materials, debris, and other trash from his operations, including any
trash generated by his employees during Lunch periods or coffee
breaks. Shipping dunnage is to be removed by the receiving
Contractor. Paper, boxes and bulk packaging shall be folded or cut
into reasonable sizes and shapes as appropriate and confined to
3/30/99 CONSTRUCTION CLEANING 01595-1 •
prevent loss of trash due to wind relocation. Full trash containers shall
be disposed and replaced as necessary to maintain above
requirements and/or as directed by the County Engineer.
END OF SECTION 01595
3/30/99 CONSTRUCTION CLEANING 01595-2
SECTION 01630
POST-BID SUBSTITUTIONS
PART 1 - GENERAL
1 .1 SUMMARY
` A. Section includes: Post-bid substitutions
1 .2 SUBSTITUTIONS
A. Base Bid shall be in accordance with the Contract Documents.
B. After the end of the bidding period, substitution requests will be
considered only in the case of:
1 . Product unavailability
2. Other conditions beyond the control of the Contractor.
C. Submit a separate request for each substitution. Support each request
with the following information:
1 . Complete data substantiating compliance of proposed
substitution with requirements stated in Contract Documents:
a. Product identification, including manufacturer's name and
address.
b. Manufacturer's literature, identifying:
1 . Product description.
2. Reference standards.
3. Performance and test data.
c. Samples, as applicable.
d. Name and address of similar projects on which product has
been used and date of each installation.
2. Itemized comparison of the proposed substitution with product
specified, listing significant variations.
3/30/99 POST-BID SUBSTITUTIONS 01630-1
3. Data relating to changes in construction schedule.
4. Effects of substitution on separate contracts.
5. List of changes required in other work or products.
6. Accurate cost data comparing proposed substitution with
product specified.
a. Amount of net change to Contract Sum.
7. Designation of required license fees or royalties.
8. Designation of availability of maintenance services, sources of
replacement materials.
D. Substitutions will not be considered for acceptance when:
1 . A substitution is indicated or implied on shop drawings or product
data submittals without a formal request from Bidder.
2. Acceptance will require substantial revision of Contract
Documents.
3. In judgment of the County Engineer the substitution request does
not include adequate information necessary for a complete
evaluation.
4. Requested directly by a subcontractor or supplier.
E. Do not order or install substitute products without written acceptance of
the County Engineer.
F. County Engineer will determine acceptability of proposed substitutions.
G. No verbal or written approvals other than by Change Order will be
valid.
1 .3 CONTRACTOR'S REPRESENTATION
A. In making formal request for substitution the Contractor represents that:
1 . The proposed product has been investigated and it has been
determined that it is equivalent to or superior in all respects to the
product specified.
3/30/99 POST-BID SUBSTITUTIONS 01630-2
2. The same warranties or bonds will be provided for the substitute
product as for the product specified.
3. Coordination and installation of the accepted substitution into
the Work will be accomplished and changes as may be required
for the Work to be complete will be accomplished.
4. Claims for additional costs caused by substitution which may
subsequently become apparent will be waived by the
Contractor.
5. Complete cost data is attached and includes related costs under
the Contract, but not:
a. Costs under separate contracts.
1 .4 POST-BID SUBSTITUTION FORM
A. The form is attached to this section.
B. Substitutions will be considered only when the attached form is
completed and included with the submittal with back-up data.
3/30/99 POST-BID SUBSTITUTIONS 01630-3
POST-BID SUBSTITUTIONS FORM
To: County Engineer
5100 College Road
Key West, FL 33040
We hereby submit for your consideration the following product instead of the
specified item for the above project:
DRAWING NO. DRAWING NAME
SPEC. SEC. SPEC. NAME PARAGRAPH SPECIFIED ITEM
Proposed Substitution:
Attach complete information on changes to Drawing and/or Specifications which
proposed substitution will require for its proper installation.
Submit with request necessary samples and substantiation data to prove equal
quality and performance to that which is specified. Clearly mark manufacturer's
literature to indicate equality in performance.
The undersigned certifies that the function, appearance and quality are of equal
performance and assumes liability for equal performance, equal design and
compatibility with adjacent materials.
Submitted By:
Signature Title
Firm
Address
Telephone Date
Signature shall be by person having authority to legally bind his firm to the above
terms. Failure to provide legally binding signature will result in retraction of approval.
For use by the County Engineer:
3/30/99 POST-BID SUBSTITUTIONS 01630-4
Approved Not Approved Approved as noted
Insufficient data received
By
Date
Fill in Blanks Below:
A. Does the substitution affect dimensions shown on Drawings?
Yes _ No If yes, clearly indicate changes.
B. Will the undersigned pay for changes to the building design, including
engineering and detailing costs caused by the requested substitution?
Yes No If no, fully explain:
C. What effect does substitution have on other Contracts or other trades?
D. What effect does substitution have on construction schedule?
E. Manufacturer's warranties of the proposed and specified items are:
Same Different. Explain:
F. Reason for Request:
G. Itemized comparison of specified item(s) with the proposed substitution; list
significant variations:
3/30/99 POST-BID SUBSTITUTIONS 01630-5
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H. This substitution will amount to a credit or extra cost to the Owner of:
dollars ($ ).
,f I. Designation of maintenance services and sources:
(Attach additional sheets if required.)
END OF SECTION 01630
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