Item Q5 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 18,2014 Division: County Administrator
Bulk Item: X No Department: County Administrator
Staff Contact/Phone#:Rhonda Haag,453-8774
AGENDA ITEM WORDING: Approval to advertise a Request For Proposals for Canal Backfilling of a water
quality improvement project at Canal#29, Sexton Cove, ley Largo, the top ranked canal demonstration project
for the"backfilling"category pursuant to the Canal Management Master Plan
ITEM BACKGROUND: This project is the first of the County's specified six demonstration canal projects to
be solicited. AMEC has completed the design and specifications, the County has applied for the environmental
permit applications and is ready to advertise for proposals. Project work is on an expedited schedule to
demonstrate the County's commitment to canal restoration projects, and is anticipated to begin by early
February 2015. Canal restoration is anticipated to be included in an overall Water Quality Protection Program
funding request to the State. The Engineer's Cost Estimate is$1,300,000.
PREVIOUS RELEVANT BOCC ACTION:
• 03-20-13: Approval of$5 million for the canal restoration demonstration projects.
• 10-16-13: Approval of the top 15 canals, selection of 6 canals for the demonstration projects,and a 90 day
limitation on the homeowner approval period.
• 05-21-14: Approval of contract with AMEC to design the demonstration Canals.
BOCC Actions related to other related Canal Items:
1. 03-21-12: Approval and authorization of a Grant from FDEP to fund Phase I of the Canal Management
Master Plan and also authorized execution of a task order with AMEC under the on-call professional
engineering services contract to develop Phase 1.
2. 06-20-12: Approval of the grant application submitted to EPA,which requested$100,000 in grant funds and
specified a$10,000 match of in-kind services.
3. 09-19-12: Approval of a$100,000 EPA grant that funded Phase 2 of the Canal Master Plan.
4. 11-20-12: Approval of a Task Order with AMEC Environmental & Infrastructure, Inc. under the on-call
professional engineering services contract to develop Ph. 2 of a county-wide Canal Improvements Master
Plan.
5. 02-20-13: Approval of a FDEP Grant S0640 providing'$100,000 of funding of work to perform bathymetric
surveys and also approved a$100,000 Task Order with AMEC to perform the bathymetric work.
6. 03-20-13:Approval of$5 million for the canal restoration demonstration projects.
7. 05-15-13: Approval of a $37,725 contract with AMEC to select the demonstration projects, as a result of a
request for quotes.
8. 08-21-13:Provided direction on the selection process for use in selecting the top 15 canal restoration
projects and the final 5 demonstration projects.
9. 09-17-13: Approval of a time extension to the AMEC contract for selection of the demo projects.
10. 10-16-13:Approval of the top 15 canals,selection of 6 canals for the demonstration projects,and a 90 day
limitation on the homeowner approval period.
11. 12-11-13: Approval of the 7`"demonstration canal.
12. 12-11-13: Approval to advertise an RFQ for the design and permitting of the canal demo projects
13. 02-19-14: Approval to negotiate a contract for the design and permitting of the canal demo projects.
14. 05-21-14: Approval of contract with AMEC to design the demonstration Canals.
15. 09-17-14 Approval of Amendment#1 to the AMEC design contract for additional construction support
services for the culvert at Canal#472 on Geiger Ivey,as funded by DER
16. 9-17-14 Approval to advertise a Request for Bids for the construction and installation of a culvert
on Canal #472 on Geiger Key, the 3rd ranked demonstration canal project for culvert installation
per the Canal Management Master Plan.
CONTRACT/AGREEMENT CHANGES: Not applicable
STAFF RECOMMENDATIONS: Approval
TOTAL COST: TBD, $1.3 Million estimated. INDIRECT COST: BUDGETED: Yes
No X
DIFFERENTIAL OF LOCAL PREFERENCE: -N/A
COST TO COUNTY: TBD, $1.3 Million estimated SOURCE OF FUNDS: Canal Funds
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty L Z�OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM No. CAD#
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Request for Proposals
For
Canal Backfilling
Water Quality Improvement Project
Canal #29 Sexton Cove, Key Largo
Monroe County, FL
q o
BOARD OF COUNTY COMMISSIONERS
Mayor, Sylvia Murphy, District 5,
Mayor Pro Tern Danny Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
David Rice, District 4
COUNTY ADMINISTRATOR CLERK OF CIRCUIT COURT
Roman Gastesi Amy Heavilin
NOVEMBER 2014
PREPARED BY:
Monroe County Sustainability Department
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
TABLE OF CONTENTS
TABLE OF CONTENTS......................................................................................................2
SECTION00030 .................................................................................................................5
NOTICE OF CALLING FOR PROPOSALS........................................................................5
SECTION00100 .................................................................................................................6
INSTRUCTIONS TO PROPOSERS....................................................................................6
SECTION00110 ............................................................................................................... 16
PROPOSALFORM........................................................................................................... 16
SECTION00120 ...............................................................................................................29
INSURANCE REQUIREMENTS AND FORMS.................................................................29
SECTION00163 ...............................................................................................................39
PRE-PROPOSAL SUBSTITUTIONS................................................................................39
SECTION00230 ...............................................................................................................44
SITESURVEY...................................................................................................................44
SECTION00300 ...............................................................................................................45
SCOPE OF WORK ...........................................................................................................45
SECTION 00350 ...............................................................................................................54
MILESTONE SCHEDULE/LIQUIDATED DAMAGES.......................................................54
SECTION00500 ...............................................................................................................56
AGREEMENT ...................................................................................................................56
SECTION00750 ...............................................................................................................73
GENERAL CONDITIONS OF THE CONTRACT..............................................................73
SECTION00970 ............................................................................................................. 107
PROJECT SAFETY AND HEALTH PLAN ..................................................................... 107
SECTION00980 ............................................................................................................. 121
CONTRACTOR QUALITY CONTROL PLAN................................................................. 121
SECTION 00990 ............................................................................................................. 126
SPECIALCONDITIONS ................................................................................................. 126
SECTION01010 ............................................................................................................. 127
SUMMARY OF THE WORK ........................................................................................... 127
SECTION01015 ............................................................................................................. 130
CONTRACTOR'S USE OF PREMISES.......................................................................... 130
SECTION01027 ............................................................................................................. 131
APPLICATION FOR PAYMENT..................................................................................... 131
TABLE OF CONTENTS Page 2 of 206
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
SECTION01030 ............................................................................................................. 142
ALTERNATES ................................................................................................................ 142
SECTION01040 ............................................................................................................. 143
PROJECT COORDINATION .......................................................................................... 143
SECTION 01045 ............................................................................................................. 147
CUTTING AND PATCHING............................................................................................ 147
SECTION01050 ............................................................................................................. 148
FIELD ENGINEERING.................................................................................................... 148
SECTION01200 ............................................................................................................. 151
PROJECT MEETINGS.................................................................................................... 151
SECTION 01301 SUBMITTALS................................................................................... 154
SECTION01310 ............................................................................................................. 157
PROGRESSSCHEDULES............................................................................................. 157
SECTION01370 ............................................................................................................. 159
SCHEDULE OF VALUES............................................................................................... 159
SECTION01385 ............................................................................................................. 161
DAILY CONSTRUCTION REPORTS ............................................................................. 161
SECTION01395 ............................................................................................................. 163
REQUEST FOR INFORMATION (RFI)........................................................................... 163
SECTION01400 ............................................................................................................. 165
QUALITYCONTROL...................................................................................................... 165
SECTION01421 ............................................................................................................. 172
REFERENCE STANDARDS AND DEFINITIONS .......................................................... 172
SECTION01500 ............................................................................................................. 178
TEMPORARY FACILITIES............................................................................................. 178
SECTION01520 ............................................................................................................. 180
CONSTRUCTIONAIDS.................................................................................................. 180
SECTION01550 ............................................................................................................. 182
ACCESS ROADS AND PARKING AREAS.................................................................... 182
SECTION 01560 ............................................................................................................. 183
TEMPORARY CONTROLS ............................................................................................ 183
SECTION01590 ............................................................................................................. 185
FIELD OFFICES AND SHEDS ....................................................................................... 185
SECTION01595 ............................................................................................................. 186
CONSTRUCTION CLEANING........................................................................................ 186
TABLE OF CONTENTS Page 3 of 206
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
SECTION 01600 ............................................................................................................. 188
MATERIAL AND EQUIPMENT....................................................................................... 188
SECTION01630 ............................................................................................................. 190
POST-CONTRACT SUBSTITUTIONS ........................................................................... 190
SECTION01640 ............................................................................................................. 194
PRODUCT HANDLING................................................................................................... 194
SECTION01700 ............................................................................................................. 196
CONTRACT CLOSEOUT ............................................................................................... 196
SECTION01710 ............................................................................................................. 199
FINALCLEANING.......................................................................................................... 199
SECTION01720 .............................................................................................................201
PROJECT RECORD DOCUMENTS...............................................................................201
SECTION01730 .............................................................................................................204
OPERATION AND MAINTENANCE DATA....................................................................204
SECTION 01740 .............................................................................................................205
WARRANTIES................................................................................................................205
Exhibit A Design Drawings
Exhibit B Bathymetric Survey File
Exhibit C Geotechnical Report
Exhibits located at the end of the RFP document.
TABLE OF CONTENTS Page 4 of 206
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
SECTION 00030
NOTICE OF CALLING FOR PROPOSALS
PROJECT GENERAL INFORMATION
Canal Partial Backfilling
Water Quality Improvement Project
Canal #29 Sexton Cove, Key Largo
Monroe County, FL
Monroe County has recently completed a Canal Management Master Plan (CMMP) of
502 residential canals in unincorporated Monroe County and its municipalities, which
evaluates water quality conditions and provide recommendations for improvements to
the canals. The canals are rated as good, fair or poor in the CMMP. In order to improve
the water quality in the canals and to help meet State water quality standards, the
County desires to move forward with a Canal Restoration program. The initial phase of
water quality improvements is being implemented as a Canal Restoration
Demonstration Program. The Florida Keys National Marine Sanctuary Water Quality
Protection Program Canal Restoration Advisory Subcommittee has approved the
CMMP.
The Monroe County Board of County Commissioners has approved moving forward
with the Canal Restoration Demonstration Program, and has committed funds to this
canal restoration effort to test various technologies under a demonstration program,
including:
■ culvert installation
■ weed barriers
■ organic removal
■ pumping
■ backfilling
This Canal #29 Sexton Cove backfilling project is part of the Canal Restoration
Demonstration Program, and is designed to evaluate the cost and effectiveness of
partial backfilling a deep canal to an elevation that will allow for natural tidal flushing.
Due to the expedited nature and priority status of this project, please note that no
schedule delays are anticipated to the start of the project and that work must
commence within the time frame specified after the Notice To Proceed has been
issued.
A NON-MANDATORY Pre-bid Conference will be held on December xx, 2014 at
10:00 a.m., at the Monroe County Murray Nelson Auditorium, 102050 Overseas
Highway, Key Largo, FL 33037.
Bids will open January XXX, 2015.
End of Section 00030
NOTICE OF CALLING FOR PROPOSALS 00030-Page 5 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
SECTION 00100
INSTRUCTIONS TO PROPOSERS
To be considered, Proposals must be made in accordance with these Instructions to Proposers.
ARTICLE 1
DEFINITIONS
1.1 Terms used in these Instructions to Proposers, which are defined in the General
Conditions, shall have the same meanings or definitions as assigned to them in the
General Conditions.
1.2 A Proposal, Bid, or Response is a complete and properly signed proposal to do the
Work for the sums stated therein, including any Owner Options or Alternates stipulated
therein, and submitted in accordance with the Proposal Documents. In Request for
Proposals the word "Bid" is used interchangeably for"Proposal" or"Response".
1.3 Addenda are written or graphic instruments issued by the Owner, its agents, employees
or consultants prior to the receipt of Proposals, which modify or interpret the Proposal
Documents by additions, deletions, clarifications, or corrections.
1.4 Allowance is a given amount to be included in the Proposer's proposal. From this
Allowance, payments will be made to the vendor for the specified service or project. If
the contractor is responsible for making payments, he will be reimbursed for the
payments to the vendor via presentation of invoices in his monthly payment application.
Allowance includes labor, materials, installation, permits, etc.
1.5 Alternate Proposal (or Alternate) is an amount stated in the Proposal to be added to or
deducted from the amount of the Base Proposal if the corresponding change in the
Work, as described in the Proposal Documents, is accepted.
1.6 Engineer is the Engineering firm hired by the County to design and/or oversee the
project. For this project, the County Engineering Consultant is AMEC Environment &
Infrastructure, Inc. ("AMEC" .
1.7 Base Proposal is the sum stated in the Proposal for which the Proposer offers to
perform the Work described in the Proposal Documents as the base, to which may be
added or from which Work may be deleted for sums stated in Alternate Proposal or
Owner Option Proposals.
1.8 Proposer is a person or entity who submits a Proposal.
1.9 Proposal Documents include the Notice of Calling for Proposal, Instructions to
Proposers, Proposal, Pre-Proposal Substitutions, Scope of Work, Milestone Schedule
and other sample Proposal and contract forms and the proposed Contract Documents
including any addenda issued prior to receipt of Proposals. The Contract Documents
consist of this Agreement, Conditions of the Contract (General, Supplementary and
other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior
to execution of this Agreement, together with the response to RFP and all required
INSTRUCTION TO PROPOSERS 00100-Page 6 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
insurance documentation, and Modifications issued after execution of this Agreement.
The Contract represents the entire and integrated agreement between the parties hereto
and supersedes prior negotiations, representations or agreements, either written or oral.
An enumeration of the Contract Documents, other than Modifications, appears in Article
9. In the event of a discrepancy between the documents, precedence shall be
determined by the order of the documents as just listed.
1.10 Local Business means, as specifically defined in Monroe County Code Section 2-
349(b), the vendor has a valid receipt of the business tax paid as issued by Monroe
County Tax Collector at least one year prior to the notice of request for bids or proposals
for the business to provide the goods, services or construction to be purchased, and a
physical business address located within Monroe County from which the vendor
operates or performs business on a day-to-day basis that is a substantial component of
the goods or services being offered to Monroe County. Post Office Boxes are not
verifiable and shall not be used for the purpose of establishing a physical address.
1.11 "Owner" is synonymous with "Monroe County".
1.12 "Perform" means to comply fully with the specified or implied requirements.
1.13 "Provide" means "furnish and install". Wherever "provide" or "furnish and install' are
used, this shall mean the purchase and complete installation, and all purchasing
requirements and procedures, as per the specified or implied requirements.
1.14 Sub-bidder is a person or entity who submits a bid to a Proposer for materials or labor
for a portion of the Work.
1.15 "Unit Price" means an amount stated in the Proposal as a price per unit of
measurement for materials or services as described in the Proposal Documents or in the
proposed contract documents. Unit prices shall apply to change orders.
ARTICLE 2
COPIES OF PROPOSAL DOCUMENTS
2.1 Proposers may obtain complete sets of the Proposal Documents from Demand Star by
Onvia at www.demandstar.com or www.monroecountybids.com, or call toll-free at 1-800-
711-1712.
2.2 Proposers shall use complete sets of Proposal Documents in preparing Proposals.
Neither the Owner nor Sustainability Manager, nor their agents, nor the
Architect/Engineer assumes any responsibility for errors or misinterpretations resulting
from the use of incomplete sets of Proposal Documents.
2.3 Submitted Proposals MUST include an Insurance Agent Statement and a completed
Insurance Checklist, and all forms and requirements as called for in the Request for
Proposals. Failure to include all necessary forms and licenses will result in a non-
responsive proposal.
3
ARTICLE 3
EXAMINATION OF PROPOSAL DOCUMENTS AND SITE
3.1 Before Submitting a Proposal:
INSTRUCTION TO PROPOSERS 00100-Page 7 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
3.1.1 Each Proposer shall thoroughly examine all the Proposal Documents.
3.1.2 Each Proposer shall visit the site to familiarize himself with local conditions that
may in any manner affect the cost, progress, or performance of the Work. A NON
MANDATORY Pre bid conference at the Monroe County Murray Nelson
Auditorium, 102050 Overseas Highway, Key Largo, FL 33037 on December XX,
2014 at 10:00 a.m. with a site visit scheduled immediately after the meeting.at
11:30AM
3.1.3 Ignorance on the part of the Proposer shall in no way relieve him of the
obligations and responsibilities assumed under this Proposal.
3.1.4 Should a Proposer find discrepancies, ambiguities in, or omissions from the
Proposal Documents, or should he be in doubt as to their meaning, he shall at
once notify the Owner, in writing by e-mail to Haag-Rhonda@MonroeCounty-
FL.Gov
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 identified
in the General Requirements or Drawings. TRUE ACCORDING TO WENDY
3.3 Each Proposer shall study and carefully correlate his observations with the Proposal
Documents.
3.4 The submission of a Proposal will constitute a representation by the Proposer that he
has complied with every requirement of Article 3 and that the Proposal Documents are
sufficient in scope and detail to indicate and convey understanding of all terms and
conditions for performance of the Work.
ARTICLE 4
INTERPRETATION AND CORRECTION OF PROPOSAL DOCUMENTS
4.1 Proposers and Sub-proposers shall promptly notify the Sustainability Program Manager
in writing of any ambiguity, inconsistency or error that they may discover upon
examination of the Proposal Documents or of the site and local conditions.
4.2 Proposers and Sub-proposers requiring clarification or interpretation of the Proposal
Documents shall submit their questions in writing to the Sustainability Program Manager
no later than ten (10) calendar days prior to the date for receipt of Proposals (see 3.1.4).
Any answer, interpretation, correction or change of the Proposal Documents will be
accomplished by Addenda. No Addenda will be issued later than five (5) calendar days
prior to the date for receipt of Proposals. Copies of Addenda will be made available for
inspection at Demand Star by Onvia at www.demandstar.com or
www.monroecountybids.com or call toll-free at 1-800-711-1712. Interpretations,
corrections, or changes of the Proposal Documents made in any other manner will not
be binding, and Proposers shall not rely upon such interpretations, corrections, and
changes. Oral and other interpretations or clarifications will be without legal effect.
INSTRUCTION TO PROPOSERS 00100-Page 8 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
ARTICLE 5
PROPOSALPROCEDURE
5.1 FORM AND STYLE OF PROPOSAL
5.1.1 The Proposal shall be submitted on the forms included in Section 00110 of these
Proposal Documents with the exception of the Proposal Bond, which may be
submitted in alternate forms as described in Section 5.3.1 of these Instructions to
Proposers. Each of the forms in Section 00110 must be properly filled out,
executed, and submitted as the Proposal.
5.1.2 All blanks on the Proposal Form shall be filled in with ink or by typewriter.
5.1.3 Where so indicated on the Proposal 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. Failure to comply shall constitute a non-responsive
proposal.
5.1.4 Any interlineation, alteration, or erasure must be initialed by the signer of the
Proposal.
5.1.5 All requested Alternates shall be proposed. If no change in the Base Proposal is
required, enter"No Change". Failure to comply shall constitute a non-responsive
proposal.
5.1.6 All requested Allowances shall be proposed. Failure to comply shall constitute a
non-responsive proposal.
5.1.7 The Proposer is required to submit a copy of the appropriate Contractor's license
(Monroe County or State) as part of the Proposal.
5.2 ADDENDA
5.2.1 Each Proposer shall ascertain prior to submitting his Proposal that he has
received all Addenda issued, and he shall acknowledge their receipt in his
Proposal. However, in case any Proposer fails to acknowledge receipt of such
addenda, his Proposal will nevertheless be construed as if it had been received
and acknowledged, and the submission of the Proposal will constitute
acknowledgement of receipt of the addenda. It is the responsibility of each
Proposer to verify that he has received all addenda issued before Proposals are
opened.
5.2.2 No Addenda will be issued later than five (5) calendar days prior to the date for
receipt of Proposals except for an Addendum withdrawing the request for
Proposals or one which includes postponement of the date for receipt of
Proposals.
5.2.3 Copies of Addenda will be made available for inspection wherever Proposal
Documents are on file for that purpose. See Article 4.2 above.
INSTRUCTION TO PROPOSERS 00100-Page 9 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
5.3 PROPOSAL SECURITY
5.3.1 Each Proposal shall be accompanied by a Proposal Security made payable to
Monroe County, in the amount of five percent (5%) of the Proposer's maximum
Proposal price. The Proposal Security shall be in the form of a certified check
made payable to the County, or in a bond from Surety Company authorized to do
business in Florida. If a Bid Bond is submitted as Proposal 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.
5.3.2 The Proposal surety constitutes a pledge by the Proposer that he will enter into a
Contract with the Owner on the terms stated in his Proposal. The Proposal
Security of the successful Proposer will be retained until such Proposer has
entered into a Contract with the Owner, whereupon it will be returned. If the
successful Proposer fails to execute and deliver the Contract, the Owner may
annul the Notice of Award and the amount of the proposal security of that
Proposer shall be forfeited to the Owner not as a penalty, but as liquidated
damages.
5.3.3 The proposal security of any Proposer may be retained by the Owner until either
(a) the Contract has been executed, or (b) the ninety-first (91st) day after the
Proposal opening, or (c) the ninety-first (91st) day after all Proposals have been
rejected.
5.4 SCHEDULING, MANPOWER REQUIREMENTS, AND PERMITS
5.4.1 The overall schedule for construction is shown in the Proposal Documents
"Milestone Schedule" at Section 00350.
5.4.2 The Contractor will be required to provide adequate manpower and equipment in
order to meet the requirements of the schedule.
5.4.3 Proposer shall determine all; impact fees, inspections, testing and survey
(and fees required by same) required by Federal, State, Municipal or Utility
bodies having jurisdiction over the project. Proposer shall include in his
proposal the cost of all such impact fees, inspections, testing, and surveys for the
project site/building. The Contractor shall be required to secure all such impact
fees, inspections, testing, surveys, and to provide all installation, required for the
execution of this Contract. The Contractor shall be responsible for any and all
impact fees that may be required for the substantial completion of this project.
5.4.4 The Contractor shall be responsible to secure and pay for all testing services of
an independent testing laboratory to perform specified inspections and testing as
indicated in Technical Specification Sections and as required by the contract or
governing authorities. Contractor shall include the cost of all inspection and
testing fees in his bid proposal.
INSTRUCTION TO PROPOSERS 00100-Page 10 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
5.5 SUBMISSION OF PROPOSALS
5.5.1 Proposals shall be submitted to Monroe County at the designated location not
later than the time and date for receipt of Proposals indicated in the Notice of
Calling for Proposals, or any extension thereof made by Addendum. Proposals
received after the time and date for receipt of Proposals will be returned
unopened.
5.5.2 ONE SIGNED (1) ORIGINAL, TWO (2) COPIES, AND ONE (1) ELECTRONIC
FILE indexed in Adobe Acrobat file (.PDF) format delivered on a downloadable
CD/DVD or flash drive of the proposal setting forth all proposal documents (total
equals five) are to be submitted. Place the proposal security in its own separate
envelope, marking on the outside "Proposal Security", and place all other
proposal documents in another envelope, marking on the outside "Proposal
Documents". Both envelopes are to be inserted in one larger envelope. If the
Proposal is hand-delivered, the envelope shall be filled out as follows:
1. In the upper left hand corner, place the Proposer's name and address.
2. In the center of the envelope, put the following:
Monroe County Purchasing Department
1100 Simonton Street, Room 2-213
Key West, FL 33040
3. In the lower left hand corner, put the following:
Canal Backfilling,
Water Quality Improvement Project,
Canal #29 Sexton Cove,
Key Largo, Monroe County, FL
DATE TIME
January XX, 2015 3:00 PM
If the Proposal is sent by mail or courier, the sealed envelope shall be enclosed
in a separate mailing envelope with the notation "SEALED PROPOSAL
ENCLOSED" on the face thereof, and then address the mailing envelope in the
conventional manner.
5.5.3 The Proposer shall assume full responsibility for timely delivery at the location
designated for receipt of Proposals.
5.5.4 Oral, telephonic, telegraphic, faxed, and emailed Proposals are invalid and will
not receive consideration.
5.6 MODIFICATION AND WITHDRAWAL OF PROPOSALS
5.6.1 A Proposal may not be modified, withdrawn, or canceled by the Proposer during
the stipulated time period following the time and date designated for the receipt
of Proposals, except as provided in paragraph 5.7 Right to Claim Error in
PROPOSAL, and each Proposer so agrees in submitting his Proposal.
INSTRUCTION TO PROPOSERS 00100-Page 11 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
5.6.2 Prior to the time and date designated for receipt of Proposals, any Proposal
submitted may be modified by delivery to Monroe County Purchasing
Department of a complete Proposal as modified. All envelopes shall be marked
"Modified Proposal". Delivery shall comply with requirements for the original
proposal.
5.6.3 Proposals may be withdrawn prior to the time and date designated for the receipt
of Proposals. Withdrawn Proposals may be resubmitted up to the time
designated for the receipt of Proposals provided that they are then fully in
conformance with these Instructions to Proposers.
5.6.4 Proposal Security shall be in an amount equal to 5% of the of the modified
proposal price. See Article 5.3.1 for description of the form of the proposal
security
5.6.5 Conditional, modified, or qualified proposals will be rejected. Proposers are to
comply with the instructions on the proposal forms, and not make any changes
thereto.
5.7 RIGHT TO CLAIM ERROR IN PROPOSAL
5.7.1 Each Proposer's original work papers, documents, and materials used in
preparation of the proposal 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 Proposals, or any
extension thereof made by Addendum. Proposers who fail to submit their
original work papers, documents, and materials used in the preparation of the
proposal, as provided herein, waive all rights to claim error in the Proposal.
5.7.2 Owner will review documents submitted within the designated time frame for the
purpose of determining the validity of the Proposer's claim.
5.7.3 Following review of the Proposer's claim at the election of the owner the Owner
may:
a. Allow the Proposer to withdraw the Proposal and the Owner retains the
Proposal Security.
b. Allow the Proposer to withdraw the Proposal and the Owner returns the
Proposal Security.
C. Allow the Proposer to enter into contract for the proposed Work at the
original Proposal price.
ARTICLE 6
CONSIDERATION OF PROPOSALS
6.1 OPENING OF PROPOSALS
6.1.1 The properly identified Proposals received on time will be opened at the Monroe
County Purchasing Department. The public is permitted to be present.
INSTRUCTION TO PROPOSERS 00100-Page 12 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
6.1.2 Any Proposal not received by the Purchasing Department on or before the
deadline for receipt of proposals designated in the Notice of Calling for Proposals
will be returned unopened.
6.2 PROPOSALS TO REMAIN OPEN
6.2.1 All Proposals shall remain open and valid for ninety (90) days after the date
designated for receipt of Proposals.
6.2.2 The Owner may, at his sole discretion, release any Proposal and return the
Proposal Security before the ninety (90) days has elapsed.
6.3 AWARD OF CONTRACT
6.3.1 The Owner reserves the right to reject any and all proposals, or any part of a
proposal. The Owner reserves the right to waive variations from the
specifications that do not render the proposal non-conforming. The Owner retains
the right to disregard non-conformities, non-responsive proposals or conditional
proposals in the best interest of the County.
6.3.2 In evaluating Proposals, the Owner shall consider not only the price but also the
qualifications of the proposers and whether or not the Proposals comply with the
prescribed requirements in the Proposal Documents.
6.3.3 The Owner shall have the right to accept alternates in any order or combination
and to determine the low proposer on the basis of the sum of the Base Proposal
plus Alternates selected by the Owner. The Owner reserves the right to reject
any or all Alternates in the selection process as is deemed necessary to keep the
project within budget.
6.3.4 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 Proposal Documents. Proposers shall submit their
listing of subcontractors. A Proposed Subcontractor Listing Form supplied by the
Owner is to be completed for this purpose.
6.3.5 Where legally acceptable the Owner shall consider preference to local
businesses in making a purchase or awarding a contract who meet the
criteria for a local business as defined by Section 2-349 of the Monroe County
Code.
6.3.6 Individuals or firms which meet all the criteria in Section 2-349 of the Monroe
County Code and are a conforming and responsible proposer shall receive local
preference and shall be given an amount not to exceed two and one half percent
(2.5%) of the lowest nonlocal responsive and responsible proposer. Total
proposal price shall include the base proposal and all alternatives or options to
the base proposal which are part of the proposal and being recommended for
award by the appropriate authority.
6.3.7 If the Local Business subcontracts 50% or more of the goods, services or
construction to other "Local Businesses" which meet all of the criteria in Section
INSTRUCTION TO PROPOSERS 00100-Page 13 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
2-349 of the Monroe County Code, an additional two and one half percent (2.5%)
preference will be given of the lowest nonlocal responsive and responsible
proposer.
6.3.8 The application of local preference may be waived upon written recommendation
by the Owner and approval by the Monroe County Board of County
Commissioners at the time of Award of Contract. Waiver of the application of the
local preference is based upon analysis of the marketplace and in consideration
of the special or unique quality of goods, services, or professional services
sought to be purchased by the Owner.
6.3.9 The Owner may conduct such investigations, as he deems necessary to assist in
the evaluation of any Proposal and to establish the responsibility, qualifications,
and financial ability of the Proposers, 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.
6.3.10 The Owner reserves the right to reject the Proposal of any Proposer who does
not pass any such evaluation to its satisfaction.
6.3.11 If the Contract is awarded, it will be awarded to the lowest, conforming
responsible Proposer, with consideration to local businesses, including
qualifications of the proposer. A Request for Proposal price is not the only
consideration for award of the Contract.
6.3.12 if the Contract is to be awarded, the Owner will issue the Notice of Award to the
successful Proposer within ninety (90) days after the date of receipt of proposals.
The Owner reserves the right to return all Proposals, not make any awards, and
cancel the Project.
6.3.13 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 Owner will, via a Purchase
Contract, purchase the materials and equipment, and the Contractor shall assist
the Owner in the preparation of these Purchase Contracts, including providing to
the Owner appropriate tax credits. The Contractor agrees that the amount of the
purchase and the appropriate tax credit will be the subject of a deductive change
order in recognition of the fact that the purchase and taxes were computed into
the contractor's costs.
6.4 EXECUTION OF CONTRACT
6.4.1 The contract shall be put in final form by Sustainability Manager and given to the
Contractor for signature. The Contractor shall sign and deliver all four originals of the
Contract Agreement to Sustainability Manager within five (5) days after receipt of a
contract from Sustainability Manager. All other Contract Documents such as Insurance
Certificates are to be provided to Sustainability Manager within seven (7) days prior to
approval of the contract by the Board of County Commissioners. A Notice to Proceed
will be issued to the Contractor after approval of the contract by the BOCC and upon
satisfactory compliance with these provisions. The Contractor shall proceed with Work
no later than 7 calendar days after receipt of the Notice To Proceed. Failure to
commence with Work, including Mobilization, within the 7 day time period shall result in
INSTRUCTION TO PROPOSERS 00100-Page 14 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
a five hundred dollar ($500.00) fine to the Contractor for each day that work does not
commence for days 1-15 and $1,000 for days 16-30 and $3,500 thereafter. Mobilization
only does not constitute the commencement of Work.
In no event shall the failure of the Contractor to provide satisfactory Insurance
Certificates within the stipulated time be cause for an extension of the contract time.
Sustainability Manager will return one fully executed copy of the Contract Agreement to
the Contractor with all other Contract Documents attached upon receipt from the Owner.
6.5 OWNER'S RIGHT TO RETAIN PROPOSAL BOND AND AWARD TO NEXT LOWEST
CONFORMING RESPONSIBLE PROPOSER
In the event the Contractor given Notice of Award in 6.3 above fails to execute and
deliver all contract documents required in 6.4 above, the Owner may exercise its right to
retain the proposal bond and award the contract to the next lowest conforming
responsible proposer.
ARTICLE 7
SPECIAL LEGAL REQUIREMENTS
7.1 Each Proposer, before submitting the Proposal, shall familiarize itself with all Federal,
State, and local laws, ordinances, permit fees, impact fees, rules and regulations that
may apply to the Work or that may in any manner affect the cost, progress, or
performance of the Work. Monroe County requires its buildings to conform to Florida
Green Building Coalition standards.
7.2 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a proposal on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a
public entity for the construction or repair of a public building or public work, may not
submit proposals 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, Florida Statutes for CATEGORY TWO
for a period of 36 months from the date of being placed on the convicted vendor list.
END SECTION 00100
INSTRUCTION TO PROPOSERS 00100-Page 15 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
SECTION 00110
PROPOSAL FORM
The Proposal shall be submitted on the forms included in this section of the Proposal
Documents as previously instructed herein.
Item Description® Pages
1. Proposal Form 19-21
2. Bid Bond (Proposal Security) 22
3. Non-Collusion Affidavit 23
4. Lobbying and Conflict of Interest Clause 24
5. Drug-Free Workplace Form 25
6. Local Preference Form 26
7. Subcontractor Listing Form 27
8. Insurance Checklist 28
9. Workers Compensation and Employers' Liability 29
10. General Liability 30
11. Not Used 31
12. Vehicle Liability 32
13. Not Used 33
15. Insurance Agent's Statements 33
16. Contractor License
Current Copy to Be Submitted with Proposal
Subcontractor Licenses to Be Submitted Prior to
Award of Notice to Proceed
17. In order to determine if the persons or entity submitting proposals are responsible, all
Proposals for contracts to be awarded under this section must contain the following
information:
A. A list of the entity's shareholders with five (5) percent or more of the stock or, if a
general partnership, a list of the general partners; or, if a limited liability company, a
list of its members; if a solely owned proprietorship, names(s) of owner(s). A copy of
documentation demonstrating that the entity is a legally viable entity shall be
attached.
B. A list of the officers and directors of the entity;
PROPOSAL FORM 00110-Page 16 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
C. Relevant Experience: The number of years the person or entity has been operating
and, if different, the number of years it has been providing the service, goods, or
construction services called for in the proposal specifications (include a list of similar
projects). Resumes of key project staff proposed to work on this project along with an
anticipated work load for each staff member and the workload for the firm overall;
D. The number of years the person or entity has operated under its present name and
any prior names;
E. Answers to the following questions regarding claims and suits:
a. Has the person or entity ever failed to complete work or provide the goods for
which it has contracted? (If yes, provide details of the job, including where the
job was located and the name of the owner.)
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or its officers,
directors, or general partners (this specifically includes any present or prior
entities in which the person, principal, entity, officer, director or general
partner of the proposing entity has been involved as a person, principal, entity,
officer, director or general partner in the last five (5) years)? (If yes, provide
details, include enough information about the judgment, claim, arbitration or
suit so that the Owner will able to obtain a copy of the judgment or claim or
locate the suit by location and case number.)
c. Has the person, principal of the entity, entity, or its officers, major
shareholders or directors within the last five (5) years, been a party to any law
suits or arbitrations with regard to a contract for services, goods or
construction services similar to those requested in the specifications with
private or public entities? This specifically includes any present or prior
entities in which the person, principal, entity, officer, director or general
partner of the proposing entity has been involved as a person, principal, entity,
officer, director or general partner in the last five (5) years. (If yes, provide
details, include enough information about the judgment, claim, arbitration or
suit so that the Owner will able to obtain a copy of the judgment or claim or
locate the suit by location and case number.)
d. Has the person, principal of the entity, or its officers, owners, partners, major
shareholders or directors, ever initiated litigation against the County or been
sued by the County in connection with a contract to provide services, goods or
construction services? This specifically includes any present or prior entities in
which the person, principal, entity, officer, director or general partner of the
proposing entity has been involved as a person, principal, entity, officer,
director or general partner in the last five (5) years. (If yes, provide details,
include enough information about the judgment, claim, arbitration or suit so
that the Owner will able to obtain a copy of the judgment or claim or locate the
suit by location and case number.)
e. Whether, within the last five (5) years, the Owner, an officer, general partner,
controlling shareholder or major creditor of the person or entity was an officer,
general partner, controlling shareholder or major creditor of any other entity
PROPOSAL FORM 00110-Page 17 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
that failed to perform services or furnish goods similar to those sought in the
request for bids;
f. Customer references (minimum of three), including name, current address
and current telephone number for similar scope projects you have completed.
Provide a detailed project profile and relevance to this contract for each;
Credit References (minimum of three), including name, current-address
and current-telephone number;
g. Financial statements for the prior three years. Please provide in a separate
sealed envelope for the Contractor's confidentiality, and clearly label the
envelope "CONFIDENTIAL" one (1) original copy.
( "Any financial statement that an agency requires a prospective bidder to
submit in order to prequalify for bidding or for responding to a bid for a road or
any other public works project is exempt from s. 119.07(1) and s.24(a), Art. 1
of the State Constitution.")
PROPOSAL FORM 00110-Page 18 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
PROPOSAL FORM
PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 1-213
KEY WEST, FLORIDA 33040
PROPOSAL FROM:
The undersigned, having carefully examined the Work and reference Drawings,
Specifications, Proposal, and Addenda thereto and other Contract Documents for the
construction of:
CANAL BACKFILLING
WATER QUALITY IMPROVEMENT PROJECT
CANAL #29 SEXTON COVE, KEY LARGO
MONROE COUNTY, FL
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 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
proposer 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 Base Proposal shall be furnished below in words and numbers. If there is an
inconsistency between the two the Proposal in words shall control.
Dollars.
(Total Base Proposal- words)
(Total Base Proposal — numbers)
PROPOSAL FORM 00110-Page 19 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
I acknowledge Alternates as follows:
1. Alternate #1 —Alternate Staging Area
Dollars
(Alternate #1- words)
(Alternate #1— numbers)
I acknowledge receipt of Addenda No.(s)
No. Dated
No. Dated
No. Dated
No. Dated
PROPOSAL FORM 00110-Page 20 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
Proposer, states by his check mark in the blank beside the form and by his signature
that he has provided the following forms (located in Section 00110):
a. Proposal Form ,
a.1 Unit Price Proposal Form ,
b. Proposal Security (Bid Bond) ,
C. Non-Collusion Affidavit ,
d. Lobbying and Conflict of Interest Clause ,
e. Drug-Free Workplace Form ,
f. Subcontractor Listing Form ,
g. Proposer's Insurance and Indemnification Statement ,
h. Insurance Agents Statement (signed by agent) , and
i. Local Preference Form and requirements (if applicable),
j. Proposed Staging Plan ,(only for Alternate Staging Area
Proposal)
k. Source and Specifications of Backfill
In addition, Proposer states that he has included a certified copy of Contractor's
License, and Monroe County Occupational License. (Check mark items above, as a
reminder that they are included.)
Mailing Address:
Phone Number:
Date: Signed:
(Name)
(Title)
Witness: (Seal)
PROPOSAL FORM 00110-Page 21 of 205
Unit Price Cost Proposal Sheet
Protect: Canal 429 Backfilling Restoration
Location: Sexton Cove Estates,Key Largo,Florida
Contractor:
Date:
ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRK
1 Mobilization and Demobilization LS 1
2 Maintenance of Traffic LS 1
3 Remove and Replace 4'Chain Link Fence LF 120
4 Mangrove Trimming(Performed by Professional Mangrove Trimmer) LS 1
5 Conveyor Belt System LS 1
6 6'Construction Temporary Privacy Fencing with Screen LF
7 Floating Turbidity Barrier(mouth of canal and as required around LF
construction area to control turbiditv within permit requirements)
8 Coarse Fill Material CY
9 Sand Fill Material(Top 1') CY
10 Trucking of Backfill Material CY
11 Placement of Fill CY
12 Construction Surveys LS 3
BID TOTAL:
PROJECTED PROJECT CLOSEOUT:
(90 DAYS FOLLOWING DEMOBILIZATION)
Contractors Signature:
PROPOSALFORM
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
BID (PROPOSAL) BOND
KNOW ALL MEN BY THESE PRESENTS, that we
(Here insert 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 said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
(Here insert full name, address and description of project)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into 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 penalty hereof
between the amount specified in said bid and such larger amount for which the Obligee
may in good faith contact 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.
Any action instituted by a claimant under this bond must be in accordance with the
notice and time limitations provisions in Section 255.05(2), Florida Statutes.
(Principal) (Seal)
(Witness)
(Title)
(Surety) (Seal)
(Witness)
(Title
PROPOSAL FORM 00110-Page 23 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
SECTION 00110
NON-COLLUSION AFFIDAVIT
I, of the city
according to law on my oath, and under penalty of perjury, depose and say that:
1. 1 am
of the firm of
the proposer making the Proposal for the project described in the notice for
calling for proposals for:
and that I executed the said proposal with full authority to do so;
2. The prices in this proposal have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other proposer or
with any competitor;
3. Unless otherwise required by law, the prices which have been quoted in this
proposal have not been knowingly disclosed by the proposer and will not
knowingly be disclosed by the proposer prior to proposal opening, directly or
indirectly, to any other proposer or to any competitor; and
4. No attempt has been made or will be made by the proposer to induce any other
person, partnership or corporation to submit, or not to submit, a proposal for the
purpose of restricting competition; and
5. The statements contained in this affidavit are true and correct, and made with full
knowledge that said project.
(Signature of Proposer) (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 in the
space provided above
on this day of 20
NOTARY PUBLIC
My commission expires:
PROPOSAL FORM 00110-Page 24 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
11 (Company) '
"... warrants that he/it has not employed, retained or otherwise had act on his/its behalf any
former County officer or employee in violation 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:
Subscribed and sworn to (or affirmed) before me on
(date)
by (name of affiant). He/She is personally
known to me
or has produced as
identification. (Type of identification)
NOTARY PUBLIC
My commission expires:
PROPOSAL FORM 00110-Page 25 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs 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. Gives each employee engaged in providing the commodities or contractual services that
are under proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition
of working on the commodities or contractual services that are under proposal, the employee
will abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 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. Imposes 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. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
Proposer's Signature
Date
PROPOSAL FORM 00110-Page 26 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 02-349 must complete this form.
Name of Proposer/Responder Date:
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector
dated at least one year prior to the notice or request for bid or proposal? (Please furnish
copy)
2. Does the vendor have a physical business address located within Monroe County from which the
vendor operates or performs business on a day to day basis that is a substantial component of the goods
or services being offered to Monroe County?
List Address:
Telephone Number:
Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical
address.
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or
construction to local businesses meeting the criteria above as to licensing and location?
If yes, please provide:
1. Copy of Receipt of business tax paid to the Monroe County Tax Collector by the subcontractor dated
at least one year prior to the notice or request for bid or proposal.
2. Subcontractor Address within Monroe County from which the subcontractor operates:
Tel. Number
Print Name:
Signature and Title of Authorized Signatory for
Proposer/Responder
STATE OF
COUNTY OF
On this_day of , 20 , before me, the undersigned notary public, personally appeared
known to me to be the person whose name is subscribed above or
who produced as identification, and acknowledged that he/she is the person
who executed the above Local Preference Form for the purposes therein contained.
Notary Public
Print Name
My commission expires: Seal
PROPOSAL FORM 00110-Page 27 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
SUBCONTRACTOR LISTING FORM
Divi- Sub- Contact Phone # w Fax: Cell: Address
sion contractor Person / area code
PROPOSAL FORM 00110-Page 28 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
SECTION 00120
INSURANCE REQUIREMENTS AND FORMS
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
PROPOSER
WORKERS' COMPENSATION
Workers' Compensation Statutory Limits
Bodily Injury by
Accident/Bodily
Injury by Disease, policy
limits/Bodily Injury by Disease
each employee
WC1 Employers Liability $100,000/$500,000/$100,000
WC2 Employers Liability $500,000/$500,000/$500,000
WC3 X Employers Liability $1,000,000/$1,000,000
/$1,000,000
WCUSLH X US Longshoremen & Same as Employers'
Harbor Workers Act Liability
WCJA X Federal Jones Act Same as Employers'
Liability
INSURANCE REQUIREMENTS AND FORMS 00120-Page 29 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
• Premises Operations • Products and Completed Operations
• Blanket Contractual 0 Personal Injury
• Expanded Definition
of Property Damage
Required Limits:
GL1 $200,000 per Person; $300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
GI-2 $300,000 per Person; $500,000 per Occurrence
$200,000 Property Damage
or
$500,000 Combined Single Limit
GI-3 X $500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
GI-4 $2,000,000 Combined Single Limit
Required Endorsement:
GLXCU Underground, Explosion and Collapse (XCU)
GLLIQ Liquor Liability
GLS Security Services
All endorsements are required to have the same limits as the basic policy.
INSURANCE REQUIREMENTS AND FORMS 00120-Page 30 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
• Owned; Non-owned; and Hired Vehicles
Required Limits:
VL1 $50,000 per Person: $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
(The use of VL1 should be limited to special projects that
involve
other governmental entities or "Not for Profit" organizations.
Risk Management must approve the use of this form).
VL2 $200,000 per Person; $300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
VL3 X $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
WL2 X Watercraft Liability $1,000,000
BR1 Builders' Limits equal to the
Risk completed project.
MVC Motor Truck Limits equal to the maximum
Cargo value of any one shipment.
PRO1 Professional $ 300,000 per Occurrence/$
500,000Agg.
PR02 Liability $ 500,000 per Occurrence/$1,000,000
Agg.
PR03 $1,000,000 per Occurrence/$2,000,000
Agg.
POL1 Pollution $ 500,000 per Occurrence/$1,000,000
Agg.
POL2 X 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
INSURANCE REQUIREMENTS AND FORMS 00120-Page 31 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
GK1 Garage $ 300,000 ($ 25,000 per Veh)
GK2 Keepers $ 500,000 ($100,000 per Veh)
GK3 $1,000:000 ($250,000 per Veh)
MED1 Medical $ 300,000/$ 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
Floater Installed
VLP1 Hazardous $ 300,000 (Requires MCS-90)
VLP2 Cargo $ 500,000 (Requires MCS-90)
VLP3 Transporter $1,000,000 (Requires MCS-90)
BILL Bailee Liab. Maximum Value of County Property that
will be in the Bailee's possession.
HKL1 Hangar keepers $ 300,000
HKL2 Liability $ 500,000
HKL3 $ 1,000,000
AIR1 Aircraft $ 1,000,000
AIR2 Liability $ 5,000,000
AIR3 $50,000,000
AE01 Architects Errors $ 300,000 per Occurrence/$ 500,000
Agg.
AE02 & Omissions $ 500,000 per Occurrence/$1,000,000
Agg.
AE03 $ 1,000,000 per Occurrence/$3,000,000
Agg.
E01 Engineers Errors $ 300,000 per Occurrence/$ 500,000
Agg.
E02 & Omissions $ 500,000 per Occurrence/$1,000,000
Agg.
E03 $ 1,000,000 per Occurrence/$3,000,000
Agg.
INSURANCE REQUIREMENTS AND FORMS 00120-Page 32 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR CONTRACT:
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
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:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
WCUSLH US Longshoremen & Harbor Workers Act - Same as Employer's
Liability
WCJA Federal Jones Act - Same as Employer's Liability-
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact
business in the state of Florida.
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.
INSURANCE REQUIREMENTS AND FORMS 00120-Page 33 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT:
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT,
CANAL #29 SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
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:
$500,000 per Person; $1,000,000 per Occurrence; $100,000 Property Damage or
$1,000,000 Combined Single Limit (CSL)
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.
GL
INSURANCE REQUIREMENTS AND FORMS 00120-Page 34 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT:
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
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:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
VL3
INSURANCE REQUIREMENTS AND FORMS 00120-Page 35 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation Statutory Limits
Employers Liability $1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease Policy Limits
$1,000,000 Bodily Injury by Disease, each employee
US Longshoremen & Harbor Workers Act— Same as
Employer's Liability
Federal Jones Act— Same as Employer's Liability
General Liability, including $1,000,000 Combined Single Limit
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
Builder's Risk: Not Required
Watercraft Liability $1,000,000
Pollution Liability $1,000,000 per Occurrence$2,000,000 Agg
Vehicle Liability (Owned, non-owned, and hired vehicles) $1,000,000 Combined Single Limit
If split limits are preferred:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements
prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the
COUNTY and the COUNTY's elected and appointed officers and employees harmless from and
against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings,
appellate proceedings, or other proceedings relating to any type of injury (including death), loss,
damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors
or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of
Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's
default in respect of any of the obligations that it undertakes under the terms of this Agreement,
except to the extent the claims, actions, causes of action, litigation, proceedings, costs or
expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any
of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims,
actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractors failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
INSURANCE REQUIREMENTS AND FORMS 00120-Page 36 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
warrants that the Contractor shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
PROPOSER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements. I fully accept the indemnification and hold harmless as set out on page
00110-12 of this proposal.
PROPOSER Signature
INSURANCE REQUIREMENTS AND FORMS 00120-Page 37 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
Liability policies are Occurrence Claims Made
Insurance Agency Signature
INSURANCE REQUIREMENTS AND FORMS 00120-Page 38 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
SECTION 00163
PRE-PROPOSAL SUBSTITUTIONS
PART 1 - GENERAL
1.1 Document includes
A. Pre-Proposal Substitutions
1.2 PROPOSER'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 the 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 "Sustainability Manager approved equivalent", or
similar wording, submit a request for substitutions, for any product or
manufacturer which is not specifically named for review and approval by Owner
and Architect.
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 Proposal shall be in accordance with the Contract Documents.
1. Substitutions for products may be made during the proposal process by
submitting completed substitution request form and substantiating product
data/literature a minimum of ten calendar days prior to the Proposal Date
to Sustainability Manager.
2. Sustainability Manager will consider requests utilizing this section from
the Proposer for substitution of products in place of those specified.
3. Those submitted 15 calendar days prior to Proposal 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.
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 39 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
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, the substitution does not include adequate
information necessary for a complete evaluation.
D. The Owner will determine the acceptability of any proposed substitution.
1.4 PROPOSER'S REPRESENTATION
A. In making formal request for substitution the Proposer represents that:
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. Architect/Engineer's costs for redesign or revision of Contract
Documents.
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 40 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
6. Cost data need not be submitted, if request is for inclusion in an
addendum.
1.5 SUSTAINABILITY MANAGER'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.
B. Substitutions will be considered only when the attached form is completed and
included with the submittal with all required back-up data.
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 41 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
SUBSTITUTION FORM
TO: AMEC/Engineer
PH: FAX:
We hereby submit for your consideration the following product instead of the specified item for the above project:
Drawing No. Drawing Spec Sec. Spec Name Paragraph Specified
Name Item
Proposed Substitution:
Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require
for its proper installation.
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
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 Sustainability Manager: Approved Approved as noted Not Approved
Rec'd too late Insufficient data received
By Date
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 42 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
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:
H. Designation of maintenance services and sources: (Attach additional sheets if
required.)
END SECTION 00163
PRE-PROPOSAL SUBSTITUTIONS 00163-Page 43 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
SECTION 00230
SITE SURVEY
A. The Plat of Survey or other survey data, are available in the Office of the Sustainability
Program Manager for review, and are for the general information of the proposer. The
data contained was prepared by the Engineer for the design of the project, and neither
the Owner nor the Engineer, nor Sustainability Manager make any representation,
guarantee of warranty as to the accuracy or completeness of data indicated, expressed
or implied.
B. Proposers shall visit the site; make their own investigations, assumptions and
conclusions as to the nature and extent of existing surface and overhead conditions
affecting the work. Neither the Owner nor the Engineer, nor Sustainability Manager will
be responsible for additional type or extent of work required to be performed under the
Contract due to any assumptions or conclusions by the successful proposer based upon
the survey information provided.
END OF SECTION 00230
SITE SURVEY 00230 - Page 44 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
SECTION 00300
SCOPE OF WORK
1.0 GENERAL SCOPE
Provide all labor, supervision, engineering, materials, supplies, equipment, tools,
transportation, surveying, layout, and protection for the proper execution and
completion of all the work in accordance with the Contract Documents. The
Work shall include but not be limited to that shown on the Drawing (Exhibit A —
Design Drawings) and detailed in the Technical Specifications included in this
Proposal Package.
1.1 SCOPE OF WORK
The Scope of Work consists of backfilling Canal #29 located in Sexton Cove
Estates Subdivision, Monroe County, Key Largo Florida. The backfilling activities
are to be completed so that a natural benthic community can be established.
The backfilling will raise the canal bottom to -8.7 ft. NAVD, which is
approximately 6 feet below the Mean Sea Level for the canal (a depth that is
typically suitable to allow for sufficient light and oxygen to permeate the water
column to support a healthy ecological habitat). The backfilling shall be done in
such a way to prevent impact to the nearshore waters, and shall be completed
using the proposed staging area identified on the project drawings, which is
located at 11 Pigeon Road, Key Largo, or an approved alternate. The County has
obtained approval for use of this vacant lot for construction staging for the entire
length of the project. The Contractor must bid on the use of this staging area
for the base bid, but may provide an alternative bid if the Contractor wishes
to obtain approval for use of an alternate staging area. If an alternate staging
area is proposed, the Contractor shall provide a Staging Area Plan with their
proposal and provide this as an Alternate Bid. However, note that if an alternate
is proposed, there will be no extension of time provided either to the
commencement date or the completion date as specified herein. The Contractor
will remove the homeowner fencing if the Pigeon Road vacant lot is used, store it
in a secure location, install temporary construction fencing, consisting of 6 foot
high chain link fence with green canvas privacy screening, or equivalent, around
the staging area(s), and replace the homeowner's fence or a new one upon
completion of the project. The Contractor shall return the property to its original
condition or better which includes re-grading and re-sodding of disturbed areas.
The County and/or Engineer AMEC will obtain the SFWMD ERP, USACE
Dredge and Fill permit, FKNMS permit, and Monroe County permit(s), including a
right-of-way permit if applicable. The Contractor will be responsible to obtain any
other necessary permits not identified by the Engineer. Use of private
homeowner land may require a Temporary Use approval. A Monroe County
code amendment to allow temporary staging area use on private homeowner
land is underway and is anticipated to be finalized prior to issuance of the Notice
To Proceed.
SCOPE OF WORK 00300-Page 45 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
The Contractor is required to submit a Construction Methodology Plan (CMP) to
Monroe County, including a Maintenance of Traffic (MOT) Plan (including a truck
hauling plan) for approval prior to initiation of construction. Given the dense
layout of the community surrounding the project area, the Contractor shall be
cognizant of the logistical limitations of transporting fill material into the project
area. Additionally, the Contractor shall be aware of the necessity to take care
during the placement of fill so as to not damage the boat lifts present in the canal
or any other privately owned property.
The Contractor shall be cognizant that the information provided regarding surface
elevations on the construction documents was derived by survey information
obtained by the Engineer (Exhibit B — Bathymetric Survey File), and that the
contractor shall appropriately incorporate a contingency into their cost estimate,
or obtain independent survey data to compensate for any potential errors or lack
of precision in the presented surface elevation information. Additionally, the
contractor shall be cognizant that the estimate of compaction of the sediment
and/or migration of the sediment into the pore space of the fill material is solely
their responsibility, and will not alleviate their responsibility to fill the canal to the
proposed bottom elevation of -8.7 feet NAVD. A Geotechnical Evaluation of the
sediment present in the canal is provided in Exhibit C — Geotechnical Report.
Finally, the Contractor shall be aware that the proposed fill specification requires
that the upper foot of fill material be comprised of sand, and that there is a
potential for the sand to migrate in to the pore space of the fill material below.
The sequence of Major Activities are as follows:
(1) install temporary erosion and sedimentation controls and maintain
these controls for the duration of the work,
(2) construct the staging area as delineated on the Contract Plans
including temporary fencing,
(3) backfill Canal #29 according to these technical specifications and
contract plans, and
(4) stabilize the work area, obtain final approval from Monroe County of all
work performed and remove temporary erosion and sedimentation
controls and stabilize areas disturbed by the removal of the temporary
controls.
BACKFILL MATERIAL and BACKFILLING SEQUENCE
A. The material used for backfilling Canal 29 shall meet the following
requirements: The soil used for backfilling the canal to -9.7 feet NAVD shall
be clean granular soil having no more than 4% by weight organics and no
more than 10% by weight passing the number 200 sieve. The soil used for
backfilling the canal to -8.7 feet NAVD shall be Clean Calcium Carbonate
Sand from a local South Florida Source that contains less than 5% of fines
passing through a #200 sieve. The Contractor shall provide soil samples to
Monroe County along with soil test reports from a certified soil laboratory no
later than ten (10) days prior to the start of construction. The Contractor shall
obtain written acceptance of the soil samples and test reports from Monroe
SCOPE OF WORK 00300-Page 46 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
County prior to shipping the soil to the jobsite. Additionally, the contractor
shall submit a soil sample for every 1,000 yd3 of fill material for laboratory
analysis of total phosphorus by EPA Method 365.4.
B. THE CONTRACTOR SHALL PROVIDE THEIR DESIGNATED SOURCE OF
FILL MATERIAL WITH THEIR PROPOSAL ALONG WITH ANY
AVAILABLE SPECIFICATIONS. All backfill must be transported to the site
via land using trucks appropriately licensed to transport in Monroe County,
with licensed commercial vehicle operators.
C. The Contractor shall backfill the canal to -9.7 feet NAVD in 100 feet segments
starting at the east end of the canal. Backfill may be transported from land to
a barge situated in the canal by use of a conveyor belt system or other
mechanical means, to be specified in a construction methodology plan
provided to Monroe County prior to commencement of the project. It is the
contractor's discretion whether the 1 foot of sand will be placed for each 100
foot section or for the entire canal segment, depending upon the chosen
construction methodology. The total thickness of the initial fill material shall
be placed for the first 100 feet prior to moving the operation to the next 100
feet and so on in this fashion until the entire length of the canal is filled to the
specified elevations. One or more floating turbidity curtains, or other turbidity
control measures will be utilized to meet State mandated turbidity
requirements.
D. The Contractor is responsible to fill the canal to -8.7 feet NAVD. Contractor
will be required to provide a final As-built elevation survey to confirm
completion of work prior to demobilization and no sooner than 90 days
following the completion of work to demonstrate that significant compaction,
migration of sediment or sand into the pore space of the fill, or the collapse of
voids has not occurred. The As-Built survey shall demonstrate that the final
elevation is within at least 0.5 feet of -8.70 feet NAVD on average for an area
of one hundred square feet; otherwise the Contractor shall remobilize and fill
the low spots identified in the As-Built survey to the final elevation specified in
the construction drawings using sand.
The Scope of Work shall include, all work shown and listed in the Project
Drawings. The Contractor is required to provide a complete job as contemplated
by the drawings and specifications, which are a part of this bid package. The
Contractor shall furnish all labor, supervision, materials, power, tools, equipment,
supplies and any other means of construction necessary or proper for performing
and completing the Scope of Work, unless otherwise specifically stated.
1.2 INTENT OF THE SPECIFICATIONS
The intent of these specifications is to describe the materials and methods of
construction required for the performance of the work. In general, it is intended
that the drawings shall delineate the detailed extent of the work. Drawings,
SCOPE OF WORK 00300-Page 47 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
specifications, and contract documents are complimentary, and what is required
by one shall be as binding as if required by all.
1.2.1 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.
1.3.1 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. The Contractor's office need not
be located at the project site but may be located anywhere in Monroe County.
1.4.1 DAMAGE TO EXISTING STRUCTURES, UTILITIES AND LANDSCAPING
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. The Contractor shall also be responsible
for and make good all damage to homeowner docks of any type, seawalls, boats,
fencing, and any other appurtenances, at the Contractor's sole expense. It is
anticipated that the homeowners will be responsible for boat removal prior to
commencement of work.
The Contractor shall produce a pre-construction video to document the existing
conditions. The documentation shall utilize a high-resolution digital video camera
with extended still frame capability. The documentation shall record surface
features located within the construction zone including, but not limited to, staging
area, canal seawalls, boat lifts, boats, and any other permanent or temporary
structures within the canal footprint. The documentation shall provide audio
recording documenting the orientation, location, and description of features. The
documentation shall accompany a written log which documents the
aforementioned items and shall contain bright, sharp pictures with accurate
colors and shall be free from distortion or any other significant picture
imperfection. The audio portion of the recording shall reproduce the commentary
of the camera operator with proper volume, clarity, and be free of distortion. The
SCOPE OF WORK 00300-Page 48 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
construction shall not proceed until Monroe County and Engineer of Record have
reviewed the documentation and notified the Contractor of its acceptability.
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.
The Contractor shall be responsible for and make good all damage to pavement,
buildings, telephone or other cables, water pipes, sanitary pipes, or other
structures which may be encountered, whether or not shown on the Drawings.
C. The Contractor shall be fully responsible for maintaining in good condition
all cultivated grass plots, trees and shrubs endangered by the work. Where
maintained shrubbery, grass strips or area within the right-of-way must be
removed or destroyed incident to the construction operation, the Contractor, after
completion of the work, must replace or restore at the Contractor's sole expense
to the original condition all destroyed or damaged shrubbery, grass areas or pea
rock areas. He must, 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 tree paint. Care of trees,
shrubs and grass shall be considered incidental and cost shall be included in the
bid price of the items listed in the bid.
1.5.1 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 general and local conditions and all other
matters which can in any way affect the work under this contract. The prices
established for the work to be done will reflect all costs pertaining to the work.
Any claims for extras based on substrata or site conditions will not be allowed.
1.6.1 PROJECT SIGNS
A. Two signs shall be constructed, installed and removed by the
Contractor. The signs 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 Sustainability Program Manager at no cost to
the contractor. The exact sign locations shall be determined prior to beginning
work by the Engineer.
SCOPE OF WORK 00300-Page 49 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
1.7.1 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 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. Contractor will be required
to submit an MOT to plan to the Engineer for approval prior to commencement of
field activities. The Contractor will only be allowed to transport backfill to the
project site from 8AM to 6PM M-F, excluding holidays.
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 the COUNTY Sustainability Manager,
AMEC/Engineer, 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.
1.8.1 PROTECTION OF WORK
A. The Contractor shall protect his work throughout its length of the project
by the erection of temporary fencing with privacy screening. 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.
SCOPE OF WORK 00300-Page 50 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
1.9.1 EROSION CONTROLS
A. The Contractor shall will be required to implement best management
practices within the staging area to control all stormwater runoff. The contractor
shall review/modify the Proposed Erosion and Sediment Controls presented on
the Drawings (Exhibit A). The modified Erosion and Sediment Control plan shall
be sent to Monroe County and Engineer of Record for review/approval before
commencement of construction activities.
1.3 SPECIAL PROVISIONS
The following Special Provisions are intended to clarify the scope of work, or
highlight features of the work, or modify, change, add to, or delete from the
General Scope of this Proposal Package.
A. Where the Specifications refer to "Engineer" they shall be deemed to
mean "County's Engineering Consultant, AMEC" or designee for this project. The
terms "Project Manual", "Specifications" and "Specification" are interchangeable
and all refer to the collective Sections of which this Section is a part. The terms
"Drawings" and "Plans" are interchangeable and refer to the collective assembly
of individual plans, details and drawings accompanying the Project Manual and
intended to describe and illustrate the work of this project.
B. All work shall comply with the most recent construction codes in effect at
the time and location of construction. Where codes are in conflict, the more
stringent shall govern the work.
C. Prior to initiation of construction, turbidity curtains will be deployed to
isolate the construction site from adjacent waters. At a minimum weighted
turbidity curtains must be installed near the mouth of the canal eastward of the
identified seagrass as shown on the project drawings. The turbidity curtains must
extend from the water's surface to the canal bottom. These will remain in place
until all construction activity is complete and turbidity values have returned to
preconstruction conditions. Contractor will implement all necessary turbidity
reduction methods in order to meet the State turbidity requirements of 0 NTU
increase above background levels in the Florida Outstanding Waters at the canal
mouth and no greater than 29 NTUs above background within the canal. The
County Engineering consultant, AMEC, will monitor the turbidity to ensure
Contractor compliance.
Manatee Special Conditions:
a. The Contractor shall instruct all personnel associated with the project
of the potential presence of manatees and the need to avoid collisions
with manatees. All construction personnel are responsible for
observing water-related activities for the presence of manatee(s).
b. The Contractor shall advise all construction personnel that there are
civil and criminal penalties for harming, harassing, or killing manatees
SCOPE OF WORK 00300-Page 51 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
which are protected under the Marine Mammal protection Act of 1972,
the Endangered Species Act of 1973, and the Florida Manatee
Sanctuary Act of 1978. The Contractor may be held responsible for
any manatee harmed, harassed, or killed as a result of construction
activities.
c. Siltation barriers shall be installed and shall be made of material in
which manatees cannot become entangled, shall be properly secured,
and shall be monitored regularly to avoid manatee entrapment.
Barriers shall not block manatee entry to or exit from essential habitat.
d. All vessels associated with the project shall operate at "no wake/idle"
speeds at all times while in water where the draft of the vessel
provides less than four feet clearance from the bottom and that vessels
shall follow routes of deep water whenever possible.
e. If a manatee is sighted within 100 yards of the project area, all
appropriate precautions shall be implemented by the Contractor to
ensure protection of the manatee. These precautions shall include the
operation of all moving equipment no closer than 50 feet to a manatee.
Operation of any equipment closer than 50 feet to a manatee shall
necessitate immediate shutdown of that equipment. Activities will not
resume until the manatee(s) has departed the project area of its own
volition.
f. Any collision with and/or injury to a manatee shall be reported
immediately to the "Manatee Hotline" at 1-800-DIAL FMP (1-800-342-
5367). Collision and/or injury should also be reported to the U.S. Fish
and Wildlife Service in Jacksonville (1-904-232-2580) for north Florida
or Vero Beach (1-561-562-3909) in south Florida.
g. The on-site AMEC inspector will assist the Contractor with meeting all
the above requirements.
D. Threatened and Endangered Species Observations
a. Prior to the initiation of construction activities, an adequately trained
wildlife spotter will confirm that the canal is free of all potential threatened
and endangered (T&E) species. The Contractor will provide an adequately
educated spotter including an in-water spotter to ensure that marine life is
not harmed by the proposed action with special attention being paid to the
presence or absence of the smalltoothed sawfish. Once the professional
spotter has confirmed that there are no T&E species located within the
canal, the contractor will prepare the project area by installing the
remaining best management practices, such as turbidity barriers, as
prescribed in the associated construction plans.
SCOPE OF WORK 00300-Page 52 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
b. Not only will turbidity barriers prevent the movement of turbid water
into the FKNMS, but the barrier will also prevent T&E species from
entering into the canal during the construction phase of the project. In
addition to the aforementioned measures, all construction activities will be
performed in accordance with the Florida Fish and Wildlife Conservation
Commission (FWC) standard manatee conditions for in-water work and the
National Oceanic and Atmospheric Association (NOAA) Fisheries
construction conditions for sea turtles and smalltooth sawfish.
END OF SECTION 00300
SCOPE OF WORK 00300-Page 53 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
SECTION 00350
MILESTONE SCHEDULE/LIQUIDATED DAMAGES
MILESTONES
This section contains the project milestone schedule. The contractor is required to
determine his proposed schedule to meet these milestone dates.
The Contractor is to note the following special milestone dates.
1. Proposal Documents Available........................... .................... November XX, 2004
2. Non-mandatory Pre-Proposal Conference & Site Visit............... December XX, 2014
3. Proposal Due Date.......................................... .................... ....January XX, 2015
4. Monroe County Selection of Contractor (anticipated).................. ..January XX, 2015
5. Signed Contract, Bond & Insurance Documents to Monroe County by the Contractor
(anticipated)...... ...................................................................................January XX, 2015
6. Board of County Commission Meeting, Approval of Contractor & Contract...
............................................................................................. January 21, 2015
7. Notice to Proceed Issued & Pre-Construction Meeting Held (anticipated)
.........................................................................................................January xx 2015
9. Contractor Submittal of Required Technical Plans and Schedule (anticipated)
..................................................................................... February XX, 2015
10. Mandatory Initiation of Construction (anticipated) .....................February XX, 2015
11. Substantial Completion90 calendar days (anticipated)................. May XX, 2015
The Contractor shall commence performance of this Contract within ten (10) calendar
days after the date of issuance to the Contractor by Owner of the Notice to Proceed. If
the work including mobilization is not initiated within seven (7) calendar days from
Issuance of the Notice to Proceed, a fine of$500/day for days 1-15, $1,000/day for days
16-30, and $3,500/day after 30 days will be incurred by the Contractor until work has
commenced. Mobilization shall not constitute commencement of Work. Once
commenced, Contractor shall diligently continue performance until completion of the
Project. The Contractor shall accomplish Substantial Completion of the Project within
Ninety (90) calendar days from Notice to Proceed. Contractor shall accomplish Final
Completion of the Project within thirty (30) calendar days thereafter.
MILESTONE SCHEDULE 00350-Page 54 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
The term "Substantial Completion" as used herein shall mean that point at which, as
certified in writing by AMEC, the Project is at a level of completion in strict compliance
with this Contract such that the Owner or its designee can enjoy beneficial use or
occupancy and can use or operate it in all respects for its intended purpose. Partial use
or occupancy of the Project shall not result in the Project being deemed substantially
complete and such partial use or occupancy shall not be evidence of Substantial
Completion. The term "Final Completion" as used herein shall mean that point at which,
as certified in writing by AMEC/Engineer, that the Project is 100% complete and in
conformance with the Contract.
LIQUIDATED DAMAGES
Conditions Under Which Liquidated Damages are Imposed—The time or times
stipulated in the contract for completion of the work of the contract or of specified
phases of the contract shall be the calendar date or dates listed in the milestone
schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Sustainability Manager's
signature of approval on the Certificate of Substantial Completion. The liquidated
damages table below shall be utilized to determine the amount of liquidated damages.
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by
the Owner shall be an extension of time on the Contract.
END OF SECTION 00350
MILESTONE SCHEDULE 00350-Page 55 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
SECTION 00500
AGREEMENT
SAMPLE AGREEMENT
Between Owner and Contractor
(Final Agreement To Be Negotiated Following Award
Of Contract By Monroe County BOCC)
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the (write out the date)
BETWEEN the Owner: Monroe County Board of County Commissioners
1100 Simonton Street
The Gato Building, Room 2-205
Key West, Florida 33040
And the Contractor: CONTRACTOR
ADDRESS
ADDRESS
For the following Project: CANAL BACKFILLING, WATER QUALITY IMPROVEMENT
PROJECT, CANAL #29 SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
This Agreement represents one of the canal restoration demonstration projects
approved by the Monroe County BOCC, whose public purpose is to improve the water
quality in Monroe County.
Scope of the Work
1 Project Overview
The Scope of Work consists of backfilling Canal #29 located in Sexton Cove Estates
Subdivision, Monroe County, Key Largo Florida. The backfilling activities are to be
completed so that a natural benthic community can be established. The backfilling will
raise the canal bottom to -8.7 ft. NAVD, which is approximately 6 feet below the Mean
Sea Level for the canal (a depth that is typically suitable to allow for sufficient light and
oxygen to permeate the water column to support a healthy ecological habitat). The
backfilling shall be done in such a way to prevent impact to the nearshore waters, and
shall be completed using the staging area identified in the project located at 11 Pigeon
Road, Key Largo, or an approved alternate.
AGREEMENT 00500-Page 56 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
2 General Project Intent and Scope
Provide all labor, supervision, engineering, materials, supplies, equipment, tools,
transportation, surveying, layout, and protection for the proper execution and completion
of all the work in accordance with the Contract Documents. The Work shall include but
not be limited to that shown on the Drawings and detailed in the Technical
Specifications if any included in this Contract.
3 General Requirements
A. Construction work times shall be limited to:
8AM to 6PM Mon-Fri, excluding holidays
B. Contractor needs to be aware of weather and location and plan accordingly.
C. Contractor must remain aware of the community residences and plan
accordingly. Coordination of each day's works shall be done in advance with
approval from AMEC/Engineer.
D. The Scope of Work shall include, but not be limited to, all work shown and listed
in the Project Drawings (Exhibit A). The Contractor is required to provide a
complete job as contemplated by the drawings and specifications, which are a
part of this bid package. The Contractor shall furnish all labor, supervision,
materials, power, tools, equipment, supplies and any other means of construction
necessary or proper for performing and completing the Scope of Work, unless
otherwise specifically stated.
Monroe County has made all reasonable efforts to obtain the required permits for this
project. If the Contractor is aware of another permit that is required, it is up to them to
obtain it.
SPECIAL PROVISIONS
The following Special Provisions are intended to clarify the scope of work, or
highlight features of the work, or modify, change, add to, or delete from the General
Scope of this Proposal Package.
1. All licenses required in order to perform the scope of work in the specified
location, shall be procured and maintained by the contractor and his
subcontractors. Contractor shall submit copies to AMEC prior to notice to
proceed. Contractor's license shall accompany proposal.
2. Contractor is to review Division 1 General Requirements for additional
responsibilities required in order to perform this Work.
3. If in the event of conflicting, or overlapping requirements in any area of the
proposal documents, technical specifications, or drawings, the most
AGREEMENT 00500-Page 57 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
stringent condition shall be proposed and constructed. Notify
Sustainability Manager in any event, in order to not compromise the
Owner's right to make appropriate decisions.
4. Contractor shall maintain As-Built Drawings, (Record Drawings per
Section 01720), of his work progression.
5. Contractor shall provide suitable storage container, and be responsible for
disposal off-site of all debris and trash.
6. The Contractor shall coordinate with Owner's representative on available
hours for Job Site access. Job site will have limited 8AM -6PM work hours
Mon-Friday excluding holidays. Contractor will need to schedule work
shifts typically from 8AM- 6PM weekly. Any change to agreed upon
schedule must be obtained in writing with a minimum of 72 hrs. advanced
notice.
7. Coordination of each days works shall be done in advance with approval
from AMEC / Engineer..
The Engineer is: AMEC Environment & Infrastructure
Greg Corning
102 Avenue K
Marathon, Florida, 33050
314-920-8359
The Owner and Contractor agree as set forth below.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract
(General, Supplementary and other Conditions), Drawings, Specifications, Proposal
Documents, Addenda issued prior to execution of this Agreement, together with the
response to RFP and all required insurance documentation, and Modifications issued
after execution of this Agreement. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. An enumeration of the Contract
Documents, other than Modifications, appears in Article 9. In the event of a discrepancy
between the documents, precedence shall be determined by the order of the documents
as just listed.
AGREEMENT 00500-Page 58 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents,
except to the extent specifically indicated in the Contract Documents to be the
responsibility of others, or as follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued
by the Owner. The Contractor shall proceed with Work no later than 7 calendar days
after receipt of the Notice To Proceed. Failure to commence with Work within the 7 day
time period shall result in a $500.00 fine to the Contractor for each day that work does
not commence for the first 15 days, $1,000/day for days 16-30 and $3,500 per day for
days 31 and thereafter, as specified below.
The Contractor shall achieve Substantial Completion of the entire Work not later than
Ninety- (90) calendar days after the date of commencement or issuance of a Notice to
Proceed. The time or times stipulated in the contract for completion of the work of the
contract or of specified phases of the contract shall be the calendar date or dates listed
in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Sustainability Manager's
signature of approval on the Certificate of Substantial Completion. The liquidated
damages table below shall be utilized to determine the amount of liquidated damages.
FIRST SECOND 31 ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by
the Owner shall be an extension of time on the Contract.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's
performance of the Contract the Contract Sum of
/100
Dollars ($ ), subject to additions and deductions as provided in the Contract
Documents.
AGREEMENT 00500-Page 59 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
4.2 The Contract Sum is based upon the following alternates, if any, which are
described in the Contract Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If decisions on other
alternates are to be made by the Owner subsequent to the execution of this Agreement.
Attach a schedule of such other alternates showing the amount for each and the date
until which that amount is valid.)
Alternate # 1: Alternate Staging Area If Provided
/100
(Cost in words)
Dollars ($ )
4.3 Unit prices, if any, are as follows:
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the
Sustainability Program Manager, and upon approval for payment issued by the
Sustainability Program Manager, and Engineer, the Owner shall make progress
payments on account of the Contract Sum to the contractor as provided below and
elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month
ending on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local
Government Prompt Payment Act, section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values
submitted by the Contractor in accordance with the Contract Documents. The Schedule
of Values shall allocate the entire Contract Sum among the various portions of the Work
and be prepared in such form and supported by such data to substantiate its accuracy
as the Sustainability Program Manager may require. This schedule, unless objected to
by the Sustainability Program Manager, shall be used as a basis for reviewing the
Contractor's Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each
portion of the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each
progress payment shall be computed as follows:
AGREEMENT 00500-Page 60 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the
share of the total Contract Sum allocated to that portion of the Work in the Schedule of
Values, less retainage of Ten Percent 10%. Pending final determination of cost to the
owner of changes in the Work, amounts not in dispute may be included in Applications
for Payment. The amount of credit to be allowed by the Contractor to the Owner for a
deletion or change which results in a net decrease in the Contract Sum shall be the net
cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the
change Request, as indicated in the corresponding line item in the Approved Schedule
of Values for that line item as confirmed by the Sustainability Program Manager. When
both additions and credits covering related Work or substitutions are involved in a
change the allowance for overhead and profit shall be figured on the basis of net
increase, if any, with respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and
equipment delivered and suitably stored at the site for subsequent incorporation in the
completed construction (or, if approved in advance by the Owner, suitably stored off the
site at a location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Sustainability Program Manager has
withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the
General Conditions.
5.7 Retainage of 10% will be withheld in accordance with section 218.735 (8(b),
Florida Statutes.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes 255.078, "Public
Construction Retainage". Reduction or limitation of retainage, if any, shall be reduced
incrementally at the discretion of and upon the approval of the Sustainability Manager.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be
made by the Owner to the Contractor when (1) the Contract has been fully performed by
the Contractor except for the Contractor's responsibility to correct nonconforming Work
as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other
requirements, if any, which necessarily survive final payment, and (2) a final approval
for payment has been issued by the Sustainability Program Manager. Such final
payment shall be made by the Owner not more than 20 days after the issuance of the
final approval for payment. The following documents (samples in section 1027) are
required for Final Payment:
(1) Application and Certificate for Payment
AGREEMENT 00500-Page 61 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided
binders and one (1) saved electronically tabbed and indexed in Adobe
Acrobat file (.PDF) format delivered on a downloadable CD/DVD or flash
drive of all the following but not limited to:
A .Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's
personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals
G. Evidence of payment and final release of liens and consent of surety to
final release (includes final release from all utilities and utility
companies).
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General
Conditions or another Contract Document, the reference refers to that provision as
amended or supplemented by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt
Payment Act and Monroe County Code.
7.3 Temporary facilities and services: As described in Article 34 of the General
Conditions
7.4 Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners.
7.5 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 proposal on a
contract with a public entity for the construction or repair of a public building or public
AGREEMENT 00500-Page 62 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
work, may not submit proposals on leases of real property to public 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.
7.6 The following items are included in this contract:
a) Contractor shall maintain all books, records, and documents directly pertinent
to performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement
and for four years following the termination of this Agreement. If an auditor employed
by the County or Clerk determines that monies paid to Contractor pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the Contractor
shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS,
running from the date the monies were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement
shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the County and Contractor agree that venue shall lie in
the appropriate court or before the appropriate administrative body in Monroe County,
Florida. The Parties waive their rights to trial by jury. The County and Contractor agree
that, in the event of conflicting interpretations of the terms or a term of this Agreement
by or between any of them the issue shall be submitted to mediation prior to the
institution of any other administrative or legal proceeding, pursuant to Section XVI of
this agreement.
c) Severability. If any term, covenant, condition or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall be
valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the
event any cause of action or administrative proceeding is initiated or defended by any
party relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs as an award against the
AGREEMENT 00500-Page 63 of 205
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non-prevailing party, and shall include attorney's fees and courts costs in appellate
proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Contractor and their
respective legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law. Each party agrees that it has had
ample opportunity to submit this Contract to legal counsel of its choice and enters into
this agreement freely, voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall
be, and is, empowered to apply for, seek, and obtain federal and state funds to further
the purpose of this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree
that all disputes and disagreements shall be attempted to be resolved by meet and
confer sessions between representatives of each of the parties. If the issue or issues
are still not resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement is not subject to arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination. County and Contractor agree that there will be no
discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. County or Contractor agree to comply with all
Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights
Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC
ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis
of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
AGREEMENT 00500-Page 64 of 205
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SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended
from time to time, relating to nondiscrimination on the basis of disability; 10) Any
other nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Agreement.
k) Covenant of No Interest. County and Contractor covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that only interest of
each is to perform and receive benefits as recited in this Agreement.
1) Code of Ethics. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect
to itself, it has neither employed nor retained any company or person, other than a bona
fide employee working solely for it, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the Contractor agrees that the County shall
have the right to terminate this Agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
n) Public Access. The County and Contractor shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the County and Contractor in conjunction with this
Agreement; and the County shall have the right to unilaterally cancel this Agreement
upon violation of this provision by Contractor. Contractor is required to:
(1) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
(2) Provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that
does not exceed the cost provided in this chapter or as otherwise provided by
law.
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CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
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(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law.
(4) Meet all requirements for retaining public records and transfer, at no cost, to
the public agency all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to the public agency in a format
that is compatible with the information technology systems of the public agency.
o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the Contractor and the County in this Agreement
and the acquisition of any commercial liability insurance coverage, self-insurance
coverage, or local government liability insurance pool coverage shall not be deemed a
waiver of immunity to the extent of liability coverage, nor shall any contract entered into
by the County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the
County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute, and
case law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of individuals, entity
or entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated in
this Agreement.
AGREEMENT 00500-Page 66 of 205
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s) Attestations. Contractor agrees to execute such documents as the County
may reasonably require, to include a Public Entity Crime Statement, an Ethics
Statement, and a Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject
to any personal liability or accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number
of counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto may
execute this Agreement by signing any such counterpart.
v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, Contractor shall defend,
indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and
employees harmless from and against (i) any claims, actions or causes of action, (ii)
any litigation, administrative proceedings, appellate proceedings, or other proceedings
relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection with,
(A) any activity of Contractor or any of its employees, agents, contractors or other
invitees during the term of this Agreement, (B) the negligence or willful misconduct of
Contractor or any of its employees, agents, sub-contractors or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the
terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent
acts or omissions of the COUNTY or any of its employees, agents, contractors or
invitees (other than Contractor). Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that occur
during the term of this Agreement, this section will survive the expiration of the term of
this Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Contractor s failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased
expenses resulting from such delay. Should any claims be asserted against the County
by virtue of any deficiency or ambiguity in the plans and specifications provided by the
Contractor, the Contractor agrees and warrants that the Contractor shall hold the
County harmless and shall indemnify it from all losses occurring thereby and shall
further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
AGREEMENT 00500-Page 67 of 205
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w) Section Headings. Section headings have been inserted in this Agreement
as a matter of convenience of reference only, and it is agreed that such section
headings are not a part of this Agreement and will not be used in the interpretation of
any provision of this Agreement.
x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the
policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have
the opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Contractor
agree to ensure that DBE's have the opportunity to participate in the performance of the
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with applicable federal and state laws and regulations
to ensure that DBE's have the opportunity to compete and perform contracts. The
County and Contractor and subcontractors shall not discriminate on the basis of race,
color, national origin or sex in award and performance of contracts, entered pursuant to
this Agreement.
y) Agreements with Subcontractors. In the event that the Contractor
subcontracts any or all of the work in this project to any third party, the Contractor
specifically agrees to identify the COUNTY as an additional insured on all insurance
policies required by the County. In addition, the Contractor specifically agrees that all
agreements or contracts of any nature with his subcontractors shall include the
COUNTY as additional insured.
z) Florida Green Building Coalition Standards. Monroe County requires its
buildings to conform to Florida Green Building Coalition standards.
Special Conditions, if any are detailed in Section 00990 of the Project Manual for this
Project.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the
General Conditions.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: (Insert information here).
a) Drawings:
b) Project Manual:
AGREEMENT 00500-Page 68 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
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9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner
and Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for
Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in
the Project Manual dated:
9.1.4 The Addenda, if any, are as follows:
Number Date Page
9.1.5 The Alternates, if any, are as follows:
Alternate No. 1:
END ALTERNATES
AGREEMENT 00500-Page 69 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL #29
SEXTON COVE, KEY LARGO, MONROE COUNTY, FL
This Agreement is entered into as of the day and year first written above and is
executed in at least four original copies of which one is to be delivered to the
Contractor.
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE
NOTARIZED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
Date
(SEAL) CONTRACTOR
Attest:
By: By:
Print Name: Print name:
Title: Title:
Date: Date:
And:
By: Print Name:
Title: Date:
STATE OF FLORIDA
COUNTY OF
On this day of , 20_, before me ,the undersigned notary public,
Personally appeared , known to me to be the
Person whose name is subscribed above or who produced
As identification, and acknowledged that he/she is the person who executed the
above contract with Monroe County for the
Project for the purposes therein contained.
By:
Notary Public
Print Name
My commission expires: Seal
AGREEMENT 00500-Page 70 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
KEY LARGO, MONROE COUNTY, FL
GENERAL REQUIREMENTS
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan
Section 00990 Special Conditions
Section 01010 Summary of Work
Section 01015 Contractor's Use of the Premises
Section 01027 Application for Payment
Section 01030 Alternates
Section 01040 Project Coordination
Section 01045 Cutting and Patching
Section 01050 Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals
Section 01310 Progress Schedules
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports
Section 01395 Request for Information — (RFI)
Section 01400 Quality Control
Section 01410 Testing Laboratory Services
Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties
GENERAL REQUIREMENTS Page 71 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
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Section 00750
General Conditions of the Contract for Construction
Table of Articles
1. General Provisions
2. Owner
3. Contractor
4. Administration of the Contract
5. Subcontractors
6. Construction by Owner or By Other Contractors
7. Changes in the Work
8. Time
9. Payments and Completion
10.Protection of Persons and Property
11.Insurance and Bonds
12.Uncovering and Correction of Work
13.Miscellaneous Provisions
14.Termination or Suspension of the Contract
GENERAL REQUIREMENTS Page 72 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
KEY LARGO, MONROE COUNTY, FL
SECTION 00750
GENERAL CONDITIONS OF THE CONTRACT
1.0 GENERAL PROVISIONS
1.1 Basic Definitions
1.1.1 The Contract Documents: The Contract Documents consist of the Agreement
between Owner and Contractor, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, addenda issued prior to execution of the Contract,
Owners proposal documents, other documents listed in the Agreement and Modifications issued
after execution of the Contract, and the Contractor's proposal and supporting documentation. A
Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change
Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work
issued by AMEC/Engineer.
1.1.2 The Contract: The Contract represents the entire and integrated agreement between
the parties hereto and supersedes prior negotiations, representations or agreements, either
written or oral. The Contract may be amended or modified only by a Modification. The Contract
Documents shall not be construed to create a contractual relationship of any kind (1) between
the Engineer and Contractor, (2) between Sustainability Manager and Contractor, (3) between
the AMEC/Engineer and Sustainability Manager, (4) between the Owner and a Subcontractor or
(5) between any persons or entities other than the Owner and Contractor. The Owner shall,
however, be entitled to enforce the obligations under the Contract intended to facilitate
performance of the duties of Sustainability Manager and AMEC/Engineer.
1.1.3 The Work: The term "Work" means the construction and services required by the
Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor's obligations. The Work may constitute the whole or a part of the Project.
1.1.4 The Project: The Project is the total construction of which the Work performed under
the Contract Documents may be the whole or a part and which may include construction by
other Contractors and by the Owner's own forces including persons or entities under separate
contracts not administered by Sustainability Manager.
1.1.5 The Drawings: The Drawings are the graphic and pictorial portions of the Contract
Documents, wherever located and whenever issued, showing the design, location and
dimensions of the Work, generally including plans, elevations, sections, details, schedules and
diagrams.
1.1.6 The Specifications: The Specifications are that portion of the Contract Documents
consisting of the written requirements for materials, equipment, construction systems, standards
and workmanship for the Work, and performance of related services.
1.1.7 The Project Manual: The Project Manual is the volume usually assembled for the Work
which may include the proposal requirements, sample forms, Conditions of the Contract and
Specifications.
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1.2 Execution, Correlation and Intent
1.2.2 Execution of the Contract by the Contractor is a representation that the Contractor has
visited the site, become familiar with local conditions under which the Work is to be performed
and correlated personal observations with requirements of the Contract Documents.
1.2.3 The intent of the Contract Document is to include all items necessary for the proper
execution and completion of the Work by the contractor. The Contract Documents are
complementary, and what is required by one shall be as binding as if required by all;
performance by the Contractor shall be required only to the extent consistent with the Contract
Documents and reasonably inferable from them as being necessary to produce the intended
results.
1.2.4 Organization of the Specifications into divisions, sections and articles, and arrangement
of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in
establishing the extent of Work to be performed by any trade.
1.2.5 Unless otherwise stated in the Contract Documents, words which have well-known
technical or construction industry meanings are used in the Contract Documents in accordance
with such recognized meanings.
1.2.6 Where on any of the drawings a portion of the Work is drawn out and the remainder is
indicated in outline, the parts drawn out shall also apply to all other like portions of the Work.
1.3 Ownership and Use of Engineer's Drawings, Specifications and Other Documents
1.3.1 The Drawing, Specifications and other documents prepared by the AMEC/Engineer are
instruments of the Engineer's service through which the Work to be executed by the Contractor
is described. The Contractor may retain one contract record set. Neither the Contractor nor
any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a
copyright in the Drawings, Specifications and other documents prepared by the
AMEC/Engineer. All copies of them, except the Contractor's record set, shall be returned or
suitably accounted for to AMEC/Engineer on request, upon completion of the Work. The
Drawings, Specifications and other documents prepared by the Engineer, and copies thereof
furnished to the Contractor, are for use solely with respect to the Project. They are not to be
used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment
suppliers unless they are granted a limited license to use and reproduce applicable portions of
the Drawings, Specifications and other documents prepared by the Engineer appropriate to and
for use in the execution of their Work under the Contract Documents. All copies made under
this license shall bear the statutory copyright notice, if any, shown on the Drawings,
Specifications and other documents prepared by the Engineer. Submittal or distribution to meet
official regulatory requirements or for other purposes in connection with this Project is not to be
construed as publication in derogation of copyright or other reserved rights
1.3.2 Unless otherwise provided in the Contract Documents, the Contractor will be furnished,
two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the
Project Manual free of charge for the execution of the Work. Additional copies may be obtained
from AMEC/Engineer at a fee of $5.00 per page for full size drawings (.25 per page for written
specifications or I Vx 17" drawings).
1.4 Capitalization
GENERAL CONDITIONS OF CONTRACT 00750-Page 74 of 205
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1.4.1 Terms capitalized in these General Conditions include those which are (1) specifically
defined, (2) the titles of numbered articles and identified references to Paragraphs,
Subparagraphs and Clauses in the document or (3) the titles of other documents published by
the American Institute of Architects.
1.5 Interpretation
1.5.1 In the interest of brevity the Contract Documents frequently omit modifying words such
as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is
absent from one statement and appears in another is not intended to affect the interpretation of
either statement.
2.0 OWNER
2.1 Definition
2.1.1 The Owner is Monroe County. The term "Owner" means the Owner or the Owner's
authorized representative.
2.2 Information and Services Required of the Owner
2.2.2 Not applicable
2.2.3 Not applicable
2.2.4 Information or services under the Owner's control shall be furnished by the Owner with
reasonable promptness to avoid delay in orderly progress of the Work.
2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished
two (2) original sealed copies and one (1) electronic copy of Drawings, Specifications and the
Project Manual free of charge for the execution of the Work as provided in Subparagraph 1.3.2.
2.2.6 The Owner shall forward all communications to the Contractor through Sustainability
Manager and may contemporaneously provide the same communications to the Engineer.
2.2.7 The foregoing are in addition to other duties and responsibilities of the Owner
enumerated herein and especially those in respect to Article 6 (Construction by Owner or by
Other Contractors), Article 9 (Payments and Completion) and Article 11 (Insurance and Bonds).
2.3 Owner's Right to Stop the Work
2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of
the contract Documents as required by Paragraph 12.2 or persistently fails to carry out Work in
accordance with the Contract Documents, the Owner, by written order signed personally or by
an agent specifically so empowered by the Owner, may order the Contractor to stop the Work,
or any portion thereof, until the cause for such order has been eliminated; however, the right of
the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this
right for the benefit of the Contractor or any other person or entity.
2.4 Owner's Right to Carry Out the Work
2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a three-day period after receipt of written notice from the
Owner to commence and continue correction of such default or neglect with diligence and
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promptness, the Owner may after such three-day period give the Contractor a second written
notice to correct such deficiencies within a three-day period. If the Contractor within such
second three-day period after receipt of such second notice fails to commence and continue to
correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may
have, correct such deficiencies. In such case an appropriate Change Order shall be issued
deducting from payments then or thereafter due the Contractor the cost of correcting such
deficiencies, including compensation for another contractor or subcontractor or Sustainability
Manager's and Engineer's and their respective consultants' additional services and expenses
made necessary by such default, neglect or failure. If payments then, or thereafter, due the
Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to
the Owner. In the event of clean-up issues, Owner has right to provide a minimum of 24 hours'
notice. In the event of safety issues determined to be of a serious nature, as determined by
AMEC/Engineer, notice will be given, and contractor is required to rectify deficiency
immediately.
3.0 CONTRACTOR
3.1 Definition
3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred
to throughout this Agreement as if singular in number. The term "Contractor" means the
Contractor or the Contractor's authorized representative.
3.1.2 The plural term "Contractors" refers to persons or entities who perform construction
under Conditions of the Contract that are administered by Sustainability Manager, and that are
identical or substantially similar to these Conditions.
3.2 Review of Contract Documents and Field Conditions by Contractor
3.2.1 The Contractor shall carefully study and compare the Contract Documents with each
other and with information furnished by the Owner pursuant to Subparagraph 2.2.2 and shall at
once report to AMEC/Engineer errors, inconsistencies or omissions discovered. The Contractor
shall not be liable to the Owner, Sustainability Manager or AMEC/Engineer for damage resulting
from errors, inconsistencies or omissions in the Contract Documents unless the Contractor
recognized such error, inconsistency or omission and knowingly failed to report it to
AMEC/Engineer. If the Contractor performs any construction activity knowing it involves a
recognized error, inconsistency or omission in the Contract Documents without such notice to
AMEC/Engineer, the Contractor shall assume appropriate responsibility for such performance
and shall bear an appropriate amount of the attributable costs for correction.
3.2.2 The Contractor shall take field measurements and verify field conditions and shall
carefully compare such field measurements and conditions and other information known to the
Contractor with the Contract Documents before commencing activities. Errors, inconsistencies
or omissions discovered shall be reported to AMEC/Engineer at once.
3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and
submittals approved pursuant to Paragraph 3.12.
3.3 Supervision and Construction Procedures
3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and
attention. The Contractor shall be solely responsible for and have control over construction
means, methods, techniques, sequences and procedures and for coordinating all portions of the
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Work under this Contract, subject to overall coordination of AMEC/Engineer as provided in
Subparagraphs 4.6.3 and 4.6.5.
3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the
Contractor's employees, Subcontractors and their agents and employees, and other persons
performing portions of the Work under a contract with the Contractor.
3.3.3 The Contractor shall not be relieved of obligations to perform the Work in accordance
with the Contract Documents either by activities or duties of Sustainability Manager or
AMEC/Engineer in its administration of the Contract, or by test, inspections or approvals
required or performed by persons other than the Contractor.
3.3.4 The Contractor shall inspect portions of the Project related to the Contractor's Work in
order to determine that such portions are in proper condition to receive subsequent work.
3.3.5 The Contractor shall verify that the Construction Documents being worked with are the
most recent and updated available, including all Addenda information. Also the Contractor will
perform the work strictly in accordance with this contract.
3.4 Labor and Materials
3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services necessary for proper execution and
completion of the Work, whether temporary or permanent and whether or not incorporated or to
be incorporated in the Work.
3.4.2 The Contractor shall enforce strict discipline and good order among the Contractor's
employees and other persons carrying out the Contract. The Contractor shall not permit
employment of unfit persons or persons not skilled in tasks assigned to them.
3.4.3 The Contractor is responsible for the conduct of his employees at all times. Misconduct,
destruction of property, unsafe practices, or violation of any Federal or State regulations
including abuse of alcohol or drugs, will be cause for permanent dismissal from the project. If
any Contractor's employee is determined to be detrimental to the Project, as deemed by
AMEC/Engineer, the Contractor will remove and/or replace the employee at the request of
AMEC/Engineer. Employees dismissed from the project will be transported from the job site at
the Contractor's expense.
3.4.4 The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
3.4.5 The Contractor shall be responsible for complete, timely and accurate field
measurements as necessary for proper coordination, fabrication and installation of his materials
and equipment. The Contractor agrees to cooperate with AMEC/Engineer, if required, to
accommodate any discovered variations or deviations from the Drawings and Specifications so
that the progress of the Work is not adversely affected.
3.5 Warranty
3.5.1 The Contractor warrants to the Owner, Sustainability Manager and AMEC/Engineer that
materials and equipment furnished under the Contract will be of good quality and new unless
otherwise required or permitted by the Contract Documents, that the Work will be free from
defects not inherent in the quality required or permitted, and that the Work will conform with the
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requirements of the Contract Documents. Work not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective. The
Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications
not executed by the Contractor, improper or insufficient maintenance, improper operation, or
normal wear and tear under normal usage. If required by AMEC/Engineer, the Contractor shall
furnish satisfactory evidence as to the kind and quality of materials and equipment.
3.6 Taxes
3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions
thereof provided by the Contractor which are legally enacted when bids are received or
negotiations concluded, whether or not yet effective or merely scheduled to go into effect.
3.7 Permits, Fees and Notices
3.7.1 The County and/or the Engineer/AMEC has applied for the applicable environmental and
County permits. However, the Contractor shall secure and pay for licenses, inspections, testing,
and surveys required by Federal, State, or Municipal entities 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.
3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on performance of the Work.
3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in
accordance with applicable laws, statutes, ordinances, building codes, and rules and
regulations. However, if the Contractor observes that portions of the Contract Documents are at
variance therewith, the Contractor shall promptly notify Sustainability Manager, AMEC/Engineer
and Owner in writing, and necessary changes shall be accomplished by appropriate
Modification.
3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances,
building codes, and rules and regulations without such notice to Sustainability Manager,
AMEC/Engineer and Owner, the Contractor shall assume full responsibility for such Work and
shall bear the attributable costs.
3.8 Not applicable
3.9 Superintendent
3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who
shall be in attendance at the Project site during performance of the Work. The superintendent
shall represent the Contractor, and communications given to the superintendent shall be as
binding as if given to the Contractor. Important communications shall be confirmed in writing.
Other communications shall be similarly confirmed on written request in each case. The
superintendent shall be satisfactory to AMEC/Engineer and shall not be changed except with
the consent of AMEC/Engineer, unless the superintendent proves to be unsatisfactory to the
Contractor or ceases to be in his employ.
3.10 Contractor's Construction Schedule
3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for
the Owner's and AMEC/Engineer's information and Sustainability Manager's approval a
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Contractor's Construction Schedule for the Work. Such schedule shall not exceed time limits
current under the Contract Documents, shall be revised at appropriate intervals as required by
the conditions of the Work and Project, shall be related to the entire Project construction
schedule to the extent required by the Contract Documents, and shall provide for expeditious
and practicable execution of the Work. This schedule, to be submitted within five (5) days after
Notice to Proceed, shall indicate the dates for the starting and completion of the various stages
of construction, shall be revised as required by the conditions of the Work, and shall be subject
to Sustainability Manager's approval.
3.10.2 The Contractor shall cooperate with AMEC/Engineer in scheduling and performing the
Contractor's Work to avoid conflict, delay in or interference with the Work of other Contractors or
the construction or operations of the Owner's own forces.
3.10.4 The Contractor shall conform to the most recent schedules.
3.10.5 AMEC/Engineer will schedule and conduct a project meeting at a minimum of one
meeting per week in each month which the Contractor shall attend. At this meeting, the parties
can discuss jointly such matters as progress, scheduling, and problems.
3.11 Documents and Samples at the Site
3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings,
Specifications, addenda, Change Orders and other Modifications, in good order and marked
currently to record changes and selections made during construction, and in addition approved
Shop Drawings, Product Data, Samples and similar required submittals. These shall be
available to Sustainability Manager and AMEC/Engineer and shall be delivered to
AMEC/Engineer for submittal to the Owner upon completion of the Work.
3.12 Shop Drawings, Product Data and Samples
3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for
the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the Work.
3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions,
brochures, diagrams and other information furnished by the Contractor to illustrate materials or
equipment for some portion of the Work.
3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship
and establish standards by which the Work will be judged.
3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract
Documents. The purpose of their submittal is to demonstrate for those portions of the Work for
which submittals are required the way the Contractor proposes to conform to the information
given and the design concept expressed in the Contract Documents. Review by
AMEC/Engineer is subject to the limitations of Subparagraph 4.6.12.
3.12.5 The Contractor shall review, approve and submit to AMEC/Engineer, in accordance with
the schedule and sequence approved by Sustainability Manager, Shop Drawings, Product Data,
Samples and similar submittals required by the Contract Documents. The Contractor shall
cooperate with AMEC/Engineer in the coordination of the Contractor's Shop Drawings, Product
Data, Samples and similar submittals with related documents submitted by other Contractors.
Submittals made by the Contractor which are not required by the Contract Documents may be
returned without action.
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3.12.6 The Contractor shall perform no portion of the Work requiring submittal and review of
Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has
been approved by AMEC/Engineer. Such Work shall be in accordance with approved
submittals.
3.12.7 By approving and submitting Shop Drawings, Product Data, Samples and similar
submittals, the Contractor represents that the Contractor has determined and verified materials,
field measurements and field construction criteria related thereto, or will do so, and has checked
and coordinated the information contained within such submittals with the requirements of the
Work and of the Contract Documents.
3.12.8 The Contractor shall not be relieved of responsibility for deviations from requirements of
the Contract Documents by AMEC/Engineer approval of Shop Drawings, Product Data,
Samples or similar submittals unless the Contractor has specifically informed Sustainability
Manager and AMEC/Engineer in writing of such deviation at the time of submittal and
AMEC/Engineer has given written approval to the specific deviation. The Contractor shall not
be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or
similar submittals by AMEC/Engineer's approval thereof.
3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop
Drawings, Product Data, Samples or similar submittals, to revisions other than those requested
by Sustainability Manager and AMEC/Engineer on previous submittals.
3.12.10 Informational submittals upon which AMEC/Engineer are not expected to take
responsive action may be so identified in the Contract Documents.
3.12.11 When professional certification of performance criteria of materials, systems or
equipment is required by the Contract Documents, AMEC/Engineer shall be entitled to rely upon
the accuracy and completeness of such calculations and certifications.
3.12.12 If materials specified in the Contract Documents are not available on the present
market, the Contractor may submit data on substitute materials to AMEC/Engineer for approval
by the Owner.
3.13 Use of Site
3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits and the Contract Documents and shall not unreasonably encumber the site with
materials or equipment.
3.13.2 The Contractor shall coordinate the Contractor's operations with, and secure the
approval of, AMEC/Engineer before using any portion of the site.
3.14 Cutting and Patching
3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly; He shall also provide protection of existing
work as required.
3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially
completed construction of the Owner's own forces or of other Contractors by cutting, patching,
excavating or otherwise altering such construction. The Contractor shall not cut or otherwise
alter such construction by other Contractors or by the Owner's own forces except with written
consent of AMEC/Engineer, Owner and such other contractors: such consent shall not be
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unreasonably withheld. The Contractor shall not unreasonably withhold from the other
Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work.
When structural members are involved, the written consent of Sustainability Manager shall also
be required. The Contractor shall not unreasonably withhold from AMEC/Engineer or any
separate contractor his consent to cutting or otherwise altering the Work.
3.14.3 The Contractor shall arrange for any blockouts, cutouts, or openings required for the
installation of his materials and equipment and the execution of his work, whether or not shown
or indicated on the Drawings. The Contractor shall be further responsible for sealing and/or
finishing, in an acceptable fashion and meeting any applicable code requirements, and such
block-out, cutout opening, or other hole in any fire-related floor, ceiling, wall, security wall, or
any other finished surface.
3.15 Cleaning Up
3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of
waste materials or rubbish caused by operations under the Contract. At completion of the Work
the Contractor shall remove from and about the project waste materials rubbish, the
Contractor's tools, construction equipment, machinery and surplus materials. Clean up shall be
performed to the satisfaction of the Owner or AMEC/Engineer.
3.15.2 If the Contractor fails to clean up as provided in the Contract Documents,
AMEC/Engineer may do so with the Owner's approval and the cost thereof shall be charged to
the Contractor.
3.16 Access to Work
3.16.1 The Contractor shall provide the Owner, Sustainability Manager and AMEC/Engineer
access to the Work in preparation and progress wherever located.
3.17 Royalties and Patents
3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend suits
or claims for infringement of patent rights and shall hold the Owner, Sustainability Manager and
AMEC/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 Documents. However, if the Contractor has reason to
believe that the required 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 AMEC/Engineer and Sustainability Manager.
3.18 Indemnification and Hold Harmless
3.18.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's
elected and appointed officers and employees harmless from and against (i) any claims, actions
or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or
other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or
business interruption, and (iii) any costs or expenses that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any
activity of Contractor or any of its employees, agents, contractors or other invitees during the
term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its
employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of
any of the obligations that it undertakes under the terms of this Agreement, except to the extent
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the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents,
contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that occur during
the term of this Agreement, this section will survive the expiration of the term of this Agreement
or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required insurance,
the Consultant shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
4.0 ADMINISTRATION OF THE CONTACT
4.1 AMEC/Engineer
4.1.1 The AMEC/Engineer is the person lawfully licensed to practice engineering or any entity
lawfully practicing engineering identified as such in the Agreement and is referred to throughout
the Contract Documents as if singular in number.
4.2 Sustainability Manager
4.2.1 Sustainability Manager is the person identified as such in the Agreement and is referred
to throughout the Contract Documents. The term "Sustainability Manager" means Monroe
County Sustainability Program Manager or Sustainability Manager's authorized representative.
4.3 Duties, responsibilities and limitations of authority of Sustainability Manager and
AMEC/Engineer as set forth in the Contract Documents shall not be restricted, modified or
extended without written consent of the Owner, Sustainability Manager, Engineer and
Contractor. Consent shall not be unreasonably withheld.
4.4 In case of termination of employment of Engineer, the Owner shall appoint an Engineer
whose status under the Contract Documents shall be that of the former Architect/Engineer.
4.5 Not Used
4.6 Administration of the Contract
4.6.1 Sustainability Manager and AMEC/Engineer will provide administration of the Contract
as described in the Contract Documents, and will be the Owner's representatives (1) during
construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to
time during the correction period described in Paragraph 12.2. Sustainability Manager and
AMEC/Engineer will advise and consult with the Owner and will have authority to act on behalf
of the Owner only to the extent provided in the Contract Document, unless otherwise modified
by written instrument in accordance with other provision of the Contract.
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4.6.2 AMEC/Engineer will determine in general that the Work is being performed in
accordance with the requirements of the Contract Documents, will keep the Owner informed of
the progress of the Work, and will endeavor to guard the Owner against defects and
deficiencies in the Work.
4.6.3 AMEC/Engineer will provide for coordination of the activities of other Contractors and of
the Owner's own forces, if any, with the Work of the Contractor, who shall cooperate with them.
The Contractor shall participate with other Contractors or subcontractors and AMEC/Engineer
Owner in reviewing their construction schedules when directed to do so. The Contractor shall
make any revisions to the Construction schedule deemed necessary after a joint review and
mutual agreement. The construction schedules shall constitute the schedules to be used by the
Contractor, other Contractors, AMEC/Engineer and the Owner until subsequently revised.
4.6.4 Not used.
4.6.5 AMEC/Engineer will visit the site at intervals appropriate to the stage of construction to
become generally familiar with the progress and quality of the completed Work and to determine
in general if the Work is being performed in a manner indicating that the Work, when completed,
will be in accordance with the Contract Documents. However, AMEC or Sustainability Manager
will not be required to make exhaustive or continuous onsite inspections to check quality or
quantity of the Work. On the basis of on-site observations of AMEC/Engineer, AMEC will keep
the Owner informed of progress of the Work, and will endeavor to guard the Owner against
defects and deficiencies in the work.
4.6.6 Sustainability Manager and AMEC/Engineer will not have control over or charge of and
will not be responsible for construction means, method, techniques, sequences or procedures,
or for safety precautions and programs in connection with the Work, since these are solely the
Contractor's responsibility as provided in Paragraph 3.3, and neither will be responsible for the
Contractor's failure to carry out the Work in accordance with the Contract Documents. Neither
Sustainability Manager nor AMEC/Engineer will have control over, or charge of, or be
responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons performing portions of the Work.
4.6.7 Communications Facilitating Contract Administration. Except as otherwise provided in
the Contract Documents or when direct communications have been specially authorized, the
Owner and Contractor shall communicate through Sustainability Manager, and shall
contemporaneously provide the same communications to the AMEC/Engineer.
Communications by and with the Engineer's consultants shall be through the Engineer.
Communications by and with Subcontractors and material suppliers shall be through the
Contractor. Communications by and with other Contractors shall be through Sustainability
Manager and shall be contemporaneously provided to the AMEC/Engineer.
4.6.8 AMEC/Engineer will review and certify all Applications for Payment by the Contractor,
including final payment. AMEC/Engineer will assemble each of the Contractor's Applications for
Payment with similar Applications from other Contractor into a Project Application for Payment.
After reviewing and certifying the amounts due the Contractors, the Project Application for
Payment, along with the applicable Contractors' Applications for Payment, will be processed by
Sustainability Manager.
4.6.9 Based on AMEC/Engineer's observations and evaluations of Contractors' Applications
for Payment, AMEC/Engineer will certify the amounts due the Contractors and will issue a
Project Approval for Payment.
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4.6.10 AMEC/Engineer will have authority to reject Work which does not conform to the
Contract Documents, and to require additional inspection or testing, in accordance with
Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or
completed, but will take such action only after notifying Sustainability Manager. Subject to
review, Sustainability Manager will have the authority to reject Work which does not conform to
the Contract Documents. Whenever AMEC/Engineer considers it necessary or advisable for
implementation of the intent of the Contract Documents, AMEC/Engineer have authority to
require additional inspection or testing of the work in accordance with Subparagraphs 13.5.2
and 13.5.3, whether or not such Work is fabricated, installed or completed. The foregoing
authority of Sustainability Manager will be subject to the provisions of Subparagraphs 4.6.18
through 4.6.20 inclusive, with respect to interpretations and decisions of AMEC/Engineer.
However, neither AMEC/Engineer's nor Sustainability Manager's authority to act under this
Subparagraph 4.6.10 nor a decision made by either of them in good faith either to exercise or
not to exercise such authority shall give rise to a duty or responsibility of AMEC/Engineer or
Sustainability Manager to the Contractor, Subcontractors, material and equipment suppliers,
their agents or employees, or other persons performing any of the Work.
4.6.11 AMEC/Engineer will receive from the Contractor and review and approve all Shop
Drawings, Product Data and Samples, coordinate them with information received from other
Contractors, and review those recommended for approval. AMEC/Engineer's actions will be
taken with such reasonable promptness as to cause no delay in the Work of the Contractor or in
the activities of other Contractors or the Owner.
4.6.12 AMEC/Engineer will review and approve or take other appropriate action upon the
Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the
limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. AMEC/Engineer's action will be taken with such
promptness consistent with the constraints of the project schedule so as to cause no delay in
the Work of the Contractor or in the activities of the other Contractors, the Owner, or
Sustainability Manager, while allowing sufficient time to permit adequate review. Review of
such submittals is not conducted for the purpose of determining the accuracy and completeness
of other details such as dimensions and quantities, or for substantiating instructions for
installation or performance of equipment or systems, all of which remain the responsibility of the
Contractor as Contractor as required by the Contract Documents. AMEC/Engineer's review of
the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs
3.3, 3.5 and 3.12. AMEC/Engineer's review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by AMEC/Engineer, of any construction means,
methods, techniques, sequences or procedures. AMEC/Engineer's approval of a specific item
shall not indicate approval of an assembly of which the item is a component.
4.6.13 Sustainability Manager will prepare Change Orders and Construction Change Directives,
in consultation with AMEC/Engineer.
4.6.14 Following consultation with AMEC/Engineer, Sustainability Manager will take appropriate
action on Change Orders or Construction Change Directives.
4.6.16 The Contractor will assist AMEC/Engineer in conducting inspections to determine the
dates of Substantial completion and final completion, and will receive and forward to
AMEC/Engineer written warranties and related documents required by the Contract and
assembled by the Contractor. AMEC/Engineer will review and approve a final Project
Application for Payment upon compliance with the requirements of the Contract Documents.
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4.6.17 AMEC/Engineer will provide one or more project representatives to assist in carrying out
their responsibilities at the site. The duties, responsibilities and limitations of authority of such
project representatives shall be as set forth in an Exhibit to be incorporated in the Contract
Documents.
4.6.18 AMEC/Engineer will interpret and decide matters concerning performance under and
requirements of the Contract Documents on written request of the Owner or Contractor.
AMEC/Engineer's response to such requests will be made with reasonable promptness and
within any time limits agreed upon. If no agreement is made concerning the time within which
interpretations required of Engineer shall be furnished in compliance with this Paragraph 4.6,
then delay shall not be recognized on account of failure by Engineer to furnish such
interpretations until 15 days after written request is made for them.
4.6.19 Interpretations and decisions of Sustainability Manager will be consistent with the intent
of and reasonably inferable from the Contract Documents and will be in writing or in the form of
drawings. When making such interpretations and decisions, Sustainability Manager will
endeavor to secure faithful performance by both Owner and Contractor, will not show partiality
to either and will not be liable for results of interpretations or decisions so rendered in good faith.
4.6.20 Sustainability Manager's decisions on matters relating to aesthetic effect will be final if
consistent with the intent expressed in the Contract Documents.
4.7 Claims and Disputes
4.7.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter
of right, adjustment or interpretation of Contract terms, payment of money, extension of time or
other relief with respect to the terms of the Contract. The term "Claim" also includes other
disputes and matters in question between the Owner and Contractor arising out of or relating to
the Contract. Claims must be made by written notice. The responsibility to substantiate Claims
shall rest with the party making the claim.
4.7.2 Meet and Confer. The Contractor and Sustainability Manager shall try to resolve the
claim or dispute with meet and confer sessions to be commenced within 15 days of the dispute
or claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit
Court, 16t" Judicial Circuit, Monroe County, Florida.
4.7.3 Time Limits on Claims. Claims by either party must be made within 21 days after
occurrence of the event giving rise to such Claim or within 21 days after the claimant first
recognizes the condition giving rise to the Claim, whichever is later. Claims must be made by
written notice. An additional Claim made after the initial Claim has been implemented by
Change Order will not be considered unless submitted in a timely manner. This notice is not a
condition precedent to any other legal action or suit.
4.7.4 Continuing Contract Performance. Pending final resolution of a Claim unless
otherwise agreed in writing the Contractor shall proceed diligently with performance of the
Contract and the Owner shall continue to make payments in accordance with the Contract
Documents.
4.7.5 Waiver of Claims: Final Payment. The making of final payment shall constitute a
waiver of Claim by the Owner except those arising from:
.1 liens, Claims, security interests or encumbrances arising out of the Contract and
unsettled;
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.2 failure of the Work to comply with the requirements of the Contract Documents; or
.3 terms of special warranties required by the Contract Documents.
4.7.6 Claims for Concealed or Unknown Conditions. If conditions are encountered at the
site which are (1) subsurface or otherwise concealed physical conditions which differ materially
from those indicated in the Contract Documents or (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the character provided for in the Contract
Documents, then notice by the observing party shall be given to the other party promptly before
conditions are disturbed and in no event later than 21 days after first observance of the
conditions. Sustainability Manager will promptly investigate such conditions, and the parties will
follow the procedure in paragraph 4.7.2.
4.7.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in
the Contract Sum, written notice as provided herein shall be given before proceeding to execute
the Work. Prior notice is not required for Claims relating to an emergency endangering life or
property arising under Paragraph 10.3 If the Contractor believes additional cost is involved for
reasons including but not limited to (1) a written interpretation from Sustainability Manager, (2) a
written order for a minor change in the Work issued by AMEC/Engineer, (3) failure of payment
by the Owner, (4) termination of the Contract by the Owner, (5) Owner's suspension or (6) other
reasonable grounds, Claim shall be filed in accordance with the procedure established herein.
4.7.8 Claims for Additional Time.
4.7.8.1. If the Contractor wishes to make Claim for an increase in the Contract Time, written
notice as provided herein shall be given.
4.7.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim
shall be documented by data substantiating that weather conditions were abnormal for the
period of time and could not have been reasonably anticipated, and that weather conditions had
an adverse effect on the scheduled construction.
4.7.9 Injury or Damage to Person or Property. If either party to the Contract suffers injury
or damage to person or property because of an act or omission of the other party, of any of the
other party's employees or agents, or of others for whose acts such party is legally liable, written
notice of such injury or damage, whether or not insured, shall be given to the other party within
a reasonable time not exceeding 21 days after first observance. The notice shall provide
sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost
or time related to this Claim is to be asserted, it shall be filed as provided in Subparagraphs
4.7.7 or 4.7.8.
5.0 SUBCONTRACTORS
5.1 Definitions
5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to
perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the
Contract Documents as if singular in number and means a Subcontractor or an authorized
representative of the Subcontractor. The term "Subcontractor" does not include other
Contractors or subcontractors of other Contractors.
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5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a
Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is
referred to throughout the Contract Documents as if singular in number and means a Sub-
subcontractor or an authorized representative of the Sub-subcontractor.
5.2 Award of Subcontracts and Other Contracts for Portions of the Work
5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the
Contractor, as soon as practicable after award of the Contract, shall furnish in writing to
Sustainability Manager for review by the Owner and Sustainability Manager the names of
persons or entities (including those who are to furnish materials or equipment fabricated to a
special design) proposed for each principal portion of the Work. Sustainability Manager will
promptly reply to the Contractor in writing stating whether or not the Owner or Sustainability
Manager, after due investigation, has reasonable objection to any such proposed person or
entity. Failure of Sustainability Manager to reply promptly shall constitute notice of no
reasonable objection.
5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner or
Sustainability Manager has made reasonable and timely objection. The Contractor shall not be
required to contract with anyone to whom the Owner or Sustainability Manager has made
reasonable objection.
5.2.3 If the Owner or Sustainability Manager refuses to accept any person or entity on a list
submitted by the Contractor in response to the requirements of the Contract Documents, the
Contractor shall submit an acceptable substitute; however, no increase in the Contract Sum
shall be allowed for any such substitution.
5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if
the Owner or Sustainability Manager makes reasonable objection to such change.
5.3 Subcontractual Relations
5.3.1 By appropriate written agreement, the Contractor shall require each Subcontractor, to
the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by
terms of the Contract Documents, and to assume toward the Contractor all the obligations and
responsibilities which the Contractor, by these Documents, assumes toward the Owner or
Sustainability Manager. Each subcontract agreement shall preserve and protect the rights of
the Owner or Sustainability Manager under the Contract Documents with respect to the Work to
be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights.
When appropriate, the Contractor shall require each Subcontractor to enter into similar
agreements with Sub-subcontractors. The Contractor shall make available to each proposed
Subcontractor, copies of the Contract Documents which the Subcontractor will be bound, and,
upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of
the proposed subcontract agreement which may be at variance with the Contract Documents.
Subcontractors shall similarly make copies of applicable portions of such documents available
to their respective proposed Sub-subcontractors.
5.4 Contingent Assignment of Subcontracts
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to
the Owner provided that:
.1 assignment is effective only after termination of the Contract by the Owner for cause
pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner
accepts by notifying the Subcontractor in writing; and
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.2 assignment is subject to the prior rights of the surety, if any, obligated under public
construction bond covering the Contract.
i. If the work has been suspended for more than 30 days, the
Subcontractor's compensation shall be equitably adjusted.
6.0 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 Owner's Right to Perform Construction with Own Forces and to Award Other
Contracts
6.1.1 The Owner reserves the right to perform construction or operations released to the
Project with the Owner's own forces, which include persons or entities under separate contracts
not administered by Sustainability Manager. The Owner further reserves the right to award
other contracts in connection with other portions of the Project or other construction or
operations on the site under Conditions of the Contract identical or substantially similar to these
including those portions related to insurance and waiver or subrogation.
6.1.2 When the Owner performs construction or operations with the Owner's own forces
including persons or entities under separate contracts not administered by Sustainability
Manager, the Owner shall provide for coordination of such forces with the Work of the
Contractor who shall cooperate with them.
6.1.3 It shall be the responsibility of the Contractor to coordinate his work with the work of
other contractors on the site. The Owner and Sustainability Manager shall be held harmless for
any and all costs associated with improper coordination.
6.2 Mutual Responsibility
6.2.1 The Contractor shall afford the Owner's own forces, AMEC/Engineer and other
contractors' reasonable opportunity for introduction and storage of their materials and
equipment and performance of their activities, and shall connect and coordinate the Contractor's
construction and operations with theirs as required by the Contract Documents.
6.2.2 If part of the Contractor's Work depends for proper execution or results AMEC/Engineer
upon construction or operations by the Owner's own forces or other contractors, the Contractor
shall, prior to proceeding with that portion of the Work, promptly report to any apparent
discrepancies or defects in such other construction that would render it unsuitable for such
proper execution and results. Failure of the Contractor so to report shall constitute an
acknowledgment that the Owner's own forces or other contractors' completed or partially
completed construction is fit and proper to receive the Contractor's Work, except as to defects
not then reasonably discoverable.
6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall
be borne by the Contractor. The Contractor's sole remedy as against the Owner for costs
caused by delays or improperly timed activities or defective construction shall be an extension
of time.
6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to
completed or partially completed construction or to property of the Owner or other contractors
as provided in Subparagraph 10.2.5.
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6.2.5 Claims and other disputes and matters in question between the Contractor and other
contractors shall be subject to the provisions of Paragraph 4.7 provided the other contractors
have reciprocal obligations.
6.2.6 The Owner and other contractors shall have the same responsibilities for cutting and
patching as are described for the Contractor in Paragraph 3.14.
6.2.7 Should the Contractor contend that he is entitled to an extension of time for completion
of any portion or portions of the work, he shall, within (72) hours of the occurrence of the cause
of the delay, notify Sustainability Manager in writing, of his contention: setting forth (A) the
cause for the delay, (B) a description of the portion or portions of work affected thereby, and (C)
all details pertinent thereto. A subsequent written application for the specific number of days of
extension of time requested shall be made by the Contractor to Sustainability Manager within
(72) hours after the delay has ceased to exist.
.1 It is a condition precedent to the consideration or prosecution of any claim for an
extension of time that the foregoing provisions be strictly adhered to in each instance and, if the
Contractor fails to comply, he shall be deemed to have waived the claim.
.2 The Contractor agrees that whether or not any delay, regardless of cause, shall be
the basis for an extension of time he shall have no claim against the Owner or Sustainability
Manager for an increase in the Contract price, nor a claim against the Owner or Sustainability
Manager for a payment or allowance of any kind for damage, loss or expense resulting from
delays; nor shall the Contractor have any claim for damage, loss or expense resulting from
interruptions to, or suspension of, his work to enable other contractors to perform their work.
The only remedy available to the Contractor shall be an extension of time.
6.3 Owner's Right to Clean Up
6.3.1 If a dispute arises among the Contractor, other contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding
area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may
clean up and allocate the cost among those responsible as Sustainability Manager determines
to be just.
7.0 CHANGES IN THE WORK
7.1 Changes
7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without
invalidating the Contract, by Change Order, Construction Change Directive or order for a minor
change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the
Contract Documents.
7.1.2 A Change Order shall be based upon agreement among the Owner, Sustainability
Manager, AMEC/Engineer and Contractor; a Construction Change Directive requires agreement
by the Owner and Sustainability Manager and may or may not be agreed to by the Contractor;
an order for a minor change in the Work may be issued by AMEC/Contractor alone.
7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract
Documents, and the Contractor shall proceed promptly, unless otherwise provided in the
Change Order, Construction Change Directive or order for a minor change in the Work.
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7.1.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if
quantities originally contemplated are so changed in a proposed Change Order or Construction
Change Directive that application of such unit prices to quantities of Work proposed will cause
substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably
adjusted.
7.2 Change Orders
7.2.1 A change Order is a written instrument prepared by AMEC/Engineer and signed by the
Owner, Sustainability Manager and Contractor stating their agreement upon all of the following:
.1 a change in the Work;
.2 the amount of the adjustment in the Contract Sum, if any; and
.3 the extent of the adjustment in the Contract Time, if any.
7.2.2 The cost or credit to the Owner resulting from a change in the Work shall be determined
in one or more of the following methods:
.1 mutual acceptance of lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation and payment, and approved by the appropriate
authority in writing;
.2 unit prices stated in the Contract Documents or subsequently agreed upon, and
approved by the appropriate authority in writing;
.3 cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee;
.4 or by method provided in subparagraph 7.2.3.
7.2.3 If none of the methods set forth in Clauses 7.2.1 or 7.2.2 is agreed upon, the Contractor,
provided a written order signed by the Owner or Sustainability Manager is received, shall
promptly proceed with the Work involved. The cost of such Work shall then be determined by
daily force accounts in a form acceptable to the Owner and Sustainability Manager. The daily
force account forms shall identify Contractor and /or Subcontractor personnel by name, total
hours for each man, each piece of equipment and total hours for equipment and all material(s)
by type for each extra Work activity claim. Each daily force account form shall be signed by the
designated Sustainability Manager representative no later than the close of business on the day
the Work is performed to verify the items and hours listed. Extended pricing of these forms shall
be submitted to Sustainability Manager with all supporting documentation required by
Sustainability Manager for inclusion into a change order. Unless otherwise provided in the
Contract Documents, cost shall be limited to the following: cost of materials, including sales tax
and cost of delivery; cost of labor, including social security, old age and unemployment
insurance, and fringe benefits required by agreement or custom; works' or workmen's
compensation insurance; and the rental value of equipment and machinery. Markups for
overhead and profit will be in accordance with subparagraph 7.2.4. Pending final determination
of cost, payments on account shall be made as determined by Sustainability Manager. The
amount of credit to be allowed by the Contractor for any deletion or change, which results in a
net decrease in the Contract Sum, will be the amount of the actual net cost to the Owner as
confirmed by Sustainability Manager. When both additions and credits covering related Work or
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substitutions are involved in any one change, the allowance for overhead and profit shall be
figured on the basis of the net increase, if any with respect to that change.
7.2.4 The actual cost of Changes in the Work may include all items of labor or material, power
tools, and equipment actually used, utilities, pro rata charges for foreman, and all payroll
charges such as Public Liability and Workmen's Compensation Insurance. No percentage for
overhead and profit shall be allowed on items of Social Security and Sales Tax. If deductions
are ordered the amount of credit shall be net cost to Owner as defined in section 5.6.1 of the
Contract. Items considered as overhead shall include insurance other than that mentioned
above, bond or bonds, superintendent, timekeeper, clerks, watchmen, use of small tools,
miscellaneous supplies, incidental job costs, warranties, and all general home/field office
expenses. The actual cost of Changes in the Work (other than those covered by unit prices set
forth in the Contract Documents) shall be computed as follows:
.1 if the Contractor performs the actual Work, the maximum percentage mark-up for
overhead shall be five percent (5%) and the maximum percentage for profit shall be five percent
(5%);
2 if the Subcontractor performs the actual Work, the subcontractor's percentage mark-
up for overhead and profit shall be a maximum addition of ten percent (10%). If the Contractor
does not perform the Work, the maximum mark-up for managing the Work will be five percent
(5%);
3. If the Subcontractor performs part of the actual Work, his percentage mark-up for
overhead and profit shall be a maximum addition of ten percent (10%) on his direct Work only. If
the Contractor performs part of the actual Work, his percentage mark-up for overhead and profit
shall be a maximum addition of ten percent (10%) on his direct Work only.
7.2.5 The Contractor shall furnish to the Owner through Sustainability Manager, an itemized
breakdown of the quantities and prices used in computing the value of any change that might be
ordered. Any additional supporting documentation requested by Sustainability Manager such as
certified quotations or invoices shall be provided by the Contractor to Sustainability Manager at
no additional cost to the Owner.
7.2.6 If the Contractor claims that any instructions given to him by AMEC/Engineer, by
drawings or otherwise, involve extra Work not covered by the Contract, he shall give
Sustainability Manager written notice thereof within five (5) days after the receipt of such
instructions and before proceeding to execute the work, except in emergencies endangering life
or property, in which case the Contractor shall proceed in accordance with Paragraph 10.3.
.1 The written notice to Sustainability Manager for the Extra Work shall include a
complete description of the extra Work, the total cost and a detailed cost breakdown by labor,
material and equipment for each additional activity required to be performed. Mark-ups shall be
limited as specified elsewhere in this Article.
.2 Except as otherwise specifically provided, no claim for additional cost shall be
allowed unless the complete notice specified by this subparagraph is given by the Contractor.
7.2.7 Unless otherwise agreed in writing, the Contractor shall carry on the Work and maintain
its progress during any dispute or claim proceeding, and Owner shall continue to make
payments to the Contractor in accordance with the Contract Documents. Disputes unresolved
shall be settled in accordance with subparagraph 4.7. The Contractor shall maintain completed
daily force account forms in accordance with subparagraph 7.2.3 for any dispute or claim item.
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7.3 Authority
7.3.1 AMEC/Engineer will have authority to order minor changes in the Work not involving
adjustment in the Contract sum or extension of the Contract Time and not inconsistent with the
intent of the Contract Documents. Such changes shall be effected by written order issued
through AMEC/Engineer and shall be binding on the Owner and Contractor. The Contractor
shall carry out such written order promptly.
8.0 TIME
8.1 Definitions
8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
8.1.2 The date of commencement of the Work is the date established in the Agreement. The
date shall not be postponed by the failure to act of the Contractor or of persons or entities for
which the Contractor is responsible.
8.1.3 The date of Substantial Completion is the date certified by Sustainability Manager in
accordance with Paragraph 9.8.
8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless
otherwise specifically defined.
8.1.5 The Owner/Sustainability Manager shall be the final judge as to whether Substantial
Completion has been achieved and certifies the date to the Contractor.
8.2 Progress and Completion
8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By
executing the Agreement the Contractor confirms that the Contract Time is a reasonable period
for performing the Work.
8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in
writing, prematurely commence operations on the site or elsewhere prior to the effective date of
insurance required by Article 11 to be furnished by the Contractor. The date of commencement
of the Work shall not be changed by the effective date of such insurance.
8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve
Substantial Completion within the Contract Time.
8.3 Delays and Extensions of Time
8.3.1 If the Contractor is delayed, at any time, in the progress of the Work by any act or
neglect of the Owner, Sustainability Manager, or the AMEC/Engineer, or by any employee of
either, or by any separate contractor employed by the Owner, or by changes ordered in the
Work, or by fire, unusual delay in transportation, adverse weather conditions not reasonably
anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by delay
authorized by the Owner, Sustainability Manager, or by any other cause which Sustainability
Manager determines may justify the delay, then the Contract Time shall be extended by no cost
Change Order for such reasonable time as Sustainability Manager may determine, in
accordance with subparagraph 6.2.7.
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8.3.2 Any claim for extension of time shall be made in writing to Sustainability Manager not
more than Seventy-two (72) hours after the commencement of the delay in accordance with
paragraph 6.2.7; otherwise it shall be waived. Any claim for extension of time shall state the
cause of the delay and the number of days of extension requested. If the cause of the delay is
continuing, only one claim is necessary, but the Contractor shall report the termination of the
cause for the delay within seventy-two (72) hours after such termination in accordance with
paragraph 6.2.7; otherwise, any claim for extension of time based upon that cause shall be
waived.
8.3.3 No claim for an increase in the Contract Sum for either acceleration or delay will be
allowed for extensions of time pursuant to this Paragraph 8.3 or for other changes in the
Construction Schedules.
8.3.4 If the Project is delayed as a result of the Contractor's refusal or failure to begin the
Work on the date of commencement as defined in Paragraph 8.1.2, or his refusal or failure to
carry the Work forward expeditiously with adequate forces, the Contractor causing the delay
shall be liable for, but not limited to, delay claims from other Contractors which are affected.
9.0 PAYMENTS AND COMPLETION
9.1 Contract Sum
9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is
the total amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents.
9.2 Schedule of Values
9.2.1 Before submittal of the first Application for Payment, the Contractor shall submit to
AMEC/Engineer, a schedule of values allocated to various portions of the Work, prepared in
such form and supported by such data to substantiate its accuracy as AMEC/Engineer may
require. This schedule, unless objected to by Sustainability Manager, shall be used as a basis
for reviewing the Contractor's Applications for Payment.
9.3 Applications for Payment
9.3.1 At least fifteen days before the date established for each progress payment, the
Contractor shall submit to AMEC/Engineer an itemized Application for Payment for Work
completed in accordance with the schedule of values. Such application shall be notarized and
supported by such data substantiating the Contractor's right to payment as the Owner or
Sustainability Manager may require, such as copies of requisitions from Subcontractors and
material suppliers, and reflecting retainage if provided for elsewhere in the Contract Documents.
.1 Such applications may include request for payment on account of changes in the
Work which have been properly authorized by Construction Change Directives but not yet
included in Change Orders.
.2 Such applications may not include requests for payment of amounts the Contractor
does not intend to pay to a Subcontractor or material supplier because of a dispute or other
reason.
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9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on
account of materials and equipment delivered and suitably stored at the site for subsequent
incorporation in the Work. If approved in advance by the Owner, payment may similarly be
made for materials and equipment suitably stored off the site at a location agreed upon in
writing. Payment for materials and equipment stored on or off the site shall be conditioned upon
compliance by the Contractor with procedures satisfactory to the Owner to establish the
Owner's title to such materials and equipment or otherwise protect the Owner's interest, and
shall include applicable insurance, storage and transportation to the site for such materials and
equipment stored off the site.
9.3.3 The Contractor warrants 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 approval for payment have been
previously issued and payments received from the Owner shall, to the best of the Contractor's
knowledge, information and belief, be free and clear of liens, claims security interests or
encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or
entities making a claim by reason of having provided labor, materials and equipment relating to
the Work. All Subcontractors and Sub-subcontractors shall execute an agreement stating that
title will so pass, upon their receipt of payment from the Contractor. The warranties are for the
administrative convenience of the Owner only and do not create an obligation on the part of the
Owner to pay directly any unpaid subcontractor, laborer or materialmen. Such persons must
seek payment from the Contractor or his public construction bond surety only.
9.4 Approval for Payment
9.4.1 AMEC/Engineer will assemble a Project Application for Payment by combining the
Contractor's applications with similar applications for progress payments from other Contractors
and certify the amounts due on such applications.
9.4.2 After the AMEC/Engineer's receipt of the Project Application for Payment,
AMEC/Engineer will either recommend approval to the Sustainability Manager for the
Application for Payment, with a copy to the Contractor, for such amount as AMEC/Engineer
recommends to the Sustainability Manager is properly due, or notify the Contractor in writing of
AMEC/Engineer's reasons for withholding approval in whole or in part as provided in
Subparagraph 9.5.1
9.4.3 The issuance of a separate Approval for Payment will constitute representations made
by AMEC/Engineer to the Owner, based on their individual observations at the site and the data
comprising the Application for Payment submitted by the Contractor, that the Work has
progressed to the point indicated and that, to the best of AMEC/Engineer's knowledge,
information and belief, quality of the Work is in accordance with the Contract Documents. The
foregoing representations are subject to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Contract Documents correctable prior to completion
and to specific qualifications expressed by AMEC/Engineer. The issuance of a separate
Approval for Payment will further constitute a representation that the Contractor is entitled to
payment in the amount approved. However, the issuance of a separate Approval for Payment
will not be a representation that AMEC/Engineer has (1) made exhaustive or continuous on-site
inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's
construction means, methods, techniques, sequences or procedures, (3) reviewed copies of
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requisitions received from Subcontractors and material suppliers and other data requested by
the Owner to substantiate the Contractor's right to payment or (4) made examination to
ascertain how or for what purpose the Contractor has used money previously paid on account of
the Contract Sum.
9.5 Decisions to Withhold Approval
9.5.1 AMEC/Engineer may decline to approve an Application for Payment if, in his opinion, the
application is not adequately supported. If the Contractor and AMEC/Engineer cannot agree on
a revised amount, AMEC/Engineer shall process the Application for the amount it deems
appropriate. AMEC/Engineer may also decline to approve any Application for Payment
because of subsequently discovered evidence or subsequent inspections. It may nullify, in
whole or part, any approval previously made to such extent as may be necessary in its opinion
because of: (1) defective Work not remedied; (2) third party claims filed or reasonable
evidence indicating probable filing of such claims; (3) failure of the Contractor to make
payments properly to Subcontractors or for labor, materials, or equipment; (4) reasonable
evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; (5)
damage to AMEC/Engineer, Sustainability Manager, the Owner, or another contractor working
at the project; (6) reasonable evidence that the Work will not be completed within the contract
time; (7) persistent failure to carry out the Work in accordance with the Contract Documents.
No payment shall be made to the Contractor until certificates of insurance or other evidence of
compliance by the Contractor, with all the requirements of Article 11, have been filed with the
Owner and Sustainability Manager.
9.5.2 When the above reasons for withholding approval are removed, approval will be made
for amounts previously withheld.
9.6 Progress Payments
9.6.1 After AMEC/Engineer has issued an Approval for Payment, the Owner shall make
payment in the manner and within the time provided in the Contract Documents, and shall so
notify AMEC/Engineer. From the total of the amount determined to be payable on a progress
payment, a retainage in accordance with the Florida Local Government Prompt Payment Act,
Chapter 218, Florida Statutes will be deducted and retained by the Owner until the final
payment is made. The balance of the amount payable, less all previous payments, shall be
approved for payment. .1 It is understood and agreed that the Contractor shall not be
entitled to demand or receive progress payment based on quantities of Work in excess of those
provided in the proposal or covered by approved change orders, except when such excess
quantities have been determined by AMEC/Engineer and Sustainability Manager to be a part of
the final quantity for the item of Work in question.
.2 No progress payment shall bind the Owner to the acceptance of any materials or
Work in place, as to quality or quantity. All progress payments are subject to correction at the
time of final payments.
9.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the
Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of
the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually
retained from payments to the Contractor on account of such Subcontractor's portion of the
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Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each
Subcontractor to make payments to Sub-subcontractors in similar manner.
9.6.3 AMEC/Engineer will, on request, furnish to a Subcontractor, if practicable, information
regarding percentages of completion or amounts applied for by the Contractor and action taken
thereon by the Owner and Sustainability Manager on account of portions of the Work done by
such Subcontractor.
9.6.4 Neither the Owner nor Sustainability Manager shall have an obligation to pay, or to see
to, the payment of money to a Subcontractor except as may otherwise be required by law.
9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in
Subparagraphs 9.6.2, 9.6.3 and 9.6.4.
9.6.6 A progress payment, or partial or entire use or occupancy of the Project by the Owner
shall not constitute acceptance of Work not in accordance with the Contract Documents.
9.6.7 All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, and by this provision shall not be construed as relieving the
Contractor from the sole responsibility for the materials and Work upon which payments have
been made or the restoration for any damaged material, or as a waiver of the right of the Owner
or Sustainability Manager to require the fulfillment of all the terms of the Contract.
9.6.8 Except in case of bona fide disputes, or where the Contractor has some other justifiable
reason for delay, the Contractor shall pay for all transportation and utility services not later than
the end of the calendar month following that in which services are rendered and for all materials,
tools, and other expendable equipment which are delivered at the site of the Project. The
Contractor shall pay to each of his Subcontractors, not later than the end of the calendar month
in which each payment is made to the Contractor, the representative amount allowed the
Contractor on account of the Work performed by the Subcontractor. The Contractor shall, by an
appropriate agreement with each Subcontractor, also require each Subcontractor to make
payments to his suppliers and Sub-subcontractors in a similar manner.
9.8 Substantial Completion
9.8.1 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.
9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner
agrees to accept separately, is substantially complete, the Contractor and AMEC/Engineer shall
jointly prepare a comprehensive list of items to be completed or corrected. The Contractor shall
proceed promptly to complete and correct items on the list. Failure to include an item on such
list does not alter the responsibility of the Contractor to complete all Work in accordance with
the Contract Documents. Upon receipt of the list, AMEC/Engineer will make an inspection to
determine whether the Work or designated portion thereof is substantially complete. If the
inspection discloses any item, whether or not included on the list, which is not in accordance
with the requirements of the Contract Documents, the Contractor shall, before issuance of the
Certificate of Substantial Completion, complete or correct such item upon notification by
AMEC/Engineer. The Contractor shall then submit a request for another inspection by
AMEC/Engineer, to determine Substantial Completion. When the Work or designated portion
thereof is substantially complete, AMEC/Engineer will prepare a Certificate of Substantial
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Completion, shall establish responsibilities of the Owner and Contractor for security,
maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within
which the Contractor shall finish all items on the list accompanying the Certificate. Warranties
required by the Contract Documents shall commence on the date of Substantial Completion of
the Work or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Completion shall be submitted to the
Owner and Contractor for their written acceptance of responsibilities assigned to them in such
Certificate.
9.8.3 Upon Substantial Completion of the Work or designated portion thereof and upon
application by the Contractor and certification by AMEC/Engineer and Sustainability Manager,
the Owner shall make payment, reflecting adjustment in retainage, if any, for such Work or
portion thereof as provided in the Contract Documents.
9.9 Partial Occupancy or Use
9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work
at any stage when such portion is designated by separate agreement with the Contractor,
provided such occupancy or use is consented to by the insurer as required under Subparagraph
11.3.1 and authorized by public authorities having jurisdiction over the Work. Such partial
occupancy or use may commence whether or not the portion is substantially complete, provided
the Owner and Contractor have accepted in writing the responsibilities assigned to each of them
for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and
insurance, and have agreed in writing concerning the period for correction of the Work and
commencement of warranties required by the Contract Documents. When the Contractor
considers a portion substantially complete, the Contractor and AMEC/Engineer shall jointly
prepare a list as provided under Subparagraph 9.8.2. Consent of the Contractor to partial
occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work
shall be determined by written agreement between the Owner and Contractor or, if no
agreement is reached, by decision of Sustainability Manager.
9.9.2 Immediately prior to such partial occupancy or use, the Owner, Sustainability Manager,
AMEC/Engineer and Contractor shall jointly inspect the area to be occupied or portion of the
Work to be used in order to determine and record the condition of the Work.
9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the
Work shall not constitute acceptance of Work not complying with the requirements of the
Contract Documents.
9.10 Final Completion and Final Payment
9.10.1 Upon completion of the Work, the Contractor shall forward to AMEC/Engineer a written
Notice that the Work is ready for final inspection and acceptance and shall also forward to
AMEC/Engineer a final Contractor's Application for Payment. Upon receipt, AMEC/Engineer will
promptly make such inspection. When AMEC/Engineer finds the Work acceptable under the
Contract Documents and the Contract fully performed, AMEC/Engineer will promptly issue a
final Approval for Payment stating that to the best of their knowledge, information and belief,
and on the basis of their observations and inspections, the Work has been completed in
accordance with terms and conditions of the Contract Documents and that the entire balance
found to be due the Contractor and noted in said final Approval is due and payable.
AMEC/Engineer's final Approval for Payment will constitute a further representation that
conditions listed in Subparagraph 9.10.2 as precedent to the Contractor's being entitled to final
payment have been fulfilled.
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9.10.2 Neither final payment nor any remaining retained percentage shall become due until the
Contractor submits to AMEC/Engineer and Sustainability Manager (1) an affidavit that payrolls,
bills for materials and equipment, and other indebtedness connected with the Work for which
the Owner or the Owner's property might be responsible or encumbered (less amounts withheld
by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance
required by the Contract Documents to remain in force after final payment is made, is currently
in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice
has been given to the Owner, (3) a written statement that the Contractor knows of no substantial
reason that the insurance will not be renewable to cover the period required by the Contract
Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner,
other data establishing payment or satisfaction of obligations, such as receipts, releases and
waivers of liens, claims, security interests or encumbrances arising out of the Contract. The
following documents (samples included in section 1027) are required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a downloadable CD/DVD of all the following but not limited
to:
A .Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals
G. Evidence of payment and final release of liens and consent of surety to final release
(includes final release from all utilities and utility companies).
9.10.3 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall
constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment. Such waivers
shall be in addition to the waiver described Subparagraph 4.7.5.
9.11 Payment of Subcontractors
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9.11.1 Any requirement of this Article 9 that the Contractor furnish proof to the Owner or
Sustainability Manager that the subcontractors and materialmen have been paid is for the
protection and convenience of the Owner only. Unpaid subcontractors and materialmen may
only seek payment from the Contractor and the surety that provided the Contractor's Public
Construction Bond. The Contractor must insert this paragraph 9.11 in all its contracts with
subcontractors and materialmen.
10.0 PROTECTION OF PERSONS AND PROPERTY
10.1 Safety Precautions and Programs
10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the performance of the Contract. The Contractor
shall submit the Contractor's safety program to AMEC/Engineer for review, approval and
coordination with the safety programs of other Contractors.
10.1.2 In the event the Contractor encounters on the site material reasonably believed to be
asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected and report the condition to the
Owner, Sustainability Manager and AMEC/Engineer in writing. The Work in the affected area
shall not thereafter be resumed except by written agreement of the Owner and Contractor if in
fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered
harmless. The Work in the affected area shall be resumed in the absence of asbestos or
polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement
of the Owner and Contractor.
10.1.3 The Contractor shall not be required pursuant to Article 7 to perform without consent any
Work relating to asbestos or polychlorinated biphenyl (PCB).
10.1.5 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death
to persons resulting from a material or substance encountered on the site by the Contractor, the
Contractor shall, upon recognizing the condition, immediately stop Work in the affected area
and report the condition to AMEC/Engineer and Sustainability Manager in writing. The Owner,
Contractor and Sustainability Manager shall then proceed in the same manner described in
Subparagraph 10.1.2.
10.1.6 The Owner shall be responsible for obtaining the services of a licensed laboratory to
verify a presence or absence of the material or substance reported by the Contractor and, in the
event such material or substance is found to be present, to verify that it has been rendered
harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in
writing to the Contractor, AMEC/Engineer and Sustainability Manager the names and
qualifications of persons or entities who are to perform tests verifying the presence or absence
of such material or substance or who are to perform the task of removal or safe containment of
such material or substance. The Contractor, AMEC/Engineer and Sustainability Manager will
promptly reply to the Owner in writing stating whether or not any of them has reasonable
objection to the persons or entities proposed by the Owner. If the Contractor, AMEC/Engineer
or Sustainability Manager has an objection to a person or entity proposed by the Owner, the
Owner shall propose another to whom the Contractor, AMEC/Engineer and Sustainability
Manager have no reasonable objection.
10.2 Safety of Persons and Property
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10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
.1 employees on the Work and other persons who maybe affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub-subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors.
10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying
owners and users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost
care and carry on such activities under supervision of properly qualified personnel.
10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in
Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a
Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or
by anyone for whose acts they may be liable and for which the Contractor is responsible under
Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions
of the Owner, Sustainability Manager or AMEC/Engineer or anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable, and not
attributable to the fault or negligence of the Contractor. The foregoing obligations of the
Contractor are in addition to the Contractor's obligations under Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at
the site whose duty shall be the prevention of accidents. This person shall be the Contractor's
superintendent unless otherwise designated by the Contractor in writing to the Owner,
AMEC/Engineer or Sustainability Manager.
10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded
so as to endanger its safety.
10.3 Emergencies
10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the
Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation
or extension of time claimed by the Contractor on account of an emergency shall be determined
as provided in Paragraph 4.7 and Article 7.
10.4 Site Specific Safety Plan
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See Section 00970 for minimum requirements of job site safety plan.
11.0 INSURANCE AND BONDS
11.1.1 Prior to commencement of Work governed by this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, at its own expense, insurance as specified
in the schedule set forth in Section 00110 Bid Form which are made part of this Agreement.
The Contractor will ensure that the insurance obtained will extend protection to all
subcontractors engaged by the Contractor. As an alternative the Contractor may require all
subcontractors to obtain insurance consistent with the attached schedules.
11.1.2 The Contractor will not be permitted to commence Work governed by the Agreement
(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 Agreement 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 of insurance.
11.1.3 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 Work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this
Agreement 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 of insurance.
11.1.4 The Contractor shall provide, to the County in care of Sustainability Manager as
satisfactory evidence of the required insurance, either:
Certificate of Insurance
Or
A certified copy of the actual insurance policy
11.1.5 The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this Contract.
11.1.6 All insurance policies must specify that they are not subject to cancellation, nonrenewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
11.1.7 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.
11.1.8 The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Worker's Compensation.
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11.1.9 In addition, the County will be named as an additional insured and loss payee on all
policies covering County-owned property.
11.1.10 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 the Monroe County's Risk Manager.
11.2 Builder's Risk Insurance: Not Required
11.3 Public Construction Bond
11.3.1 A Public Construction Bond in the amount of the cost of construction is a requirement of
this Contract.
12.0 UNCOVERING AND CORRECTION OF WORK
12.1 Uncovering of Work
12.1.1 If a portion of the Work is covered contrary to AMEC/Engineer's request or to
requirements specifically expressed in the Contract Documents, it must, if required in writing by
AMEC/Engineer, be uncovered for their observation and be replaced at the Contractor's
expense without change in the Contract Time.
12.1.2 If a portion of the Work has been covered which AMEC/Engineer has not specifically
requested to observe prior to its being covered, AMEC/Enigineer may request to see such Work
and it shall be uncovered by the Contractor, if such Work is in accordance with the Contract
Documents, costs of uncovering and replacement shall, by appropriate Change Order, be
charged to the Owner, if such Work is not in accordance with the Contract Documents, the
Contractor shall pay such costs unless the condition was caused by the Owner or one of the
other Contractors in which event the Owner shall be responsible for payment of such costs.
12.2 Correction of Work
12.2.1 The Contractor shall promptly correct Work rejected by AMEC/Engineer or failing to
conform to the requirements of the Contract Documents, whether observed before or after
Substantial Completion and whether or not fabricated, installed or completed. The Contractor
shall bear costs of correcting such rejected Work, including additional testing and inspections
and compensation for AMEC/Engineer's services and expenses made necessary thereby.
12.2.2 If, within one year after the date of Substantial Completion of the Work or designated
portion thereof, or after the date for commencement of warranties established under
Subparagraph 9.9, or by terms of an applicable special warranty required by the Contract
Documents, any of the Work is found to be not in accordance with the requirements of the
Contract Documents, the Contractor shall correct it promptly after receipt of written notice from
the Owner to do so unless the Owner has previously given the Contractor a written acceptance
of such condition. This period of one year shall be extended with respect to portions of Work
first performed after Substantial Completion by the period of time between Substantial
Completion and the actual performance of the Work. This obligation under this Subparagraph
12.2.2 shall survive acceptance of the Work under the Contract and termination of the Contract.
The Owner shall give such notice promptly after discovery of the condition.
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12.2.3 The Contractor shall remove from the site portions of the Work which are not in
accordance with the requirements of the Contract Documents and are neither corrected by the
Contractor nor accepted by the Owner.
12.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the
Owner may correct it in accordance with Paragraph 2.4. If the Contractor does not proceed with
correction of such nonconforming Work within a reasonable time fixed by written notice from
AMEC/Engineer, the Owner may remove it and store the salvageable materials or equipment at
the Contractor's expense. If the Contractor does not pay costs of such removal and storage
within ten days after written notice, the Owner may upon ten additional days' written notice sell
such materials and equipment at auction or at private sale and shall account for the proceeds
thereof, after deducting costs and damages that should have been borne by the Contractor,
including compensation for AMEC/Engineer's services and expenses made necessary thereby.
If such proceeds of sale do not cover costs which the Contractor should have borne, the
Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the
Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the
Owner.
12.2.5 The Contractor shall bear the cost of correcting destroyed or damaged construction,
whether completed or partially completed, of the Owner or other Contractors caused by the
Contractor's correction or removal of Work which is not in accordance with the requirements of
the Contract Documents.
12.2.6 Nothing contained in this Paragraph 12.2 shall be construed to establish a period of
limitation with respect to other obligations which the Contractor might have under the Contract
Documents. Establishment of the time period of one year as described in Subparagraph 12.2.2,
relates only to the specific obligation of the Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with the Contract Documents may
be sought to be enforced, nor to the time within which proceedings may be commenced to
establish the Contractor's liability with respect to the Contractor's obligations other than
specifically to correct the Work.
12.3 Acceptance of Nonconforming Work
12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of
the Contract Documents, the Owner may do so instead of requiring its removal and correction,
in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment
shall be effected whether or not final payment has been made.
13.0 MISCELLANEOUS PROVISIONS
13.1 Governing Law
13.1.1 The contract shall be governed by the laws of the State of Florida. Venue for any claims
or disputes arising under this contract shall be in the Circuit Court of the 16th Judicial Circuit of
the State of Florida.
13.2 Successors and Assigns
13.2.1 The Owner or Sustainability Manager (as the case may be) and the Contractor each
binds himself, his partners, successors, assigns, and legal representatives of such other party in
respect to all covenants, agreements, and obligations contained in the Contract Documents.
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Neither party to the Contract shall assign the Contract or sublet it as a whole without the written
consent of the other.
13.2.2 The Contractor shall not assign any monies due or to become due under this Contract
without prior written consent of the Owner or Sustainability Manager.
13.3 Written Notice
13.3.1 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice
shall be sent to the following persons:
For Contractor:
For Owner: Sustainability Program Manager County Administrator
102050 Overseas Highway, Ste. 246 1100 Simonton St., Ste. 2-205
Key Largo, FL 33037 Key West, FL 33040
13.4 Rights and Remedies
13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations, rights and
remedies otherwise imposed or available by law.
13.4.2 No action or failure to act by the Owner, Sustainability Manager, AMEC/Engineer or
Contractor shall constitute a waiver of a right or duty afforded them under the contract, nor shall
such action or failure to act constitute approval of or acquiescence in a breach thereunder,
except as may be specifically agreed in writing.
13.5 Tests and Inspections
13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities having
jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor
shall make arrangements for such tests, inspections and approvals with an independent testing
laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall
bear all related costs of tests, inspections and approvals. The Contractor shall give
AMEC/Engineer timely notice of when and where tests and inspections are to be made so
AMEC/Engineer may observe such procedures. The Owner shall bear costs of test, inspections
or approvals which do not become requirements until after bids are received or negotiations
concluded.
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13.5.2 If AMEC/Engineer, Sustainability Manager, Owner or public authorities having
jurisdiction determine that portions of the Work require additional testing, inspection or approval
not included under Subparagraph 13.5.1, AMEC/Engineer will, upon written authorization from
the Sustainablity Manager or Owner, instruct the Contractor to make arrangements for such
additional testing, inspection or approval by an entity acceptable to the Owner, and the
Contractor shall give timely notice to AMEC/Engineer of when and where tests and inspections
are to be made so AMEC/Engineer may observe such procedures. The Owner shall bear such
costs except as provided in Subparagraph 13.5.3.
13.5.3 If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and
13.5.2 reveal failure of the portions of the Work to comply with requirements established by the
Contract Documents, the Contractor shall bear all costs made necessary by such failure
including those of repeated procedures and compensation for AMEC/Engineer's services and
expenses.
13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required
by the Contract Documents, be secured by the Contractor and promptly delivered to
AMEC/Engineer.
13.5.5 If AMEC/Engineer is to observe tests, inspections or approvals required by the Contract
Documents, AMEC/Engineer will do so promptly and, where practicable, at the normal place of
testing.
13.5.6 Test or inspections conducted pursuant to the Contract Documents shall be made
promptly to avoid unreasonable delay in the Work.
13.7 Commencement of Statutory Limitation Period
13.7.1 The statute of limitations applicable to this contact are as provided in Section 95.11 (3)
(C), Florida Statutes.
14.0 TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 Termination by the Owner for Cause
14.1.1 The Owner may terminate the Contract if the Contractor:
.1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or
proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
or
.4 Otherwise is guilty of substantial breach of a provision of the Contract Documents.
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14.1.2 When any of the above reasons exist, the Owner, after consultation with
AMEC/Engineer„ and upon certification by Sustainability Manager that sufficient cause exists to
justify such action, may without prejudice to any other rights or remedies of the Owner and after
giving the Contractor and the Contractor's surety, if any, 72 hours written notice, terminate
employment of the Contractor and may, subject to any prior rights of the surety:
.1 take possession of the site and of all materials, equipment, tools, and construction
equipment and machinery thereon owned by the Contractor;
.2 accept assignment of subcontracts pursuant to Paragraph 5.4; and
.3 finish the Work by whatever reasonable method the Owner may deem expedient.
14.1.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph
14.1.1, the Contractor shall not be entitled to receive further payment until the Work is finished.
14.2 Suspension or Termination by the Owner for Convenience
14.2.1 The Owner may, without cause, order the Contractor in writing to terminate, suspend,
delay or interrupt the Work in whole or in part for such period of time as the Owner may
determine.
14.2.2 In the event of Termination the Owner shall pay for work completed to date of
Termination.
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SECTION 00970
PROJECT SAFETY AND HEALTH PLAN
REGULATIONS AND POLICIES
A. Every Contractor and Subcontractor employed on the Project shall comply with all
applicable local, State, and Federal safety and health regulations and with Monroe County
safety and health policies as described herein.
The Contractor shall comply with OSHA (Occupational Safety and Health Administration) Parts
1910 and 1926, Construction Industry Standards and Interpretations, and with this supplement.
Requests for variances or waiver from this supplement are to be made to the Contracting Officer
in writing supported by evidence that every reasonable effort has been made to comply with the
contractual requirements. A written request for a waiver or a variance shall include--
(1) Specific reference to the provision or standard in question;
(2) An explanation as to why the waiver is considered justified; and
(3) The Contractor's proposed alternative, including technical drawings, materials, or equipment
specifications needed to enable the Contracting Officer to render a decision.
No waiver or variance will be approved if it endangers any person. The Contractor shall not
proceed under any requested revision of provision until the Contracting Officer has given written
approval. The Contractor is to hold and save harmless Monroe county Florida free from any
claims or causes of action whatsoever resulting from the Contractor or subcontractors
proceeding under a waiver or approved variance.
Copies of OSHA Parts 1910 and 1926, Construction Industry Standards and Interpretations,
may be obtained from:
U.S. Government Printing Office Bookstore
710 North Capitol Street N.W.
Washington, DC
http://www.qpo.gov/about/bookstore.htm
GENERAL CONTRACTOR REQUIREMENTS
SAFETY PROGRAM
Each Contractor and sub-contractor is to demonstrate that he or she has facilities for conducting
a safety program commensurate with the work under contract. The Contractor is to submit in
writing a proposed comprehensive site specific safety program for approval to the Contracting
Officer for Monroe County before the start of construction operations.
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The program is to specifically state what provisions the Contractor proposes to take for the
health and safety of all employees, including subcontractors and rental equipment operators.
The program shall be site specific and provide details relevant to the work to be done, the
hazards associated with the work, and the actions that will be necessary to minimize the
identified hazards.
The Safety Program will also be required to provide emergency contact person, emergency
planning and a personnel evacuation plan for any hurricane evacuation event.
1.2 PRECONSTRUCTION SAFETY MEETING
Representatives for the Contractor are to meet with the Contracting Officer (CO) or the CO's
representative before the start of construction to discuss the safety program and the
implementation of all health and safety standards pertinent to the work under this contract.
1.3 JOINT SAFETY POLICY COMMITTEE
The Contractor or designated on-site representative is to participate in monthly meetings of a
joint Safety Policy Committee with AMEC/Engineer and Contractor supervisory personnel. At
these meetings the Contractor's project manager and the Contracting Officer will review the
effectiveness of the Contractor's safety effort, resolve current health and safety problems, and
coordinate safety activities for upcoming work.
1.4 SAFETY PERSONNEL
Each Contractor is to designate a competent supervisory employee satisfactory to the
Contracting Officer to administer the safety program.
The Mandatory Safety and Health Rules shall be posted in a conspicuous location along with
the OSHA and Emergency Phone Number posters.
1.5 SAFETY MEETINGS
A minimum of one "on-the-job" or "toolbox" safety meeting is to be conducted each week by all
field supervisors or foremen and attended by mechanics and all construction personnel at the
jobsite.
The Contractor is to also conduct regularly scheduled supervisory safety meetings at least
monthly for all levels of job supervision.
Each Contractor and Subcontractor shall be expected to indoctrinate his employees as to the
safety and health requirements of this project and to enforce adherence to safe work
procedures.
Each Contractor and Subcontractor shall cooperate fully with all other contractors in their
respective safety and health programs.
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1.6 SAFETY INSPECTION
The Contractor shall perform frequent and regular safety inspections of the jobsite, materials,
and equipment, and shall correct deficiencies.
Good housekeeping shall be observed at all times. Waste, debris, and garbage shall be
removed daily or placed in appropriate waste containers. All materials, tools, and equipment
shall be stored in a safe and orderly fashion. Each contractor shall donate 10% of their staff to
a crew that will convene every Friday at 1:00 pm for a joint site clean-up effort not to exceed
duration of three hours.
In summary, there will be a three-part clean-up plan.
1. The first part consists of the contractor cleaning up on a daily basis, his workstations, and
his trade work.
2. The second part consists of the general clean-up, the concerted effort by all trade
contractors working on the project. A minimum of one (1) crew is to be utilized by each
contractor, or 10%, whichever is more.
3. The third part consists of the Owner cleaning up for a particular trade contractor should
adequate notice not compel him to clean up his work. In this case, the appropriate
contractors will be back charged.
Shortly after the award of the contract and prior to the beginning of work, an Activity Hazard
Analysis (phase plan) shall be prepared by the contractor and submitted to Monroe County for
approval. The analysis will address the hazards for each activity to be performed in that phase
and will present the procedures and safeguards necessary to eliminate the hazards or reduce
the risk to an acceptable level. A phase is defined as an operation involving a type of work
presenting hazards not experienced in previous operations or where a new subcontractor or
work crew is to perform work. The analysis will be discussed by the contractor and Monroe
County on-site representatives at the Preparatory Inspection Meeting. Work will not proceed on
that phase until the Activity Hazard Analysis (phase plan) has been accepted by Monroe
County.
If Monroe County notifies any Contractor of any noncompliance with the provisions of this
program, the Contractor shall make all reasonable efforts to immediately correct the unsafe
conditions or acts. Satisfactory corrective action shall be taken within the specified time. If the
Contractor or Subcontractor refuses to correct unsafe or unhealthy conditions or acts, Monroe
County shall take one or more of the following steps:
a. Cease the operation or a portion thereof.
b. Stop payment for the work being performed.
c. Correct the situation using other forces and back charge the Contractor expenses
incurred.
d. Increase withholding in proportional increments for that given pay period.
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1.7 FIRST AID TRAINING
Every Contractor foreman's work crew must include an employee who has a current first aid
certificate from the, American Red Cross, or other Monroe County-approved organization.
1.8 REPORTS
Each Contractor is to maintain an accurate record of all job-related deaths, diseases, or
disabling injuries. The records shall be maintained in a manner approved by the Contracting
Officer. A copy of all reports is to be provided to the Contracting Officer.
All fatal or serious injuries are to be reported immediately to the Contracting Officer, and every
assistance is to be given in the investigation of the incident, including submission of a
comprehensive narrative report to the Contracting Officer. Other occurrences with serious
accident potential, such as equipment failures, slides, and cave-ins, must also be reported
immediately.
The Contractor is to assist and cooperate fully with the Contracting Officer in conducting
accident investigations. The Contracting Officer is to be furnished all information and data
pertinent to investigation of an accident.
1.9 CERTIFICATION OF INSURANCE
Contractors are to provide the Contracting Officer or his or her authorized representative with
certificates of insurance before the start of operations indicating full compliance with State
Worker's Compensation statutes, as well as other certificates of insurance required under the
contract.
2.0 FIRST AID AND MEDICAL FACILITIES
2.1 FIRST AID KITS
A 16-unit first aid kit approved by the American Red Cross is to be provided at accessible, well-
identified, locations at the ratio of at least 1 kit for each 25 employees. The first aid kits are to be
moisture proof and dust tight, and the contents of the kits are to be replenished as used or as
they become ineffective or outdated.
2.2 EMERGENCY FIRST AID
At least one employee certified to administer emergency first aid must be available on each shift
and duly designated by the Contractor to care for injured employees. The names of the certified
employees shall be posted at the jobsite.
2.4 COMMUNICATION AND TRANSPORTATION
Prior to the start of work, the Contractor is to make necessary arrangements for prompt and
dependable communications, transportation, and medical care for injured employees.
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2.5 FIRST AID AND MEDICAL REPORTS
The Contractor is to maintain a record system for first aid and medical treatment on the jobsite.
Such records are to be readily available to the Contracting Officer and are to include--
(a) A daily treatment log listing chronologically all persons treated for occupational injuries and
illnesses;
(b) Cumulative record of injury for each individual;
(c) Monthly statistical records of occupational injuries, classified by type and nature of injury;
and
(d) Required records for worker's compensation.
2.5 SIGNS AND DIRECTIONAL MARKINGS
Adequate identification and directional markers are to be provided to readily denote the location
of all first aid stations.
2.6 EMERGENCY LISTING
A listing of telephone numbers and addresses of doctor, rescue squad, hospital, police, and fire
departments is to be provided at all first aid locations.
3.0 PHYSICAL QUALIFICATIONS OF EMPLOYEES:
3.1 GENERAL REQUIREMENTS
Persons employed throughout the contract are to be physically qualified to perform their
assigned duties. Employees must not knowingly be permitted or required to work while their
ability or alertness is impaired by fatigue, illness, or any other reason that may jeopardize
themselves or others.
No personal radios or stereos will be allowed on the job-site.
3.2 HOIST OPERATORS
Operators of cranes, cableways, and other hoisting equipment shall be examined annually by a
physician and provided with a certification stating that they are physically qualified to safely
operate hoisting equipment. The Contractor is to submit a copy of each certification to the
Contracting Officer.
3.3 HEAVY EQUIPMENT OPERATORS
It is recommended that operators of trucks and heavy construction equipment be given physical
examinations to determine if they are physically qualified to perform their assigned work without
endangering themselves or others.
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3.4 MOTOR VEHICLE OPERATORS
Operators of motor vehicles engaged primarily in the transportation of personnel are to be 18
years of age or older and have a valid state operator's permit or license for the equipment being
operated. The operators must have passed a physical examination administered by a licensed
physician within the past year showing that they are physically qualified to operate vehicles
safely.
4.0 PERSONAL PROTECTIVE EQUIPMENT:
4.1 HARDHAT AREAS
The entire jobsite, with the exception of offices, shall be considered a hardhat area. All persons
entering the area are, without exception, required to wear hardhats. The Contractor shall
provide hardhats for visitors entering hardhat areas.
4.1.1 LABELS
Hardhats shall bear a manufacturer's label indicating design compliance with the appropriate
ANSI (American National Standards Institute) standard.
4.2 POSTING
Signs at least 3 by 4 feet worded as follows with red letters (minimum 6 inches high) and white
background shall be erected at access points to designated hardhat areas:
CONSTRUCTION AREA - HARDHATS REQUIRED BEYOND THIS POINT
These signs are to be furnished and installed by the Contractor at entries to shops, construction
yards, and job access points.
4.3 SAFETY GOGGLES (DRILLERS)
4.3.1 DRILLERS AND HELPERS.
Drillers and helpers operating pneumatic rock drills/concrete saws must wear protective safety
goggles.
5.0 MACHINERY AND MECHANIZED EQUIPMENT:
5.1 SAFE CONDITION
Before any machinery or mechanized equipment is initially used on the job, it must be inspected
and tested by qualified personnel and determined to be in safe operating condition and
appropriate for the intended use. Operators shall inspect their equipment prior to the beginning
of each shift. Any deficiencies or defects shall be corrected prior to using the equipment. Safety
equipment, such as seatbelts, installed on machinery is to be used by equipment operators.
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5.2 TAGGING AND LOCKING
The controls of power-driven equipment under repair are to be locked. An effective lockout and
tagging procedure is to be established, prescribing specific responsibilities and safety
procedures to be followed by the person or persons performing repair work. Mixer barrels are to
be securely locked out before permitting employees to enter them for cleaning or repair.
5.3 HAUL ROADS FOR EQUIPMENT
5.3.1 ROAD MAINTENANCE
The Contractor shall maintain all roadways, including haul roads and access roads, in a safe
condition so as to eliminate or control dust and ice hazards. Wherever dust is a hazard,
adequate dust-laying equipment shall be available at the jobsite and utilized to control the dust.
5.3.2 SINGLE-LANE HAUL ROADS
Single-lane haul roads with two-way traffic shall have adequate turnouts. Where turnouts are
not practical, a traffic control system shall be provided to prevent accidents.
5.3.3 TWO-WAY HAUL ROADS
On two-way haul roads, arrangements are to be such that vehicles travel on the right side
wherever possible. Signs and traffic control devices are to be employed to indicate clearly any
variations from a right-hand traffic pattern. The road shall be wide enough to permit safe
passage of opposing traffic, considering the type of hauling equipment used.
5.3.4 DESIGN AND CONSTRUCTION OF HAUL ROADS
Haul road design criteria and drawings, if requested by the Contracting Officer, are to be
submitted for approval prior to road construction. Sustained grades shall not exceed 12 percent
and all curves shall have open-sight line with as great a radius as practical. All roads shall be
posted with curve signs and maximum speed limits that will permit the equipment to be stopped
within one-half the minimum sight distance.
5.3.5 OPERATORS.
Machinery and mechanized equipment shall be operated only by authorized qualified persons.
5.3.6 RIDING ON EQUIPMENT
Riding on equipment by unauthorized personnel is prohibited. Seating and safety belts shall be
provided for the operator and all passengers.
5.3.7 GETTING ON OR OFF EQUIPMENT
Getting on or off equipment while the equipment is in motion is prohibited.
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5.3.8 HOURS OF OPERATION.
Except in emergencies, an equipment operator shall not operate any mobile or hoisting
equipment for more than 12 hours without an 8-hour rest interval away from the job.
5.4 POWER CRANES AND HOISTS (TRUCK CRANES, CRAWLER CRANES, TOWER
CRANES, GANTRY CRANES, HAMMERHEAD CRANES, DERRICKS, CABLEWAYS, AND
HOISTS)
5.4.1 PERFORMANCE TEST
Before initial onsite operation, at 12-month intervals, and after major repairs or modification,
power cranes, derricks, cableways, and hoists must satisfactorily complete a performance test
to demonstrate the equipment's ability to safely handle and maneuver the rated loads. The tests
shall be conducted in the presence of a representative of the Contracting Officer. Test data shall
be recorded and a copy furnished the Contracting Officer.
5.4.2 PERFORMANCE TEST—POWER CRANES (Crawler mounted, truck mounted and
wheel mounted)
The performance test is to be carried out as per ANSI requirements. The test is to consist of
raising, lowering, and braking the load and rotating the test load through 360' degrees at the
specified boom angle or radius. Cranes equipped with jibs or boom-tip extensions are to be
tested using both the main boom and the jib, with an appropriate test load in each case.
5.4.3 PERFORMANCE TEST—DERRICKS, GANTRY CRANES, TOWER CRANES,
CABLEWAYS, AND HOISTS, INCLUDING OVERHEAD CRANES
This equipment is to be performance tested as per ANSI requirements.
5.4.4 BOOM ANGLE INDICATOR
Power cranes (includes draglines) with booms capable of moving in the vertical plane shall be
provided with a boom angle indicator in good working order.
5.4.5 CRANE TEST CERTIFICATION.
The performance test required by 5.4.2 and 5.4.3 is fulfilled if the Contractor provides the
Contracting Officer a copy of a certificate of inspection made within the past 12 months by a
qualified person or by a government or private agency satisfactory to the Contracting Officer.
5.4.6 POSTING FOR HIGH VOLTAGE LINES
A notice of the 10-foot (or greater) clearance required by OSHA 1926.550, Subpart N, shall be
posted in the operator's cab of cranes, shovels, boom-type concrete pumps, backhoes, and
related equipment.
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5.4.7 BOOM STOPS
Cranes or derricks with cable-supported booms, except draglines, shall have a device attached
between the gantry of the A-frame and the boom chords to limit the elevation of the boom. The
device shall control the vertical motions of the boom with increasing resistance from 83' or less,
until completely stopping the boom at not over 870 above horizontal.
5.4.8 SAFETY HOOKS
Hooks used in hoisting personnel or hoisting loads over construction personnel or in the
immediate vicinity of construction personnel shall be forged steel equipped with safety keepers.
When shackles are used under these conditions, they shall be of the locking type or have the
pin secured to prohibit turning.
5.5.1 ROLLOVER PROTECTIVE STRUCTURES
OSHA 1926, Subpart W, Overhead Protection, Sections 1001 and 1002 are applicable
regardless of the year in which the equipment was manufactured and regardless of the struck
capacity of the equipment.
5.5.2 EQUIPMENT REQUIRING ROPS
The requirement for ROPS meeting 5.5.1 above applies to crawler and rubber-tired tractors
such as dozers, push-and-pull tractors, winch tractors, tractors with backhoes, and mowers; off-
highway, self-propelled, pneumatic-tired earthmovers, including scrapers, motor graders and
loaders; and rollers, compactors, water tankers (excluding trucks with cabs). These
requirements shall also apply to agricultural and industrial tractors and similar equipment.
5.5.3 EQUIPMENT REQUIRING SEATBELTS
The requirements for seatbelts as specified in OSHA Subpart 0, Motor Vehicles, Mechanized
Equipment, and Marine Operations, Section 1926.602 shall also apply to self-propelled
compactors and rollers, and rubber-tired skid-steer equipment.
5.6 LIFT PLAN
A Crane Lift or concrete boom truck Plan is required for any crane lift on a Monroe County
project.
Lifts exceeding 75% of the cranes stability / structural capacity chart, requiring movement of a
crane carriage with the load, personnel platforms, sensitive loads (long lead time, cost), loads
requiring two (or more) hooks, work over occupied facilities or work involving encroachment on
public rights of way are considered critical. These lifts must be authorized in advance.
Critical crane lift plans, if authorized, may have to be reviewed by a professional
engineer (the contractor shall budget the PE review within project budget). Additionally,
a critical lift JHA shall be submitted with the crane lift plan.
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Crane Lift Plans must be submitted at least 48 hours (2 business days) prior to mobilization — 5
days for critical and helicopter lifts.
Crane Lift Plans must be based on "worst case" combination of load weight with chart
deductions and lift radius for a specific crane configuration in a specific location.
The Crane Lift Plan may be valid for more than one day, as long as the configuration, location,
maximum expected load, and maximum expected radius does not change. Use multiple lift
plans for multiple locations.
The Crane Lift Plan must be COMPLETE along with attachments — see Section 5 for the
required Attachments.
All rigging devices MUST bear the name of the manufacturer and be certified as to their
capacity. Custom-fabricated devices (lifting beams, spreader bars, etc.) may be acceptable with
proper PE stamp or proof testing as required by applicable standards. Capacities shall be
marked and legible on all such devices.
Work that is not anticipated in the Crane Lift Plan, but may arise due to site conditions (moving
equipment, loading materials onto floors, etc.) must be reviewed with Monroe County prior to
hoisting. Changes affecting crane configuration and / or location may require the Crane Lift Plan
to be amended.
The contractor is responsible to visit the site prior to the lift date to review documentary
information pertaining to the site, which is maintained by Monroe County.
The contractor is responsible (determining adequacy, supplying and installing) for all supporting
material (as defined within 29 CFR 1926.1402) necessary for the crane lift.
The contractor is responsible to obtain all information that is necessary to develop a power line
safety plan.
The contractor is responsible to train all personnel involved in the Assembly / Disassembly and
or Crane Lift.
The contractor must provide the following information along with the Crane Lift Plan:
• Competent / Qualified Person Designation Forms for A/D Director, Operator, Rigger,
Signal Person
• Load Chart (complete with notes)
• Range Chart
• Dimension Illustration and Specifications for Crane
• Lightning and Wind Restrictions (from operators manual)
• Area (Quadrant) of Operation Diagram
• Operators License, Operators Training Information, USDOT Medical Certification, OSHA
10/30 Hour Course Completion Cards, as may be required by the project.
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• Jurisdictional Registration, if required
• JHA for Assembly/ Disassembly of Crane, Severe Weather, Truck Load / Unload, Etc.
• JHA for Power Line Encroachment
• 3rd Party Inspection Certification and Report — see Crane Lift Plan for requirements
(Note: The inspector shall be certified with the CCAA).
• Weights of Materials
• Rigging Plan
• Logistics Plan
The contractor shall comply with the Site Specific Safety Plan.
The contractor/ Crane Company/ Rigging Company is responsible for the accuracy of plan and
inspections. This planning process has been established to help ensure proper coordination
between Contractor, subcontractors and Monroe County.
No warranty or certification of the suitability of this plan is accepted by Monroe County. It is the
responsibility of the Contractor/Subcontractor and the Crane Operator to ensure that they and
their employees are qualified, competent, properly equipped and properly trained to perform the
activities outlined in this plan.
6.0 LADDERS AND SCAFFOLDING:
6.1 LADDERS.
OSHA 1926, Subpart L - Section 450. Ladders shall be used as work platforms only when use
of small hand tools or handling of light material is involved. No work requiring lifting of heavy
materials or substantial exertion shall be done from ladders.
6.2 SCAFFOLDING. OSHA 1926, Subpart L - Section 451
Scaffolds, platforms or temporary floors shall be provided for all work except that which can be
done safely from the ground or similar footing.
6.3 SAFETY BELTS, LIFELINE, AND LANYARDS. OSHA 1926, Subpart E, Section 104
Lifelines, safety belts and lanyards independently attached or attended, shall be used when
performing such work as the following when the requirements of 6.1 or 6.2 above cannot be
met.
(a)Work on stored material in hoppers, bins, silos, tanks, or other confined spaces.
(b) Work on hazardous slopes, structural steel, or poles; erection or dismantling of safety nets,
tying reinforcing bars; and work from Boatswain's chairs, swinging scaffolds, or other unguarded
locations at elevations greater than 6 feet.
(c) Work on skips and platforms used in shafts by crews when the skip or cage does not block
the opening to within 1 foot of the sides of the shaft, unless cages are provided.
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7.0 FIRE PROTECTION
A. Every Contractor and Subcontractor employed on the Project shall exercise good
construction practices to prevent fire. It shall be the responsibility of the Contractor to insure
that general fire protection facilities are adequate for his work and to provide additional fire
protection facilities and devices, including fire extinguishers as required by their scope of work.
8.0 WORK NEAR ENERGIZED ELECTRICAL LINES OR OTHER UTILITIES
A. It shall be the Contractor's sole and exclusive responsibility:
(a) To provide personnel capable of working adjacent to energized electrical lines or other
utilities
(b) To provide adequate, safe and properly maintained equipment
(c) To conduct all of his work in accordance with the safety rules and regulations prescribed by
the National Electric Code, National Electric Safety Code, H30, and Safety Rules for Installation
and Maintenance of Electrical Supply and Communication Lines Hand Book 81, Occupational
Safety and Health Act of 1970, as well as other safety codes in effect at the site of construction
and as specified elsewhere herein, or as are generally applicable to the type of work being
performed
(d) To continuously supervise and inspect the work being performed to assure that the
requirements of (a), (b), and (c) above are complied with, and nothing in these Contract
Documents shall be held to mean that any such responsibility is the obligation of the Owner or
AMEC/Engineer or Sustainability Manager.
9.0 BARRICADES, WARNING DEVICES AND LIGHTING
A. The Contractor shall be solely responsible for providing temporary ladders, guard rails,
warning signs, barricades, night guard lights, and deck or floor closures required in connection
with his work to comply with Federal, State and local safety requirements. The Contractor shall
be solely and exclusively responsible for the design, construction, inspection and maintenance
of such facilities at all times.
B. It shall be the responsibility of the Contractor to provide additional temporary lighting, if
needed to maintain safe conditions.
C. It shall be the sole and exclusive responsibility of the Contractor to provide a safe place
to work for all laborers and mechanics and other persons employed on or in connection with the
project, and nothing in these Contract Documents shall be construed to give any of such
responsibility to the Owner, AMEC/Engineer, or Sustainability Manager.
D. The Contractor shall provide a security fence around the area of the Work so as to
prevent entry into the Work area by unauthorized personnel and the general public. The fence
shall have fence post bases that eliminate the need to penetrate the ground for support.
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10.0 HAZARDOUS MATERIALS
10.1 In the event the Contractor encounters on the site material reasonably believed to be
asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, the
Contractor shall immediately stop Work in the area affected and report the condition to the
Owner, Sustainability Manager, and AMEC/Engineer in writing. The Work in the affected area
shall not thereafter be resumed except by written agreement of the Owner and Contractor if in
fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered
harmless. The Work in the affected area shall be resumed in the absence of asbestos or
polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement
of the Owner and Contractor.
10.1.1 The Contractor shall not be required pursuant to Article 7 to perform without
consent any Work relating to asbestos or polychlorinated biphenyl (PCB).
10.1.2 If reasonable precautions will be inadequate to prevent foreseeable bodily injury
or death to persons resulting from a material or substance encountered on the site by the
Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the
affected area and report the condition to AMEC/Engineer and Sustainability Manager in writing.
The Owner, Contractor and Sustainability Manager shall then proceed in the same manner
described in Subparagraph 10.1
10.1.3 The Owner shall be responsible for obtaining the services of a licensed
laboratory to verify a presence or absence of the material or substance reported by the
Contractor and, in the event such material or substance is found to be present, to verify that it
has been rendered harmless. Unless otherwise required by the Contract Documents, the
Owner shall furnish in writing to the Contractor, AMEC/Engineer and Sustainability Manager the
names and qualifications of persons or entities who are to perform tests verifying the presence
or absence of such material or substance or who are to perform the task of removal or safe
containment of such material or substance. The Contractor, AMEC/Engineer and Sustainability
Manager will promptly reply to the Owner in writing stating whether or not any of them has
reasonable objection to the persons or entities proposed by the Owner. If the Contractor,
AMEC/Engineer or Sustainability Manager has an objection to a person or entity proposed by
the Owner, the Owner shall propose another to whom the Contractor, AMEC/Engineer and
Sustainability Manager have no reasonable objection.
10.2 Safety of Persons and Property
10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to:
.1 employees on the Work and other persons who may be affected thereby;
.2 The Work and materials and equipment to be incorporated therein, whether in storage
on or off the site, under care, custody or control of the Contractor or the Contractor's
Subcontractors or Sub-subcontractors;
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
.4 construction or operations by the Owner or other Contractors
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10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on safety of persons or property or
their protection from damage, injury or loss.
10.2.3 The Contractor shall erect and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying
owners and users of adjacent sites and utilities.
10.2.4 When use or storage of explosives or other hazardous materials or equipment or
unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost
care and carry on such activities under supervision of properly qualified personnel.
10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in
Clauses 10.2.1.2, 10.2.1.3, 10.2.1.4 caused in whole or in part by the Contractor, a
Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or
by anyone for whose acts they may be liable and for which the Contractor is responsible under
Clauses 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions
of the Owner, Sustainability Manager or AMEC/Engineer or anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable, and not
attributable to the fault or negligence of the Contractor. The foregoing obligations of the
Contractor are in addition to the Contractor's obligations under Paragraph 3.18.
10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at
the site whose duty shall be the prevention of accidents. This person shall be the Contractor's
superintendent unless otherwise designated by the Contractor in writing to the Owner or
Sustainability Manager.
10.2.7 The Contractor shall not load or permit any part of the construction or site to be loaded
so as to endanger its safety.
11.0 EMERGENCIES
11.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the
Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation
or extension of time claimed by the Contractor on account of an emergency shall be determined
as provided in Paragraph 4.7 and Article 7
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CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
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SECTION 00980
CONTRACTOR QUALITY CONTROL PLAN
1.1 AMEC/Engineer DUTIES AND RESPONSIBILITIES
A. AMEC/Engineer will monitor all work performed by the Contractor and assist the
Contractor with his conformance of the work to the Contract Drawings and
Specifications.
1.2 CONTRACTOR'S DUTIES AND RESPONSIBILITIES
A. The Contractor is responsible for the quality of the work performed by his work
force on this project as well as the quality of the material, equipment and supplies
furnished by him to be incorporated into the work.
B. The Contractor will provide a Quality Control Plan for approval and designate a
Quality Control Representative who will be on site at all times while the
respective Contractor's work is in progress and will have the authority and
responsibility to accept or reject items of work. The Contractor's Quality Control
Representative may delegate his duties but the primary responsibility and
authority will rest on him.
C. The Contractor's Quality Control Representative will coordinate the submittal of
all shop drawings, product data and samples to AMEC/Engineer. Any submittal
that is at variance to the contract requirements must be identified as such and
transmitted to AMEC/Engineer for submittal and approval by the Owner. No
work requiring submittal of a shop drawing, product data or sample shall
commence until the submittal has been reviewed and approved by
AMEC/Engineer.
D. The Contractor will bear the responsibility of scheduling all required testing and
inspections by the designated material-testing laboratory, in a timely fashion, to
prevent needless cancellations and delays of work activities. Any costs caused
by untimely notification shall be borne by the Contractor.
E. The Contractor's Quality Control Representative will review his drawings,
procurement documents and contracts to insure that the technical information
provided and all work performed is in accordance with the latest revisions of the
Contract Drawings and Specifications.
F. The Contractor's Quality Control Representative will perform an inspection upon
receipt at the site of the work of all materials, equipment and supplies including
those furnished to him by the Owner. Notes from this inspection will be filled out
on the appropriate form and included with the Contractor Daily Quality Control
Report. Items which are damaged or not in conformance with the respective
submittals, quality standards, contract drawings and specifications shall be
brought to the attention of Monroe County representative AMEC/Engineer on site
and then will be identified and segregated from accepted items. Items thus
identified will not be incorporated into the work until corrective action acceptable
to AMEC/Engineer is completed. Items determined unsalvageable will be
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removed from the job site. These items shall be noted as deficient in the
applicable section of the Contractor Daily Quality Control Report.
1.3 INSPECTION AND TESTING
A. INSPECTION PLAN
Sustainability Manager utilizes a multi-point inspection plan for each separate
feature of work to be performed under this Contract, i.e., work described by each
division of the technical provision section of the contract specifications. This plan
consists of the following:
1. Preparatory Inspection—Prior to commencing the work, the Contractor's
Quality Control Representative will meet with Sustainability Manager's
representative AMEC/Engineer and check the following items at a
minimum for conformance:
(a) Approval of shop drawings and submittals.
(b) Approval of inspection and test reports of materials and equipment
to be utilized.
(c) Completion of previous operations of preliminary work.
(d) Availability of materials and equipment required.
(e) Potential utility outages.
(f) Any other preparatory steps dependent upon the particular
operation.
(g) Quality standards.
(h) Safety or environmental precautions to be observed. (Phase
Hazard)
Note: AMEC/Engineer will record the minutes to this inspection meeting and
distribute accordingly.
2. Initial Inspection—Upon completion of a representative sample of a given
feature of the work, the Contractor's Quality Control Representative will
meet with Sustainability Manager's representative AMEC/Engineer and
check the following items at a minimum for conformance:
(a) Workmanship to established quality standards.
(b) Conformance to contract drawings and specifications.
(c) Construction methods, equipment and tools utilized.
(d) Materials and articles utilized.
(e) Adequacy of testing methods.
(f) Adequacy of shop drawings.
(g) Adequacy of safety or environmental precautions.
Note: AMEC/Engineer will record the minutes to this inspection meeting and
distribute accordingly.
3. Follow-up Inspections—The Contractor's Quality Control Representative
will inspect the work daily to assure the continuing conformance of the
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work to the workmanship standards established during the preparatory
and initial inspections.
Additionally, as a part of the follow-up inspection, sign-off sheets will be
utilized as often as possible. The intent of these sheets is to achieve
concurrence from other trade contractors and responsible parties that
ensuing work can indeed commence over underlying work. This will
prevent oversights and omissions which could elevate costs. Sign-off
sheets shall be used for, but not be limited to, concrete, drywall, ceilings,
painting, roofing substrates and flooring. These reports are to be
generated by the Contractor and submitted to AMEC/Engineer
Superintendent for approval prior to the start-up of work.
Failure to generate a sign-off sheet or to attain proper signatures prior to
covering up underlying work may affect payment for that piece of work if
ensuing problems are detected or not. This disciplinary action shall be
carried out via the Nonconformance Report. (See Section 1.4.13 of this
plan.)
Note: The Contractor shall be responsible to record these inspections and all
other project related activities encountered throughout the day on the
Contractor Daily Quality Control Report.
4. Completion Inspections—Upon completion of a given feature of the work,
the Contractor's Quality Control Representative will meet with the
Sustainability Manager representative AMEC/Engineer, if he so desires to
attend, to perform an inspection of the completed work. Nonconforming
items will be identified and corrected prior to commencement of the next
operation.
Note: The Contractor shall conduct and report corrections of this inspection
which shall be a required submittal.
5. Follow-On Inspections—Upon execution of the contractor's completion
inspection in elements of the work which result in concealment; such as,
ceiling and drywall installations, the Contractor shall schedule and
conduct multi-trade or singular inspections prior to covering installation.
Note: AMEC/Engineer will record the minutes to this inspection meeting.
6. Pre-Final Inspection—Upon substantial completion of the project work
AMEC/Engineer shall coordinate and conduct a universal inspection of all
areas and elements of the work. The Sustainability Manager may be
represented if she so desires. This inspection shall be completed at least
(15) days prior to the final substantial completion inspection which shall
be conducted by AMEC/Engineer. All deficiencies and incomplete work
should be completed prior to the final substantial completion inspection.
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B. OPERATION AND CHECK OUT TESTING
The Contractor will provide personnel and equipment to perform the operational
tests and check-out of the equipment, facilities or equipment constructed,
fabricated or installed under this Contract. The Sustainability Manager
representative AMEC/Engineer will coordinate and witness all such tests.
Notification should be given at least ten (10) days in advance of the scheduled
tests.
C. FINAL INSPECTION
AMEC/Engineer will coordinate and attend all final inspections of the work. The
Sustainability Manager may be represented if she so desires. Prior to requesting
a final inspection, all tests for the equipment and systems must be completed.
See Section 01700 for contract closeout.
1.4 REPORTING
Maintaining accurate and retrievable records is extremely important in the Quality
Assurance Program. These records will act as a main source of information in the
present and in the future for the entire Sustainability Manager team. The main report
that will be utilized to provide this information is the Daily Quality Control Report.
Nonconformance Reports may also be issued.
A. DAILY QUALITY CONTROL REPORT
The Daily Quality Control Report shall be used to document the summary of daily
inspection activities performed by the Contractor's designated Quality Control
Representative. It shall include any of the steps of inspection that are performed
that day, all test monitoring and any rework of nonconforming items. The daily
Quality Control Report section of the Daily Superintendent's Report will be
routinely used for daily reporting requirements. When the magnitude or
complexity necessitates such, a more separate and comprehensive form will be
used. Reference Contractor's Daily Report, and as needed Contractor Daily
Quality Control Report, Section 01385.
B. NONCONFORMANCE REPORT
Nonconformance Reports will be issued for work that is found to be in
nonconformance with the contract documents or the referenced quality
standards. The report will be issued by Sustainability Manager.
It is not the intent to routinely and repeatedly issue nonconformance reports, but
to issue them only after normal enforcement standards have been exhausted, or
if the work performed is a detriment to the project.
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A copy of the Nonconformance Report will be forwarded to the Site Project
Manager for his information and/or action. It should also be included in the
Contractor's Daily Quality Report package for general review.
Nonconformance Reports will be signed off once the deficient item or items have
adequately been corrected. This will be done by the issuing Superintendent and
Project Manager. These sign-offs will be included with a corresponding
corrective action taken. Significant nonconformance needs to be addressed to
prevent recurrence. The signed-off report will also be submitted for review.
Work activities affected by a Nonconformance Report will proportionally counter-
affect payments. Whether that be partial or full retainage will be left up to the
discretion of Sustainability Manager.
1.5 AUDITS
A. Sustainability Manager may choose at its option to perform Contractor audits of
their Contractor Quality Control Plan at any time. Reports of these audit results
will be forwarded to the Project Manager for his action. Any action items noted
during an audit for the Contractor will be followed up and documented to insure
compliance and avoid recurrence.
1.6 SUMMARY
The intention of this plan is to create a system of checks and balances that will minimize
delays caused by rework and a lack of planning and maximize production and insure
that the finished product is one that the entire construction team can pride themselves in.
These goals can be achieved by giving the Owner exactly what he has bought. The
Owner will expect no more and through Quality Assurance, the construction team will
provide no less.
CONTRACTOR QUALITY CONTROL PLAN 00980-Page 125 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
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SECTION 00990
SPECIAL CONDITIONS
1. Construction shall be conducted in such a manner as to cause the least possible
interruption to normal County business. Necessary access to and from adjacent
buildings and the parking area shall be provided at all times.
2. Contractor shall take all means necessary to contain dust and debris as an
integral part of the work.
3. Weather intrusion and unauthorized access to the Project Site due to
construction activities shall be prevented by the Contractor's careful scheduling
of work, or other means satisfactory to the Owner.
4. Contractor shall coordinate construction activities as necessary to avoid security
or safety concerns at the Project Site.
5. Information shown on the Drawings is assembled from numerous record
information sources and may be inaccurate or incomplete. Contractor shall make
such field visits or investigations as are necessary to prepare an accurate and
complete bid. Claims for extra work or expense after bid closing which are due to
reasonably foreseeable circumstances shall be denied and shall remain the sole
risk and expense of the Contractor. Field measured dimensions shall be
obtained by the Contractor prior to placing orders for fabrications or prefabricated
materials. Adjustments, delays, re-fabrications, or replacement materials due to
inaccurate information are the sole responsibility of the Contractor.
6. SITE SURVEY
A. The Plat of Survey or other survey data, are available in the Office of the
Sustainability Manager for review, and are for the general information of the
contractor. The data contained was prepared by AMEC/Engineer for the design
of the project, and neither the Owner nor AMEC/Engineer, nor Sustainability
Manager make any representation, guarantee of warranty as to the accuracy or
completeness of data indicated, expressed or implied.
B. Proposers shall visit the site; make their own investigations, assumptions
and conclusions as to the nature and extent of existing surface and overhead
conditions affecting the work. Neither the Owner nor AMEC/Engineer, nor
Sustainability Manager will be responsible for additional type or extent of work
required to be performed under the Contract due to any assumptions or
conclusions by the successful proposer based upon the survey information
provided.
SPECIAL CONDITIONS 00990-Page 126 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
KEY LARGO, MONROE COUNTY, FL
SECTION 01010
SUMMARY OF THE WORK
1 Project Overview
The Scope of Work consists of backfilling Canal #29 located in Sexton Cove Estates
Subdivision, Monroe County, Key Largo Florida. The backfilling activities are to be
completed so that a natural benthic community can be established. The backfilling will
raise the canal bottom to -8.7 ft. NAVD, which is approximately 6 feet below the Mean
Sea Level for the canal (a depth that is typically suitable to allow for sufficient light and
oxygen to permeate the water column to support a healthy ecological habitat). The
backfilling shall be done in such a way to prevent impact to the nearshore waters, and
shall be completed using the proposed staging areas identified in the design drawings,
or an approved alternate. The Contractor is required to provide a complete job as
contemplated by the drawings (Exhibit A) and specifications, which are a part of this
bid package.
2 General Project Intent and Scope
Provide all labor, supervision, engineering, materials, supplies, equipment, tools,
transportation, surveying, layout, and protection for the proper execution and completion
of all the work in accordance with the Contract Documents. The Work shall include but
not be limited to that shown on the Drawings and detailed in the Technical
Specifications if any included in this Contract.
SPECIAL PROVISIONS
The following Special Provisions are intended to clarify the scope of work, or
highlight features of the work, or modify, change, add to, or delete from the General
Scope of this Proposal Package.
1. All licenses required in order to perform the scope of work in the specified
location, shall be procured and maintained by the contractor and his
subcontractors. Contractor shall submit copies to Sustainability Manager
prior to notice to proceed. Contractor's license shall accompany proposal.
2. Contractor is to review Division 1 General Requirements for additional
responsibilities required in order to perform this Work.
3.. If in the event of conflicting, or overlapping requirements in any area of the
proposal documents, technical specifications, or drawings, the most
stringent condition shall be proposed and constructed. Notify
Sustainability Manager in any event, in order to not compromise the
Owner's right to make appropriate decisions.
SUMMARY OF THE WORK 01010-Page 127 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
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4. Contractor shall maintain As-Built Drawings, (Record Drawings per
Section 01720), of his work progression.
6. The Contractor shall not store materials, tools or debris in areas of the
project site without written permission. Contractor shall provide suitable
storage container, and be responsible for disposal off-site of all debris and
trash.
7. The Contractor shall coordinate with Owner's representative on available
hours for Job Site access. Job site will have limited 8AM -6PM work
hours. Contractor will need to schedule work shifts typically from 8AM-
6PM weekly. Any change to agreed upon schedule must be obtained in
writing with a minimum of 72 hrs. advanced notice.
8. Coordination of each days works shall be done in advance with approval
from County.
1.2 PROTECTION:
A. The Contractor shall use every available precaution to provide for the safety of property
owner, visitors to the site, and all connected with the work under the Contract.
B. All existing facilities both above and below ground shall be protected and maintained
free of damage. Existing facilities shall remain operating during the period of construction
unless otherwise permitted. All access roadways must remain open to traffic unless otherwise
permitted.
C. Barricades shall be erected to fence off all construction areas from operations personnel
and the general public. Fence posts shall have bases that eliminate the need to penetrate the
ground for support.
D. Safety Requirements
1. All application, material handling, and associated equipment shall conform to and be
operated in conformance with OSHA safety requirements.
2. Comply with federal, state and local and owner fire and safety requirements.
3. Advise owner whenever work is expected to be hazardous to owner employees and/or
operations.
4. Maintain proper fire extinguisher within easy access whenever power tools, roofing
kettles, and torches are being used.
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1.3 HOUSEKEEPING:
1. Keep materials neat and orderly.
2. Remove scrap, waste and debris from project area daily.
3. Maintenance of clean conditions while work is in progress and cleanup when
work is completed shall be in strict accordance with the "General Conditions" of
this contract.
4. Maintain Fire protection during construction
5. Housekeeping required on a daily basis
SUMMARY OF THE WORK 01010-Page 129 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
KEY LARGO, MONROE COUNTY, FL
SECTION 01015
CONTRACTOR'S USE OF PREMISES
PART 1 — GENERAL
1.1 DESCRIPTION
A. Work included:
This Section applies to situations in which the Contractor or his representatives including, but
not necessarily limited to, suppliers, subcontractors, employees, and field engineers, enter upon
Owner's property.
Related work:
Documents affecting work of this Section include, but are not limited to, General Conditions,
Supplementary Conditions, and Sections in Division 1 of these Specifications.
1.2 QUALITY ASSURANCE
A. Promptly upon award of the Contract, notify all pertinent personnel regarding
requirements of this Section.
Require all personnel who will enter upon the Owner's property certify their awareness of and
familiarity with requirements of this Section.
1.3 SUBMITTALS
Maintain an accurate record of names and identification of all persons entering upon Owner's
property in connection with Work of this Contract, including times of entering and times of
leaving, and submit a copy of the record to Owner daily.
1.4 TRANSPORTATION FACILITIES
A. Provide adequate protection for curbs and sidewalks over which trucks and equipment
pass to reach job site.
Contractor's vehicles:
1. Require Contractor's vehicles, vehicles belonging to employees of Contractor, and all
other vehicles entering upon Owner's property in performance of Work of Contract, to use only
the Access Route approved in advance by Owner.
Do not permit such vehicles to park on any street or other area of Owner's property except in
the area approved by Owner as "Contractor's Parking Area."
1.5 SECURITY
A. Restrict access of all persons entering upon the Owner's property in connection
with work to the Access Route and to actual site of the work.
CONTRACTOR'S USE OF PREMISES 01015-Page 130 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE, KEY LARGO,
MONROE COUNTY, FL
SECTION 01027
APPLICATION FOR PAYMENT
1. SUMMARY
This section provides procedures for preparation and submittal of Applications for Payment.
2. FORMAT
The Application for Payment including the Continuation Sheet is the required format for submitting
invoices. A copy of these forms is included in this section. The Owner reserves the right to modify the
format to better suit his internal accounting system.
3. SUBMITTAL PROCEDURES
A. The initial Application for Payment will not be processed until the Contractor's Construction
Schedule, Schedule of Values, and the initial Submittal Schedule have been received,
reviewed and approved by Sustainability Manager.
B. Submit an updated Construction Schedule and Submittal Schedule and a Partial Release of
Lien with each Application for Payment.
C. Payment shall be made according to the Local Government Prompt Payment Act, Sec. 218.70
et seq. Florida Statutes.
D. Monroe County makes every effort to meet the payment schedule. It is requested that the
contractor not make any calls to any County office inquiring about payment until the twentieth
(201") day after submission of the pay request.
4. MONTHLY PAY REQUEST PROCEDURE
A. AMEC/Engineer to review as-builts as to current additions, corrections, etc., prior to monthly
approval to ensure as-builts are current.
5. FINAL PAY PROCEDURE
A. To help expedite the final payment, it is necessary for AMEC/Engineer to have a correct and
complete package of documents 20 days in advance of requested pay date.
A. A minimum of ten (10) working days is required from receipt of correct documents for
Sustainability Manager to obtain necessary signatures and submit project for Final Payment.
Contractor shall submit all required forms and releases to AMEC/Engineer. The following
documents (samples attached) are required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
APPLICATION FOR PAYMENT 01027-Page 131 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE, KEY LARGO,
MONROE COUNTY, FL
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
Also, all warranties and guarantees required by Contract, "As-Built" drawings, including red-
lined site plan, submittal documents, certification that all utility bills (i.e., electric, local water)
have been paid, and a complete list of subcontractors with addresses and phone numbers must
be submitted prior to final payment in both bound paper and electronic PDF form on CD/DVD.
C. It is the Contractor's responsibility to ensure the completeness of the Final Pay Package.
Incompleteness will result in delay of Final Pay. Final Pay Requests will not be
processed until all the required documents are received by Monroe County Sustainability
Manager. Final Pay Request must be submitted no later than 30 days after final project
completion and acceptance.
6. 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, date, line item by number and description.
APPLICATION FOR PAYMENT 01027-Page 132 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE, KEY LARGO, I
ENGINEER'S CERTIFICATE FOR PAYMENT
APPLICATION FOR PAYMENT In accordance with the Contract Documents,based on
SUMMARY comprising the above application,the Engineer certifies
Engineer's knowledge, information and belief,the Worl
Application No: quality of the VVuik is in armordance with the Conti
entitled to payment of the Amount Certified.
To: Monroe County, Florida
This Certificate is not negotiable. The Amount Certifies
From: named herein. Issuance,payment and acceptance of
Contractor any rights of the Owner or Contractor under this Contr<
Project: Amount Certified:
(Attach an explanation if the amount certified differs frc
Contract For:
ENGINEER:
Period: From: To:
By:
Contract Date:
Date:
Original Contract Sum: $
The undersigned Contractor certifies that to the best of
Net Change By Approved Change Order: information and belief,the Work covered by this Applic
completed in accordance with the Contract Documents
Contract Sum To Date: the Contractor for Work for which previous Application:
payments received from the Owner,and that current p,
Total Completed&Stored To Date:
Retainage By:
%of Completed Work:
State of:
Total Earned Less Retainage:
Subscribed and sworn to before me this day of
Less Previous Payments:
Notary Public:
Current Payment Due:
My Commission Expires:
Balance to Finish:
Approved for Payment Approved for Payr
Reviewed for Payment
Monroe County, C
Sustainability Program Manager Roman Gastesi, C
Debbie Frederick,
Date: Date:
Date:
APPLICATION FOR PAYMENT 01027-Page 133 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE, KEY LARGO, I
CONTINUATION SHEET
PAGES
APPLICATION AND CERTIFICATE FOR PAYMENT APPLICATION NO.:
Containing Contractor's signed Certification is attached. APPLICATION DATE:
In tabulations below, amounts are stated to the nearest dollar. PERIOD TO:
Use Column I on Contracts where variable retainage for line items may apply.
Change Orders added at the end of sheet.
A B C D E F G
WORK COMPLETED
ITEM DESCRIPTION OF WORK SCHEDULED FROM PREVIOUS THIS PERIOD MATERIALS TOTAL
NO. VALUE APPLICATION PRESENTLY COMPLETED AND (G C)
(D+E) STORED STORED TO DATE
NOT INDORE D+E+F
APPLICATION FOR PAYMENT 01027-Page 134 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE, KEY
LARGO, MONROE COUNTY, FL
MONROE COUNTY
CONTRACT CHANGE ORDER
PROJECT TITLE: CHANGE ORDER NO:
INITIATION DATE:
TO CONTRACTOR: CONTRACT DATE:
The Contract is changed as follows:
The original (Contract Sum) (Guaranteed Maximum Price)............................................$
Net change by previously authorized Change Orders...................................................$
The (Contract Sum) (Guaranteed Maximum Price) prior to this Change order was.............$
The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased)
(unchanged) by this Change Order.......$
The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is......$
The Contract Time will be (increased) (decreased) (unchanged) by..................................
The date of Substantial Completion as of the date of this Change Order is.........................
Detailed description of change order and justification:
This change Order is % of the original contract price.
Not valid until signed by Owner, Architect (if applicable), and Contractor
ENGINEER:
Date
CONTRACTOR:
Date
SUSTAINABILITY PROGRAM MANAGER:
Date
COUNTY/DEPUTY ADMINISTRATOR
Date
APPLICATION FOR PAYMENT 01027-Page 135 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE, KEY
LARGO, MONROE COUNTY, FL
Change Order Attachment per Ordinance No. 004-1999
• Change Order was not included in the original contract specifications. Yes ❑ No ❑
If Yes, explanation:
• Change Order was included in the original specifications. Yes ❑ No ❑
If Yes, explanation of increase in price:
• Change Order exceeds $25,000 or 5% of contract price (whichever is greater). Yes ❑ No ❑
If Yes, explanation as to why it is not subject for a calling for bids:
• Project engineer approves the change order. Yes ❑ No ❑
If no, explanation of why:
• Change Order is correcting an error or omission in design document. Yes ❑No ❑
Should a claim under the applicable professional liability policy be made? Yes ❑ No ❑
Explain:
APPLICATION FOR PAYMENT 01027-Page 136 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE, KEY
LARGO, MONROE COUNTY, FL
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 Project Managers 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.
INSPECTOR BY DATE
(if used)
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 requirenients and coverage.
APPLICATION FOR PAYMENT 01027-Page 137 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE, KEY
LARGO, MONROE COUNTY, FL
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,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 knowm 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 required.
AIA DOCUMENT G707,CONSENT OF
SURETY,may be used for this purpose. Indicate
attachment: yes( ) no( ) Address:
The following supporting documents should be attached
hereto:
By:
l. Contractor's Release or Waiver of Liens,
conditional upon receipt of final payment.
Subscribed and sworn to before me this
2. Separate Releases or Waivers of Liens from day of 120
Subcontractors and material and equipment
suppliers, to the extent required by the Owner,
accompanied by a list thereof. Notary Public:
3. Contractor's Affidavit or Release of Liens.
My Commission Expires:
APPLICATION FOR PAYMENT 01027-Page 138 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE, KEY
LARGO, MONROE COUNTY, FL
CONTRACTOR'S AFFIDAVIT OF
RELEASE OF LIENS
TO OWNER: CONTRACT FOR:
(Name and address)
CONTRACT DATED:
PROJECT:
(Name and address)
State of
County of
The undersigned hereby certifies that to the best of the undersigned's knowledge, information and belief,
except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all
Subcontractors, all suppliers of materials and equipment, and all performers of Work, labor or services
who have or may have liens or encumbrances or the right to assert liens or encumbrances against any
property of the Owner arising in any manner out of the performance of the Contract referenced above.
EXCEPTIONS:
SUPPORTING DOCUMENTS ATTACHED CONTRACTOR:
HERETO: (Name and address)
1. Contractor's Release or Waiver of Liens,
conditional upon receipt of final payment. By.
2. Separate Releases or Waivers of Liens from (Signature of authorized representative)
Subcontractors and material and equipment
suppliers, to the extent required by the Owner,
accompanied by a list thereof.
(Printed Name and Title)
Subscribed and sworn to before me this date:
Notary Public:
(SEAL)
My Commission Expires:
APPLICATION FOR PAYMENT 01027-Page 139 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE, KEY
LARGO, MONROE COUNTY, FL
MONROE COUNTY
FINAL RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS, that
for and consideration of the sum of
Dollars ($ )
paid to
by Monroe County, Florida receipt of which is hereby acknowledged, do(es) hereby release
and quit claim to Monroe County, Florida, the Owner, its successors or assigns, all liens, lien
rights, claims or demands of any kind whatsoever which
has (have) or might have against the property, building, and/or improvements, on account of
labor performed, material furnished, and/or for any incidental expense for the construction of:
thereon or in otherwise improving said property situated as above described.
IN WITNESS WHEREOF THIS day of 120
Witness Name of Company
Witness Signature, Title
Notary Public
My commission expires:
APPLICATION FOR PAYMENT 01027-Page 140 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
KEY LARGO, MONROE COUNTY, FL
MONROE COUNTY
AFFIDAVIT AND PARTIAL RELEASE OF LIEN
APPLICATION NO.: PERIOD ENDING DATE: APPLICATION DATE:
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, for and in consideration of the
payment of the sum $ , to be paid to the undersigned, hereby releases,
acquits, satisfies and forever discharges, MONROE COUNTY, OWNER, their successors and
assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind
whatsoever, to the extent of the payment to date on account of the furnishing of labor, material
or services for the improvement of the following described property:
As part of this PARTIAL RELEASE, THAT UNDERSIGNED HEREBY CERTIFIES the following:
THAT the contract of the undersigned, as adjusted by all increases and decreases, is in the
amount of $ as of the date of the Partial Release and the undersigned has
received
$ as payment on the adjusted contract amount as of the date of this Partial
Release.
THAT all supplies of labor, material or services furnished to, or for the benefit of the
undersigned for improvement to the subject property have been paid in full. Any and all
suppliers of labor, material or services for improvement to the subject property, who have not
been paid in full are listed below with the amount owing each, claimed by each and the reason
for non-payment: (If none, write "NONE")
CLAIMANT AMOUNT DUE AMOUNT CLAIMED REASON FOR NONPAYMENT
THAT all taxes imposed by all government agencies have been paid and discharged.
THAT all funds have been collected for FICA and withholding taxes have been properly
deposited with appropriate agencies or paid to the government as required by law.
THAT the undersigned has no other claims for money against the OWNER other than those
Subcontractors'/Suppliers' amounts remaining due and owing on the adjusted contract balance
as reflected above.
THAT the undersigned further certifies that if there is a Guarantee, Warranty or Maintenance
Agreement in connection with the labor and material furnished by it, that this payment and
PARTIAL RELEASE shall not release the undersigned from any obligations under such
Guarantee, Warranty, or Maintenance Agreement.
WITNESS MY HAND THIS day of , 20
Witness Name of Company
Witness Signature, Title
APPLICATION FOR PAYMENT 01027-Page 141 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
KEY LARGO, MONROE COUNTY, FL
SECTION 01030
ALTERNATES
PART 1 — GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division-1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section specifies administrative and procedural requirements for Alternates.
B. Definition: An alternate is an amount proposed by Proposer and stated on the Proposal
Form for certain construction activities defined in the Proposal Requirements that may
be added to or deducted from Base Proposal amount if the Owner decides to accept a
corresponding change in either the installation or methods described in Contract
Documents.
C. Coordination: Coordinate related Work and modify or adjust adjacent Work as necessary
to ensure that Work affected by each accepted Alternate is complete and fully integrated
into the project.
D. Notification: Immediately following the award of the Contract, prepare and distribute to
each party involved, notification of the status of each Alternate. Indicate whether
Alternates have been accepted, rejected or deferred for consideration at a later date.
Include a complete description of negotiated modifications to Alternates.
1. Include as part of each Alternate, miscellaneous devices, accessory objects and
similar items incidental to or required for a complete installation whether or not
mentioned as part of the Alternate.
ALTERNATES 01030-Page 142 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
KEY LARGO, MONROE COUNTY, FL
SECTION 01040
PROJECT COORDINATION
PART I — GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of Contract, including General and
Supplementary Conditions and other Division 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. This Section specifies administrative and supervisory requirements of the
Contractor necessary for Project coordination including, but not necessarily
limited to:
1. Coordination
2. Administrative and supervisory personnel
3. General installation provisions
4. Cleaning and protection
B. Field engineering is included in Section 01050 "Field Engineering".
C. Progress meetings, coordination meetings and pre-installation conferences are
included in Section 01200 "Project Meetings".
D. Requirements for the Contractor's Construction Schedule are included in Section
01301 "Submittals".
1.3 COORDINATION
A. Coordination: Coordinate construction activities included under various Sections
of these Specifications to assure efficient and orderly installation of each part of
the Work. Coordinate construction operations included under different Sections
of the Specifications that are dependent upon each other for proper installation,
connection, and operation.
1. Where installation of one part of the Work is dependent on installation of
other components, either before or after its own installation, schedule
construction activities in the sequence required to obtain the best results.
2. Where availability of space is limited, coordinate installation of different
components to assure maximum accessibility for required maintenance,
service and repair.
3. Make adequate provisions to accommodate items scheduled for later
installation.
B. Where necessary, prepare memoranda for distribution to each party involved
outlining special procedures required for coordination. Include items as required
notices, reports, and attendance at meetings.
PROJECT COORDINATION 01040-Page 143 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
KEY LARGO, MONROE COUNTY, FL
1. Prepare similar memoranda for the Owner and separate Contractors
where coordination of their work is required.
C. Administrative Procedures: Coordinate scheduling and timing of required
administrative procedures with other construction activities to avoid conflicts and
ensure orderly progress of the Work. Such administrative activities include, but
are not limited to, the following:
1. Preparation of schedules
2. Installation and removal of temporary facilities
3. Delivery and processing of submittals
4. Progress meetings
5. Project Close-out activities
D. Conservation: Coordinate construction activities to ensure that operations are
carried out with consideration given to conservation of energy, water, and
materials.
1. Salvage materials and equipment involved in performance of, but not
actually incorporated in, the Work. Refer to other sections for disposition
of salvaged materials that are designated as Owner's property.
1.4 SUBMITTALS
A. Coordination Drawings: Prepare and submit coordination Drawings where close
and careful coordination is required for installation of products and materials
fabricated off-site by separate entities, and where limited space availability
necessitates maximum utilization of space for efficient installation of different
components.
1. Show the interrelationship of components shown on separate Shop
Drawings.
2. Indicate required installation sequences.
3. Comply with requirements contained in Section 01301 "Submittals".
B. Staff Names: Within XX calendar days of Notice to Proceed, submit a list of the
Contractor's principal staff assignments, including the Superintendent and other
personnel in attendance at the site; identify individuals, their duties and
responsibilities; list their addresses and telephone numbers.
1. Post copies of the list in the Project meeting room, the temporary field
office, and at each temporary telephone.
PART 2 — PRODUCTS (Not Applicable)
PART 3— EXECUTION
3.1 GENERAL INSTALLATION PROVISIONS
Inspection of Conditions: Require the Installer of each major component to inspect
both the substrate and conditions under which Work is to be performed. Do not
PROJECT COORDINATION 01040-Page 144 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
KEY LARGO, MONROE COUNTY, FL
proceed until unsatisfactory conditions have been corrected in an acceptable
manner.
Manufacturer's Instructions: Comply with manufacturer's installation instructions and
recommendations, to the extent that those instructions and recommendations
are more explicit or stringent than requirements contained in Contract
Documents.
Inspect materials or equipment immediately upon delivery and again prior to
installation. Reject damaged and defective items.
Provide attachment and connection devices and methods necessary for security Work.
Secure Work true to line and level. Allow for expansion and building
movement.
Visual Effects: Provide uniform joint widths in exposed Work. Arrange joints in
exposed Work to obtain the best visual effect. Refer questionable choices to
Engineer for final decision.
Recheck measurements and dimensions, before starting each installation.
Install each component during weather conditions and Project status that will ensure
the best possible results. Isolate each part of the completed construction from
incompatible material as necessary to prevent deterioration.
Coordinate temporary enclosures with required inspections and tests, to minimize the
necessity of uncovering completed construction for that purpose.
Mounting Heights: Where mounting heights are not indicated, install individual
components at standard mounting heights recognized within the industry for
the particular application indicated. Refer questionable mounting height
decisions to Engineer for final decision.
3.1 CLEANING AND PROTECTIONS
A. During handling and installation, clean and protect construction in progress and
adjoining materials in place. Apply protective covering where required to ensure
protection from damage or deterioration at Substantial Completion.
B. Clean and maintain completed construction as frequently as necessary through
the remainder of the construction period. Adjust and lubricate operable
components to ensure operability without damaging effects.
C. Limiting Exposures: Supervise construction activities to ensure that no part of
the construction completed or in progress, is subject to harmful, dangerous,
damaging, or otherwise deleterious exposure during the construction period.
Where applicable, such exposures include, but are not limited to, the following:
PROJECT COORDINATION 01040-Page 145 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
KEY LARGO, MONROE COUNTY, FL
LIMITING EXPOSURES
1. Excessive static or dynamic loading
2. Excessive internal or external pressures
3. Excessively high or low temperatures
4. Thermal shock
5. Excessively high or low humidity
6. Air contamination or pollution
7. Water
8. Solvents
9. Chemicals
10. Light
11. Radiation
12. Puncture
13. Abrasion
14. Heavy traffic
15. Soiling, staining and corrosion
16. Bacteria
17. Rodent and insect infestation
18. Combustion
19. Electrical current
20. High speed operation
21. Improper lubrication
22. Unusual wear or other misuse
23. Contract between incompatible materials
24. Destructive testing
25. Misalignment
26. Excessive weathering
27. Unprotected storage
28. Improper shipping or handling
29. Theft
30. Vandalism
PROJECT COORDINATION 01040-Page 146 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
KEY LARGO, MONROE COUNTY, FL
SECTION 01045
CUTTING AND PATCHING
PARTS 1, 2 and 3— Not Applicable.
CUTTING AND PATCHING 01045-Page 147 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
KEY LARGO, MONROE COUNTY, FL
SECTION 01050
FIELD ENGINEERING
PART 1- GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and
Supplementary Conditions and other Divisions 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. General: This Section specifies administrative and procedural requirements of
the Contractor for field-engineering services including, but not limited to, the
following:
1. Land survey work.
2. Civil-engineering services.
3. Damage surveys.
4. Geotechnical monitoring.
B. Related Sections: The following Sections contain requirements that are related
to this Section:
1. Division 1 Section "Coordination" for procedures for coordinating field
engineering with other construction activities.
2. Division 1 Section "Submittals" for submitting Project record surveys.
3. Division 1 Section "Project Closeout" for submitting final property survey
with Project Record Documents and recording of Owner-accepted
deviations from indicated lines and levels.
1.3 SUBMITTALS
A. Certificates: Submit a certificate signed by the land surveyor or professional
engineer certifying the location and elevation of improvements.
B. Project Record Documents: Submit a record of Work performed and record
survey data as required under provisions of "Submittals" and "Project Closeout"
Sections.
1.4 QUALITY ASSURANCE
A. Surveyor Qualifications: Engage a land surveyor registered in the state where
the Project is located, to perform required land-surveying services.
FIELD ENGINEERING 01050-Page 148 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
KEY LARGO, MONROE COUNTY, FL
B. Engineer Qualifications: Engage an engineer of the discipline required, licensed
in the state where the Project is located, to perform required engineering
services.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.1 EXAMINATION
A. Identification: The Owner will identify existing control points and property
line corner stakes.
B. Verify layout information shown on the Drawings, in relation to the property
survey and existing benchmarks, before proceeding to lay out the Work. Locate
and protect existing benchmarks and control points. Preserve permanent
reference points during construction.
1. Do not change or relocate benchmarks or control points without prior
written approval. Promptly report lost or destroyed reference points or
requirements to relocate reference points because of necessary changes
in grades or locations.
2. Promptly replace lost or destroyed Project control points. Base
replacements on the original survey control points.
C. Establish and maintain a minimum of 2 permanent benchmarks on the site,
referenced to data established by survey control points.
1. Record benchmark locations, with horizontal and vertical data, on Project
Record Documents.
D. Existing Utilities and Equipment: The existence and location of underground and
other utilities and construction indicated as existing are not guaranteed. Before
beginning site work, investigate and verify the existence and location of
underground utilities and other construction.
1. Prior to construction, verify the location and invert elevation at points of
connection of sanitary, sewer, storm sewer, and water-service piping.
3.2 PERFORMANCE
A. Work from lines and levels established by the property survey. Establish
benchmarks and markers to set lines and levels at each story of construction and
elsewhere as needed to locate each element of the Project. Calculate and
measure required dimensions within indicated or recognized tolerances. Do not
scale Drawings to determine dimensions.
1. Advise entities engaged in construction activities of marked lines and
levels provided for their use.
FIELD ENGINEERING 01050-Page 149 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
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2. As construction proceeds, check every major element for line, level, and
plumb.
B. Surveyor's Log: Maintain a surveyor's log of control and other survey work.
Make this log available for reference.
1. Record deviations from required lines and levels, and advise
AMEC/Engineer when deviations that exceed indicated or recognized
tolerances are detected. On Project Record Drawings, record deviations
that are accepted and not corrected.
2. On completion of foundation walls, major site improvements, and other
work requiring field-engineering services, prepare a certified survey
showing dimensions, locations, angles, and elevations of construction
and site work.
C. Site Improvements: Locate and lay out site improvements, including pavements,
stakes for grading, fill and topsoil placement, utility slopes, and invert elevations.
D. Building Lines and Levels: Locate and lay out batter boards for structures,
building foundations, column grids and locations, floor levels, and control lines
and levels required for mechanical electrical work.
E. Existing Utilities: Furnish information necessary to adjust, move, or relocate
existing structures, utility poles, lines, services, or other appurtenances located in
or affected by construction. Coordinate with local authorities having jurisdiction.
FIELD ENGINEERING 01050-Page 150 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
KEY LARGO, MONROE COUNTY, FL
SECTION 01200
PROJECT MEETINGS
PART 1 - GENERAL
1. SUMMARY
A. Section includes:
1. Project meetings
2. AMEC/ENGINEER'S RESPONSIBILITY
A. AMEC/Engineer shall schedule and administer pre-construction meeting, periodic
progress meetings, and specially called meetings throughout progress of the
Work.
1. Prepare agenda for meetings.
2. Provide notice of each meeting 24 hours in advance of meeting date, or
provide as much advance notice as possible.
3. Make physical arrangements for meetings.
4. Preside at meetings.
5. Record the minutes; include significant proceedings and decisions.
6. Reproduce and distribute copies of minutes.
a. To participants in the meeting.
b. To parties affected by decisions made at the meeting.
C. To Monroe County staff as needed.
B. Representatives of the Contractors, subcontractors and suppliers attending
meetings shall be qualified and authorized to act on behalf of the entity each
represents.
C. The Engineer and the Owner's Representative may attend meetings to ascertain
that the Work is expedited consistent with the Contract Documents and
construction schedules.
3. PRE-CONSTRUCTION MEETING
A. Location: A central site designated by AMEC/Engineer.
B. Attendance:
1. Monroe County Sustainability Manager designee.
2. AMEC/Engineer and his professional consultants (as required).
3. The Contractor's Superintendent.
4. Major subcontractors.
5. Major suppliers.
6. Others as appropriate.
C. Suggested Agenda:
1. Distribution and discussion of:
a. List of major subcontractors and suppliers.
PROJECT MEETINGS 01200-Page 151 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
KEY LARGO, MONROE COUNTY, FL
b. Projected Construction Schedules.
2. Critical Work sequencing.
3. Major equipment deliveries and priorities.
4. Project Coordination.
a. Designation of responsible personnel.
5. Procedures and processing of:
a. Field decisions.
b. Bid requests.
C. Submittals.
d. Change Orders.
e. Applications for Payment.
6. Adequacy of distribution of the Contract Documents.
7. Procedures for maintaining Record Documents.
8. Use of premises:
a. Office, work and storage areas.
b. The Owner's requirements.
9. Construction facilities, controls and construction aids.
10. Temporary utilities.
11. Safety and first-aid procedures.
12. Security procedures.
13. Housekeeping procedures.
14. Distribute meeting minutes within (3) days.
4. PERIODIC PROGRESS MEETINGS
A. The Contractor's Project Manager and/or Superintendent shall be required to
attend a periodic scheduled meeting.
B. Location of the meetings: A central site designated by AMEC/Engineer, typically
it will be at the project site.
C. Attendance:
1. Monroe County Sustainability Manager designee
2. AMEC/Engineer and his professional consultants as needed.
3. Contractors as appropriate to the agenda.
4. Suppliers as appropriate to the agenda.
5. Others.
D. Suggested Agenda:
1. Distribute meeting minutes.
2. Approval of the minutes.
3. Review of Work progress since previous meeting.
4. Field observations, problems, conflicts, Requests for Information (RFI).
5. Problems which impede Construction Schedule.
6. Review of off-site fabrication, delivery schedules.
7. Corrective measures and procedures to regain projected schedule.
8. Revisions to Construction Schedule.
9. Progress, schedule, during succeeding Work period.
10. Coordination of schedules.
11. Review submittal schedules.
12. Maintenance of quality standards.
PROJECT MEETINGS 01200-Page 152 of 205
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13. Pending changes, substitutions and Change Order Requests (COR).
14. Review proposed changes for:
a. Effect on Construction Schedule and on completion date.
b. Effect on other contracts of the Project.
15. Other business.
E. Revisions to minutes:
1. Unless published minutes are challenged in writing prior to the next
regularly scheduled progress meeting, they will be accepted as properly
stating the activities and decisions of the meeting.
2. Persons challenging published minutes shall reproduce and distribute
copies of the challenge to all indicated recipients of the particular set of
minutes.
3. Challenge to minutes shall be settled as priority portion of"old business"
at the next regularly scheduled meeting.
PROJECT MEETINGS 01200-Page 153 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
KEY LARGO, MONROE COUNTY, FL
SECTION 01301 SUBMITTALS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. The Contractor shall submit to AMEC/Engineer, shop drawings, product
data, certifications and samples required by the technical sections.
2. The Contractor shall prepare and submit a separate schedule listing
dates for submission and dates for review.
B. Related Sections:
1. Section 00750 - GENERAL CONDITIONS
2. Individual submittals required: refer to each specific section, for
certifications, shop drawings, product data and sample requirements.
1.2 SUBMITTAL SCHEDULE
A. The Contractor shall submit within five (5) days of Notice to Proceed, and prior to
proceeding with the site work, a preliminary "Submittal Schedule" to
Sustainability Manager and AMEC/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 for all required submittals on both paper and electronic PDF.
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.
2. Date contractor has scheduled to order material or equipment or the
submittal item.
3. Date contractor has scheduled delivery to job-site of material or
equipment or the submittal item.
4. Add any remarks or unique items that Sustainability Manager and
AMEC/Engineer should be aware of.
C. The Contractor shall allow a minimum of two (2) days for review of submittal by
Sustainability Manager and AMEC/Engineer (in calendar days).
D. The submittal master record will then be used to track submittals within the
process.
SUBMITTALS 01301-Page 154 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
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1.3 SHOP DRAWINGS Not applicable
1.4 PRODUCT DATA
A. Product data such as catalog cuts, brochures or manufacturer's sheets will be
submitted and adequately identified to AMEC/Engineer. Submit four (4) copies
of product data to AMEC/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. The contractor shall submit seven (7) sets to AMEC/Engineer. AMEC/Engineer
will check and return five (5) copies to the Contractor after review.
1.5 SAMPLES
A. Provide samples to illustrate materials, equipment or workmanship, and to
establish standards by which completed work may be judged.
B. Construct mock-ups as required by the technical sections, at the Project Site in a
location designated by AMEC/Engineer. Construct mock-ups, including adjacent
work required, to demonstrate the final appearance of the Work.
C. The contractor shall submit (3) samples to AMEC/Engineer and (1) will be
returned to the contractor after review/return from AMEC/Engineer.
1.6 CERTIFICATIONS
A. Provide certifications as required by various technical sections on the
Contractor's letterhead stationery. 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 one (1) original, one (1) electronic and two (2)
hardcopies to AMEC/Engineer. AMEC/Engineer will retain two (2) sets and the
balance returned to the Contractor after review.
1.7 THE CONTRACTOR'S RESPONSIBILITIES
A. Before making submittals to AMEC/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 AMEC/Engineer for review. Return submittals not meeting Contract
requirements to subcontractors and do not forward such submittals to
AMEC/Engineer.
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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 AMEC/Engineer in writing of
deviations in submittals from the requirements of the Contract Documents.
E. After AMEC/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.
F. Do not begin the Work which requires submittals until return of submittals with
AMEC/Engineer's stamp and initials indicating review.
G. The Contractor's responsibility for errors and omissions in submittals is not
relieved by AMEC/Engineer's review of submittals.
H. The Contractor's responsibility for deviations in submittals from requirements of
the Contract Documents is not relieved by AMEC/Engineer review of submittals
unless AMEC/Engineer gives written acceptance of specific deviations.
1.8 AMEC/ENGINEER'S RESPONSIBILITIES
A. AMEC/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. AMEC/Engineer will make changes or notations directly on the submittal, identify
such review with his review stamp, obtain and record the Record File copy and
return the submittal to the Contractor, with copies to AMEC/Engineer.
C. AMEC/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.
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SECTION 01310
PROGRESS SCHEDULES
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Contractor submission of Progress schedules
2. Contractor submission of Revisions to schedules
B. Related sections:
1. Scope of work.
C. Description:
1. Progress Schedules: promptly after award of the Contract and prior to
proceeding with the site work, prepare and submit to Sustainability
Manager and AMEC/Engineer for approval, construction progress
schedules for the work, with sub-schedules of related activities which are
essential to its progress. Also incorporate manpower loading related to
each activity on the construction schedule.
2. Revisions to Schedule: submit revised/updated progress schedules with
each payment application.
1.2 FORMAT
A. Prepare Progress Schedules, Contractor to submit format of schedule for
approval by Sustainability Manager and AMEC/Engineer.
1.3 CONTENT
A. Indicate complete sequence of construction by activity, with dates for beginning
and completion of each element of construction.
B. Identify work of separate stages and other logically grouped activities.
C. Provide sub-schedules to define critical portions of the entire schedule.
1.4 REVISIONS TO SCHEDULES
A. Indicate progress of each activity to date of submittal, and projected completion
date of each activity.
B. Identify activities modified since previous submittal, major changes in scope, and
other identifiable changes.
1. Major changes in scope.
2. Activities modified since previous submission.
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3. Revised projections of progress and completion.
4. Other identifiable changes.
C. Provide a narrative report as needed to define:
1. Problem areas, anticipated delays and the impact on the schedule.
2. Corrective action recommended and its effect.
3. The effect of changes on schedules of other prime contractors.
1.5 SUBMITTALS
A. Submit initial schedules within five (5) days after receipt of the Contract Notice to
Proceed.
1. Sustainability Manager and AMEC/Engineer will review schedules and
return approved copy.
2. Submit revised Progress Schedules with each Application for Payment.
1.6 DISTRIBUTION
A. Distribute copies of the reviewed schedules to:
1. Job site file.
2. Subcontractors.
3. Other concerned parties.
B. Instruct recipients to report promptly to the Contractor, in writing, any problems
anticipated by the projections shown in the schedules.
Note: It is not incumbent upon Sustainability Manager or AMEC/Engineer to notify the
Contractor when to begin, to cease, or to resume work nor to give early notice of
faulty or defective work, or in any way to superintend so as to relieve the
Contractor of responsibility or of any consequence of neglect or carelessness.
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SECTION 01370
SCHEDULE OF VALUES
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes: Contractor submission of a Schedule of Values.
1. The Schedule of Values allocated to the various portions of the Work
shall be submitted to Sustainability Manager within five (5) days after
Notice to Proceed.
2. No item in the Schedule of Values shall exceed $25,000.00 without prior
approval from Monroe County Sustainability Manager.
3. Upon request of Sustainability Manager, revise and/or support the values
with data which will substantiate their correctness.
4. The Schedule of Values forms the basis for the Contractor's Applications
for Payment.
5. The Schedule of Values shall be the basis for the amount of credit to be
allowed by the Contractor to the Owner as per 5.6.1 of the Contract.
1.2 FORM AND CONTENT OF SCHEDULE OF VALUES
A. Type schedule on AIA G703 Form; the Contractor's standard forms and
automated printout will be considered by Sustainability Manager upon the
Contractor's request. Identify schedule with:
1. Title of Project and location
2. Architect/Engineer
3. Name and Address of the Contractor
4. Contract designation
5. Date of submission
B. List the installed value of the component parts of the Work in sufficient detail to
serve as a basis for computing values for progress payments during construction.
C. Follow the Specifications as the format for listing component items.
1. Identify each line item with the number and title of the respective major
section of the Specifications.
D. Itemize separate line item cost for each of the following general cost items:
1. Mobilization.
2. Bonds, Insurance and Permits.
3. Clean-up.
4. Submittals.
5. Safety.
E. For each major line item list sub-values of major products or operations under the
item.
F. For the various portions of the Work:
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1. Include a directly proportional amount of the Contractor's overhead and
profit for each item.
2. for items on which progress payments will be requested for stored
materials, break down the value into:
a. The cost of the materials, delivered and unloaded, with taxes paid.
b. The total installed value.
C. Attach vendor invoices.
d. No progress payments will be made for any materials stored off
site.
3. Submit a sub-schedule for each separate stage of work specified
G. The sum of values listed in the schedule shall equal the total Contract Sum.
1.3 REVIEW AND SUBMITTAL
A. After review by Sustainability Manager, revise and resubmit schedule (and
Schedule of Material Values) as required.
B. Resubmit revised schedule in same manner.
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SECTION 01385
DAILY CONSTRUCTION REPORTS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Requirement for Daily Construction Reports by the General Contractor.
2. Scheduled submission times for Daily Construction Reports.
1.2 FORM AND CONTENT OF DAILY CONSTRUCTION REPORTS
A. Daily Construction Reports shall be submitted by the General Contractor
performing work on the project. We have provided a form for your use at the end
of this section. If you chose to use your own form, all the information asked for on
the Daily Construction Report form included in this section, must be included on
your form. Items to be addressed on the Report are:
1. Title of Project
2. Name of Contractor
3. Date and day of Report information. For example, you performed work
on Thursday, February 14, 2008, so you would therefore use "Thursday,
2/14/08." This holds true even if you did not complete filling out the
Report until Friday, 2/15/08.
4. Contract designation.
5. Note any major Shipments received on that particular day.
6. Note major equipment used that day.
7. Note manpower used, and designate what trades. For example, if you
were the mechanical contractor, you would also list how many insulators,
pipe fitters, etc., that you were also managing, even if they were
subcontractors. In addition, list the names of the subcontractors that
were on-site that day.
8. Note any deficiencies in your work, and corrective actions taken to
resolve the deficiencies.
9. Note any safety violations discovered, whether or not caused by your
forces.
10. Provide a full description of work performed that day, by all
subcontractors, and or employees, currently working on the project.
Furthermore, be sure to include any problems or unusual conditions
discovered.
11. Report is to be signed by the authorized representative of the contractor,
and should the signature not be legible, print the name of the signer next
to the signature.
1.3 SCHEDULE OF SUBMITTING DAILY REPORTS
A. Daily Reports are to be submitted to AMEC/Engineer at the regularly scheduled
Project Meetings. Contractors are to submit the original of their report, and
should keep a copy for their records. AMEC/Engineer or Sustainabiltiy Manger
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photocopying facilities are not to be used in the reproduction for submission of
the reports.
B. Should contractor fail to comply with these instructions, the contractor's payment
application for the following month will be held in abeyance until such time the
contractor properly submits the delinquent reports.
DAILY CONSTRUCTION REPORT
PROJECT: REPORT NO:
CONTRACTOR:
DATE TIME WEATHER TEMP.RANGE
EST. % OF COMPLETION CONFORMANCE WITH SCHEDULE
WORK IN PROGRESS PRESENT AT SITE
OBSERVATIONS
ITEMS TO SATISFY
INFORMATION OR ACTION REQUIRED
ATTACHMENTS
REPORT BY:
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SECTION 01395
REQUEST FOR INFORMATION (RFI)
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Notification to AMEC/Engineer and Sustainability Manager in the event
errors, field conflicts, and omissions are found in the Contract Documents
or clarifications are necessary.
2. Utilization of (RFI)form.
B. Related Sections:
1. General Conditions Article 2.3
2. General Conditions Article 8.3.2
3. General Conditions Article 12.3
1.2 FORM AND CONTENT OF REQUEST FOR INFORMATION
A. All errors, field conflicts, and omissions in the Contract Documents shall be
brought to the attention of AMEC//Engineer and Sustainability Manager
immediately. If clarifications are necessary, the request is to be conveyed to
AMEC/Engineer and Sustainability Manager. AMEC/Engineer and Sustainability
Manager will respond to the Contractor. The RFI is a tool established to provide
expedient clarifications of contract drawings, specifications or field conflicts. It is
not meant to be a substitute for good communication.
B. The RFI is not meant for formal notification of extra work. Reference General
Conditions paragraph 8.3.2 and 12.3 (see Supplementary General Conditions),
when formal correspondence is required for formal notification of time
extensions, and for cost change notifications.
C. The responses provided on the RFI form to the Contractor are considered by the
Owner to be clarifications and/or minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract time per
Paragraph 12.4 of the Contract General Conditions. Should the Contractor
consider the RFI response requires extra work, notification in accordance with
Paragraph 12.3.1 of the Supplementary General Conditions is required.
1.3 UTILIZATION OF RFI FORM
A. The RFI form to be utilized is included at the end of this section, if you wish to use a
form of your own; it must contain the same information requested on our form.
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REQUEST FOR INFORMATION (RFI)
DATE
RFI#
PROJECT
FROM
CONTRACTOR
ADDRESS
PHONE FAX CELL
TO
ARCHITECT
ADDRESS
PHONE FAX CELL
DESCRIPTION
CONTRACTOR RECOMMENDATION
COSTIMPACT
NAME DATE
RESPONSE
NAME DATE
REQUEST FOR INFORMATION 01395-Page 164 of 205
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SECTION 01400
QUALITY CONTROL
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and
Supplementary Conditions, and other Division 1 Specification Sections, apply to
this Section.
1.2 SUMMARY
A. This Section includes administrative and procedural requirements for quality
control services.
B. Quality control services include inspections, tests, and related actions, including
reports performed by Contractor, by independent agencies, and by governing
authorities. They do not include contract enforcement activities performed by
Architect.
C. Inspection and testing services are required to verify compliance with
requirements specified or indicated. These services do not relieve Contractor of
responsibility for compliance with Contract Document requirements.
D. Requirements of this Section relate to customized fabrication and installation
procedures, not production of standard products.
1. Specific quality control requirements for individual construction activities
are specified in the Sections that specify those activities. Requirements
in those Sections may also cover production of standard products.
2. Specified inspections, tests, and related actions do not limit Contractor's
quality control procedures that facilitate compliance with Contract
Document requirements.
3. Requirements for Contractor to provide quality control services required
by Owner, or authorities having jurisdiction are not limited by provisions of
this Section.
E. Related Sections: The following Sections contain requirements that are related
to this Section:
1. Division 1 Section "Cutting and patching" specifies requirements for repair
and restoration of construction disturbed by inspection and testing
activities.
2. Division 1 Section "Submittals: specifies requirements for development of
a schedule of required tests and inspections.
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1.3 RESPONSIBILITIES
A. The contractor shall be responsible to secure, provide, and pay for all
inspections, test, and other quality-control services specified and required by the
contract or governing authorities. Costs for these services are included in the
Contract Sum. Any reference in the Contract Documents, Drawings, Front End
Documents or Technical Specifications indicating the Owner is responsible to
secure and pay for testing shall be disregarded and rendered null and void.
1. Where individual Sections specifically indicate that certain inspections,
tests, and other quality-control services are the Contractor's responsibility,
the Contractor shall employ and pay a qualified independent testing
agency to perform quality-control services. Costs for these services are
included in the Contract Sum.
a. Where the Owner has engaged a testing agency for testing and
inspecting part of the Work, and the Contractor is also required to
engage an entity for the same or related element, the Contractor
shall not employ the entity engaged by the Owner, unless agreed
to in writing by the Owner.
B. Re-testing: The Contractor is responsible for re-testing where results of
inspections, tests, or other quality-control services prove unsatisfactory and
indicate noncompliance with Contract Document requirements, regardless of
whether the original test was Contractor's responsibility.
1. The cost of re-testing construction, revised or replaced by the Contractor,
is the Contractor's responsibility where required tests performed on
original construction indicated noncompliance with Contract Document
requirements.
C. Associated Services: Cooperate with agencies performing required inspections,
tests, and similar services, and provide reasonable auxiliary services as
requested. Notify the agency sufficiently in advance of operations to permit
assignment of personnel. Auxiliary services required include, but are not limited
to, the following:
1. Provide access to the Work.
2. Furnish incidental labor and facilities necessary to facilitate inspections
and tests.
3. Take adequate quantities of representative samples of materials that
require testing or assist the agency in taking samples.
4. Provide facilities for storage and curing of test samples.
5. Deliver samples to testing laboratories.
6. Provide the agency with a preliminary design mix proposed for use for
materials mixes that require control by the testing agency.
7. Provide security and protection of samples and test equipment at the
Project Site.
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D. Duties of the Testing Agency: The independent agency engaged to perform
inspections, sampling, and testing of materials and construction specified in
individual Sections shall cooperate with the Architect and the Contractor in
performance of the agency's duties. The testing agency shall provide qualified
personnel to perform required inspections and tests.
1. The agency shall notify AMEC/Engineer, the Sustainability Manager and
the Contractor promptly of irregularities or deficiencies observed in the
Work during performance of its services.
2. The agency is not authorized to release, revoke, alter, or enlarge
requirements of the Contract Documents or approve or accept any portion
of the Work.
3. The agency shall not perform any duties of the Contractor.
1.4 SUBMITTALS
A. Unless the Contractor is responsible for this service, the independent testing
agency shall submit a certified written report, in duplicate, of each inspection,
test, or similar service to AMEC/Engineer and Sustainability Manager. If the
Contractor is responsible for the service, submit a certified written report, in
duplicate, of each inspection, test, or similar service through the Contractor.
1. Submit additional copies of each written report directly to the governing
authority, when the authority so directs.
2. Report Data: Written reports of each inspection, test, or similar service
include, but are not limited to, the following:
a. Date of issue.
b. Project title and number.
C. Name, address, and telephone number of testing agency.
d. Dates and locations of samples and tests or inspections.
e. Names of individuals making the inspection or test.
f. Designation of the Work and test method.
g. Identification of product and Specification Section.
h. Complete inspection or test data.
I. Test results and an interpretation of test results.
j. Ambient conditions at the time of sample taking and testing.
k. Comments or professional opinion on whether inspected or tested
Work complies with Contract Document requirements.
I. Name and signature of laboratory inspector.
M. Recommendation on re-testing.
1.5 QUALITY ASSURANCE
A. Qualifications for Service Agencies: Engage inspection and testing service
agencies, including independent testing laboratories, that are pre-qualified as
complying with the American Council of Independent Laboratories"
Recommended Requirements for Independent Laboratory Qualification" and that
specialize in the types of inspections and tests to be performed.
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1. Each independent inspection and testing agency engaged on the Project
shall be authorized by authorities having jurisdiction to operate in the
state where the Project is located.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.1 REPAIR AND PROTECTION
A. General: Upon completion of inspection, testing, sample taking and similar
services, repair damaged construction and restore substrates and finishes.
Comply with Contract Document requirements for Division 1 Section "Cutting and
Patching".
B. Protect construction exposed by or for quality-control service activities, and
protect repaired construction.
C. Repair and protection is Contractor's responsibility, regardless of the assignment
of responsibility for inspection, testing, or similar services.
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SECTION 01410 TESTING LABORATORY SERVICES
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Selection and payment
2. The Contractor submittals
3. Testing laboratory responsibilities
4. Testing laboratory reports
5. Limits on testing laboratory authority
6. The Contractor responsibilities
7. Schedule of inspections and tests
B. Section Includes:
1. Section 00750 - GENERAL CONDITIONS
2. Section 01700 - CONTRACT CLOSEOUT
3. Section 01800 - SOIL BORING DATA
4. Individual Specification Sections: inspections and tests required, and
standards for testing.
1.2 SELECTION AND PAYMENT
A. The Contractor shall be responsible to secure and pay for all testing services of a
qualified independent testing laboratory to perform specified inspections and
testing as indicated in Technical Specification Sections and as required by the
contract or any governing authorities. Any reference in the Contract Documents,
Drawings, Front End Documents or Technical Specification indicating the Owner
is responsible to secure and pay for testing shall be disregarded and rendered
null and void.
B. Employment of testing laboratory shall in no way relieve the Contractor of obligation
to perform the Work in accordance with requirements of the Contract Documents.
1.3 QUALITY ASSURANCE
A. Testing laboratory: authorized to operate in the State of Florida.
B. Testing laboratory staff: maintain a full time registered Engineer on staff to
review services.
C. Testing Equipment: calibrated at reasonable intervals with devices of accuracy
traceable to either National Bureau of Standards (NBS) standards or accepted
values of natural physical constants.
D. Meet "Recommended Requirements for Independent Laboratory Qualification,"
published by American Council of Independent Laboratories.
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1.4 TESTING LABORATORY RESPONSIBILITIES
A. Test samples of mixes.
B. Provide qualified personnel at the Site. Cooperate with AMEC/Engineer and the
Contractor in performance of services.
C. Perform specified inspection, sampling, and testing of products in accordance
with specified standards.
D. Ascertain compliance of materials and mixes with requirements of the Contract
Documents.
E. Promptly notify AMEC/Engineer and the Contractor of observed irregularities or
non-conformance of the Work or products.
F. Perform additional inspections and tests required by the AMEC/Engineer.
1.5 TESTING LABORATORY REPORTS
A. After each inspection and test, promptly submit copies of testing laboratory report
to AMEC/Engineer and Contractor.
B. Include:
1. Date issued
2. Project title and number
3. Name of inspector
4. Date and time of sampling or inspection
5. Identification of product and Specifications Section
6. Location in the Project
7. Type of inspection or test
8. Date of test
9. Results of test
10. Conformance with the Contract Documents
C. When requested by AMEC/Engineer, provide interpretation of test results.
1.6 LIMITS ON TESTING LABORATORY AUTHORITY
A. The testing laboratory may not release, revoke, alter, or enlarge on requirements
of the Contract Documents.
B. The testing laboratory may not approve or accept any portion of the Work.
C. The testing laboratory may not assume any duties of the Contractor.
D. The testing laboratory has no authority to stop the Work.
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1.7 THE CONTRACTOR RESPONSIBILITIES
A. Deliver to the testing laboratory at designated location, adequate samples of
materials proposed to be used which require testing, along with proposed mix
designs.
B. Cooperate with testing laboratory personnel, and provide access to the Work and
to the manufacturer's facilities.
C. Provide incidental labor and facilities to provide access to the Work to be tested,
to obtain and handle samples at the Site or at source of products to be tested, to
facilitate tests and inspections, storage and curing of test samples.
D. Notify AMEC/Engineer and the testing laboratory 24 hours prior to expected time
for operations requiring inspection and testing services.
E. Employ services of a separate qualified testing laboratory and pay for additional
samples and tests which are beyond the specified requirements.
1.8 RETEST RESPONSIBILITY
A. Where the results of required inspections, tests, or similar services prove
unsatisfactory and do not indicate compliance with the requirements of the Contract
Documents, the cost for any re-tests shall be the responsibility of the Contractor.
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SECTION 01421
REFERENCE STANDARDS AND DEFINITIONS
PART 1 — GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of Contract, including General and
Supplementary Conditions and other Division 1 Specifications Sections, apply to
this Section.
1.2 DEFINITIONS
A. General: Basic Contract definitions are included in the conditions of this
Contract.
B. Indicated: The term "indicated" refers to graphic representations, notes or
schedules on the Drawings, or other Paragraphs or Schedules in the
Specifications, and similar requirements in the Contract Documents. Where
terms such as "shown", "noted", "scheduled", and "specified" are used, it is to
help the reader locate the reference; no limitation on location is intended.
C. Directed: Terms such as "directed", "requested", "authorized", "selected",
"approved", "required", and "permitted" mean "directed by AMEC/Engineer",
"requested by AMEC/Engineer", and similar phrases.
D. Approve: The term "approved", where used in conjunction with
AMEC/Engineer's action on the Contractor's submittals, applications, and
requests, is limited to AMEC/Engineer's duties and responsibilities as stated in
the Conditions of the Contract.
E. Regulation: The term "regulations" includes laws, ordinances, statutes, and
lawful orders issued by authorities having jurisdiction, as well as rules,
conventions, and agreements within the construction industry that control
performance of the Work.
F. Furnish: The term "furnish" is used to mean "supply and deliver to the Project
site, ready for unloading, unpacking, assembly, installation, and similar
operations."
G. Install: The term "install" is used to describe operations at project site including
the actual "unloading, unpacking, assembly, erection, placing, anchoring,
applying, working to dimension, finishing, curing, protecting, cleaning, and similar
operations."
H. Provide: The term "provide" means "to furnish and install, complete and ready
for the intended use."
I. Installer: An "Installer" is the Contractor or an entity engaged by the Contractor,
either as an employee, subcontractor, or contractor of lower tier for performance
of a particular construction activity, including installation, erection, application,
and similar operations. Installers are required to be experienced in the
operations they are engaged to perform.
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1. The term "experienced", when used with the term "Installer", means
having a minimum of five previous projects similar in size and scope to
this Project, being familiar with the special requirements indicated, and
having complied with requirements of the authority having jurisdiction.
2. Trades: Use of titles such as "carpentry" is not intended to imply that
certain construction activities must be performed by accredited or
unionized individuals of a corresponding generic name, such as
"carpenter". It also does not imply that requirements specified apply
exclusively to tradespersons of the corresponding general name.
3. Assignment of Specialists: Certain Sections of the Specifications require
that specific construction activities shall be performed by specialists who
are recognized experts in the operations to be performed. The specialists
must be engaged for those activities, and assignments are requirements
over which the Contractor has no choice or option. Nevertheless, the
ultimate responsibility for fulfilling Contract requirements remains with the
Contractor.
a. This requirement shall not be interpreted to conflict with
enforcement of building codes and similar regulations governing
the Work. It is also not intended to interfere with local trade union
jurisdictional settlements and similar conventions.
J. Project Site is the space available to the contractor for performance of
construction activities, either exclusively or in conjunction with others performing
other work as part of the Project. The extent of the Project site is shown on the
Drawings and may or may not be identical with the description of the land on
which the Project is to be built.
K. Testing Laboratories: A "testing laboratory" is an independent entity engaged to
perform specific inspections or tests, either at the Project Site or elsewhere, and
to report on and, if required, to interpret results of those inspection or tests.
1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION
A. Specification Format: These Specifications are organized into Divisions and
Sections based on the Construction Specifications Institute's 16-Division format
and MASTER FORMAT numbering system.
B. Specification Content: This specification uses certain conventions in the use of
language and the intended meaning of certain terms, words, and phrases when
used in particular situations or circumstances. These conventions are explained
as follows:
1. Abbreviated Language: Language used in Specifications and other
Contract Documents is the abbreviated type. Words and meanings shall
be interpreted as appropriate. Words that are implied, but not stated shall
be interpolated as the sense required. Singular words will be interpreted
as plural and plural words interpreted as singular where applicable and
the context of the Contract Documents so indicates.
2. Imperative and streamlined language is used generally in the
Specifications. Requirements expressed in the imperative mood are to
be performed by the Contractor. At certain locations in the text, for clarity,
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subjective language is used to describe responsibilities that must be
fulfilled indirectly by the Contractor, or by others when so noted.
a. The words "shall be" shall be included by inference wherever a
colon (:) is used within a sentence or phrase.
1.4 INDUSTRY STANDARDS
A. Applicability of Standards: Except where the Contract Documents include more
stringent requirements, applicable construction industry standards have the same
force and effect as if bound or copied directly into the Contract Documents to the
extent referenced. Such standards are made a part of the Contract Documents
by reference.
B. Publication Dates: Comply with the standard in effect as of the date of the
Contract Documents.
C. Conflicting Requirements: Where compliance with two or more standards is
specified, and the standards may establish different or conflicting requirements
for minimum quantities or quality levels. Refer requirements that are different,
but apparently equal, and uncertainties to Sustainability Manager for a decision
before proceeding.
1. Minimum Quantity or Quality Levels: The quantity or quality level shown
or specified shall be the minimum provided or performed. The actual
installation may comply exactly with the minimum quantity or quality
specified, or it may exceed the minimum within reasonable limits. In
complying with these requirements, indicated numeric values are
minimum or maximum, as appropriate for the context of the requirements.
Refer uncertainties to AMEC/Engineer for a decision before proceeding.
D. Copies of Standards: Each entity engaged in construction on the Project is
required to be familiar with industry standards applicable to that entity's
construction activity. Copies of applicable standards are not bound with the
Contract Documents.
1. Where copies of standards are needed for performance of a required
construction activity, the Contractor shall obtain copies directly from the
publications source.
E. Abbreviations and Names: Trade association names and titles of general
standards are frequently abbreviated. Where such acronyms or abbreviations
are used in the Specifications or other Contract Documents, they mean the
recognized name of the trade association, standards generating organization,
authority having jurisdiction, or other entity applicable to the context of the text
provision. Refer to the "Encyclopedia of Associations", published by Gale
Research Co., available in most libraries.
F. Abbreviations and Names:
Trade association names and titles of general standards are frequently
abbreviated. The following abbreviations and acronyms, as referenced in the
Contract Documents, mean the associated names. Names and addresses are
subject to change and are believed, but are not assured, to be accurate and up-
to-date as of the date of the Contract Documents.
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AA Aluminum Association
AABC Associated Air Balance Council
AAMA American Architectural Manufacturers
AAN American Association of Nurserymen
(See ANLA)
AASHTO American Association of State Highway and Transportation Officials
ACI American Concrete Institute
ACPA America Concrete Pipe Association
AHA American Hardboard Association
Al Asphalt Institute
AIA the American Institute of Architects
AISC American Institute of Steel Construction
AITC American Institute of Timber Construction
ALA American Laminators Association
ALSC American Lumber Standards Committee
AMCA Air Movement and Control Association International, Inc.
ANLA American Nursery and Landscape Association
ANSI American National Standards Institute
APA APA-The Engineering Wood Association
(Formerly: American Plywood Association)
APA Architectural Precast Association
ARMA Asphalt Roofing Manufacturers Association
ASA Acoustical Society of America
ASC Adhesive and Sealant Council
ASHRAE American Society of Heating, Refrigerating and Air
Conditioning Engineers
ASME American Society of Mechanical Engineers
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ASPA American Sod Producers Association
(See TPI)
ASTM American Society for Testing and Materials
AWI Architectural Woodwork Institute
AWPA American Wood Preservers' Association
AWS American Welding Society
BHMA Builders Hardware Manufacturers Association
BIA Brick Institute of America
EIMA EIFS Industry Members Association
EJMA Expansion Joint Manufacturers Association
FM Factory Mutual System
GA Gypsum Association
GANA Glass Association of North America
(Formerly: Flat Glass Marketing Association)
HMA Hardwood Manufacturers Association
(Formerly: Southern Hardwood Lumber Manufacturers Association)
HPVA Hardwood Plywood and Veneer Association
MFMA Maple Flooring Manufacturers Association
NAAMM National Association of Architectural Metal Manufacturers
NECA National Electrical Contractors Associations
NEI National Elevator Industry
NELMA Northeastern Lumber Manufacturers Association
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
NHLA National Hardwood Lumber Association
NLGA National Lumber Grades Authority
NOFMA National Oak Flooring Manufacturers Association
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NWWDA National Wood Window and Door Association
(Formerly: National Woodwork Manufacturers Association)
PCA Portland Cement Association
PCI Precast/Prestressed Concrete Institute
RFCI Resilient Floor Covering Institute
SDI Steel Door Institute
SGCC Safety Glazing Certification Council
SIGMA Sealed Insulating Glass Manufacturing Association
SMACNA Sheet Metal and Air Conditioning Contractor's National
Association, Inc.
SPIB Southern Pine Inspection Bureau
SPRI SPRI (Formerly: Single Ply Roofing Institute)
SWRI Sealant, Waterproofing and Restoration Institute
TCA Tile Council of America
UL Underwriters Laboratories, Inc.
WCLIB West Coast Lumber Inspection
WIC Woodwork Institute of California
WWPA Western Wood Products Association
G. Federal Government Agencies: Names and titles of Federal Government standards-or
specification-producing agencies are often abbreviated. The following abbreviations and
acronyms referenced in the Contract Documents indicate names of standards-or
specification-producing agencies of the Federal Government. Names and addresses
are subject to change and are believed, but are not assured, to be accurate and up-to-
date as of the date of the Contract Documents.
OSHA Occupational Safety and Health Administration
(U.S. Department of Labor)
200 Constitution Ave., NW
Washington, DC 20210
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SECTION 01500
TEMPORARY FACILITIES
PART 1 — GENERAL
1.1 DESCRIPTION
A. Work included: Provide temporary facilities needed for the Work including, but
not necessarily limited to:
1. Temporary utilities such as water, electricity, and telephone.
2. Field office for the Contractor's personnel.
3. Sanitary facilities.
4. Enclosures such as tarpaulins, barricades, and canopies.
5. Temporary fencing of the construction site as required for public and
employee safety.
6. Project sign.
B. Related Work:
1. Documents affecting work of this Section include, but are not necessarily
limited to Supplementary Conditions, and Sections in Division 1 of these
Specifications.
1.2 PRODUCT HANDLING
A. Maintain temporary facilities and controls in proper and safe condition throughout
progress of the Work.
PART 2 - PRODUCTS
2.1 FIELD OFFICES AND SHEDS
A. Contractor's facilities:
1. 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. The Contractor's office need not
be located at the project site but must be located in the Upper Keys area.
B. Sanitary facilities:
1. Provide temporary sanitary facilities in the quantity required for use by all
personnel.
2. Maintain in a sanitary condition at all times.
2.2 ENCLOSURES
A. Provide and maintain for the duration of construction all scaffolds, tarpaulins,
canopies, warning signs, steps, platforms, bridges, and other temporary
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construction necessary for proper completion of the Work in compliance with
pertinent safety and other regulations.
B. Upon completion of the Work, remove job signs.
C. Except as otherwise specifically approved by the Owner, do not permit other
signs or advertising on the job site.
2.3 TEMPORARY FENCING
A. Provide and maintain for the duration of construction a temporary fence or
barricade of design and type needed to prevent entry onto the Work by the
public.
2.4 PROJECT SIGNS:
A. Prior to start of construction, mount a project sign on a 4'x8' sheet of plywood.
Securely fasten the sign to the building or posts set in the ground as approved by
Sustainability Manager. A design provided by, or approved by Sustainability
Manager will include, but not necessarily be limited to: the project name; the
Owner's name; major tenant's names; the Contractor's name, address, and
telephone number, and the Architect's name, address, and telephone number.
PART 3— EXECUTION
3.1 MAINTENANCE AND REMOVAL
A. Maintain temporary facilities and controls as long as needed for safe and proper
completion of the Work.
B. Remove such temporary facilities, to include existing mobile home, and controls
as rapidly as progress of the Work will permit, or as directed by the Owner.
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SECTION 01520
CONSTRUCTION AIDS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Construction aids
2. Temporary enclosures
1.2 REQUIREMENTS OF REGULATORY AGENCIES
B. Comply with Federal, State and local codes and regulations.
PART 2 - PRODUCTS
2.1 MATERIALS - GENERAL
A. Materials may be new or used, suitable for the intended use and shall not violate
requirements of applicable codes and standards.
2.2 CONSTRUCTION AIDS
A. The Contractor shall be responsible for furnishing, installing, maintaining, and
removing on completion of the Work all scaffolds, staging, ladders, stairs, ramps,
runways, platforms, railings, chutes, and other such facilities and equipment
required by his personnel to insure their safety and facilitate the execution of the
Work.
1. The Contractor shall comply with all Federal, State and local codes, laws
and regulations governing such construction aids.
2. The Contractor shall relocate such construction aids as required by the
progress of construction, by storage or work requirements, and to
accommodate the legitimate requirements of the Owner or
AMEC/Engineer or other separate contractors employed at the site.
3. The Contractor shall completely remove temporary scaffolds, access,
platforms, and other such materials, facilities, and equipment, at the
completion of the Work or when construction needs can be met by the
use of the permanent construction, provided AMEC/Engineer has
approved and authorized such use. The Contractor shall clean up and
shall repair any damage caused by the installation or by the use of such
temporary construction aids. The Contractor shall restore any permanent
facilities used for temporary purposes to their specified condition.
The foregoing obligations of the Contractor are in addition to his obligations under Article
10 of the General Conditions.
2.3 TEMPORARY ENCLOSURES
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A. The Contractor shall be responsible for installing the permanent closure in an
opening in an exterior wall and shall be responsible for installing, maintaining,
and removing, as the Work progresses, a temporary weather-tight enclosure for
that opening as necessary to provide acceptable working conditions, to provide
weather protection for interior materials, to allow for effective temporary heating
and/or cooling, and to prevent entry of unauthorized persons.
1. The Contractor shall install such temporary enclosures as soon as is
practical after the opening is constructed or as directed by
AMEC/Engineer.
2. Temporary enclosures shall be removable as necessary for the Work and
for handling of materials.
3. Temporary enclosures shall be completely removed when construction
needs can be met by the use of the permanent closures.
4. The Contractor responsible for providing, maintaining, and removing the
temporary enclosure shall clean and shall repair any damage caused by
the installation of such enclosure.
5. The Contractor shall remain responsible for insuring that his work,
material, equipment, supplies, tools, machinery, and construction
equipment is adequately protected from damage or theft and shall
provide, maintain and remove such additional temporary enclosures as
may be deemed necessary.
The foregoing obligations of the Contractor are in addition to his obligations under Article
10 of the General Conditions.
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SECTION 01550
ACCESS ROADS AND PARKING AREAS
A. The Contractor shall be responsible for installing and maintaining, until the
completion of his Work any temporary access roads or parking facilities required
by his Work, other than that which has been provided or required by the Owner.
The Contractor shall remove temporary access roads and parking facilities and
restore the areas to original or required grades.
B. Any Contractor excavating across an access road or parking area shall back-fill
and compact his excavation and resurface the road or parking area to match the
existing surface. The Contractor shall comply with all applicable Specifications
when so doing.
END SECTION 01550
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SECTION 01560
TEMPORARY CONTROLS
PART 1 - GENERAL
1.1 SUMMARY OF WORK BY THE CONTRACTOR
A. Section Includes:
1. Water control
2. Dust control
3. Erosion and sediment control
4. Pollution control
B. Related sections:
1. SCOPES OF WORK
1.2 WATER CONTROL
A. 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.
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.
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.
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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 SECTION 01560
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SECTION 01590
FIELD OFFICES AND SHEDS
A. The Contractor shall furnish, install, and maintain a temporary field office if
required by Sustainability Manager and AMEC/Engineer for his use, the use of
his employees, and the use AMEC/Engineer during the construction period. The
location of the Field Office shall be determined by Sustainability Manager and
AMEC/Engineer.
B. The Contractor shall furnish, install, and maintain temporary storage and work
sheds to adequately protect his work, materials, equipment, supplies, tools,
machinery, and construction equipment from damage and theft.
C. The Contractor shall arrange his field office and sheds so as not to interfere with
the construction. The locations of field offices and sheds shall be coordinated
with Sustainability Manager and AMEC/Engineer. The type, size and location of
field offices and sheds are subject to approval by Sustainability Manager and
AMEC/Engineer ..
D. The Contractor shall arrange and pay for temporary electricity and telephone
service for his field office and sheds, if he should require such services.
E. The Contractor shall relocate his field office and sheds as directed by
Sustainability Manager, at no additional cost to the Owner.
F. The Contractor shall remove his field office and sheds on completion of the Work
or when directed by Sustainability Manager and AMEC/Engineer. The
Contractor shall remove all debris and rubbish and shall leave the area in a clean
and orderly condition.
END SECTION 01590
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SECTION 01595
CONSTRUCTION CLEANING
PART 1 - GENERAL
1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR
A. Section includes:
1. 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.
2. Do not dispose of volatile wastes such as mineral spirits, oil or paint
thinner in storm or sanitary drains.
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.
B. Use only those cleaning materials and methods recommended by manufacturer
of the surface material to be cleaned.
C. Use cleaning materials only on surfaces recommended by cleaning material
manufacturer.
D. Sweeping compounds used in cleaning operations shall leave no residue on
concrete floor surfaces that may affect installation of finish flooring materials.
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 site at a state permitted
disposal site.
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D. Trash containers shall be provided by Contractor and located in trash
accumulation areas designated by AMEC/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 also to be removed
by the contractor. Paper, boxes and bulk packaging shall be folded or cut into
reasonable sizes and shapes as appropriate and confined to 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
AMEC/Engineer. Contractor shall use properly licensed solid waste hauling
vendors, licensed to operate in Monroe County.
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SECTION 01600
MATERIAL AND EQUIPMENT
PART 1 - GENERAL
1.1 SUMMARY OF WORK PERFORMED BY THE CONTRACTOR
A. Section includes:
1. Products
2. Transportation and handling
3. Storage and protection
4. Security
1.2 PRODUCTS
A. Products: means new material, machinery, components, equipment, fixtures,
and systems forming the Work. Products do not include machinery and
equipment used for preparation, fabrication, conveying and erection of the Work.
Products may also include existing materials or components required for reuse.
B. Do not use materials and equipment removed from existing premises, except as
specifically permitted by the Contract Documents.
C. Provide interchangeable components of the same manufacturer, for similar
components.
1.3 TRANSPORTATION AND HANDLING
A. The Contractor shall be responsible for the transportation of all materials and
equipment furnished under this contract. Unless otherwise noted, the Contractor
shall also be responsible for loading, receiving and off-loading at the site all
material and equipment installed under this Contract, whether furnished by the
Contractor or the Owner. The Contractor shall be responsible for coordinating
the installation within the buildings of equipment that is too large to pass through
finished openings.
B. Transport and handle products in accordance with manufacturer's instructions.
C. Promptly inspect shipments to assure that products comply with requirements,
quantities are correct, and products are undamaged.
D. Provide equipment and personnel to handle products by methods to prevent
soiling, disfigurement, or damage.
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1.4 STORAGE AND PROTECTION
The Contractor shall be responsible for the proper storage of all materials,
supplies, and equipment to be installed under this Contract. Materials stored on
site but not adequately protected will not be included in estimates for payment.
Except for materials stored within designated and approved storage sheds, vans,
or trailers, the Contractor shall not bring onto nor store in any manner at the site
any materials and equipment which will not be incorporated into the permanent
Work within seven (7) days from the delivery date. The Contractor shall be
responsible for arranging and paying for the use of property off the site for
storage of materials and equipment as may be required.
1.5 SECURITY
A. The Contractor shall be totally responsible for the security of his work, materials,
equipment, supplies, tools, machinery, and construction equipment.
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SECTION 01630
POST-CONTRACT SUBSTITUTIONS
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Post-proposal substitutions
1.2 SUBSTITUTIONS
A. Base Proposal shall be in accordance with the Contract Documents.
B. After the end of the proposal period, substitution requests, from the successful
Proposer, 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. 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.
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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 Proposer.
2. Acceptance will require substantial revision of Contract Documents.
3. In judgment of AMEC/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
AMEC/Engineer.
F. AMEC/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.
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.
b. Sustainability Manager's costs for redesign or revision of Contract
Documents.
1.4 POST-PROPOSAL 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.
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POST-PROPOSAL SUBSTITUTION FORM
TO: AMEC/Engineer
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 Drawings and/or Specifications which proposed
substitution will require for its proper installation.
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
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 Architect/Engineer: For use by the Owner/Prof. Mgmt.:
Recommended Recommended as noted Approved
Not Recommended Received too late Not Approved
Insufficient data received Approved as noted
By: By:
Date: Date:
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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:
H. This substitution will amount to a credit or extra cost to the Owner of:
dollars ($ ).
I. Designation of maintenance services and sources:
(Attach additional sheets if required.)
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SECTION 01640
PRODUCT HANDLING
PART I--GENERAL
1.1 DESCRIPTION: THE CONTRACTOR SHALL BE RESPONSIBLE FOR
A. Work included. Protect products scheduled for use in the Work by means
including, but not necessarily limited to, those described in this Section.
B. Related work:
1. Documents affecting work of this Section include, but are not
necessarily limited to, General Conditions, Supplementary
Conditions, and Sections in Division of these Technical Special
Provisions.
2. Additional procedures also may be prescribed in other Sections of
these Technical Special Provisions.
1.2 QUALITY ASSURANCE
A. Include within the Contractor's quality assurance program such
procedures as are required to assure full protection of work and materials.
1.3 MANUFACTURERS' RECOMMENDATIONS
A. Except as otherwise approved by Sustainability Manager, determine and
comply with manufacturers' recommendations on product handling,
storage, and protection.
1.4 PACKAGING
A. Deliver products to the job site in their manufacturer's original container,
with labels intact and legible.
1. Maintain packaged materials with seals unbroken and labels intact
until time of use.
2. Promptly remove damaged material and unsuitable items from the
job site, and promptly replace with material meeting the specified
requirements, at no additional cost to the Owner.
B. AMEC/Engineer may reject as non-complying such material and products
that do not bear identification satisfactory to AMEC/Engineer as to
manufacturer, grade, quality, and other pertinent information.
1.5 PROTECTION
A. Protect finished surfaces through which equipment and materials are
handled.
PRODUCT HANDLING 01640-Page 194 of 205
CANAL BACKFILLING,WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON
COVE, KEY LARGO, MONROE COUNTY, FL
B. Provide protection for finished floor surfaces in traffic area prior to
allowing equipment or materials to be moved over such surfaces.
C. Maintain finished surfaces clean, unmarred, and suitably protected until
accepted by the Owner.
1.6 REPAIRS AND REPLACEMENTS
A. In event of damage, promptly make replacements and repairs to the
approval of AMEC/Engineer and at no additional cost to the Owner.
B. Additional time required to secure replacements and to make repairs will
not be considered by AMEC/Engineer and Sustainability Manager to
justify an extension in Contract Time of Completion.
PRODUCT HANDLING 01640-Page 195 of 205
CANAL BACKFILLING,WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON
COVE, KEY LARGO, MONROE COUNTY, FL
SECTION 01700
CONTRACT CLOSEOUT
PART 1 — GENERAL
1.1 PROJECT TERMINATION
A. The Contract requirements are met when construction activities have
successfully produced, in this order, these three terminal activities:
1. Substantial Completion
2. Final Completion
3. Final Payment
1.2 NOTICE OF SUBSTANTIAL COMPLETION
A. Contractor shall submit to AMEC/Engineer when work is substantially
complete:
1. A written notice that the Work, or designated portion thereof, is
substantially complete.
2. Request Substantial Completion Observation at a mutually
agreeable date.
3. Certifications of systems and testing/balancing final reports.
4. Submit evidence of compliance with requirements of governing
authorities:
a. Certificate of Occupancy (or Completion)
b. Certificates of Inspection as applicable:
1) Electrical systems if required by Code
B. Within a reasonable time after receipt of such notice, the Owner and the
Contractor will make an observation to determine the status of
completion.
C. Should the Owner determine that the work is not substantially complete,
the following will occur:
1. The Owner will promptly notify the Contractor in writing, giving the
reasons.
2. The Contractor shall remedy the deficiencies in the Work, and
send a second written notice of substantial completion to the
Owner.
3. The Owner will re-observe the Work.
D. When the Owner concurs that the Work is substantially complete, the
following will occur:
1. AMEC/Engineer will prepare a Certificate of Substantial
Completion accompanied by the Punch List of items to be
completed or corrected, as verified and amended by Sustainability
Manager. Contract responsibilities are not altered by inclusion or
omission of required Work from the punch list.
CONTRACT CLOSEOUT 01700-Page 196 of 205
CANAL BACKFILLING,WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON
COVE, KEY LARGO, MONROE COUNTY, FL
2. The Owner will submit the certificate to the contractor for written
acceptance of the responsibilities assigned to them in the
certificate.
E. Contractor shall complete or correct items identified on the punch list and
required by the Contract requirements within time limit established by the
certificate.
1.3 FINAL COMPLETION
A. To attain final completion, the Contractor shall complete activities
pertaining to substantial completion, complete Work on punch list items
and submit written request to the Owner for final inspection within thirty
(30) calendar days of date of substantial completion.
B. When the Work is complete, the Contractor shall submit written
certification that:
1. The Contract Documents have been reviewed.
2. Work has been inspected for compliance with the Contract
Documents.
3. Work has been completed in accordance with the Contract
Documents.
4. Equipment and systems have been tested in the presence of the
Owner's representative and are operational.
5. Work is completed and ready for final observation.
C. The Owner and the Contractor will make an inspection to verify the status
of completion with reasonable promptness after receipt of such
certification.
D. Should the Owner consider that the Work is incomplete or defective:
1. The Owner will promptly notify the Contractor in writing, listing the
incomplete or defective work.
2. The Contractor shall take immediate steps to remedy the stated
deficiencies and send a second written certification to the Owner
that the Work is complete.
3. The Owner will re-inspect the Work.
E. When the Work is acceptable under the Contract Documents as
determined by the Owner, the Owner will request the Contractor to make
close-out submittals. Warranties & Guarantees for everything will begin
at Substantial Completion.
1.4 THE CONTRACTOR'S CLOSEOUT SUBMITTALS TO THE OWNER
Contractor shall provide two (2) hard copies in tabulated divided binders and one
(1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format
delivered on a downloadable CD/DVD or flash drive of the all the following but
not limited to:
CONTRACT CLOSEOUT 01700-Page 197 of 205
CANAL BACKFILLING,WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON
COVE, KEY LARGO, MONROE COUNTY, FL
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals
G. Evidence of payment and final release of liens and consent of surety to
final release (includes final release from all utilities and utility companies).
1.5 FINAL ADJUSTMENT OF ACCOUNTS
A. Submit a final statement of accounting to the Owner.
B. Statement shall reflect adjustments to the Contract Sum:
1. The original Contract Sum
2. Additions and deductions resulting from:
a. Previous Change Orders
b. Allowances
C. Deductions for uncorrected Work
d. Deductions for Liquidated Damages
e. Deductions for Re-inspection Payments
f. Other Adjustments
C. The Owner will prepare a final Change Order, reflecting adjustments to
the Contract Sum which were not previously made by Change Orders.
1.6 FINAL APPLICATION FOR PAYMENT
A. The Contractor shall submit the final Application for Payment in
accordance with procedures and requirements stated in the Conditions of
the Contract.
CONTRACT CLOSEOUT 01700-Page 198 of 205
CANAL BACKFILLING,WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON
COVE, KEY LARGO, MONROE COUNTY, FL
SECTION 01710
FINAL CLEANING
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes:
1. Contractor's cleaning at completion 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 the Project
Site.
2. Do not dispose of volatile wastes such as mineral spirits, oil or
paint thinner in storm or sanitary drains.
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.
B. Use only those cleaning materials and methods recommended by
manufacturer on the surface material to be cleaned.
C. Use cleaning materials only on surfaces recommended by cleaning
material manufacturer.
PART 3 - EXECUTION
3.1 DUST CONTROL
A. Handle materials in a controlled manner with as little handling as
possible.
3.2 FINAL CLEANING
A. Employ skilled workmen for final cleaning.
B. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels,
and other foreign materials from sight-exposed interior and exterior
surfaces.
C. Polish glossy surfaces to a clear shine.
FINAL CLEANING 01710-Page 199 of 205
CANAL BACKFILLING,WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON
COVE, KEY LARGO, MONROE COUNTY, FL
D. Broom clean exterior paved surfaces; rake clean other surfaces of the
grounds.
E. Prior to final completion, or the Owner occupancy, conduct an inspection
of sight-exposed interior surfaces, exterior surfaces and work areas, to
verify that the entire Work is clean.
F. Clean tunnels and closed off spaces of packing boxes, wood frame
members and other waste materials used in the Construction.
G. Remove temporary labels and stickers from fixtures and equipment. Do
not remove permanent name plates, equipment model numbers and
ratings.
H. Remove from the Site all items installed or used for temporary purposes
during construction.
I. Restore all adjoining areas to their original or specified condition.
FINAL CLEANING 01710-Page 200 of 205
CANAL BACKFILLING,WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON
COVE, KEY LARGO, MONROE COUNTY, FL
SECTION 01720
PROJECT RECORD DOCUMENTS
PART 1 - GENERAL
1.1 SUMMARY
A. Contractor shall:
1.Maintain at the job site one copy of:
a. Record Contract Drawings
b. Record Project Manual
C. Coordination drawings
d. Addenda
e. Reviewed shop drawings
f. Change Orders
g. Other modifications to the Contract
h. Field test records
1.2 GENERAL
A. Store documents in cabinets in temporary field office, apart from
documents used for construction.
B. Maintain documents in clean, dry, legible condition.
C. Do not use Project Record Documents for construction purposes.
D. Make documents available for inspection by AMEC/Engineer.
E. Failure to maintain documents up-to-date will be cause for withholding
payments.
F. Obtain from Sustainability Manager (at no charge) two sets of the
Contract Documents for Project Record Documents including:
1. Specifications with all addenda.
2. Two complete sets of black-line prints of all Drawings.
1.3 RECORDING
A. Label each document "Project Record".
B. Keep record documents current.
C. Do not permanently conceal any work until required information has been
recorded.
D. Contract Drawings:
PROJECT RECORD DOCUMENTS 01720-Page 201 of 205
CANAL BACKFILLING,WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON
COVE, KEY LARGO, MONROE COUNTY, FL
1. Required information may, as an option, be entered on a "working
set" and then at completion of Project transfer the information to
final submitted "Project Record" set.
2. Legibly mark to record actual construction:
a. Depths of various elements of foundation in relation to
survey data.
b. Horizontal and vertical location of underground utilities and
appurtenances referenced to permanent surface
improvements.
C. Location of internal utilities and appurtenances concealed
in construction referenced to visible and accessible
features of structure.
d. Field changes of dimension and detail.
e. Changes made by Change Order or Construction Change
Directive.
f. Details not on original Contract Drawings.
E. Specifications and Addenda:
1. Legibly mark up each Section to record:
a. Manufacturer, trade name, catalog number and supplier of
each product and item of equipment actually installed.
b. Changes made by Change Order or Construction Change
Directive.
C. Other items not originally specified.
F. Conversion of schematic layouts:
1. Arrangement of conduits, circuits, piping, ducts and similar items
are in most cases shown schematically on the Drawings.
2. Legibly mark to record actual construction:
a. Dimensions accurate to within V on the centerline of items
shown schematically.
b. Identify each item, for example, "cast iron drain"
"galvanized water".
C. Identify location of each item, for example, "under slab", "in
ceiling plenum", "exposed".
3. AMEC/Engineer may waive requirements of schematic layout
conversion, when in his opinion, it serves no beneficial purpose.
Do not, however, rely on waivers being issued except when
specifically issued by AMEC/Engineer in writing.
1.4 SUBMITTAL
A. At completion of Project, deliver Project Record Documents to
AMEC/Engineer prior to request for final payment.
PROJECT RECORD DOCUMENTS 01720-Page 202 of 205
CANAL BACKFILLING,WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON
COVE, KEY LARGO, MONROE COUNTY, FL
B. Accompany submittal with transmittal letter, in duplicate, containing:
1. Date
2. Project title and Project number
3. The Contractor's name and address
4. Title and number of each record document
5. Certification that each document as submitted is complete and
accurate.
6. Signature of the Contractor, or his authorized representative.
PROJECT RECORD DOCUMENTS 01720-Page 203 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
KEY LARGO, MONROE COUNTY, FL
SECTION 01730
OPERATION AND MAINTENANCE DATA
PART 1 — GENERAL - Not Applicable
END SECTION 01730
OPERATION AND MAINTENANCE DATA 01730-Page 204 of 205
CANAL BACKFILLING, WATER QUALITY IMPROVEMENT PROJECT, CANAL#29 SEXTON COVE,
KEY LARGO, MONROE COUNTY, FL
SECTION 01740
WARRANTIES
PART 1 — GENERAL - Not applicable.
END SECTION 01740
WARRANTIES 01740-Page 205 of 205
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Exhibit B Bathymetric Survey File
(See attached Excel file)
EXHIBIT B
1000 302384.2 859367.6 3.44 WALL
1001 302384.1 859357.7 3.59 WALL
1002 302328.3 859358.9 3.55 WALL
1003 302329.2 859405.3 3.55 WALL
1004 302333.8 859411.5 3.52 WALL
1005 302335.8 859472.3 3.45 WALL
2000 302316 860067.4 1.95 WALL CORNER
2001 302315.6 860067.1 -2.49 GND
2002 302315.8 860064.7 -5.19 GND
2003 302315.3 860058.8 -8.31 GND
2004 302315.3 860059 -8.8 GND BOT
2005 302314.6 860053.9 -11.14 GND
2006 302314.9 860053.9 -12.43 GND BOT
2007 302333.8 860051.3 -8.42 GND
2008 302334 860051 -9.85 GND BOT
2009 302343.7 860036.6 1.63 WALL CORNER
2010 302342.4 860036.6 -1.79 GND
2011 302339.8 860036.3 -3.93 GND
2012 302333.6 860037.1 -8.32 GND BOT
2013 302316.5 860030 -14.32 GND
2014 302316 860029.8 -18.53 GND BOT
2015 302342.2 859986.9 1.52 WALL
2016 302341.9 859987 -3.17 GND
2017 302333.7 859987.5 -7.06 GND BOT
2018 302317.5 859984.9 -18.91 GND
2019 302317.6 859984.7 -20.34 GND BOT
2020 302296.6 859983.1 -17.91 GND
2021 302296.1 859981.5 -18.24 GND BOT
2022 302291.1 859985.2 -3.9 GND
2023 302290.3 859987.1 1.5 WALL
2024 302286.5 859942.7 -1.4 GND CONC RAMP
2025 302288.2 859942.5 -6.86 GND
2026 302287.9 859942.6 -7.67 GND BOT
2027 302295.6 859942.9 -19.34 GND
2028 302295.9 859943.6 -23.65 GND BOT
2029 302312.7 859937.6 -22.24 GND
2030 302312.9 859937.4 -24.39 GND BOT
2031 302329.9 859939.5 -12.49 GND BOT
2032 302339.5 859938.7 -4.62 GND
2033 302339.6 859938 1.35 WALL
2034 302339.8 859861.3 1.15 WALL
2035 302339.7 859861.7 -2.34 GND
2036 302332.5 859862.1 -7.18 GND BOT
2037 302311.6 859861.8 -17.51 GND BOT
2038 302303.3 859861 -11.77 GND BOT
2039 302289.8 859862.4 -2.87 GND BOT
2040 302288.9 859862.4 1.44 WALL
2041 302289.2 859808.3 2.25 WALL
2042 302289.6 859808.3 -2.53 GND BOT
2043 302301.2 859808.8 -8.48 GND BOT
2044 302315.5 859806.7 -18.04 GND BOT
2045 302325.8 859803.8 -10.24 GND BOT
2046 302338.6 859802.5 -2.19 GND BOT
2047 302339.7 859801.8 1.75 WALL
2048 302339.2 859756.6 2 WALL
2049 302338.2 859756.7 -3.17 GND BOT
2050 302327.3 859757.3 -7.96 GND BOT
2051 302315.8 859760.5 -18.09 GND BOT
2052 302299.4 859761.3 -17.23 GND
2053 302298.7 859761.1 -18.54 GND BOT
2054 302286.3 859763.4 -5.12 GND BOT
2055 302285.9 859762.9 1.67 WALL
2056 302282.8 859699.2 1.58 WALL
2057 302283.4 859699.3 -11.96 GND BOT
2058 302292 859696.6 -19.87 GND
2059 302292.1 859697.2 -20.92 GND BOT
2060 302309.6 859696.7 -22.32 GND BOT
2061 302326 859694.2 -10.3 GND BOT
2062 302335.4 859696.4 -4.75 GND BOT
2063 302335.9 859696.7 2.3 WALL
2064 302337.1 859633.1 0.56 WALL
2065 302336.2 859632.9 -6.16 GND BOT
2066 302286.5 859637.7 2.83 WALL
2067 302287 859637.3 -6.76 GND BOT
2068 302286.6 859637.2 -4.51 GND BOT
2069 302292.6 859637.7 -25.62 GND BOT
2070 302311.3 859637 -29.4 GND
2071 302311.4 859636.8 -0.37 WATER LEVEL
2072 302327.4 859634 -24.75 GND
2073 302335.2 859577.5 2.38 WALL
2074 302334.2 859577.5 -7.09 GND BOT
2075 302280.2 859577.2 2.05 WALL
2076 302283.7 859576.6 2.02 WALL
2077 302284.1 859576.6 -23.87 GND BOT
2078 302306.7 859577.4 -31.39 GND
2079 302326.5 859578.2 -26.89 GND BOT
2080 302334.5 859578.7 -7.53 GND BOT
2081 302335.4 859528 2.93 WALL
2082 302334.9 859527.4 -4.95 GND BOT
2083 302279.5 859528.4 1.93 WALL
2084 302281.5 859528.3 -4.38 GND BOT
2085 302286.7 859527.3 -25.29 GND
2086 302304.2 859527.7 -31.62 GND
2087 302324.5 859527.6 -25.33 GND BOT
2088 302333.8 859473.3 -6.55 GND BOT
2089 302278 859465.6 1.33 WALL
2090 302278.4 859465.5 -5.44 GND BOT
2091 302286.5 859464.2 -24.58 GND BOT
2092 302303.5 859467.9 -31.17 GND BOT
2093 302329.1 859472 -24.51 GND BOT
2094 302277.9 859416.9 1.35 WALL
2095 302278.7 859417.1 -6.43 GND BOT
2096 302332.6 859414 -5.51 GND BOT
2097 302316.4 859415.2 -15.16 GND BOT
2098 302307 859415.8 -16.61 GND
2099 302307.1 859416.6 -19.28 GND BOT
2100 302289.3 859417.3 -13.61 GND BOT
2101 302327.2 859360.3 -4.7 GND BOT
2102 302286.3 859353.6 1.65 WALL
2103 302288.6 859354.1 -2.9 GND BOT
2104 302306.5 859357.9 -5.58 GND
2105 302306.5 859358 -8.05 GND BOT
2106 302287.2 859377.2 1.04 WALL CORAL
2107 302281.7 859397.5 1.68 WALL CORAL
2108 302278 859401.6 1.41 WALL CONC
2109 302306.9 859387 -5.21 GND
2110 302307 859386.9 -8.01 GND BOT
2111 302273.3 859303.5 -4.35 GND
2112 302273.2 859303.9 -7.62 GND BOT
2113 302305.7 859308.3 -4.68 GND
2114 302305.6 859308.3 -7.68 GND BOT
2115 302340.7 859304.7 -5.28 GND
2116 302340.5 859304.9 -7.98 GND BOT
2117 302278 859429.7 0.25 HIGH WATER MARK
2118 302289.8 860065.2 1.85 WALL
Exhibit C Geotechnical Report
EXHIBIT C
amec"11111111"
i
REPORT OF SEDIMENT SAMPLING, LABORATORY
TESTING AND GEOTECHNICAL EVALUATION
IMPORTANT NOTICE
This report was prepared exclusively for Monroe County by AMEC Environment & Infrastructure, Inc. (AMEC). The quality of
information, conclusions and estimates contained herein is consistent with the level of effort involved in AMEC's services and
based on: i) information available at the time of preparation, ii) data supplied by outside sources and iii) the assumptions,
conditions and qualifications set forth in this report. This report is intended to be used by Monroe County only, subject to the
terms and conditions of its contract with AMEC. Any other use of, or reliance on,this report by any third party is at that party's
sole risk.
October 27, 2014
Ms. Rhonda Haag
Sustainability Program Manager
Monroe County
102050 Overseas Highway, Suite 246
Key Largo, Florida 33037
Subject: Report of Sediment Sampling, Laboratory Testing and Geotechnical Evaluation
Monroe County Canal 29 Backfilling
MM 106 — Sexton Cove Estates Subdivision
Key Largo, Florida
AMEC Project No. 6783-14-2614
Dear Ms. Haag:
AMEC Environment & Infrastructure, Inc. (AMEC), has performed sediment sampling and
laboratory testing for the subject project in general accordance with our contracted scope of
work for Engineering, Design and Permitting Services for the Canal Restoration Projects dated
May 21, 2014, related to Canal #29 in the Sexton Cove Estates subdivision in Key Largo,
Florida. This report briefly describes the field and laboratory testing programs and presents the
findings. A discussion of geotechnical-related considerations is also presented.
PROJECT INFORMATION
The purpose of this exploration was to develop information concerning the physical
characteristics of the sediments at the bottom of the subject canal. This report briefly describes
the field and laboratory activities and presents the findings. The enclosed guideline
recommendations for canal backfilling represent approaches we feel would be appropriate for
the planned construction.
Project information was provided by Ms. Wendy Blondin of our Miami Lakes, Florida office
during the period of May to October, 2014.
As shown on the attached Site Location Map and Field Exploration Plan, the subject canal is
located between Pigeon Drive and Bunting Drive, on the west side of U.S. Highway 1 (Overseas
Highway) at approximate Mile Marker 106 in Key Largo, Florida.
The canal is approximately 722 feet long by 45 feet wide, with an average bottom elevation of
approximately -19 feet (NAVD88). We understand the intent of the project is to backfill the canal
to an average elevation of -8 feet (NAVD88) to increase dissolved oxygen and reduce deep
stagnation zones. We assume locally available clean fill will be used as backfill material. We
understand the upper one feet of backfill is to consist of sand to help promote the growth of sea
grass. Due to the area outside the limits of the canal being designated as a Florida Outstanding
Water, the contractor will be required to install a series of turbidity barriers to protect the outside
water. We understand there is a requirement that the turbidity of the water in the canal not
exceed 29 NTUs above background and 0 NTUs above background at the canal mouth before
final removal of the turbidity barriers.
AMEC Environment&Infrastructure, Inc.
5845 N.W. 158th Street•Miami Lakes, FL 33014 a Phone:305.826.5588 www.amec.com
Monroe County
Monroe County Canal 29 Backfilling
MM 106—Sexton Cove Estates Subdivision; Key Largo, Florida
Report of Sediment Testing, Laboratory Testing, and Geotechnical Considerations
FIELD EXPLORATION AND LABORATORY TESTING
Field Exploration
Our subcontractor, Adventure Environmental, Inc., working from a small boat, used a 4-inch
diameter piston core sampling device to obtain disturbed samples of the canal-bottom sediments
at two general locations (Core Nos. M-1 and M-2 were located approximately 60 feet east of the
mouth, and Core Nos. E-1 through E-3 were located approximately 150 feet west of the east
end). A Shelby tube was used to obtain a relatively undisturbed sample of canal-bottom
sediment (UD-1) adjacent to Core No. M-2. The sampling devices met refusal on what is
believed to be limestone underlying the upper sediments, representing the original dredged
bottom elevation of the canal.
The approximate sample locations are shown on the attached Field Exploration Plan. These
locations were selected by an environmental scientist from AMEC based on the results of
bathymetric survey data collected in this canal, and were referenced to existing features using
available aerial photography. Our environmental scientist was present on site during the
sampling activities to collect the samples and log the materials encountered by the samplers.
The attached Core Sample Records present the soil descriptions for each core sample. The
depth designations on the core records represent the approximate boundaries between soil
types. In some instances, the transition between soil types may be gradual. Brief descriptions
of the exploratory drilling and sampling techniques used are presented in the attached Field and
Laboratory Procedures.
Laboratory Testing
In order to aid in classifying the soils and to help quantify and correlate engineering properties,
laboratory tests were performed on representative soil samples obtained during the sampling
program. The laboratory testing included the following:
• Seven water content tests
• Two grain size distribution tests
• Six grain size distribution tests with hydrometer tests
• Five Atterberg limits (plasticity) tests
• Seven organic content tests
• One specific gravity test
• One natural density determination (on the Shelby tube sample)
• One consolidation test (on the Shelby tube sample)
• Three settling rate tests
The results of these tests are presented on the attached Summary of Laboratory Test Results,
the Grain Size Distribution Reports, the Consolidation Test Report, and the Report of Settling
Rate Test Results. Brief descriptions of the laboratory test procedures used are presented in the
attached Field and Laboratory Procedures.
Project No. 6783-14-2614 Page 2 amco
October 27, 2014
Monroe County
Monroe County Canal 29 Backfilling
MM 106—Sexton Cove Estates Subdivision; Key Largo, Florida
Report of Sediment Testing, Laboratory Testing, and Geotechnical Considerations
SUBSURFACE CONDITIONS
General
The soil conditions outlined below highlight the major subsurface stratification at the sampling
locations. The attached Core Sample Records should be consulted for detailed descriptions of
the subsurface conditions encountered at each sampling location. When reviewing the Core
Sample Records, it should be understood that soil conditions may vary between and away from
the sample locations.
Soils
The unconsolidated sediments at the canal bottom generally consisted of dark gray to dark
greenish gray sandy organic silt (Unified Soil Classification System symbol: OH), dark brown
sandy elastic silt (MH) to silty sand (SM) with little shell and trace organics, and dark gray to dark
greenish gray sandy silty peat (Pt), and light gray fine sand (SP). The sediment thickness
ranged from approximately 5 to 21 inches at the sampling locations. Limestone underlying the
unconsolidated sediments was not sampled.
Water Depths
The water depth was measured at the sampling locations. At the locations closer to the mouth of
the canal (M-1 and M-2), the water depth was approximately 20 to 31 feet, whereas closer to the
end of the canal (E-1 through E-3) the water depth ranged from approximately 15 to 18 feet.
Fluctuation in water levels should be expected due to seasonal climatic changes and tidal
variations.
GEOTECHNICAL EVALUATION
The following evaluation is based upon the previously presented project information along with
the data obtained in this exploration. The field and laboratory test data has been compared with
previous performances of soils similar to those encountered at this site. If the project information
is incorrect, please contact us so that our evaluation may be reviewed. The discovery of any site
or subsurface condition during construction that deviates from the data obtained in this
exploration should also be reported to us for our evaluation. The assessment of site
environmental conditions or the presence of pollutants in the soil, rock, surface water or
groundwater of the site is beyond the proposed scope of this geotechnical exploration.
The organic-rich sediments at the canal bottom are relatively soft and highly compressible, and
would experience long-term settlement if the backfill materials were directly placed above them.
However, the canal bottom sediments are less than 2 feet thick based on the core samples and
the bathymetric survey data, and appear to be susceptible to suspension if disturbed. It is our
opinion that these soft sediments are likely to be disturbed and become suspended during
placement of the canal backfill, rather than remain in place and consolidate under the backfill
loading. The backfill will likely mix with these sediments and, hence, it is anticipated that the
sediments will not be subject to significant long-term consolidation. It is also anticipated that as
backfilling of the canal progresses, the fines in the backfill materials will probably be the major
contributor to turbidity, and hence, placement and fines content of the backfill should be
Project No. 6783-14-2614 Page 3 amco
October 27, 2014
Mcgiroe County
Munroe County Canai 29 Backfilbrig
MM 106 - Sexton Cove Estates Subdivlsbn Key Largo, Fbrida
Report of Sediment 1'esfing, Laboratory Testing, and Geotechncal Cons id erations
considered in the design and the 1plans and specifications. In addition, the gradation of the fatal
or top sand stratum should be compatible with the underlying coarser backfill to prevent vertical
rnigration or loss of the sand through the voids of the coarser backfill.
We have enjoyed assisting you and look forward to serving as your geotechnical and
construction matehals testing consultant on the rernainder of this projecl and on fUtUre projects,
If'YOU have any clLiestions conceming this report, please contact Us,,
Sincerely,
AMEC ENVIRONMENT AND INFRASTRUCTURE, INC.
State of Florida Board of Professional Engineers Certificate of Authorization No. 5392
(,4 o 42 8 1 4
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R
ON V
Michael B. Woodward, P,E. Carlos E. Cepe o, P,E.
Principal Geotechnical Engineer, Senior Geotechnical Engineer
Florida Ucense No. 428,14 Florida License No, 644,74
Attachments: Site Location Map
Reld Exploration Plan
Core Sample Records
Summary of Laboratory Test Result,',
Grain Size Distribution Reports
Consolidation Test Report
Report of Settling Rate Test ReSUItS
Field and Laboratory ProcedUres
Key to Symbols and Descriptions
Distributiow Monroe County(3)
He (1)
.............
Protect No, 6783...4-2614 Page 4 ameO
Octoher 27, 2014
ATTACHMENTS
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QUADRANGLE LOCATION
1
REFERENCE: ��
3901 CARMICHAEL AVENUE
BLACKWATER SOUND QUADRANGLE; FLORIDA err"' JACKSONVILLE, EL 32207
TOPOGRAPHIC MAP " (904) 396-5173
DATED: 2012
U.S. GEOLOGICAL SURVEY SITE LOCATION MAP
Monroe County Canal 29 Backfilling
MM 106 - Sexton Cove Estates Subdivision
0 1000' 2000' Key Largo, Florida
DRA WN: JP DA TE.- 10/23/14 SCALE: 1"=2000'
GRAPHIC SCALE CHECKED: MBW PROJ. No.6783-14-2614 APPROX.
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CORE SAMPLE RECORDS
Monroe County Canal 29 Backfilling
MM 106-Sexton Cove Estates Subdivision
Key Largo, Florida
AMEC Project No. 6783-14-2614
Date Performed: August 7, 2014
Water Depth
Depth at Range
Sample No. Time of Below Material Description
Sampling Mudline
ft in
0-6 Dark gray sandy organic SILT(OH)
6- 20 Dark Greenish gray organic SILT with sand (OH)
M-1 31.0 20-21 Light gray fine SAND (SP)
C.S.R.'
0- 18 Dark gray sandy organic SILT(OH)
M-2 28.7 C.S.R.
0-8 Dark brown sandy elastic SILT(MH)with little shell and trace organics
8- 14 Dark brown silty sand (SM)with little shell and trace organics
UD-1 28.7 14- 18 Dark brown sandy elastic SILT(MH)with little shell and trace organics
C.S.R.
0-8 Dark Greenish gray organic SILT with sand (OH)
E-1 17.7 C.S.R.
0-5 Dark gray sandy silty PEAT(Pt)
E-2 17.7 C.S.R.
0- 13 Dark Greenish gray sandy silty PEAT(Pt)
E-3 14.8 C.S.R.
Notes:
'C.S.R. -Core Sampler Refusal
R O OJ Ul V Oq N O
Fr- m V LO N LO LO Q
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T O O O 7 N N N
C U M CN'] OM n N CO
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{G O N N M O O N
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Grain Size Distribution Report
0 0 0 0 n
100
r
80 T i -A --
- 41-11-11-11- ---- - -J
UIJ
Z 60
Q.
1 Z 50
-- 777��
C)
ty 40 . ...... ------- T-
w -T..........
CL
30 ---
20
10 — ................ ............
'100 10 1 0A 0,01 0001
GRAIN SVE nim
%Gravel %Sand %Fines
% Coarse Fine Coarse Medium F silt Clay
..............
0�0 17 ok 0,0 0�8 L3 3 37,2 36,8
TEST RESULTS Material DescriptiqiI
Opening Percent Spec! Pass? Dark Gray an Organic SILI'w/sand
Size Firer (Percent) (X=Fall)
3/4" 1 00J)
l/2" 100,0
3/8" 100,0 PL,= LL= Pl=
44 100,0
99,2 Classification
#20 W7 USCS(D 2487)= 01-1 AASHTO(M 145)= A-8
040 97,9 Coefficients
141 10() 87k 060= ObIWS D30= 0,0022
4200 74,0 DI,5=
(W357 nim, 67 R DI 0= CU= CC=
0,0229 mm, 533 Remarks
0,0 32 nin'i, 53,7 Organi ontent: 16,6%
0.0094 mm, 47,0 Moisture Content 2617%
O.0067 ninw, 40,2
0.0031 nim, 33.5 Date Received: 8-12-14 Date Tested: 8-26-14
0.0014 nim, 25.5
Tested By: A,Colon an
Checked By: M'ichael B. Woodward,P.E
.... ....
Title: Geotechnic,I_b t
Location: M-I Date Sam pled: 8-7-W
J�qMpft, yJ"Ilm OtIJA
AMEC E&I Client. MOIWOC,COMI()"
Project,, CanA I)emonsiralion 29
Jacksonville,"Florida 1142614 Dggyrq
Grain Size Distribution Report
C� 0 C�
'9 AZ a. 0
ww u7-
90 ----------
SO
70 4 L -A
LLI
Z60 .. .......... ................... .... ......
Z 50
w
WAY
LLJ
CL
30 -—----------
20 ....... ........... ......
10 ............ ......... ........
0
'100 10 1 0� 0,01 0,001
IN SVE
%+3" %Gravel %Sand %Fines
Coarse Fine are... ..... Fine silt wormy
............................ .. ......... ..............................................................
()'0 0A) (W 0,7 1,7 21,8 43.8 32,0
TEST RESULTS Material Descrip
Oponing Percent Spec,* Pass? Dark Greerwish(Jiray Organic SILT%Y/saw]
Site Finer (Percent) (X=Fail)
T I
1/2" 100,0 AtIATbe..rg-Lk !!� (MTM-PAM)
3/8" ➢00A) PL= 70 LL= 155 Pl= 85
04 MAO
9�0 993
ff20 W8 USCS(D 2487)= 01-1 AASHTO(M 145)= A-8
#40 97,6
Coefficients
460 94�6 D90= 0,�(598 D85= 0,1355 D60= 0,0364
10() 87T6 06f)= O.OW D30= 0,0036 D
cu= C =
4200 75,9 DIO= C
0,0488 nHTL 75,7
0 0353 mni, , 51 6 Remarks
0.0224 rnm 56.2 Organic Contow 123%
O 01 50 nun' ' 48 9 Moisture(`ontow 195,611%
0,0093 mm, 39.1
O 0066 fnin, 34.2 Date Received: 8/12/14 Date Tested: 8/26/14
0,0033 mm, 293
0,00 14 rmmmmm, 22A Tested By: A. Coleman
......................................... ......
Checked By: Michael 13. Woodwar(J, P.E,
Title: En
.....................
("o sp w eel alton Provided)
Location: M-1 Date Sampled: 8/7/14
i3
-DO h;
P � nl. 4� /14111 l
Client: Monroe County
AMEC E&I Project, Canal Demoristralion 29
-----------Jaqksonville,,"Florida JI Pro sLc—O.q:-- (i7VJ.4-ZOJ.4 e
Grain Size Distribution Report
w M 04 - it
100
90
80 —41 1--
..................... .. ................
Z 60 Al
Z SO
uJ
0
-—-----
LU T
CL
30 .. ...
20
J
0
100 10 1 01 0,01 00011
GRAIN SIZE- mm,
%+3" %Gravet %Sand %Fines
Coarse Fine Coarse Medium
-------- ------- :Fig Slit Clay
.....................................
0,0 0,0 2.3 07 3,5 35�5
TEST RESULTS MAP ria.1-Desp rilifign,
........................................ .......panOig ercent Spec a D,ark (Iray Sand)(Organic SILT
O P Pss?
Size Finer (Percent) (X=Fall)
---7T ...........
1/2" O(YO Attqrbeyg_lJMitA,,(AS'TM D 43181
3/8w' 98A PL= W2 LL= 2W Pl= 108
04 973
0 0 97,0 Classification
420 95,6 USCS (D 2487)= OH AASHTO(M 145)= A-8
040 9M Coefficients
#60 89,5 Dgo:= 0,2601 0 8 5=-,--O"'1-9'0-'5'- D60= 0,0484
#100 80,0 D50= 0,0171 D30= 0,0050 DI 5=
#200 65.5 DIO= GU= CC=
OJ)357' nHIL 56A
0,0228 umi, 50,8 Remarks
0.0 32 nini. 48.0 ()rginic Cont ow 16,1%
0.0094 mat 39.5 WiSftire Cowen 2'7,61/1°i/
OM67 nam 31.O
0.0033 non, 2U Date Received: 8-12-14 Date Tested: 8-26-i 4
0A1O14 nun, 2M Tested By: A.Coleman
..........Checked By: Nficbae B, Woodward, P,E
Title: Geotechnical I oo 4 er
................... ...........
(jw sl[w6ficatioa
Location: M-2 Date Sampled, 8-7-14
AMEC E&I Client: Monroe County
Project: Ca nai DemonstraOon 29
....,.-Jacksonville,, Florida ------___----- .......... F vre J
Grain Size Distribution Report
0 0 0 C., It
100
9 0 —
.............. .......
80
70
LU
Z 60 , 1 A
Z 50
w I i.... .. .....
U
W- 40 - --------
11
LU
a_
20 _ 1_.... . � �.�m..�.�t.. �....wl....� .. ....� ®"... ...... ......" ��w" � .."�.� l..m..l . � .mw L. .. ... m
A 1, 1 A-
0 L L—L
100 10 1 0'1 0,01 0.001
GRAN SIZE mn).
%+31, %Gravel %Sand %Fines
Coarse Fine Coarse Medium Fine Slit Clay
.................. ................ ........------ ..................-------------------
0,0 0,0 0 0 L3 43 133 40 34A
TEST RESULTS Material Descrip#qq
operling, Percent sper�* Pass? Dark GreenWi(Jr,,,ty Organic SIL'T' w/sand
Size Finer (Percent) (X:=FaH)
1/2" lI 00.0 Atterb r .ki �ts A
.1— --A-g
3/8" l Wo PL= �24 LL= 301 Pl= 177
84 100.0
0 10 98,7 Classification
#20 96,6 USCS(D 2111)= 011 11 1 IITO(M Ill)= A,I
0,40 94A
060 91,7 Dgo= 0,1976 D85= O 1 1088 D60= 0,0 176
o I 0o 87.8 050= O01 18 D30=: DI 5=
4200 81A DI 0= CUB CC=
0,05 17 mrn. 75,6
0,0366 nim, 60 Remarks
0.0232 nan, 61,9 Organic Content� % 24 1
V
0.0�3 5 r t"'n, 55,0 Mois'Wre 6693
0,0095 riamI 41.2
0.0068 num 34.4 Date Received: Date Tested: 8-26-14
OM033 nvu 34 A Tested By: A. Colernan
0,00 14 34A
Checked By: Michael B, Woodwakxf, P.11'. 1XI
Title: Geo tec[i ni ca� Enneer i
.... ...... .....
Locatiow 17-i Data Sampled:
AMEC E&I Client: Wmroe("ounly
Project: (',anal [)enwmsuation 29
,--- Jacksonville, florida Pro ect No: 6783 W2614
...........
.......................
Grain Size Distribution Report
0 0 0
7 T T n
90 t
--'J 4-1 +
T
70
Zw 60 �74 j.
. ......
Z 50
w
................................. - -- ---- — ------- -------
w 40
w .........
CL
30 f —I------——--- -------------——— . .......
20 — . ......
10 .......
L
100 '10 01 0,01 0,001
GRAIN SIZE -mm,
%Gravel %Sand %Fines
+3" Coarse Fine Coarse Medium Fine Silt Clay
--------------------- ..................... ................................................ -----------
51,6 0'0 0,0 0.0 U NJ 18,6 7,2
TEST RESULTS Material Descri tion
.. .... ......... .........
......... ............... ............. .............. ....... .. .. .................
Opening Percent Spec Pass? Dark (Iiiiy and Silty PEA]
Size Finer (Percent) (X=Fail)
lL)II MOM Atter"qrg
3/81, HAM PLz L,L= Pl=
04 lWo
4 Classification
#20 84.0 USCS (D 2» 487)= PT f(:r(m 145)= A-8
#40 77A Coefficients
460 71J
D90= L7190 D85=' 1),)546 D60= 0,0782
#p lilt643 D50= 0A02 D30= 0,0311 DI 6= 0,0 115
#200 58.8 D10= 0.0093 CU= 8A3 cc= 1,34
0,0606 inni, 503
0,04I1 raaacr. 36,0 Remarks
0,0273 rnrra 28.8 Organic Conmw 64.6%
0,0 58 aum 2 l,6 Moisture("ontow 230,2%
0,0 i l 2 nim 14A
0,0079 nun, 7.2 Date Received, 8/12/14 Date Tested: 8/26/14
0,0039 rnin. T2
0,00 16 name.' 7.2 Tested By: A. ("olernan
............. -----------------------I--------------- ------------------------
Checked By,. Micliael B, Woodward, II.E,
Title: Geoleclutical [.`ng�neer
................. .........
..............
Location: E'1-2 Date Sampled: 817/H
..........
Client: Monroe Courq
AMEC E&I
Project: CamO Demonstration 29
Jacksonvillef lorida 6783 kJ2614
Grain Size Distribution Report
CX 8
100 7—
Ott ... __. _.._ __1___ ..
8 E
80 'N. . 4 4h
i
Z 60 l. .... . � ... � �... � .. .�... .. � ..... ................. b . .._. � .. ...�. �......� � ...o.l.. .. ..... _ .. ...
u p lu p E p l p
V
w 40 _1. .... ...__�. �_ 1_......�. V
P U V f M V V
LIJ
€�.�
30 �.... . 1.�..,... tl 1.— 1t20
..
to .. �p , _ N .. M.. . [�. M_.,_ _ L.L.._... . ... ......... . ... ...... m . .�... . .[....M.L�. ,�. ,
_. _
100 10 1 0 1 001 0µ001
GRAIN S E - m,
%Sand Fines
Coarse Fine Coarse Medium Hire Silt Clay
Gravel
TEST RESULTS Material escr
Opening Percent Spec,* Pa (;aril»Grecriia h Gray a�aacl 11t. PEAT
Size Finer (Percent) (?Cull)
/8" 100.0 PL= 224 LL= 508 PM= 84
44 100.0
i1
,i P i4I7.5Classification
ts
1�1�0 C.1,11 1 C1.i.14 1 D 0,C1'. _,._..
11CIC.1 r)1.�1 � �� �� �'3?� t1p= C�1u � ,5
°"y O190
d1 0368 nim, 4T l
O} W niin. IT M ()rgalk Content-nt-%VA
,0096 inni 41,8 Moisture Contet % "535� 1
0.0068 hares. 21.
..W.........
Date Received: /l 2/1.4M .Mute ._m..._..W _ ./ �......
C�,C'�1C�II;S iru. 1."� �
Tested: eta/14
0.00 14 raarri" � 12
Tested By: A.Coleman
an
Checked Michael EC Woodward, 1' E C ..
Title: Cac<ata claralcuap t is piiicci
�.. .... .. ..0... .. ...... . ...........
info )eeiiic fioli iurovi4cd)
Location: E I Date Sampled: EIi" /14
Project: ("awO Dciiui.nstraaiiain 29
CONSOLIDATION TEST REPORT
6a. i
1 f [
I
I
4o7
42
cc 33
0
1>
I j
21
2,2
_ .
_ .._. . .... _ ..
1.2 ILL
12.°a i
r
� 5. ... _.�. �... �.. ...�...
2.5
0.0 .CI! .02 ._. .05 .n .2 5
MATERIAL DESCRIPTION uscs AAS,HTO
Dark Brown Sandy SILX wl liule shell SM A1,17.5(52)
---
Sp Overburden ._Dry Maras.( cf) � trrl tear .... � tur' o n .Maud Ratio � ,
Gr. ( f) lrtlt,
4"Im.0
lrt p r It r l (k f226 147 a57 � t), 176.3 81.E e � % 4�. � 1.761
71 ... 0119 13
Preparation Process: Trimrrarne d Using Cylindrical Cutting Ring DCrSwell Press. Swell
Condition of Test: 1' anrur� l Moisture';,lnudateal @ 0.05 lrsf Method (kf) %
D24 5 ltel�
lProjectNo. 678 '142614,l:llr.01 Client: Mo mama t,oummry Remarks:
Project. Canal Demonstration 29 Organic C o nterenu 1 Sal%
Source: LJD-I Semple No., Ul)-I Chocked By: Mike 13,Woodward, 111,
Jacksonville,, Florida ig ure
Grain Size Distribution Report
1 ar) 7-
90
'J
aci
70
ul
60
Z
U.
A
50
Apr
LU
cc 40 . .......
30A ...............
0-
20 4,
10 ..........
:f
I
-ILL 11
0
100 0 1 01 001 0,001
GRAIN SIZE mm,
%Gravel %Sand
........ %Fines
J, Coars Medium ........... silt C
0,0 0.0 83 8A IIJ 27.1 45A
TEST RESULTS
pf.......... "'"F , , q
Opening Percent I spec«* Pass? Lhirk Brown Silty SAND w/littic shell anj tract,organics
Size Finer (Percent) (X-F&H)
3/4 1 WO,
112 1 00,0 Q434 P
3/8 1 GO,0 PL- 79 L 226 Pl= 147
#41 913
#10 816 USCS(D 2487). SM
#20 78.0 AASHTO(M 146 A-7.5(52
#40 715
az
060 663
D90= 4170 D86= 14525 D60= OA805
4100 563 D 0;� 0,1032 D DIS=
'0 6 Ile
#200 45A D C Ce
0 IWI U
Remarks
Consolidation Sanwple
0
I M Date Received: 8126/14 Date Tested, 8/29/14
Tested By: C%Martin
Checked By. Michael B Woodward,PI,
Wid,
Title: GeotecItnical Engnicer
(no specification provided)
Source of Sample lJD-J Date Sampled,
.........................
AIVIEC E&I Client: Monr(w County
Project, (anal Demonstration 29
JaCk�2nv,11!e, Florida
N -t31V(t14k0,,QJ-..................... .... .......
Grain Size Distribution Report
L 0 0 C,
VLltk - ` SIX
90
so4._. ._^ ,it .,�ua. ,�,, b
J 1
UJ70
LU
I�
40 � �w� � .�. �. � ._.� �A..
0
20
n
1
1CY
100 10 1 0.1 0.01 7001
GRAIN SVE-rnm,
%+3" %Gravel .... %wend Hine'
co", One raaar a Mpdteaan Finn tte l .
A
0A) tt.0 4A 3.7 119 27.2 ........... 55.1t
TEST RESULTS Material t ecr(tatlotw
Opening �! Per e m Spec, i peas? Dark tlw wa l Satidy Elastic S11.I' /little shell and trace orgar,iics
size Firwor (percent) (X=Fa l)
,174 1wo
312 10010 as t i.etr _ ( It ( $T l 4 10)
1t1tl t1 ILL= 79 L 22 pl= 147
#4 95.6
10 91a9 Cie w i, a Jo
20 87.6 U (D 24,87) 1w11-1 AASHTO(111114 )= ,.7-5( tt)
40 83,0
Q90 1 iprslt
#Cite 76,8 129 1,3148 D86 0,5524 OW t).tNW
M #100 Ci7,2 t� = C1
#200 55. CUD-
� t
Remarks
Mixed 1 Oe Sawnple
Date Received. 8/20/14 Date Tested; 8/2 /17
06 I Tested By C,maartlta
UJ Chocked By: Micllaael t,1 Woodward,
Title: Geotechnicaal 1 ng!"peer
(no specificafion provided)
Source of Sample: tJD-1 Rate Sampled:
. .$ le
, ., ANIEC E&l Client; Monroc L"rlaanty
Project* C:"arraaal teas onstaratbegr'29
acksor� villee..F"l rids �! pro lest t 14261,449,601 ( ter 1
ameO........
REPORT OF SETTLING RATE,!EST RESULTS
PROJECT NO 6783-14-26,14,0R01 SAMPLE NO -1
PROJECT Canal Derrionstration 29 DEPTH RANGE� 6 to 20 4)
CLAENT, Monroe County INFPAL CMS 'ANC ENTFRATION� 100 g/I
'100
90
80
j-
Ac 60
X 50 ........ L--
40
as
30
20 ......
10
0 ..............
01 1 '10 100 10010 "10000
Time(minutes)
Sedimentation Rate Test COE Method
INTERFA.0 HT, (cm)_l TIME minn) INTERFACE HT.,(crn)
0,11 iWo 16 47,3
............
0,25 '1 Wo 30 32,5
.................. ......
0"5 953 60 27.8
1 89,1 . 120 25,9
.............. ..........
2
1-1.1.1-1.1-48-l-1--,................
66A 448400 '1U23 ............
..
1 A 10 8
16.1
FINAL CONCENTrWDN: 6211 gIL
RespectfuRy Submitted
Wchael B, Woodward, RE,
o
ame
REPORT OF SETTLINP—RAjgjg§�T RESULTS
PROJECT No : 6783-14-2614 06M SAMPLE NO. M-2
PROJEGT� Canal Demonstration 29 0 tam ,16 in
CUENT� MWWWCOLHAY INIflAL CONCENTRATIOW 100 9/1
100
..........
90
80
70
?,60 ......... ............
50 ................. ......
40
30
Q
S 20 n t I
..........
0,1 1 10 100 1000 0000
Time(Mill)
Sedimentation Rate Test CONE Method
TIME INTERFACE cTJ INTERFAqg�cwi)
01 1 oo,o 16 50.4
......................
U5 9&0 30 37A
........................ ---------- ................ ...................
0�5 92.0 60 32.3
............ ...... ..................
1 86,1 120 28,7
2 '73A 240 24.3
.................
4 67,5 4,80 22�5
8 611 1 19.6
TINALCONCENTRATIOW 510204 g/L
Respectfully Submitted
A,
ichaO
amed`..O
REPORT OF SETTLING RATE TEST RESULTS
PROJEc'r NO: 6783-14-26,14�06,01 SAMPLE NO� E-2
PROJEGT�Canal Denionstrabon 29 DEI-1111 RANGE!: OW13 in
CLIENT: Monroe County 1W W-CONCEN'I"RA110W 100 g/I
----
ISS
90 .......
80, ------------.......
70
..................... ......
50 7
40
,S 30
20 ........ ..........
to
... ......... . ......
. ........
0A 10 100 1000 10000
Time(mlow)
Sedimentabon Rate Test COE Method
TIME (m4i) INTERFACE HT. (cm) TWE (min) INTERFACE HT. (cm)
01 1 Wo 16 98,0
0,25 100,0 30 97,0
0,5 1 00,�0 60 85.0
10(Yo '120 53-5
...................... ....................
2 100,0 240 22,0
............................ .......
4 199,0 480 20.8
8 99.0 1440 19.9
FINAL CONCENTRAT"10K. 502.5 g/L
RespeCtfUfty Submitted
Michael B, Woodward, P,E.
FIELD AND LABORATORY PROCEDURES
Field Procedures
Piston Core Sampling— Disturbed sediment samples at the bottom of the canal were obtained using
a 4-inch diameter piston coring device from a power boat. The sediment samples were placed in
jars and transported to our laboratory.
Thin-Walled (Shelby) Tube Sampling - The relatively undisturbed sample was obtained by manually
forcing a section of 3-inch O.D., 16-gauge steel tubing (Shelby tube) into the canal-bottom sediments
from the power boat. The sampling procedure is described by ASTM D1587. The tube, together with
the encased soil, was carefully removed from the ground, made air-tight, and transported to our
laboratory.
Laboratory Procedures
Water Content - The water content is the ratio, expressed as a percentage, of the weight of water in a
given mass of soil to the weight of the solid particles. This test was conducted in general accordance
with ASTM D2216.
Organic Content (Organic Loss on Ignition) - The amount of organic material in a sample is determined
in this test. The sample is first dried and weighed, then ignited and reweighed. The amount of organic
material is expressed as a percentage of the total dry weight of the sample prior to ignition. This test
was conducted in general accordance with ASTM D2974.
Atterberg Limits (Plasticity) - A soil's Plasticity Index (PI) is the numerical difference between the
Liquid Limit (LL) and the Plastic Limit (PL). The LL is the moisture content at which the soil will flow
as a heavy viscous fluid and is determined in general accordance with ASTM D4318. The PL is the
moisture content at which the soil begins to crumble when rolled into a small thread and is also
determined in general accordance with ASTM D4318.
The Liquidity Index (LI) was computed from the above test data. This ratio is an expression which
compares the relative natural moisture state of the soil with its liquid and plastic limits and is an
indicator of various other physical properties such as strength, sensitivity, compressibility, and
preconsolidation characteristics.
Specific Gravity - The specific gravity of soil solids is the ratio of the weight in air of a given volume of
soil particles to the weight in air of an equal volume of water. This test was conducted in general
accordance with ASTM D854.
Grain Size Distribution - The grain size tests were performed to determine the particle size and
distribution of each sample tested. The distribution of particle sizes larger than 75 µm (retained on
the No. 200 sieve) is determined by sieving, while the distribution of particle sizes smaller than 75
µm is determined by a sedimentation process, using a hydrometer. The soil particles that pass the
No. 200 sieve are classified in the silt and clay size range. The samples were dried, weighed, and
washed over a No. 200 mesh sieve. The dried samples were then passed through a standard set of
nested sieves to determine the grain size distribution of the soil particles coarser than the No. 200
sieve. For some of the samples, materials passing the No. 4 mesh sieve were suspended in water in a
hydrometer test cylinder and the grain size distribution was measured by the rate of settlement of the
soil particles. These tests were conducted in general accordance with ASTM D422.
Natural Density - The undisturbed sample, still in its steel tube, was measured and weighed to
determine its gross weight and the volume of the entire sample. The sample was then extruded from
its steel tube and the net weight and volume of the sample were determined for the calculation of the
soil wet density in pounds per cubic foot. The dry unit weight was then determined by allowing for the
water content of the soil.
Consolidation - A section of the undisturbed sample was extruded from the sampling tube for
consolidation testing. The section was trimmed into a disc 21/2 inches in diameter and 3/4 inch thick.
The disc was confined in a stainless steel ring and sandwiched between porous plates. It was then
subjected to incrementally increasing vertical loads and the resulting deformation measured with a
micrometer dial gauge. The test results are presented in the form of a pressure-versus-void ratio
curve. This test was conducted in general accordance with ASTM D2435.
Sedimentation Rate - This test was performed to indicate the settling rate of soil when dispersed in
water. A moist sample of soil was mixed with water at a concentration of 100 g/L and placed in a clear
plastic tube up to the 100 cm mark. The suspended material was shaken to evenly disperse the
material throughout the tube. The tube was placed in an upright position, and the height of suspended
sediment (the interface between the sediment and "clear" water on top) was recorded at elapsed time
intervals for a total period of 24 hours. The results are presented on plots of interface height
(arithmetic scale) vs. time (logarithmic scale). These tests were conducted in general accordance with
the procedure prescribed by the U.S. Army Corps of Engineers South Atlantic Division Laboratory.
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