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Resolution 042-1996 Commissioner Harvey RESOLUTION NO 042 -1996 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR THE PROJECT ENTITLED ROADWAY DRAINAGE PHASE IV THAT INCLUDES CONSTRUCTION OF VARIOUS INJECTION WELLS TO ALLEVIATE DRAINAGE PROBLEMS WHEREAS, the Board of County Commissioners desire to rectify the f190ding and draip,age C ~-- problems in the vicinity of Shrimp Road and 5th Avenue, Stock Island, along ~th lither locati6~, as ^'"'"" ~-.:-..~ c- 0 -n ::I:a _. :::x: ::z: __0. r laJ J,.,.,,~. c: ::;- - , 0 ". , z~. 'yo WHEREAS, such flooding is a problem to the area residents and nearby:er..operty aeers;~ , ,'-- _, c: -r... ......-.... now, therefore, ~ .\o..~ t 3J -:-- VI ..., ,- soon as possible; and BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, ~~RIDA: The Mayor is authorized to sign and execute on behalf of the County a contract for the construction of various injection wells to alleviate the flooding and drainage problem just described, provided that: 1. The contract is in the format attached as Exhibit A and made a part of this reiillCmon; - 2. I ne contract specifications are those also set forth in Exhibit A; 3. The total compensation due does not exceed $240,000; 4. The contract is with the lowest responsible bidder; and 5. The contract is acceptable to the County Engineer and County Attorney. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17th day of January, 1996. Commissioner Douglass Commissioner Harvey Commissioner London Commissioner Reich Mayor Freeman yes yes yes yes yes (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY..9~ Depu Clerk EFFECTIVE DATE jreswetwell By ~~f~ ~~ c ;(/1; b; -f- A NIONROE PROJECT COUNTY NIANUAL ROAD1fAY DRAINAGE IMPROVEMENTS PHASE IV Stock Island to Marathon l\fonroe County, Florida BOARD OF COUNTY COMMISSIONERS Wilhelmina G. Harvey, District 1 Mayor Pro- Tern Jack London, District 2 Mayor Dr. Shirley Freeman, District 3 Keith L. Douglass, District 4 Mary Kay Reich, District 5 COUNTY ADMINISTR,LI. TOR James L. Roberts CLER~; OF THE CIRCUIT COURT Danny L. Kolhage DIRECTOR OF PUBLIC WORKS Den t Pierce COUNTY ENGINEER David S. Koppei, P.E. ,... September, 1995 .... Prepared By: MONROE COUNTY PUBLIC WORKS ENGINEERlr'-JG DEPARTMENT ..- 1 T 1 MONRO VI COUNTY .1 PROJECT MANUAL ii 1 ROADWAY DRAINAGE IMPROVEMENTS PHASE IV Stock Island to Marathon II Monroe County, Florida ii ,i'''''' ' 46 © 7/7:, 0 _ z, a /#7.— q18 24 % O ___ ........ M � 1c^ a :w C 47 ac�UkTY iµ tN BOARD OF COUNTY COMMISSIONERS Wilhelmina G. Harvey, District 1 Mayor Pro—Tern Jack London, District Mayor Dr. Shirley Freeman, District 3 Keith L. Douglass, District 4 Mary Kay Reich, District 5 3 COUNTY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS James L. RoDerts Dent Pierce CLERK OF THE CIRCUIT COURT COUNTY ENGINEER Danny Koit�age David S. Koppei, P.E. September, 1995 Prepared By: MONROE COUNTY PUBLIC WORKS ENGINEERING DEPARTMENT SECTION 00001 TABLE OF CONTENTS ROADWAY DRAINAGE IMPROVEMENT PHASE IV Stock Island to Marathon Monroe County, Florida 1. BIDDING DOCUMENTS Section 00030 Notice of Calling for Bids (pp. 1-2) Section 00100 Instructions to Bidders (pp. 1-11) Section 00110 Bid Proposal (pp. 1-9) Section 00163 Pre-Bid Substitutions (pp. 1-6) Section 00300 Scope of Work (pp. 1-2) Section 00350 Milestone Schedule (p. 1) 2. CONTRACT DOCUMENTS Section 00500 OWNER/CONTRACTOR Form of Agreement (pp. 1-8) 3. CONDITIONS OF THE CONTRACT Section 00750 General Conditions (pp. 0-31) Section 00800 Supplementary Conditions (pp. 1-15) Section 00850 Public Construction Bond (pp. 1-4) Section 00900 Supplementary Insurance Documents (pp. 1-10) Section 01000 Special Conditions (pp. 1-6) 4. GENERAL REQUIREMENTS Section 01025 Measurement and Payment (pp. 1-6) Section 01027 Application for Payment (pp. 1-7) Section 01301 Submittals (pp. 1-6) Section 01560 Temporary Controls (pp. 1-2) Section 01595 Construction Cleaning (pp. 1-2) Section 01630 Post-Bid Substitutions (pp. 1-5) 5. TECHNICAL SPECIFICATIONS Section 02209 Regrading Roadway Shoulders (pp. 1-3) Section 02220 Excavation and Backfill (pp. 1-4) 10/20/95 TABLE OF CONTENTS 00001-1 r 4\ MONROI , COUNTY _A PROJECT MANUAL ROADWAY DRAINAGE IMPROVEMENTS PHASE IV Stock Island to Marathon 1 Monroe County, Florida ill //c 18 24 A ` ; . 6 of a_ ,, li 1'4'0 l�C J�\��, c9uNTY VM ZN III `';; BOARD OF COUNTY COMMISSIONERS Wilhelmina G. Harvey, District 1 Mayor Pro—Tern Jack London, District Mayor Dr. Shirley Freeman, District 3 Keith L. Douglass, District 4 Mary Kay Reich, District 5 COUNTY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS James L. Roperts Dent Pierce 1 CLERK OF THE CIRCUIT COURT COUNTY ENGINEER Danny L. Koihaye David S. Koppei, P.E. September, 1995 Prepared By: MONROE COUNTY PUBLIC WORKS ENGINEERING DEPARTMENT J SECTION 00001 TABLE OF CONTENTS ROADWAY DRAINAGE IMPROVEMENT PHASE IV Stock Island to Marathon Monroe County, Florida 1 . BIDDING DOCUMENTS Section 00030 Notice of Calling for Bids (pp. 1-2) Section 00100 Instructions to Bidders (pp. 1-11 ) Section 00110 Bid Proposal (pp. 1-9) Section 00163 Pre-Bid Substitutions (pp. 1-6) Section 00300 Scope of Work (pp. 1-2) Section 00350 Milestone Schedule (p. 1) 2. CONTRACT DOCUMENTS Section 00500 OWNER/CONTRACTOR Form of Agreement (pp. 1-8) 3. CONDITIONS OF THE CONTRACT Section 00750 General Conditions (pp. 0-31 ) Section 00800 Supplementary Conditions (pp. 1-15) Section 00850 Public Construction Bond (pp. 1-4) Section 00900 Supplementary Insurance Documents (pp. 1-10) Section 01000 Special Conditions (pp. 1-6) 4. GENERAL REQUIREMENTS Section 01025 Measurement and Payment (pp. 1-6) Section 01027 Application for Payment (pp. 1-7) Section 01301 Submittals (pp. 1-6) Section 01560 Temporary Controls (pp. 1-2) Section 01595 Construction Cleaning (pp. 1-2) Section 01630 Post-Bid Substitutions (pp. 1-5) I 5. TECHNICAL SPECIFICATIONS Section 02209 Regrading Roadway Shoulders (pp. 1-3) Section 02220 Excavation and Backfill (pp. 1-4) 10/20/95 TABLE OF CONTENTS 00001-1 Section 02235 Asphalt Base Course (pp. 1-3) di Section 02513 Type S-III Asphaltic Concrete (pp. 1-6) Section 02580 Traffic Markings (pp. 1-2) Section 02720 Storm Drainage Structures (pp. 1-6) Section 02934 Solid Sodding (pp. 1-4) Section 03000 Concrete (pp. 1-1 1 ) Section 03200 Concrete Reinforcing (pp. 1-3) 6. DRAWINGS Sheet 1 Cover Sheet 2 - 4 Typical Details Sheet 5 - 12 Plans Eli I ii a a a' a 10/20/95 TABLE OF CONTENTS 00001-2 1 SECTION 00030 NOTICE OF CALLING FOR BIDS NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on January 31, 1996, at 10:00 A.M., at the Purchasing Office, a Committee consisting of the Director of O.M.B., the County Administrator, the County Attorney, and the Division Director of Public Works, or their designees, will open sealed bids for the following: ROADWAY DRAINAGE IMPROVEMENTS PHASE IV Stock Island to Marathon Monroe County, Florida All bids must be received by the Purchasing Office, 5100 College Road, Public Service Building, Cross Wing #002, Stock Island, Key West, Florida 33040 on or before 10:00 A.M. on January 31, 1996. All bids, including the recommendation of the County Administrator and the requesting Department Head, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. the bid of any Board will automatically reject person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Section 287.133(3)(d), F.S. (1989). All bidders must submit two (2) signed originals and one (1 ) complete copy of each bid in a sealed envelope marked on the outside, "Sealed Bid for Roadway Drainage Improvements - Phase IV". All bids must remain valid for a period of ninety (90) days. The Board reserves the right to reject any and all bids, to waive informalities in any or all bids, and to readvertise for bids. The Board also reserves the right to separately accept or reject any item or items of bid and to award and/or negotiate a contract in the best interest of the County. Drawings and specifications can be examined and obtained at the office of the Monroe County Purchasing Department, Public Service Building, Stock 111 Island, Florida 33040, (305) 292-4464, in accordance with the Instructions to Bidders. Drawings and specifications can be obtained for the refundable 12/29/95 NOTICE OF CALLING FOR BIDS 00030 - 1 deposit sum of $25.00. Questions are to be directed to Public Works Division, Engineering Department, (305) 292-4426. Bid Security payable to Monroe County Board of County Commissioners in the amount of five percent (5%) of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Bidder awarded a contract in accordance with this notice shall post a public construction bond guaranteeing completion and quality of the work under the drawings and specifications. DATED at Key West, Florida, this day of , 19 John Carter Director of O.M.B., for Monroe County, Florida I I 12/29/95 NOTICE OF CALLING FOR BIDS 00030 - 2 I SECTION 00100 INSTRUCTIONS TO BIDDERS To be considered, Bids must be made in accordance with these Instructions to Bidders. ARTICLE 1 - DEFINITIONS 1 .1 Terms used in these Instructions to Bidders which are defined in the General Conditions shall have the same meanings or definitions as assigned to them in the General Conditions. 1 .2 Bidding Documents include the Notice of Calling for Bids, Instructions to Bidders, Bid Proposal, Pre-Bid Substitutions, Scope of Work and Milestone Schedule, Contractor's Qualification Statement, other sample bidding and contract forms and the proposed Contract Documents including any addenda issued prior to receipt of Bids. The Contract Documents proposed for the Work consist of the Standard Form of Agreement, General Conditions, Supplementary Conditions, Supplementary Insurance Documents, Special Conditions, General Requirements, Technical Specifications, Drawings, and other sample contract forms. 1 .3 Addenda are written or graphic instruments issued by the Owner through the County Engineer prior to the receipt of Bids which modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections. 1 .4 A Bid is a complete and properly signed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents. 1 .5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which may be added or from which Work may be deleted for sums stated in Alternate Bids. 1 .6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted. d 8/23/95 INSTRUCTIONS TO BIDDERS 00100-1 1 1 .7 An Owner Option Bid (or Option) is an amount stated in the Bid, which can be exercised by the Owner through the County Engineer, for the corresponding change in the work as described in the Bidding Documents. This Owner Option can be exercised at any time during the contract duration. 1 .8 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials or services as described in the Bidding Documents or in the proposed Contract Documents. Unit prices shall apply to add and deduct change orders and shall include all overhead and profit. 1 .9 A Bidder is a person or entity who submits a Bid. 1 .10 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials or labor for a portion of the Work. 31 .11 The term 'provide' means 'furnish and install'. Wherever 'provide' or 'furnish and install' are used, this shall mean the complete purchase and installation, per the specified or implied requirements. 1 .12 The term 'perform' refers onlyto installation and requires full p q compliance with the specified or implied requirements. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.1 Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Notice of Calling for Bids for the stipulated deposit sum. Deposits should be made payable to Monroe County, Florida. Bidders who return the Bidding Documents in good condition within (10) calendar days after award of the contract, will be refunded the deposit sum. If pages are written on, drawings are torn, or if the issuing office considers the Bidding Documents unusable, then the deposit will be forfeited. 2.2 Bidders shall use complete sets of Bidding Documents in preparing Bids. Neither the Owner, his agents, nor the County Engineer assume 1111 any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. ARTICLE 3 - EXAMINATION OF BIDDING DOCUMENTS AND SITE 3.1 Before Submitting a Bid: 8/23/95 INSTRUCTIONS TO BIDDERS 00100-2 A. Each Bidder shall thoroughly examine all the Bidding Documents. B. Each Bidder shall visit the site to familiarize himself with local conditions that may in any manner affect the cost, progress, or performance of the Work. 3.2 The lands upon which the Work is to be performed, right-of-ways for access thereto and other lands designated for use by the Contractors in performing the Work are identified in the General Requirements or shown on the Drawings. 3.3 Each Bidder shall study and carefully correlate his observations with the Contract Documents. -44 i 3.4 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of Article 3 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 4 ARTICLE 4 - INTERPRETATION AND CORRECTION OF BIDDING DOCUMENTS 4.1 Bidders and Sub-bidders shall promptly notify the County Engineer of any ambiguity, inconsistency or error which they may discover upon di examination of the Bidding Documents or of the site and local conditions. 4.2 Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall submit their questions in writing to the County Engineer no later than ten calendar days prior to the date for receipt of Bids. Any interpretation, correction or change of the Bidding Documents will be accomplished by Addenda mailed or delivered to all parties recorded as having received plans. Copies of Addenda will also be made available for inspection wherever Bidding Documents are on file for that purpose. Interpretations, corrections, or changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections, and 1 changes. Oral and other interpretations or clarifications will be without di legal effect. ARTICLE 5 - BIDDING PROCEDURE 'i 8/23/95 INSTRUCTIONS TO BIDDERS 00100-3 I 5.1 FORM AND STYLE OF BIDS A. The Bid Proposal shall be submitted on the forms included in Section 00110 of these Bidding Documents with the exception of di the Bid Bond, which may be submitted in alternate forms as described in Section 5.3 - A of these Instructions to Bidders. Each of the forms in Section 00110 must be properly filled out, di executed, and submitted as the Bid Proposal. 1 . Bidders shall photocopy documents included in the Bid Package as being required for submission of Bids. Pages shall not be removed from the Bid Package documents for purposes of submitting bids. The return of Bidding Documents from which pages have been removed, shall result in forfeiture of the Bidding Document deposit. dil 2. A person or affiliate who has been placed on the 4 convicted vendor list following a conviction for public di entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact di business with any public entity in excess of the threshold amount provided Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 3. All forms contained in Section 00110 - Bid Proposal must di be fully completed and submitted as part of the Bid Proposal. rii 4. The Bidder is required to submit a copy of a valid Monroe County Class I Engineering Contractor's license (test $185.00, license $100.00) as part of the Bid Proposal. B. All blanks on the Bid Form shall be filled in with ink or by r typewriter. a a 8/23/95 INSTRUCTIONS TO BIDDERS 00100-4 I C. Where so indicated on the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. D. All Bidders must submit copies of their Contractor's license with their Bid. E. Any interlineation, alteration, or erasure must be initialed by the signer of the Bid. F. All requested Alternates q a es shall be bid. If no change in the Base Bid is required, enter "No Change". Failure to comply shall constitute a non-responsive bid. G. All requested Allowances shall be bid. Failure to comply shall constitute a non-responsive bid. H. All requested Owner Options shall be bid. Failure to comply shall constitute a non-responsive bid. 5.2 ADDENDA A. Each Bidder shall ascertain prior to submitting his Bid that he has received all Addenda issued, and he shall acknowledge their receipt in his Bid. B. No Addenda will be issued later than four calendar days prior to the date for receipt of Bids except for an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids. C. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. 5.3 BID SECURITY A. Each Bid shall be accompanied by a Bid Security made payable to Monroe County, in the amount of five (5) percent of the Bidder's maximum Bid price. The Bid Security shall be in the form of a certified check, cashiers check or a Bid Bond issued by a surety meeting the requirements of the form in Section 00110, Page 9. If a Bid Bond is submitted as Bid Security, the attorney-in-fact who executes the bond on behalf of the surety shall affix to the Bond a certified 9/21/95 INSTRUCTIONS TO BIDDERS 00100-5 1 and current copy of his power of attorney. B. The bid surety constitutes a pledge by the Bidder that he will enter into a Contract with the Owner on the terms stated in his Bid and will furnish the required Public Construction Bond, as described in the General and Supplementary Conditions of this contract. The Bid Security of the successful Bidder will be retained until such Bidder has entered into a Contract with the Owner and furnished the required Public Construction Bond, whereupon it will be returned. If the successful Bidder fails to execute and deliver the Contract and furnish the required Bond, the Owner may annul the Notice of Award and the amount of the bid security of that Bidder shall be forfeited to the Owner not as a penalty, but as liquidated damages. C. The bid security of any Bidder whom the Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until either (a) the Contract has been executed and the required Bond has been furnished, or (b) the sixty-first day after the Bid opening, or (c) all Bids have been rejected. The bid security of the other Bidders will be returned within fourteen (14) days of the 3 Bid opening. 5.4 SCHEDULING, MANPOWER REQUIREMENTS, PERMITS AND LICENSES A. The overall schedule for construction is shown in the Bidding Documents "Milestone Schedule." B. The Contractor will be required to provide adequate manpower and equipment in order to meetthe requirements of the Schedule. C. All required permits have been filed by Monroe County and will be made available to the awarded Contractor for signature. All permit fees will be waived. 5.5 SUBMISSION OF BIDS A. Bids shall be submitted to Monroe County at the designated 3 location not later than the time and date for receipt of Bids indicated in the Notice of Calling for Bids, or any extension thereof made by Addendum. Bids received after the time and date for receipt of Bids will be returned unopened. 9/5/95 INSTRUCTIONS TO BIDDERS 00100-6 B. Two (2) signed originals and two (2) copies of all bidding documents are to be submitted. Place the bid security in its own separate envelope, marking on the outside 'Bid Security', and place all other bidding documents in another envelope, marking on the outside 'Proposal Documents'. Both envelopes are to be inserted in one larger envelope. If the Bid is hand-delivered, the envelope shall be filled out as follows: 1 . In the upper left hand corner, place the Bidder's name and address. 2. In the center of the envelope, put the following: Monroe County Purchasing Department Public Service Building, Room 002 5100 College Road, Stock Island Key West, FL 33040 3. In the lower left hand corner, put the following: Bid for: ROADWAY DRAINAGE IMPROVEMENTS Project: PHASE IV Stock Island to Marathon To be opened: January 31, 1996 at 10:00 A.M. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof. And then address the mailing envelope in the conventional manner. C. The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids. D. Oral, telephonic, or telegraphic Bids are invalid and will not receive consideration. 5.6 MODIFICATION AND WITHDRAWAL OF BIDS 12/29/95 INSTRUCTIONS TO BIDDERS 00100-7 1 A. A Bid may not be modified, withdrawn, or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, except as provided in Paragraph 5.7 Right to Claim Error in Bid, and each Bidder so agrees in submitting his Bid. B. Prior to the time and date designated for receipt of Bids, any Bid submitted may be modified or withdrawn by notice to Monroe County Purchasing Department at the place designated for receipt of Bids. Such notice shall be in writing over the signature of the bidder or by telegram. If by telegram, the written confirmation over the signature of the Bidder shall be mailed and postmarked on or before the date and time set for receipt of Bids, and it shall be so worded as not to reveal the amount of the original Bid. C. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders. D. Bid Security shall be in an amount sufficient for the Bid as modified or resubmitted. E. No conditional, modified, or qualified bids will be accepted. Bidders are to comply with the instructions on the bid forms, and not make any changes thereto. 5.7 RIGHT TO CLAIM ERROR IN BID A. Each Bidder's original work papers, documents, and materials used in preparation of the bid shall be enclosed in an envelope and marked clearly as to contents, must be received by Monroe County Purchasing Department no later than 24 hours after the time and date for receipt of Bids, or any extension thereof made by Addendum. Bidders who fail to submit their original work papers, documents, and materials used in the preparation of the Bid, as provided herein, waive all rights to claim error in the Bid. ARTICLE 6 - CONSIDERATION OF BIDS 6.1 OPENING OF BIDS A. The properly identified Bids received on time will be 8/23/95 INSTRUCTIONS TO BIDDERS 00100-8 I opened at the Monroe County Purchasing Department. B. Any Bid not received by the Purchasing Department on or before the deadline for receipt of bids designated in the Notice of Calling for Bids will be returned unopened. 6.2 BIDS TO REMAIN OPEN A. All Bids shall remain open for sixty days after the date designated for receipt of Bids. B. The Owner may, at his sole discretion, release any Bid Proposal and return the Bid Security before the sixty days has elapsed. 6.3 AWARD OF CONTRACT A. The Owner reserves the right to reject any and all Bids or any part of a Bid, to waive the right to disregard all nonconforming, non-responsive or conditional Bids. B. In evaluating Bids, the Owner shall consider the qualifications of the bidders, whether or not the Bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid Forms. C. The Owner shall have the right to accept Alternates in any order or combination and to determine the low Bidder on the basis of the sum of the Base Bid and the Alternates accepted. I D. The Owner may consider the qualifications and experience of subcontractors and/or other entities (including those who are to furnish materials, or equipment fabricated to a special design) proposed for each of the principal portions of the Work as identified in the Bid. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered. E. The Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of the Bidders, proposed subcontractors, and other persons or 'i organizations to do the Work in accordance with the Contract 8/23/95 INSTRUCTIONS TO BIDDERS 00100-9 I I Documents to the Owner's satisfaction within the prescribed time. The Owner has the right to conduct Bid Clarification meetings with any bidder, to determine if bidder has bid the Scope of Work in its entirety. Bidder shall be required to attend bid clarification meetings, as necessary. F. The Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to their satisfaction. G. If the Contract is awarded, it will be awarded to the Bidder whose evaluation by the Owner shows him to be responsible and has indicated to the Owner that the award will be in the best interests of the Project. H. If the Contract is to be awarded, the County Engineer will issue the Notice of Award to the successful Bidder within sixty days after the date of receipt of bids. The Owner reserves the right to return all Bids, not make any awards, and cancel the Project. The Owner is tax exempt and reserves the right to purchase directly various construction materials and equipment that may be a part of the Contract. If the Owner elects to make a particular purchase, the County Engineer will act as a purchasing agent for the Owner. The Owner will, via a Purchase Contract, purchase the materials and equipment, and the Contractor shall assist the County Engineer in the preparation of these Purchase Contracts, including providing to the Owner appropriate tax credits. 6.4 EXECUTION OF CONTRACT A. The Notice of Award to the successful Bidder will be accompanied by two (2) signed originals and two (2) copies of the Contract Agreement and all other Contract Documents. The Contractor shall sign and deliver all four (4) copies of the Contract Agreement to the County Engineer, with all other Contract Documents attached, including an original Insurance Certificate, and the Public Construction Bond within fourteen (14) days after receipt of Notice of Award. The County Engineer will return one fully executed copy of the Contract Agreement to the Contractor with all other Contract Documents attached within three weeks thereafter. B. In the event that the Contractor does not comply with Article 8/23/95 INSTRUCTIONS TO BIDDERS 00100-10 1 I 6.4-A as stated above, the Owner may cancel the Award of Contract and select the next responsive bidder or reject all bids. ARTICLE 7 - SPECIAL LEGAL REQUIREMENTS 7.1 Each Bidder, before submitting his Bid, shall familiarize himself with all Federal, State, and local laws, ordinances, rules and regulations that may apply to the Work or that may in any manner affect the cost, progress, or performance of the Work. **************** END OF SECTION 00100 id 1 1111 tqo rn Ii I 4 8/23/95 INSTRUCTIONS TO BIDDERS 00100-11 I SECTION 00110 BID PROPOSAL The Bid Proposal shall be submitted on the forms included in this section of the Bidding Documents as previously instructed herein . Item Description Pages 1 . Proposal Form 2 - 4 2. Non-Collusion Affidavit 5 - 6 3. Lobbying and Conflict of Interest Clause 7 4. Drug-Free Workplace Form 8 5. Bid Bond 9 3 I 1 I I I I 08/30/95 BID PROPOSAL 00110-1 I PROPOSAL FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT PUBLIC SERVICE BUILDING, ROOM 002 5100 COLLEGE ROAD, STOCK ISLAND KEY WEST, FLORIDA 33040 ' BID FROM: 4 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: ROADWAY DRAINAGE IMPROVEMENTS • PHASE IV Stock Island to Marathon Monroe County, Florida and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, rf 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 1 bidder shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. 4 The undersigned shall perform the work at the Unit Price Indicated on the following Bid Form. Further, it is understood that the Bid Form Quantities are estimated for evaluation purposes only and that the final contract price will be determined from the actual quantities measured for payment in accordance with the Contract Documents. { i 08/21/95 BID PROPOSAL 00110-2 a e. m o cfl oo .i cn +� w N o cD Co v rn toGIN C cDd,,• j n I CD in- 4u �.7 0 O COco O -. N O O w14. 0 11) ci 0 A CO CO 0-. ? 0 o) O 0 O 0 O) O)coa co 0 - - S � CO m m m m r m m m r r- r r I— Cl' Cl) Cl' r r r .j D3 ( _ O N T cn iTT n n O D 5D o m v cn 3 = ? CO y N N cu N > o a 5 m m o 3 `� a a m 5• co a m o m 3 m 3- T `" m m m m c m co < > Q < m g CA m 70 3 = m co _., m O CD CD -0 < 7 > 0 N. 0 a7 o = mo o d < N 3 3 m o a c o D a 5' o N m N m m 3 ,(1). : W. c CO N f0 .7-. .�-. 9• ti N fD H M N _ Z cp o co CD o cn r D ON T N j' m S m co -p 3 C < NCD 2 n M 5' ; o � D 3 x- < R- , • — co m 5 �' m m v) O _ X g o co) N CD N C n 1 a. co co CDCD0- CDm O a7 CD m N 3 3 is 3 — w o ° ° co 2- 3_ o m 0. N < E 7 c -I - m m N D Z * 3 —♦ o Cn C Q C co 7 j (-) 7 ii o D1. co r o c 1 08/21/95 BID PROPOSAL 00110-3 I I acknowledge receipt of Addenda No.(s) . I have included pages 1 through 9 of the Bid Proposal which entails the Proposal Form , the Non-Collusion Affidavit , the Lobbying and Conflict of Interest Clause , the Drug-Free Workplace Form , & the Bid Bond . Also include a copy of valid licenses (Check mark items above, as a reminder that they are included.) Mailing Address: Phone Number: Date: Signed: (Name) (Title) Witness: (Seal) I 08/21/95 BID PROPOSAL 00110-4 411 I NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that; 1 . I am of the firm of , the bidder making the Proposal for the project described in the notice for calling for bids for: ROADWAY DRAINAGE IMPROVEMENTS PHASE IV Stock Island to Marathon Monroe County, Florida and that I executed the said proposal with full authority to do so; 2.) the prices in thishave bid ha e been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such proces with any other bidder or with any competitor; 3.) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4.) no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5.) the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. I 08/21/95 BID PROPOSAL 00110-5 (Signature of Bidder) (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 , 19 . NOTARY PUBLIC My commission expires: I I I I I I I 08/21/95 BID PROPOSAL 00110-6 I LOBBYING AND CONFLICT OF INTEREST CLAUSE I; SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA (Company) "... warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) (Date) STATE OF COUNTY OF 42. PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature in the space provided (name of individual signing) above on this day of , 19 Ii NOTARY PUBLIC My commission expires: 08/21/95 BID PROPOSAL 00110-7 DRUG-FREE WORKPLACE FORM 1 The undersigned Contractor in accordance with Fl. Statute 287.087 hereby certifies that: 1 (Name of Business) 1. Publish 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. Inform such employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employees will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As a person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 3 Bidder's Signature MCP#5 Rev. 6/91 Date 08/21/95 BID PROPOSAL 00110-8 I THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Dollars ( $ for the payment of which sum well and truly to be made, the said Principal and the sain Surety, bind ourselves, our heirs, executors, administrators, successores and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name,address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure o f 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 bed and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. 3 Signed and sealed this day of 19 (Principal) (Seal) 3 (Witness) (Title) (Surety) (Seal) (Witness) (Title) 9/14/95 BID PROPOSAL 00110-9 SECTION 00163 PRE-BID SUBSTITUTIONS PART 1 - GENERAL I 1 .1 DOCUMENT INCLUDES: Pre-Bid Substitutions 1 .2 BIDDER'S OPTIONS 1, A. For products specified only by reference standard, select product meeting that standard, by any manufacturer. B. For products specified by naming several products or manufacturers, select one of products and manufacturers named which complies with the Technical Specifications. S C. For Products specified by naming several products or manufacturers and stating "or equivalent", "or equal", or "or Architect/Engineer approved equivalent", or similar wording, submit a request as for substitutions, for any product or manufacturer which is not specifically named for review and approval by the County Engineer. D. For products specified by naming only one product / manufacturer, there is no option and no substitution will be allowed. 1 .3 SUBSTITUTIONS A. Base Bid shall be in accordance with the Contract Documents. 1 . Substitutions for products may be made during the bidding by submitting completed substitution request form and substantiating product data/literature a minimum of ten calendar days prior to the Bid Date to the County Engineer. 2. The County Engineer will consider requests utilizing this section from the Bidder for substitution of products in place of those specified. 3. Those submitted 10 calendar days prior to Bid Date will be included in an addendum if acceptable. 8/23/95 PRE-BID SUBSTITUTIONS 00163-1 4. Substitution requests may be submitted utilizing a facsimile machine (FAX) if substitution request forms and substantiating data are submitted. B. Submit separate request for each substitution. Support each request with: 1 . Complete data substantiating compliance of ro osed p p 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 wit h product specified, listing significant variations. 3. Data relating to changes in construction schedule. 3 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 availabilityof maintenance services, 9 sources of replacement materials. C. Substitutions will not be considered for acceptance when: 1 1 . Acceptance will require substantial revision of Contract Documents. 2. In the judgement of the Owner or County Engineer, the substitution does not include adequate information necessary for a complete evaluation. 8/23/95 PRE-BID SUBSTITUTIONS 00163-2 I D. The County Engineer will determine the acceptability of any proposed substitution. 1 .4 BIDDER'S REPRESENTATION A. In making formal request for substitution the Bidder represents that: 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 i into the Work, and will make such changes as may be required for the Work to be complete in all respects. 11 4. He waives claims for additional costs caused by substitution which may subsequently become apparent. 5. Cost data is complete and includes related costs under his Contract, but not: a. Costs under separate contracts. b. County Engineer's costs for redesign or revision of Contract Documents. 6. Cost data need not be submitted, if request is for inclusion in an addendum. 1 .5 COUNTY ENGINEER'S DUTIES A. Review requests for substitutions with reasonable promptness. B. Issue an addendum to identify accepted substitutions. C. Substitution requests that are not approved will be returned to the party submitting the request. 1 .6 SUBSTITUTION REQUEST FORM A. The form is attached to this Section. itt 8/23/95 PRE-BID SUBSTITUTIONS 00163-3 13 B. Substitutions will be considered only when the attached form is completed and included with the submittal with all required back-up data. TO: Monroe County Engineer 5100 College Road Key West, FL 33040 Ph: (305) 292-4426 FAX: (305) 292-4558 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 City / State / Zip Code Telephone Date I 8/23/95 PRE-BID SUBSTITUTIONS 00163-4 I oil 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. 11, For use by the Engineer: Approved Apvd as noted _Not Apvd Rec'd too late Insufficient data received By Date 4 Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes: _ r 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: 4 C. What effect does substitution have on other Contracts or other trades? a D. What effect does substitution have on construction schedule? I, E. Manufacturer's warranties of the proposed and specified items are: Same Different. Explain: j4 111 8/23/95 PRE-BID SUBSTITUTIONS 00163-5 j F. Reason for Request: G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations: H. Designation of maintenance services and sources: (Attach additional sheets if required.) **************** END OF SECTION 00163 3 8/23/95 PRE-BID SUBSTITUTIONS 00163-6 I 3 SECTION 00300 SCOPE OF WORK 1 .0 GENERAL SCOPE 1 .1 The Scope of Work shall include, but not be limited to, all Work shown on the plans, and in the specifications. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. 1 .2 The Scope of Work consists of roadway drainage improvements to local streets located in various areas from Stock Island to Marathon. The Work includes constructing and installing interceptor catch basins and injection wells, swale catch basins, regrading roadway shoulders, leveling and resurfacing, striping, installing reflectors, removing and reinstalling fencing, sodding and other related roadway drainage improvements as included in the Technical Specifications. Monroe County shall provide one of the required 3 catch basins for Shrimp Road. The Contractor is required to install the catch basin and provide the grate and other components. 1 .3 Provide all labor, supervision, materials, supplies, equipment, tools, construction equipment, transportation, inspection, and proper execution and completion of all Work as specified on the Drawings and Technical Specifications included in this Bid Package and are listed as follows: 3 TECHNICAL SPECIFICATIONS 02209 REGRADING ROADWAY SHOULDERS 02220M EXCAVATION AND BACKFILL 02235 ASPHALT BASE COURSE 02513 TYPE S-III ASPHALTIC CONCRETE 02580 PAVEMENT MARKINGS 02720 STORM DRAINAGE STRUCTURES, PIPE AND FITTINGS 02934 SOLID SODDING 03000 CONCRETE 03200 CONCRETE REINFORCING 3 10/20/95 SCOPE OF WORK 00300-1 j DRAWINGS SHEET 1 COVER SHEET 2 - 4 DETAILS SHEET 5 - 12 PLANS **************** END OF SECTION 00300 1 3 I 10/20/95 SCOPE OF WORK 00300-2 1 I SECTION 00350 MILESTONE SCHEDULE dia This section contains the project milestone schedule. The Contractor is required to study the applicable parts, or milestones, in order to determine his proposed scheduling for the project. The Contractor is to note the following special items. 4 a. Bid Due Date January 31, 1996 b. Award Date (Anticipated) February 21, 1996 di c. Pre-Con Meeting (Anticipated) February 29, 1996 d. Construction Start (Anticipated) March 11, 1996 4 I 1 ***************** END OF SECTION 00350 I 8 Id I 8 i a 4 I id 12/29/95 MILESTONE SCHEDULE 00350-1 SECTION 00500 FORM OF AGREEMENT This agreement is set forth as of the th day of in the year of between the OWNER who is THE BOARD OF COUNTY COMMISSIONERS of Monroe County Florida; and the following CONTRACTOR: Name: Address: Phone: I for the purpose of performing all of the Work required by the Contract Documents for the following PROJECT: ROADWAY DRAINAGE IMPROVEMENTS-PHASE IV Stock Island to Marathon Monroe County, Florida The Project has been designed by MONROE COUNTY ENGINEERING DEPT. who is hereafter referred to as the ARCHITECT/ENGINEER and who assumes all duties and responsibilities and has the rights and authority assigned to the ARCHITECT/ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. The OWNER and the CONTRACTOR agree as set forth as follows: Article 1 - The Contract Documents The Contract Documents consist of this Agreement, the Request for Bid, the Conditions of the Contract (General and Supplementary), the Supplementary Insurance Documents, the Special Conditions, the General Requirements, the Technical Specifications, the Drawings, and all Addenda issued prior to and all Modifications issued after execution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. 9/22/95 FORM OF AGREEMENT 00500-1 a Article 2 - The Work The Contractor shall perform all the Work required by the Contract Documents for the following Scope of Work: A. The Scope of Work consists of roadway drainage improvements to local streets located in various areas from Stock Island to Marathon. The Work includes constructing and installing interceptor catch basins and injection wells, swale catch basins, regrading roadway shoulders, leveling and resurfacing, striping, installing reflectors, removing & reinstalling fencing, sodding and other related roadway drainage improvements as included in the Technical Specifications. Monroe County shall provide one of the required catch basins for Shrimp Road. The Contractor is required to install the catch basin and provide the grate and other components. B. The Contractor shall: provide all labor, supervision, materials, supplies, equipment, tools, construction equipment, transportation, inspection, and proper execution and completion of all Work as specified on the Drawings and Technical Specifications. C. The Specifications contained herein are considered to be the minimum standards required. Construction shall comply with all applicable Federal, State, Local codes and ordinances. 3 D. This agreement is to be governed by the laws of the State of Florida. Article 3 - Schedule The CONTRACTOR shall commence Work to be performed under this Contract no later than ten (10) calendar days from Notice to Proceed and shall be substantially completed no later than 120 calendar days from the Commencement Date. The CONTRACTOR also agrees to be complete and ready for final payment in accordance with the General Conditions no later than thirty (30) calendar days from the Substantial Completion Date. Substantial Completion shall be determined by the County Engineer. The OWNER and the CONTRACTOR recognize that time is of the essence in this Contract & that the OWNER will suffer financial loss if the Work is not completed within the times specified above, plus any 1 9/22/95 FORM OF AGREEMENT 00500-2 extensions of time allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER fifty dollars ($50.00) for each day that expires after the time specified above for Substantial Completion until the Work is substantially complete. The OWNER and CONTRACTOR agree that work on the project will be continuous from the commencement date through to the completion date. Any demobilization once the work has started requires prior approval by the OWNER. Article 4 - Contract Price The OWNER shall pay the CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds in the following amount subject to unit price actual quantity variations: (WORDS) (DOLLARS) Article 5 - Payment Procedures The CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed as provided in the General Conditions. The OWNER shall make progress payments on account of the Contract Price on the basis of the CONTRACTOR'S Application for Payment as recommended by the COUNTY ENGINEER once per month during construction. All progress payments will be on the basis of the progress of the Work measured in accordance with the General Conditions and Supplementary Conditions of the Contract. Payment will be made approximately twenty (20) days from the submission of the application if all documentation is complete. Retention in the amount of ten percent (10%) will be withheld from each progress payment until final payment is made. Upon final completion and acceptance of the Work in accordance with the General Conditions and upon submittal of all closeout documentation, and compliance with F.S.255.05, OWNER shall pay the remainder of the Contract Price, including release of retention, as recommended by the COUNTY ENGINEER. 10/11/95 FORM OF AGREEMENT 00500-3 1 Article 6 - Contractor's Representations In order to induce OWNER to enter into this Contract, CONTRACTOR makes the following representations: 1 . CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 2. The CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are included in the Contract Documents. 3. The CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining & carefully studying) all such examinations, investigations, explcrations, tests, reports, and studies which pertain to the subsurface of physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.02 of the General Conditions; and no additional examinations, investigations, exploration, tests, reports, studies, or similar information or data be or will be required by the CONTRACTOR for such purposes. 4. The CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. 5. The CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 1 10/11/95 FORM OF AGREEMENT 00500-4 I 6. The CONTRACTOR has given the OWNER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by the OWNER is acceptable to the CONTRACTOR. Article 7 - Contract Documents The Contract Documents which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work consist of the following: 1 . Notice of Award 2. This Agreement (pages 1 to 8, inclusive). 3. Public Construction Bond 4. Bidding Documents - Notice of Calling for Bids, Instructions to Bidders, Bid Proposal, Pre-Bid Substitutions, Scope of Work, Milestone Schedule 5. Notice to Proceed 6. General Conditions (pages 0 to 31, inclusive). 7. Supplementary Conditions (pages 1 to 15, inclusive). 8. Supplementary Insurance Documents (pages 1 to 10, incl.). 9. Special Conditions (pages 1-6, inclusive). 10. General Requirements - Measurement and Payment, Application for Payment, Submittals, Progress Schedules, Temporary Controls, Construction Cleaning, and Post-Bid Substitutions. 11 . Technical Specifications. 10/24/95 FORM OF AGREEMENT 00500-5 1 2 12. Drawings, consisting of a cover sheet and sheets numbered 1 through 12, inclusive with each sheet bearing the following general title: ROADWAY DRAINAGE IMPROVEMENTS PHASE IV Stock Island to Marathon 13. Addenda numbers to , inclusive. There are no Contract Documents other than those listed s ed above in this Article. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. Article 8 - Indemnification and Hold Harmless Agreement. The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence or other wrongful act or omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 9/21/95 FORM OF AGREEMENT 00500-6 Article 9 - Miscellaneous. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract 3 Documents. Article 10 - Other Provisions In cases of conflict within the described Contract Documents in Article 7 of this Form of Agreement, the order of precedence shall be as follows: 1 . This Agreement 2. Bidding Documents with all/any addenda 3. General Requirements 4. Supplementary Conditions 5. General Conditions 6. Technical Specifications 7. Drawings (large scale detail drawings over smaller scale general drawings) I 9/21/95 FORM OF AGREEMENT 00500-7 IN WITNESS WHEREOF, the OWNER and CONTRACTOR have signed this Agreement in quadruplicate. One counterpart each has been delivered to the OWNER, CONTRACTOR, COUNTY ENGINEER and COUNTY PURCHASING DEPARTMENT. All portions of the Contract Documents have been signed or identified by the OWNER and CONTRACTOR or by the COUNTY ENGINEER on their behalf. This Agreement will be effective on , 19 . OWNER: Monroe County BOCC CONTRACTOR: Monroe County, FL By By Attest Attest Address for giving notices Address for giving notices Monroe County Public Works Engineering Department 5100 College Road Key West, FL 33040 **************** END OF SECTION 00500 3 di 3 9/21/95 FORM OF AGREEMENT 00500-8 I r SECTION 00750 dill GENERAL CONDITIONS II Article Number Title Page ;11 1 DEFINITIONS 1 2 PRELIMINARY MATTERS 3 3 CONTRACT DOCUMENTS: INTENT, AMENDING & REUSE 4 1 4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 6 .1 5 BONDS AND INSURANCE 7 1 6 CONTRACTOR'S RESPONSIBILITIES 9 7 OTHER WORK 16 8 OWNER'S RESPONSIBILITIES 16 9 ENGINEER'S STATUS DURING CONSTRUCTION 17 10 CHANGES IN THE WORK 19 11 CHANGE OF CONTRACT PRICE 19 12 CHANGE OF CONTRACT TIME 23 I 13 WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION; REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 23 14 PAYMENTS TO CONTRACTOR AND COMPLETION 25 15 SUSPENSION OF WORK AND TERMINATION 29 1 16 DISPUTE RESOLUTION 30 17 MISCELLANEOUS 30 j Irev. 10/10/95 GENERAL CONDITIONS 00750-0 I d SECTION 00750 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicatedwhich are applicable to both the singular and plural thereof. m Addenda - Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. di Agreement-The written agreement between OWNER and CONTRACTOR covering the Work to be performed: other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment-The form accepted by COUNTY ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. ARCHITECT/ENGINEER-The person, firm or corporation named as such in the Agreement. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds- Bid, performance and payment bonds and other instruments of security. 110 Change Order-a document recommended by COUNTY ENGINEER,which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. • Contract Documents-The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR'S Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all amendments, modifications and supplements issued pursuant to paragraphs 3.04 and 3.05 on or after the Effective Date of the Agreement. Contract Price-The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.08.01- 11.08.03 in the case of Unit Price Work). Contract Time-The number of days (computed as provided in paragraph 17.02) or the date stated in the Agreement for the completion of the Work. CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreement. Defective-An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to COUNTY ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.07 or 14.08). Drawings-The drawings which show the character and Scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. rev. 10/10/95 GENERAL CONDITIONS 00750-1 I Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. J Field Order-A written order issued by COUNTY ENGINEER which orders minor changes in the Work in accordance with paragraph 9.05 but which does not involve a change in the Contract Price or the Contract Time. General Requirements-Sections of Division 1 of the Specifications. Laws and Regulations; Laws or Regulations- Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award -The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein,within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to ARCHITECT/ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. • OWNER-The public body or authority, corporation, association, firm or person with who CONTRACTOR has entered into the Agreement and for who the Work is to be provided. Partial Utilization- Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. 3 Project-The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Resident Project Representative-The authorized representative of COUNTY ENGINEER who is assigned to the site or any part thereof. Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. 3 Subcontractor-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion -The Work (or a specified part thereof) has progressed to the point where, in the opinion of COUNTY ENGINEER as evidenced by COUNTY ENGINEER'S definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if there be no such certificate issued,when final payment is due in accordance with paragraph 14.10. The terms"substantially complete"and"substantially completed"as applied to any Work refer to Substantial Completion thereof. Supplementary Conditions-The part of the Contract Documents which amends or supplements there General Conditions. 1 a Supplier-A manufacturer, fabricator, supplier, distributor, material man or vendor. Underground Facilities- All pipelines, conduits, ducts, cables,wires, manholes, vaults, tans, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the rev. 10/10/95 GENERAL CONDITIONS 00750-2 I following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. Unit Price Work-Work to be paid for on the basis of unit prices. di Work-The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. Work Directive Change-A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by COUNTY ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in p. 4.02 or 4.03 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any on the Contract Price or Contract Time as provided in p. 10.02. Written Amendment-A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. a ARTICLE 2 - PRELIMINARY MATTERS Delivery of Bonds: 2.01 When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.01. di Copies of Documents: 2.02 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Time; Notice to Proceed: 2.03 The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the -t; thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Project: 2.04 CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run. 11 Before Starting Construction: 1111 2.05 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to COUNTY ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from COUNTY ENGINEER before proceeding with any Work affected thereby: however, CONTRACTOR shall not be liable to OWNER or COUNTY ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents, unless CONTRACTOR had actual knowledge thereof or should reasonably have known rev. 10/10/95 GENERAL CONDITIONS 00750-3 ii 3 thereof. 2.06 Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to COUNTY ENGINEER for review: 2.06.01 an estimated progress schedule indicating the starting and completion dates of the various stages of the Work; ,j, 2.06.02 a preliminary schedule of Shop Drawing submissions; and 2.06.03 a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission. 3 2.07 Before any Work at the site is started, CONTRACTOR shall deliver to OWNER,with a copy to COUNTY ENGINEER, certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.03 and 5.04, and OWNER shall deliver to CONTRACTOR certif icates (and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in accordance with paragraphs 5.06 and 5.07. Preconstruction Conference: 2.08 Within twenty days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, COUNTY ENGINEER and others as appropriate will be held to discuss the schedules referred to in paragraph 2.06, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payments, and to establish a working understanding among the parties as to the Work. Finalizing Schedules: 2.09 At least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, COUNTY ENGINEER and others as appropriate will be held to finalize the schedules submitted in I accordance with paragraph 2.06. The finalized progress schedule will be acceptable to COUNTY ENGINEER as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance will neither impose on COUNTY ENGINEER responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from 3 full responsibility therefore. The finalized schedule of Shop Drawing submissions will be acceptable to COUNTY ENGINEER as providing a workable arrangement for processing the submissions. The finalized schedule of values will be acceptable to COUNTY ENGINEER as to form and substance. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: j, 3.01 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary;what is called for by one is as binding as if called for by 2. all.The Contract Documents will be construed in accordance with the law of the State of Florida. 3.02 It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may I. reasonably be inferred form the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, rev. 10/10/95 GENERAL CONDITIONS 00750-4 a organization or association, or to the Laws or Regulations of any governmental authority,whether such reference I be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to I change the duties and responsibilities of OWNER, CONTRACTOR or COUNTY ENGINEER, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to COUNTY ENGINEER, or any of COUNTY ENGINEER's consultants, agents or employees any duty or authority to supervise or I direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15. Clarifications and interpretations of the Contract Documents shall be issued by COUNTY ENGINEER as provided in paragraph 9.04. 3.03 If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to COUNTY ENGINEER in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from COUNTY ENGINEER; however, CONTRACTOR shall not be liable to OWNER or COUNTY ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. r<, Amending and Supplementing Contract Documents: 3.04 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.04.01 a formal Written Amendment. 3.04.02 a Change Order (pursuant to paragraph 10.04), or 3.04.03 a Work Directive Change (pursuant to paragraph 10.01). I As indicated in paragraphs 11.02 and 12.01, Contract Price and Contract Time may only be changed by a Change olii Order or a Written Amendment. 3.05 In addition, the requirements of the Contract Documents may be supplemented, and minor variations and I deviations in the Work may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.05.01 a Field Order (pursuant to paragraph 9.05), 3.05.02 COUNTY ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27), or 3.05.03 COUNTY ENGINEER's written interpretation or clarification (pursuant to paragraph 9.04). Reuse of Documents: 2 3.06 Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of COUNTY ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and COUNTY ENGINEER and specific written verification or adaptation by COUNTY ENGINEER. rev. 10/10/95 GENERAL CONDITIONS 00750-5 ARTICLE 4- AVAILABILITY OF LANDS:PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.01 OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER'S furnishing these lands, rights-of-way or easements entitles CONTRACTOR to an extension of the Contract Time, CONTRACTOR may make a claim therefore as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.02.01 Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by COUNTY ENGINEER in preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.02.06, CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. 4.02.02 Existing Structures: Reference is made to the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.03) which are at or contiguous to the site that have been utilized by COUNTY ENGINEER in preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.02.06, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. 4.02.03 Report of Differing Conditions: If CONTRACTOR believes that: 4.02.03.01 any technical data on which CONTRACTOR is entitled to rely as provided in paragraphs 4.02.01 and 4.02.02 is inaccurate, or 4.02.03.02 any physical condition uncovered or revealed at the site differs materially from that indicated, rejected or referred to in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.22), notify OWNER and COUNTY ENGINEER in writing about the inaccuracy or difference. 4.02.04 COUNTY ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of such findings and conclusions. 4.02.05 Possible Document Change: If COUNTY ENGINEER concludes that there is a material error in the Contract Documents or that because of newly discovered conditions a change in the Contract Documents is required, a Work Directive Change or a Change Order may be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference. 4.02.06 Possible rime Adjustments: In each such case, an extension or shortening of the Contract Time will be allowable to the extent that it is attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the length thereof, a claim may be made therefore as provide in Articles 1 1 and 12. rev. 10/10/95 GENERAL CONDITIONS 00750-6 L Physical Conditions-Underground Facilities: 4.03.01 Shown or Indicated:The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or COUNTY ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.03.01.01 OWNER and COUNTY ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and, 4.03.01.02 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.21 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.03.02 Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of and before performing any Work (except in an emergency as permitted by paragraph 6.23), the Contractor shall identify the owner of such Underground Facility of the Work. The Contractor shall give written notice of the Work to that owner and to the COUNTY ENGINEER. COUNTY ENGINEER shall determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended as determined. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.21. CONTRACTOR shall be allowed an Increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably t have been expected to be aware of. If the parties are unable to agree as to the amount or length d thereof, CONTRACTOR may make a claim therefore as provided in Articles 11 and 12. Reference Points: 4.04 OWNER shall provide engineering surveys to establish reference points for construction which in COUNTY ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to COUNTY ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, &shall be re 3 sponsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. ARTICLE 5 - BONDS AND INSURANCE Performance and Other Bonds: 5.01 CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final J payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies"as published in Circular 570 (amended) rev. 10/10/95 GENERAL CONDITIONS 00750-7 I by the Audit Staff Bureau of Accounts, U.S.Treasury Department. All Bonds signed by an agent must be _ accompanied by a certified copy of the authority to act. 5.02 If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. Contractor's Liability Insurance: I 5.03 CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents,whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.03.01 Claims under workers'or workmen's compensation, disability benefits and other similar employee benefit acts; 5.03.02 Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; I 5.03.03 Claims for damages because of bodily injury, sickness or disease. or death of any person other than CONTRACTOR's employees: 4 5.03.04 Claims for damages insured by personal injury liability coverage which are sustained (a) by any aperson as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; .11 5.03.05 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.03.06 Claims arising out of operation of Laws or Regulations for damages because of bodily injury or il death of any person or for damage to property; and 5.03.07 Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 3 The insurance required by this paragraph 5.03 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplementary Insurance Documents, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days'prior written notice has been given to OWNER and COUNTY ENGINEER by certified mail. All 2 such insurances shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. 3 Contractual Liability Insurance: 5.04 The comprehensive general liability insurance required by paragraph 5.01 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.31. I rev. 10/10/95 GENERAL CONDITIONS 00750-8 :ij Owner's Liability Insurance: 5.05 OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance and, at OWNER's option, may purchase and maintain such insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Acceptance of Insurance: I5.06 If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by CONTRACTOR in accordance with paragraphs 5.03 and 5.04 on the basis of its not complying with the Contract Documents, OWNER shall notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.07. If a CONTRACTOR has any objections to the coverage afforded by the other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.03 and 5.04 on the basis of their not complying with the Contract Documents, CONTRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery of such certificates to CONTRACTOR in accordance with 1 paragraph 2.07. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such Iinsurance purchased by the other as complying with the Contract Documents. Partial Utilization - Property Insurance: I 5.07 If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.08.03; provided that no such use or occupancy shall commence before the insurers providing the property insur I ance have acknowledged notice thereof and in writing effected the changes in necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.01 CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. I 6.02 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and COUNTY ENGINEER except under extraordinary I circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor,Materials and Equipment: 6.03 CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR not permit 2 overtime work or the performance of Work on Saturday,Sunday or any legal holiday without OWNER's written rev. 10/10/95 GENERAL CONDITIONS 00750-9 I I] consent given after prior written notice to COUNTY ENGINEER. 6.04 Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone,water,sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. i 6.05 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by COUNTY ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to COUNTY ENGINEER, or any of COUNTY ENGINEER's consultants,agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15. 6.06 Independent Contractor Status and Compliance with the Immigration Reform and Control Act of 1986. The Contractor acknowledges that it is functioning as an independent Contractor in performing under the id terms of this Contract and it is not action as an employee of the County. The Contractor acknowledges that it is responsible for complying with the provisions of the Immigration Reform and Control Act of 1986, located at 8 U.S.C.Section 1324, et.seq., and regulations relating thereto. Failure to comply II with the above provisions for this contract shall be considered a material breach and shall be grounds for immediate termination of the Contract. Adjusting Progress Schedule: 6.07 CONTRACTOR shall submit to COUNTY ENGINEER for acceptance (to the extent indicated in paragraph 2.09) adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substitutes or"Or-Equal"Items after Award: di 6.08.01 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by COUNTY ENGINEER if sufficient information is submitted by CONTRACTOR to allow COUNTY ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by COUNTY ENGINEER will include the following as supplemented in di the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by COUNTY ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written f application to COUNTY ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application will state that the evaluation and acceptance of the proposed substitute will not lid prejudice CONTRACTOR'S achievement of Substantial Completion on time,whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in o connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available i maintenance, repair and replacement service will be indicated. The application will also contain I an itemized estimate of all costs that will result directly or indirectly from acceptance of such II rev. 10/10/95 GENERAL CONDITIONS 00750-10 j substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by COUNTY ENGINEER in evaluating the proposed substitute. COUNTY ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. 6.08.02 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to COUNTY ENGINEER, if CONTRACTOR submits sufficient information to allow COUNTY ENGINEER to determine the substitute proposed is IliIII equivalent to that indicated or required by the Contract Documents. The procedure for review by COUNTY ENGINEER will be similar to that provided in paragraph 6.08.01 as applied by COUNTY ENGINEER and as may be supplemented in the General Requirements. 4 111 6.08.03 COUNTY ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. COUNTY ENGINEER will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without COUNTY ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. COUNTY ENGINEER will record time required by COUNTY ENGINEER and COUNTY ENGINEER's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not COUNTY ENGINEER accepts a proposed substitute, CONTRACTOR shall reimburse OWNER for the charges of COUNTY ENGINEER and COUNTY ENGINEER's consultants for evaluating each proposed substitute. iii Concerning Subcontractors,Suppliers and Others: 6.09.01 CONTRACTOR shall not employ any Subcontractor,Supplier or other person or organization, whether initially or as a substitute, against whom OWNER or COUNTY ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. illli 6.09.02 If the Supplementary Conditions require the identity of certain Subcontractors,Suppliers or other persons or organizations (including those who are to furnish the principal items of materials and equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and COUNTY ENGINEER and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's or COUNTY ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date iii indicated for acceptance or objection in the bidding documents or the Contract Documents) of any II such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an 41, acceptable substitute, the Contract Price will be increased by the difference in the cost I occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or COUNTY ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or COUNTY ENGINEER to reject defective Work. 1 6.10 CONTRACTOR shall be fully responsible to OWNER and COUNTY ENGINEER for all acts and omissions of the Subcontractors,Supplier and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own Iii acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or COUNTY ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall 'I it create any obligation on the part of OWNER or COUNTY ENGINEER to pay or to see to the payment of any di moneys due any such Subcontractor,Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 4 di 6.11 The divisions and sections of the Specifications and the identifications of any Drawings shall not control rev. 10/10/95 GENERAL CONDITIONS 00750-1 1 id a CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating Work to be performed by any specific trade. all 6.12 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and COUNTY ENGINEER. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to paragraphs 5.03 and 5.04. il Patent Fees and Royalties: 6.13 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the Pi performance of the Work or the incorporation in the Work of any invention, design, process, product or a device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of -11 the Work and if to the actual knowledge of OWNER or COUNTY ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others,the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and COUNTY ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, ii damages, losses and expenses (including attorneys'fees and court costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. -49 ■ Permits: 40 6.14 Unless otherwise provided in the Supplementary Conditions,OWNER shall obtain and pay for all construction permits and licenses. CONTRACTOR shall assist OWNER,when necessary, in obtaining such permits and licenses. OWNER shall pay all governmental charges and inspection fees necessary for the prosecution of the Work,which are applicable at the time of opening of Bids, or if there are no Bids on ' the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owner for connections to ill the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations: 6.15.01 CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor COUNTY ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. IP 6.15.02 If CONTRACTOR observes that the Specifications or Drawings are at variance with any Laws or Regulations, CONTRACTOR shall give COUNTY ENGINEER prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 3.04. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or le Regulations, and without such notice to COUNTY ENGINEER, CONTRACTOR shall bear all costs arising di therefrom: however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. Taxes: Ela 6.16 CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the 11 performance of the Work. 1 I rev. 10/10/95 GENERAL CONDITIONS 00750-12 a Use of Premises: 6.17 CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations,rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or COUNTY ENGINEER of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and COUNTY ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER or COUNTY ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.18 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials,rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.19 CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.20 CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings,Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.04) in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to COUNTY ENGINEER for reference. Upon completion of the Work, these record documents, samples and Shop Drawings will be delivered to COUNTY ENGINEER for OWNER. Safety and Protection: 6.21 CONTRACTOR shall be responsible for initiating, maintaining supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, . and shall provide the necessary protection to prevent damage, injury or loss to: 6.21.01 all employees on the Work and other persons and organizations who may be affected thereby: 6.21.02 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.21.03 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.21.02 or rev. 10/10/95 GENERAL CONDITIONS 00750-13 6.21.03 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor,Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or COUNTY ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and COUNTY ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.22 CONTRACTOR shall designate a responsible representative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to OWNER. Emergencies: 6.23 In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR,without special instruction or authorization from COUNTY ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give COUNTY ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from 11111 the Contract Documents have been caused thereby. If COUNTY ENGINEER determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. Shop Drawings and Samples: 6.24 After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to COUNTY ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.09), or for other appropriate action if so indicated in the Supplementary Conditions,five copies (unless otherwise specified in the General Requirements) of all Shop Drawings,which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as COUNTY ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable COUNTY ENGINEER to review the information as required. 6.25 CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and accompanied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission and will be identified clearly as to material,Supplier, pertinent data such as catalog numbers and the use for which intended. 6.25.01 Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, .40 catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.02 At the time of each submission, CONTRACTOR shall give COUNTY ENGINEER specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to COUNTY ENGINEER for review and approval of each such variation. 6.26 COUNTY ENGINEER will review and approve with reasonable promptness Shop Drawings and samples, but COUNTY ENGINEER's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, rev. 10/10/95 GENERAL CONDITIONS 00750-14 I a methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by COUNTY ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by COUNTY ENGINEER on previous submittals. 6.27 COUNTY ENGINEER's review and approval of Shop Drawings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.02 and COUNTY ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by COUNTY ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph 6.25.01. 6.28 Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to COUNTY ENGINEER's review and approval of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.05 or as CONTRACTOR and OWNER may otherwise agree in writing. Indemnification: 6.30 To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and hold harmless OWNER and COUNTY ENGINEER and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable 3 to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.31 In any and all claims against OWNER or COUNTY ENGINEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed 1111 by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such di Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.32 The obligations of CONTRACTOR under paragraph 6.30 shall not extend to the liability of COUNTY ENGINEER, dB COUNTY ENGINEER's consultants, agents or employees arising out of the negligent preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. rev. 10/10/95 GENERAL CONDITIONS 00750-15 ARTICLE 7- OTHER WORK Related Work at Site: 7.01 OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work performed by utility owners or let other direct contracts therefore which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents,written notice thereof will be given to CONTRACTOR prior to starting any such other work; and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefore as provided in Articles 11 and 12. 7.02 CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract (or OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of COUNTY ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.03 If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to COUNTY ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in the other work. Coordination: 7.04 If OWNER contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions,and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor COUNTY ENGINEER shall have any authority or responsibility in respect of such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 OWNER shall issue all communications to CONTRACTOR through COUNTY ENGINEER. al 8.02 In case of termination of the employment of COUNTY ENGINEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection,whose status under the Contract Documents shall be that of the former COUNTY ENGINEER. 8.03 OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.03 and 14.04. 8.04 OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.04. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existingstructures which have been utilized byCOUNTY ENGINEER in preparing the Drawings and lii P p 9 9 rev. 10/10/95 GENERAL CONDITIONS 00750-16 Specifications. 8.05 OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set for the in paragraphs 5.05 through 5.07. 8.06 OWNER is obligated to execute Change Orders as indicated in paragraph 10.04. 8.07 OWNER's responsibility in respect to certain inspections, tests and approvals is set forth in paragraph 13.09. 8.08 In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.01. Paragraph 15.02 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. ARTICLE 9 - COUNTY ENGINEER'S STATUS DURING CONSTRUCTION Owner's Representative: 9.01 COUNTY ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of COUNTY ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and COUNTY ENGINEER. 1111 Visits to Site: 9.02 COUNTY ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. COUNTY ENGINEER will not be required to 111 make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. Project Representation: 9.03 If OWNER and COUNTY ENGINEER agree,COUNTY ENGINEER will furnish a Resident Project Representative to assist COUNTY ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not the COUNTY ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.04 COUNTY ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as COUNTY ENGINEER may determine necessary,which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree ft to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Article 11 or Article 12. Authorized Variations in Work: 111 9.05 COUNTY ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Article 11 or 12. rev. 10/10/95 GENERAL CONDITIONS 00750-17 Rejecting Defective Work: 9.06 COUNTY ENGINEER will have authority to disapprove or reject Work which COUNTY ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.09, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.07 In connection with COUNTY ENGINEER's responsibility for Shop Drawings and samples, see paragraphs 6.24 through 6.28 inclusive. 9.08 In connection with COUNTY ENGINEER's responsibilities as to Change Orders, see Articles 10, 11 and 12. 9.09 In connection with COUNTY ENGINEER's responsibilities in respect of Applications for Payment, etc.,see Article 14. Determinations for Unit Prices: 9.10 COUNTY ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. COUNTY ENGINEER will review with CONTRACTOR, COUNTY ENGINEER's preliminary determinations Wil on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). COUNTY ENGINEER's written decisions will be submitted to OWNER. OWNER's decision will be final and binding upon CONTRACTOR. Decisions on Disputes: 9.11 COUNTY ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to COUNTY ENGINEER in writing with a request for a formal decision in accordance with this paragraph,which COUNTY ENGINEER will render in writing within a reasonable time. Written notice of each such claim,dispute and other matter will be delivered by the claimant to COUNTY ENGINEER and the other party to the Agreement promptly but in no event later than thirty days after the occurrence of the event giving rise thereto, and written supporting data will be submitted to COUNTY ENGINEER and the other party within sixty days after such occurrence unless COUNTY ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. The OWNER's decision will be final and binding upon CONTRACTOR. Limitations on COUNTY ENGINEER's Responsibilities: 9.12 Neither COUNTY ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by COUNTY ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of COUNTY ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 9.13 Whenever in the Contract Documents the terms"as ordered","as directed","as required","as allowed","as approved"or terms of like effect or import are used, or the adjectives"reasonable","suitable", "acceptable","proper'or"satisfactory"or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of COUNTY ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to COUNTY ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.14 or 9.15. di rev. 10/10/95 GENERAL CONDITIONS 00750-18 e a ■ 9.14 COUNTY ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and COUNTY ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.15 COUNTY ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, 1111 any Supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE 10- CHANGES IN THE WORK 10.01 Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time Tl to time, order additions, deletions or revisions in the Work; these will be authorized by a Written Amendment, a Change Order, or a Work Directive Change. Upon receipt of any such document,CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.02 If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefore as provided in Article 11 or Article 12. 10.03 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.04 and 3.05, except in the case of an emergency as provided in paragraph 6.23 and except in the case of uncovering Work as provided in paragraph 13.09. 10.04OWNER and CONTRACTOR shall execute appropriate Change Orders or Written Amendments covering: 10.04.01 changes in the Work which are ordered by OWNER pursuant to paragraph 10.01, are required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or are agreed to by the parties; 10.04.02 changes in the Contract Price or Contact Time which are agreed to by the parties; and 10.04.03 changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by OWNER pursuant to paragraph 9.11. 10.05 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any of Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount each applicable Bond will be adjusted accordingly. l!! ARTICLE 11 - CHANGE OF CONTRACT PRICE 11.01 The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 11.02 The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and abating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless COUNTY ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the C rev. 10/10/95 GENERAL CONDITIONS 00750-19 I occurrence of said event. All claims for adjustment in the Contract Price shall be determined by OWNER. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.02. 11.03 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 1 1.03.01 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved (subject to the provisions of 1111 paragraphs 11.08.01. through 11.08.03, inclusive). 1 1.03.02 By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.06.02.01). 1 1.03.03 On the basis of the Cost of the Work (determined as provided in paragraphs 11.04 and 11.05) plus a CONTRACTOR's Fee for overhead and profit (determined as provided in paragraphs 11.06 and 11.07). Cost of the Work: 1 1.04The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.05: 411 11.04.01 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to,salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes,workers'or workmen's compensation, health and retirement benefits, bonuses,sick 4 leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. id 1 1.04.02 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof,and Suppliers'field service required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with 1114 which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 1 1.04.03 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of COUNTY ENGINEER,which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 1 1.04.04 Costs of special consultants (including but not limited to engineers, architects, testing labs, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11 1 1.04.05 Supplemental costs including the following: 11.04.05.01 The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the work. rev. 10/10/95 GENERAL CONDITIONS 00750-20 L 2 1 1.04.05.02 Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers,which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.04.05.03 Rentals of all construction equipment and machinery and the parts thereof whether rented 41 from CONTRACTOR or others in accordance with rental agreements approved by OWNER with ill the advice of COUNTY ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof-all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease 'iiiwhen the use thereof is no longer necessary of the Work. 11.04.05.04 Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.04.05.05 Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.04.05.06 Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER), provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.06.02. 11.04.05.07 The cost of utilities, fuel and sanitary facilities at the site. AI 11.04.05.08 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.04.05.09 Cost of premiums for additional Bonds and insurance required because of changes in the r Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with Article 5. 11.05 The term Cost of the Work shall not include any of the following: 1 1.05.01 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partner- ship and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 1 1.04.01 or specifically covered by paragraph 1 1.04-all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. 1 1.05.02 Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. ill 1 1.05.03 Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for any delinquent payments. A i rev. 10/10/95 GENERAL CONDITIONS 00750-21 N r Z I 11.05.04 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.04.05.09 above). 11.05.05 Costs due to the negligence of CONTRACTOR, and Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable,including but not limited to, the correction of defective Work,disposal of materials or equipment wrongly supplied and making good any damage to property. 1 1.05.06 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.04. CONTRACTOR's Fee: di 11.06 The CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.06.01 a mutually acceptable fixed fee; or if none can be agreed upon, 11.06.02 a fee based on the following percentages of the various portions of the Cost of the Work: 11.06.02.01 for costs incurred under paragraphs 11.04.01 & 11.04.02, the CONTRACTOR's Fee shall be 15%; 11.06.02.02 for cost incurred under paragraph 11.04.03, the CONTRACTOR's Fee shall be five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen%; 11.06.02.03 no fee shall be payable on the basis of costs itemized under paragraphs 11.04.04, 1 1.04.05 and 11.05; 11.06.02.04 the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a 11111 deduction in CONTRACTOR's Fee by an amount equal to ten percent of the net decrease. 11.06.02.05 when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.06.02.01 through 11.06.02.04,inclusive. • 11.07 Whenever the cost of any Work is to be determined pursuant to paragraph 11.04 or 1 1.05, CONTRACTOR will submit in form acceptable to COUNTY ENGINEER an itemized cost breakdown together with supporting data. Unit Price Work: 11.08.01 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classification of Unit Price Work performed by CONTRACTOR will be made by COUNTY ENGINEER in d accordance with Paragraph 9.10. 1 1.08.02 Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. • 1 1.08.03 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no di rev. 10/10/95 GENERAL CONDITIONS 00750-22 corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article 11. ARTICLE 12 - CHANGE OF CONTRACT TIME 12.01 The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be bases on written notice delivered by the party making the claim to the other party and to COUNTY ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless COUNTY ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time shall be determined by OWNER in accordance with paragraph 9.11. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph 12.01. 12.02 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CONTRACTOR if a claim is made therefore as provided in paragraph 12.01. Such delays shall include, but not be limited to acts or neglect by OWNER or others performing additional work as contemplated by Article 7, or to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 12.03 All time limits stated in the Contract Documents are the essence of the Agreement. ARTICLE 13 - WARRANTY AND GUARANTEE;TESTS AND INSPECTIONS;CORRECTION; REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: I 13.01 CONTRACTOR warrants and guarantees to OWNER and COUNTY ENGINEER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13. Access to Work: ii 13.02COUNTY ENGINEER & his representatives, other representatives of OWNER, testing agencies and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting & testing. CONTRACTOR shall provide proper and safe conditions for such access. Tests and Inspections: 13.03 CONTRACTOR shall give COUNTY ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals. 13.04If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefore, pay all costs in connection therewith and furnish COUNTY ENGINEER the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER's or COUNTY ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. The cost of all inspections, tests and approvals in addition to the above which are required by the Contract Documents 111111 shall be paid by OWNER (unless otherwise specified). rev. 10/10/95 GENERAL CONDITIONS 00750-23 a ,iii 13.05All inspections, tests or approvals other than those required by Laws or Regulations of any public body 2 having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by COUNTY ENGINEER if so specified). 2 13.06If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of COUNTY ENGINEER, it must, if requested by COUNTY ENGINEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given COUNTY ENGINEER timely notice of CONTRACTOR's intention to cover the same and COUNTY ENGINEER has not acted with reasonable promptness in response to such notice. 13.07 Neither observations by COUNTY ENGINEER nor inspections, tests or approvals by others shall relieve li CONTRACTOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 13.08 If any Work is covered contrary to the written request of COUNTY ENGINEER, it must, if requested by COUNTY ENGINEER, be uncovered for COUNTY ENGINEER's observation and replaced at CONTRACTOR's expense. 13.09 If COUNTY ENGINEER considers it necessary or advisable that covered Work be observed by COUNTY ENGINEER or inspected or tested by other, CONTRACTOR, at COUNTY ENGINEER's request, shall uncover, expose or otherwise make available for observation,inspection or testing as COUNTY ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals), and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefore as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Articles 11 and 12. Owner May Stop the Work: 13.10 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. Correction or Removal of Defective Work: 13.11 If required by COUNTY ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if Work has been rejected by COUNTY ENGINEER, remove it from the site and replace it with nondefective Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. One Year Correction Period: 13.12 If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Law or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly,without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from '' the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of ii rev. 10/10/95 GENERAL CONDITIONS 00750-24 ot di such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item may start to run form an earlier date if so provided in the Specifications or by Written Amendment. Nothing in this paragraph shall be read as constituting a limitation on any action contrary to that provided in Sec. 95.1 1(3)(c), Fla.Statutes. Acceptance of Defective Work: 13.13 If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to COUNTY ENGINEER's recommendation of final payment, also COUNTY ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by COUNTY ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to COUNTY ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefore as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14 If CONTRACTOR fails within a reasonable time after written notice of COUNTY ENGINEER to proceed to correct & to correct defective Work or to remove and replace rejected Work as required by COUNTY ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the 111 Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days'written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools,appliances, construction equipment and machinery at the site and incorporate in the Work all materials &equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights & remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by OWNER, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with di respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price. Such direct, indirect & consequential costs will include but not be limited to fees and charges of engineer, architects, attorneys and other professionals, all court costs and all costs of repair&replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.01 The schedule of values established as provided in paragraph 2.06 will serve as the basis for progress payments &will 0, be incorporated into a form of Application for Payment acceptable to the COUNTY ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. rev. 10/10/95 GENERAL CONDITIONS 00750-25 a a Application for Progress Payment: 14.02At least twenty days before each progress payment is scheduled (but not more often than once a month), CONTRACTOR shall submit to COUNTY ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such sup .11 porting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as"Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.03 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment,whether incorporated in the Project or not,will pass to OWNER no later than the time of payment free and clear of all Liens. Review of application for Progress Payment: 14.04COUNTY ENGINEER will,within fifteen (15) days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to the COUNTY ADMINISTRATOR for processing, or return the Application to CONTRACTOR indicating in writing COUNTY ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Twenty (20) days after submission of the completed and approved Application for Payment, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.05) be paid by OWNER to CONTRACTOR. 14.05 COUNTY ENGINEER may refuse to recommend the whole or any part of any payment if, in COUNTY ENGINEER's opinion, it would be incorrect to make such representations to OWNER. COUNTY ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in COUNTY ENGINEER's opinion to protect OWNER from loss because: 14.05.01 the Work is defective, or completed Work has bee damaged requiring correction or replacement, 14.05.02 the Contract Price has been reduced by Written Amendment or Change Order, 14.05.03 OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14, or 14.05.04 of COUNTY ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.02.01 through 15.02.07 inclusive. OWNER may refuse to make payment of the full amount recommended by COUNTY ENGINEER because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the work or there are other items entitling OWNER to a set-off against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action. Substantial Completion: 14.06 When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and COUNTY ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that COUNTY ENGINEER issue a certificate of Substantial Completion. If COUNTY ENGINEER does not consider the Work substantially complete, COUNTY ENGINEER will rev. 10/10/95 GENERAL CONDITIONS 00750-26 j notify CONTRACTOR in writing giving the reasons therefore. If COUNTY ENGINEER considers the Work substantially complete, COUNTY ENGINEER will prepare a tentative certificate of Substantial Completion Ili which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Upon recommendation from COUNTY ENGINEER, OWNER makes the decision as to final payment. id 14.07 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.08 Use by OWNER of any finished part of the Work,which has specifically been identified in the Contract Al Documents, or which OWNER, COUNTY ENGINEER and CONTRACTOR agree constitutes a separately functioning id and useable part of the Work that can be used by OWNER without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the ! Work subject to the following: Ill 14.08.01 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete and request COUNTY ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and COUNTY ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request COUNTY ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and COUNTY ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If COUNTY ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.06 and 14.07 will apply with respect to certification of Substantial Completion of that part of the di Work and the division of responsibility in respect thereof and access thereto. 14.08.02 OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to COUNTY ENGINEER and within a reasonable time thereafter OWNER, CONTRACTOR and COUNTY ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and COUNTY ENGINEER that such part of the Work is not ready for separate operation by OWNER, COUNTY ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance,warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed COUNTY ENGINEER). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 14.08.03 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.07 in respect of property insurance. Final Inspection: 14.09 Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, COUNTY MI ENGINEER will make a final inspection with OWNER and CONTRACTOR &will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. lli Final Application for Payment: 14.10 After CONTRACTOR has completed all such corrections to the satisfaction of COUNTY ENGINEER and delivered ild all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, 111 rev. 10/10/95 GENERAL CONDITIONS 00750-27 ii I marked-up record documents (as provided in paragraph 6.19) and other documents-all as required by the Contract Documents, and after COUNTY ENGINEER has indicated that the Work is acceptable (subject to the fil provisions of paragraph 14.14), CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation call for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu 4111 thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material and equipment for which a Bond could be filed, and that all payrolls, material and equipment bills, and other indebtedness ill connected with the Work for which OWNER or OWNER's property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. Final Payment and Acceptance 14.11 If, on the basis of COUNTY ENGINEER's observation of the Work during construction and final inspection, and COUNTY ENGINEER's review of the final Application for Payment and accompanying documentation- all as required by the Contract Documents, COUNTY ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, COUNTY ENGINEER will,within twenty (20) days after receipt of the final Application for Payment, indicate in writing COUNTY ENGINEER's recommendation of payment and present the Application to COUNTY ADMINISTRATOR for processing of payment. Otherwise, COUNTY ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Sixty (60) days after presentation to COUNTY ENGINEER of the Application and accompanying documentation, in appropriate form and substance, the Iamount recommended by COUNTY ENGINEER will become due and will be paid by OWNER to CONTRACTOR. 14.12 If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if COUNTY ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and I recommendation of COUNTY ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less that the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to COUNTY ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. CONTRACTOR's Continuing Obligation 14.13 CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by COUNTY ENGINEER, nor the I issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, or any use of occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by COUNTY ENGINEER pursuant to paragraph 14.11, nor any correction of defective Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.14). Waiver of Claims 14.14 The making and acceptance of final payment will constitute: 14.14.01 a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.09 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it will not constitute a waiver by OWNER of any rights in respect of CONTRACTOR's continuing obligations under the Contract Documents; and 14.14.02 a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing al and still unsettled. ID rev. 10/10/95 GENERAL CONDITIONS 00750-28 9 IA I ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 1111 OWNER May Suspend Work 4 15.01 OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not di more than ninety days by notice in writing to CONTRACTOR and COUNTY ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of Contract Time, directly attributable 1 to any suspension if CONTRACTOR makes an approved claim therefore as provided in Articles 11 and 12. OWNER May Terminate 1 15.02 Upon the occurrence of any one or more of the following events: di 15.02.01 if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at Ili such time relating to the bankruptcy or insolvency; 15.02.02 if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or di hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; al. 15.02.03 if CONTRACTOR makes a general assignment for the benefit of creditors; 15.02.04 if a trustee, receiver, custodian, or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.02.05 if CONTRACTOR admits in writing an inability to pay its debts generally as the become due; 15.02.06 if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or a equipment or failure to adhere to the progress schedule established under paragraph 2.09 as revised from time to time); 15.02.07 if CONTRACTOR disregards Laws or Regulations of any g public body having jurisdiction; 15.02.08 if CONTRACTOR disregards the authority of COUNTY ENGINEER; or 15.02.09 if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days'written notice and to the extent permitted by Laws and Regulation, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliance, construction equipment, and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court costs) such excess will be paid to 2 CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by COUNTY ENGINEER and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 1 rev. 10/10/95 GENERAL CONDITIONS 00750-29 1 Ia 1 15.03 Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR the existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.04 Upon seven days'written notice to CONTRACTOR and COUNTY ENGINEER, OWNER may,without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses incurred in ending the work,which will include, but not be limited to, direct, indirect, and consequential costs (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals and court costs). CONTRACTOR May Stop Work or Terminate 15.05 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or COUNTY ENGINEER fails to act on any Application for Payment within twenty days after it is submitted, then CONTRACTOR may, upon seven days' written notice to OWNER and COUNTY ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. The provisions of this paragraph shall no relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with the OWNER. ARTICLE 16 - DISPUTE RESOLUTION 16.01 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.16) will be decided by a Court of Law in the County of Monroe in the State of Florida. All procedures shall be subject to all the standard practices of civil proceedings of the State of Florida. lid ARTICLE 17- MISCELLANEOUS Giving Notice 17.01 Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time 17.02.01 When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.02.02 A calendar day of 24 hours measured from midnight to the next midnight shall constitute a day. General 17.03Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.03 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or rev. 10/10/95 GENERAL CONDITIONS 00750-30 repose. 17.04 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30, 13.01, 13.12, 13.14, 14.03, and 15.02 and all of the rights and remedies available to OWNER and COUNTY ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations,warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. ****************** END OF SECTION 00750 ■ j I I' 1 3 3 rev. 10/10/95 GENERAL CONDITIONS 00750-31 I .444 SECTION 00800 id SUPPLEMENTARY CONDITIONS 1 .0 OWNER'S REPRESENTATIVE Ili The Owner's Representative during the construction period shall be the Monroe County Engineer. All references in the General Conditions to the Architect/Engineer are to be di replaced by the County Engineer. 2.0 STANDARD DOCUMENTS m Construction shown on the Drawings shall conform to the related portions of the Monroe County Public Works Manual and di all applicable Federal, State, and Local Codes and Ordinances. 3.0 PERMITS All required permits have been filed by Monroe County and will be made available to the Contractor for signature after the award of the Contract. All permit fees have been waived. 'r DEP Requirements: Attached as Ap pendix A to this Section, the permit from DEP with the required General and Supplemental Conditions. SFWMD Requirements: Attached as Appendix B to this Section, the permit from SFWMD with the required General and Supplemental Conditions. 4.0 PROGRESS PAYMENTS At the discretion of the Owner, the progress of Unit Price items which are not complete and accepted by the County Engineer may be assigned a value and processed as an equal value of completed units. 5.0 PUBLIC CONSTRUCTION BOND f The Contractor will furnish a single Public Construction Bond, in lieu of the separate Payment and Performance Bonds identified in the General Conditions. (The form is located in Section 00850, page 1-4). The Public Construction Bond shall be in an amount at least equal to the contract is 10/24/95 SUPPLEMENTARY CONDITIONS 00800-1 it price and shall satisfy all other requirements of Article 5.01 of the General Conditions for payment and other bonds. No additional payment will be made to the Contractor to furnish the Public Construction Bond, the cost of which is to be included in the prices submitted on the Bid Form. to 6.0 NOTIFICATION TO UTILITY COMPANIES r Any excavating shall comply with Florida Statute 553.851 regarding notification of existing gas and oil pipeline company owners and shall also notify "S.U.N.S.H.I.N.E." at 'i 1-800-432-4770 prior to the excavating. Evidence of such notice shall be furnished to the County prior to excavating. Notice shall be given to FKAA, CES (or FKEC), Southern Bell Telephone Company, TCI Cablevision, or any other utility in the area. ar 1111 a a III +�I r di 10/24/95 SUPPLEMENTARY CONDITIONS 00800-2 m I APPENDIX A iii o?ROTEQION c E i 4i,.---oN -I; ::\kx Department of _fLOR 1 ____.„........„. Environmental Protection South District Lawton Chiles 2295 Victoria Avenue, Suite 364 Virginia B. Wetherell 11. Governor Fort Myers, Florida 33901 Secretary id -01 ill PERMITTEE: I.D. No: 5244C04789 Permit/Certification iii Monroe County No: UC44-265321 - UC44-265324, Board of County Commissioners UC44-265326 - UC44-265328 5100 College Road Date of Issue: July 31, 1995 Key West, Florida 33040 Expiration Date: July 31, 2000 County: Monroe Latitude: 24° 41' 36" N Longitude: 81° 05' 10" W Section/Town/Range: Project: Monroe County Drainage & Roadway Improvements IPhase IV 1 This permit is issued under the provisions of Chapter 403 , Florida Statutes (F.S. ) , and Florida Administrative Code (F.A.C. ) Rules 62-3 , 62-4 and 62-528 . The above named permittee is hereby authorized to A, perform the work or operate the facility shown on the application and approved drawing(s) , plans, and other documents, attached hereto or on • file with the Department and made a part hereof and specifically described as follows: m Construct seven (7) Class V stormwater injection wells as described on the application for Class V well construction, DER Form 17-1. 209 (1) . Wells will consist of 60' of sixteen (16) inch Schedule 40 PVC casing and open interval to 90'±. ili Project wells are located on Avenida Primiceria and 62nd Street, Marathon; Alamanda Drive West, Sugarloaf; Scorpio Lane, Geiger Key; di Peninsular Ave. , Fifth Ave. & Shrimp Rd. , and 4th Ave. @ 2nd St. , Stock Island. 41 Subject to General Conditions 1-15 and Specific Conditions 1-11. a A id 10/24/95 SUPPLEMENTARY CONDITIONS 00800-3 a ii 1 ii PERMITTEE: I.D. No. : 5244C04789 A Monroe County Permit/Certification ili Board of County Commissioners Nos. : UC44-265321 - UC44-265324, UC44-265326 - UC44-265328 Date of Issue: July 31, 1995 Expiration Date: July 31, 2000 GENERAL CONDITIONS: 1. The terms, conditions, requirements, limitations, and restrictions di set forth in this permit are "permit conditions" and are binding and enforceable pursuant to Sections 403 . 141, 403 .727, or 403 .859 through 403 . 861, F.S. The permittee is placed on notice that the Department ii will review this permit periodically and may initiate enforcement action for any violation of these conditions. ��:�# 2. This permit is valid only for the specific processes and ■ operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the Department. 3 . As provided in Subsections 403.087 (6) and 403 . 722 (5) F.S. , the issuance of this permit does not convey any vested rights or *any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be required for other aspects of the total project which are not addressed in the permit. 4 . This permit conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and 111 the necessary title or leasehold interests have been obtained from the iii State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title. 4 5. This permit does not relieve the permittee from liability for harm 11 or injury to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefore; nor does it allow the permittee 1111 to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by any order from the Department. di 6. The permittee shall properly operate and maintain the facility and systems of treatment and control (and related appurtenances) that are installed and used by the permittee to achieve compliance with the illi conditions of this permit, as required by Department rules. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules. iiii di 10/24/95 SUPPLEMENTARY CONDITIONS 00800-4 3 id PERMITTEE: I.D. No. : 5244C04789 Monroe County Permit/Certification Board of County Commissioners Nos. : UC44-265321 - UC44-265324, UC44-265326 - UC44-265328 Date of Issue: July 31, 1995 Expiration Date: July 31, 2000 GENERAL CONDITIONS: 7. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presentation of credential or other documents as may be required by law, and at reasonable times, access to the premises where the permitted activity is located or conducted to: a. Have access to and copy any records that must be kept under the conditions of the permit; b. Inspect the facility, equipment, practices, or operations regulated or required under this permit; and c. Sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules. Reasonable time may depend on the nature of the concern being investigated. 8. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department with the following information: a. A description of and cause of non-compliance; and b. The period of non-compliance, including dates and times; or, if not corrected, the anticipated time the non-compliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the non-compliance. The permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or revocation of this permit. 9. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data and other information relating to the construction or operation of this permitted source, 1111 which are submitted to the Department, may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except where such use is prescribed by Section 403 . 111 and 403 .73 , F.S. Such 11 evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules. 10. The permittee agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance, provided however, the permittee does not waive any other rights granted by Florida Statutes or Department rules. A reasonable time for compliance with a new or amended surface water quality standard, other than those standards addressed in Rule 62-3 . 051, shall include a reasonable time to obtain or be denied a mixing zone for the new or amended standard. I 10/24/95 SUPPLEMENTARY CONDITIONS 00800-5 a I; PERMITTEE: I.D. No. : 5244C04789 Monroe County Permit/Certification Board of County Commissioners Nos. : UC44-265321 - UC44-265324, UC44-265326 - UC44-265328 iii Date of Issue: July 31, 1995 Expiration Date: July 31, 2000 GENERAL CONDITIONS: 11. This permit is transferable only upon Department approval in accordance with F.A.C. Rules 62-4. 120 and 62-30. 300, F.A.C. as applicable. The permittee shall be liable for any non-compliance of the permitted activity until the transfer is approved by the Department. 41 Ili 12 . This permit or a copy thereof shall be kept at the work site of the permitted activity. ■ 13 . This permit also constitutes: (a) Determination of Best Available Control Technology (BACT) (b) Determination of Prevention of Significant Deterioration (PSD) (c) Certification of compliance with State Water Quality Standards (Section 401, PL 92-500) (d) Compliance with New Source Performance Standards 14. The permittee shall comply with the following: '° (a) Upon request, the permittee shall furnish all records and plans di required under Department rules. During enforcement actions, the retention period for all records will be extended automatically, unless otherwise stipulated by the Department. (b) The permittee shall hold at the facility or other location designated by this permit records of all monitoring information (including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation) , required by the permit, copies of all reports required by this permit, and records of all data used to complete the application for this permit. These materials shall be iii retained at least three years from the date of the sample, measurement, report or application unless otherwise specified by Department rule. (c) Records of monitoring information shall include: 1. the date, exact place, and time of sampling or 01 measurements; 2 . the person responsible for performing the sampling or measurements; 3 . the dates analyses were performed; 4. the person responsible for performing the analyses; 5. the analytical techniques or methods used; 6. the results of such analyses. 4 Iii 10/24/95 SUPPLEMENTARY CONDITIONS 00800-6 i PERMITTEE: I.D. No. : 5244C04789 Monroe County Permit/Certification Board of County Commissioners Nos. : UC44-265321 - UC44-265324, 4UC44-265326 - UC44-265328 Date of Issue: July 31, 1995 Expiration Date: July 31, 2000 40 GENERAL CONDITIONS: 15. When requested by the Department, the permittee shall within a reasonable time furnish any information required by law which is needed to determine compliance with the permit. If the permittee becomes aware the relevant facts were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be corrected promptly. SPECIFIC CONDITIONS: 1. Drawings, plans, documents or specifications submitted by the Permittee, not attached hereto, but retained on file at the South Florida District Office, are made a part hereof. 41 2 . The applicant shall retain the engineer of record or obtain the services of any professional engineer registered in the State of Florida for the inspection of the construction of this project. Upon completion the engineer shall inspect for conformity to permit applications and associated documents. Rule 62-600.717, F.A.C. and Chapter 62-528, F.A.C. 111; 3 . The well completion report, DER Form 17-1.213 (2) , and certification of Class V well construction completion, DER Form 17-1.209 (2) shall be submitted by the licensed well driller within thirty days after completion of construction or abandonment. Rule 62-528 . 605 (5) ,F.A.C. 4 . Copies of well completion report are to be mailed to the following: a. Department of Environmental Protection, South Florida District, 2295 Victoria Avenue, Fort Myers, Florida 33901 b. South Florida Water Management District, Water Use Division, Post Office Box 24680, West Palm Beach, Florida 33416-4680. 3 c. Bureau of Geology, 903 N. Tennessee Street, Tallahassee, Florida 32307. 5. In the event a well must be plugged or abandoned, the permittee shall obtain a permit from the Department as required by Sections 62-528. 625 and 62-528 . 645, F.A.C. 6. The permittee shall notify the Department and obtain approval prior to any well work or modification. Chapter 62-528, F.A.C. 7 . This permit is valid only for the specific process and operation 10/24/95 SUPPLEMENTARY CONDITIONS 00800-7 11 4 PERMITTEE: I.D. No. : 5244C04789 Monroe County Permit/Certification Board of County Commissioners Nos. : UC44-265321 - UC44-265324, UC44-265326 - UC44-265328 Date of Issue: July 31, 1995 Expiration Date: July 31, 2000 SPECIFIC CONDITIONS: indicated in the application. Any changes in the process which may result in altered characteristics of the discharge are not permitted without the prior approval of the Department and modification of this permit. Rule 62-528. 610, F.A.C. ■ 8. The discharge authorized by this permit shall be consistent with the water quality standards set forth in Chapter 62-3, F.A.C. Should conditions in the receiving body warrant, the Permittee may be required by the Department to upgrade, reduce, or cease discharge of run-off approved by this permit, and adopt an alternative method of disposal within a reasonable period of time, in accordance with Rule 62-528. 605, F.A.C. 9. The permittee shall establish a periodic maintenance program that assures the integrity of the stormwater drainage systems to function as designed. di 10. The permittee is reminded of the necessity to comply with the pertinent regulations of any other regulatory agency, as well as any county, municipal, and federal regulations applicable to the project. these regulations may include, but are not limited to, those of the Federal Emergency Management Agency in implementing flood control measures. This permit should not be construed to imply compliance with the rules and regulations of other regulatory agencies. 11. The permittee shall notify the Department's Marathon branch office at (305) 289-2310, 48 hours prior to any annular space cementing of the Class V wells which may be deemed necessary during construction. Note: In the event of an emergency the permittee shall contact the Department by calling (904) 413-9911. During normal business hours, the permittee shall call (813) 332-6975. di Issued this 31st day of July, 1995 . STATE 0 IDA DEPARTMENT OF NMENTAL PROTECTION dB Peter Ware Director of District Management I 1 10/24/95 SUPPLEMENTARY CONDITIONS 00800-8 j APPENDIX B r CF LL South Florida Water Management District '10s .,tea~~ 3301 Gun Club Road,West Palm Beach,Florida 33406•(407)686-8800•FL WATS 1-800-432-2045 11 CON 24-06 41 Regulation Department FINAL APPROVED Application No. : 950213-2 Iii April 5, 1995 APR 0 5 1995 Monroe County Board of County Commissioners WPB 44: 5100 College Road Key West, FL 33040 Dear Permittee: ii SUBJECT: Notice of Intent to Construct Works General Permit and I Stormwater Discharge Certification No. : 44-00199-S Permittee: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Project: DRAINAGE & ROADWAY IMPROVEMENTS, PHASE IV il Location: MONROE COUNTY, S11,15,27,35/T66,67S/R25,26,27,32E AS This letter is to notify you of the District's agency action concerning your Notice of Intent to Construct Works. This action is taken pursuant to Rule 40E-1 .606 and Chapter 40E-40, Florida Administrative Code. di Based on the information provided, District rules have been adhered to and a General Permit and Stormwater Discharge Certification is in effect for this project subject to: 1 . Not receiving a filed request for a Chapter 120, Florida Statutes, 1 administrative hearing, 2. the attached 19 Standard Limiting Conditions, ;1 3. 5 Special Conditions, and 4. 15 Exhibit(s) . Should you object to these Conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this Mi office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights", we will assume that you concur I. with the District's action. di 10/24/95 SUPPLEMENTARY CONDITIONS 00800-9 i ;1 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Subject: Notice of Intent to Construct Works April 5, 1995 Page 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the addressee 1:1; (and the persons listed in the attached distribution list) no later than 5:00 p.m. this 5th day of April , 1995, in accordance with Section 120.60(3) , Florida Statutes. Sincerely, 441 /6e/e 7) di Carlos A. de Rojas, P.E. Supv Prof - Civil Engineer • West Palm Beach Service Center 411 CR/jc/ld ti CERTIFIED MAIL NO. Z 310 460 545 Enclosures A A 11/ m a di id 10/24/95 SUPPLEMENTARY CONDITIONS 00800-10 a 111 _ South Florida Water Management District GENERAL PERMIT NOTICE OF RIGHTS a This Notice of Rionts is intended to inform the recipient of the administrative and judicial review which may be availace mancatec by section 120.60(3). Fionca Statutes.Be advised that although this notice is intended to be comprehensive.the revs- 111 procedures set forth herein nave been the subject of judicial construction and interpretation which may affect the administrative judicial review availabie. Recipients are therefore advised to become familiar with Chapters 120 and 373.Flonca Statutes,arc:7- judicial interpretation of the provisions of these chapters. 1. If a suostantially affected person objects to the staff's recommendation,that person has the right to request an administraa.= hearing on the proposed agency action.The substantially affected person may request either a formal or an informal hearir; as set forth below. Failure to comply with the prescribed time periods shall constitute a waiver of the right to a nearing. el 2. If a substantially affected person believes a genuine issue of material fact is in dispute.that person may request a formal heart-; pursuant to section 120.57(1), Florida Statutes. by filing a petition not later than: a. IF NOTICE OF THE APPLICATION WAS PUBLISHED BY THE APPLICANT,within fourteen(14)days after mailing of the proposed agency action or b. IF NOTICE OF THE APPLICATION WAS NOT PUBLISHED, within fourteen days after receipt of actual notice. The request for a section 120.57(1), F.S.. formal hearing must comply with the requirements of Rule 40E-1.521. Florid Administrative Cooe,a copy of which is attached. Petitions are deemed filed upon receipt by the District. Failure:: substantially comply with the provisions of Rule 40E-1.521.Florida Administrative Code.snail constitute a waiver of the rigs::: a 120.57(1) nearing. If a petition for administrative hearing is not timely filed,the staff's proposed agency will automatical!. mature into final agency action. 3. I!a suostantially anec:ec person believes that no issues of material fact are in dispute,that person may recues:an intorna hearing pursuant to section 120.57(2). F.S..by filing a petition for hearing not later than: a. IF NOTICE OF THE APPLICATION WAS PUBLISHED BY THE APPLICANT,within fourteen (14)days after mailing of the proposes agency action or b. IF NOTICE OF THE APPLICATION WAS NOT PUBLISHED, within fourteen days after receipt of actual notice. A request for informal hearing shall be considered as a waiver of the right to request a formal section 120.57(1),F.S..hearing.A request for a section 120.57(1).F.S..formal hearing not in substantial compliance with the provisions of rule 40E-1.521.F.A.�.. may be considered by the District as a request for informal hearing.if a petition for administrative hearing is not timely filed.me staff's proposec agency action wilt automatically mature into final agency action. 4. Pursuant to section 373.11a,Florida Statutes.a Party to the proceeding below may seek review of a Final Oroer rendered on the permit application pefore the Lanc and Water Adjudicatory Commission, as provided therein. Review under this section is initiates by filing a recues:for review with the Lane and Water Adjudicatory Commission arm serving a copy on the Department of Environmental Reguiation arc any person named in the Order within 20 days atter rendering of the District's Oroer However. when the oroer to be reviewed has statewide or regional significance. as determined by the Land ane Water Adjudicatory Commission within 60 days after receipt of a request for review,the commission may accept a request for review from any affected person within 30 days after the rendering of the order. Review under section 373.114. Florida Statutes. is limited solely to a cetermination of consistency with the provisions and purposes of Chapter 373.Florida Statutes.This review is appellate in nature anc limited to the record below. 5. A party wnc :s acversely affected by final agency action on the permit application is entitled to judicial review in the District Court of Appeal pursuant to section 120.88.Floriea Statutes.as provided therein.Review under section 120.68.Florida Statutes in the District Court of Appeal is initiated try filing a petition in the appropriate District Court of Appeal in accordance with Florida rule of appellate Procedure 9.110.The Notice of Appeal must be filed within 30 days of the final agency action. 6. Section 373.817(2), Florida Statutes. provides: Any person substantially affected by a final action of any agency with respect to a permit may seek review within 90 says of the rendering of such decision and request monetary damages and other relief in the circuit court in the juoic:al circuit in which the affected property is located:however, circuit court review shall be confined solely to determining whether final agency action is an unreasonable exercise of the state's police power constituting a taming without lust compensation. Review of final agency action for the purpose of determining whether the action is in accordance with existing statutes or rules and based on component substantial evidence snail proceec in accordance with Chapter 120. 7. Please be advises tna: ex-austicr of acministrative remedies is generally a prerequisite to appeal to the District Court of Appeal or the se2'.:-: :• c_ t Opurt review of final agency action by the District on the permit a=vocation There are. howeve' em cec!.c7m e ex-.aust.On requirement The applicant is acvisec:o consult the case law as to the reeuirements c' 10/24/95 SUPPLEMENTARY CONDITIONS 00800-11 40E-1.521 Initiation of Formal Proceedings. • (1) Initiation of formal proceedings shall be made by petition to the District. The term petition as used herein includes any application or other document which expresses a request for formal proceedings. Each petition should be printed, typewritten or other duplicated in legible form on white paper or standard legal size. Unless printed, the impression shall be on one side of the paper only and lines shall be double-spaced and indented. (2) All petitions filed under these rules shall contain: (a) The name and address of the District and the District's file or identification number, if known; (b) The name and address of the petitioner or petitioners; (c) An explanation of how each petitioner's substantial interests will be affected by the District's determination; (d) A statement of when and how petitioner received notice of the District 's decision or intent to render a decision; 1 (e) A statement of all disputed issues of material fact. If there are none, the petition must so indicate. (f) A concise statement of the ultimate facts which petitioner believes entitle petitioner to the relief sought as well as the rules and statutes which support petitioner's claim for relief. (g) A demand for the relief to which the petitioner deems himself MI entitled; and (h) Other information which the petitioner contends is material. 1 (3) Upon receipt of a petition for formal proceedings, the Office of Counsel shall review the petition for compliance with subsection (2) . The Board shall accept those petitions in substantial compliance therewith, which have been timely filed, which establish that the petitioner is a substantially affected party, and which state a dispute which is within the jurisd ^n of the District to resolve. If accepted, the Board shall designate the presiding officer of the administrative hearing. The District shall promptly give written notice to all parties of the actin taken on the petition, and shall sate with particularity its reasons therefor. (4) If a petition is filed that does not substantially comply with the requirement of subsection (2) of this section, the District shall issue an order dismissing the petition ?R with leave to fine an amended petition complying with the requirements of this rule within the time period designated in the order. If an amended petition complying with this rule is not filed with the District Clerk within the designated time period, the petitioner's right to a processing under Section 120.57, Florida Statutes, is waived. (5) If a valid petition is filed, with the consent of all parties and upon a showing of rood cause, Board action on the petition pursuant to Section 120.57 (1) (b) shall be waived. "Good cause" shall mean a set of circumstances unforeseen and outside of the control of the person requesting the waiver. di (6) When a valid petition for administrative hearing has been filed, the Board action shall defer consideration of the matter pending the completion of the administrative hearing and the submittal of a recommended order, and any exceptions to that order. di (7) If the Board designates a Hearing Officer assigned by the Division of Administrative Hearings as the presiding officer, the District Clerk shall forward the 1 petition and all relevant materials filed with the District to the Division of Administrative di Hearings, and shall notify all parties of its action. 1 10/24/95 SUPPLEMENTARY CONDITIONS 00800-12 a LIMITING CONDITIONS 1 1 . THE PERMITTEE SHALL IMPLEMENT THE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE ANY ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL ENVIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE di NECESSARY MEASURES DURING THE CONSTRUCTION PERIOD, INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED AROUND NEWLY INSTALLED STRUCTURES, TO REDUCE EROSION, TURBIDITY, NUTRIENT LOADING AND SEDIMENTATION IN THE RECEIVING WATERS. 2 . WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE'S PROPERTY OR INTO SURFACE WATERS OF THE STATE WILL BE SUBMITTED TO THE DISTRICT AS REQUIRED BY SECTION 5.9, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994. " PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 62-302, F.A.C. IF WATER QUALITY DATA IS REQUIRED, THE PERMITTEE SHALL PROVIDE DATA ON VOLUMES OF WATER DISCHARGED, INCLUDING TOTAL VOLUME DISCHARGED DURING THE DAYS OF SAMPLING AND TOTAL MONTHLY DISCHARGES FROM THE PROPERTY OR INTO SURFACE WATERS OF THE STATE. 3 . THIS PERMIT SHALL NOT RELIEVE THE PERMITTEE OF ANY OBLIGATION TO OBTAIN NECESSARY FEDERAL, STATE, LOCAL OR SPECIAL DISTRICT APPROVALS. 4 . THE OPERATION PHASE OF THIS PERMIT WILL NOT BECOME EFFECTIVE UNTIL THE DISTRICT'S ACCEPTANCE OF CERTIFICATION OF THE COMPLETED SURFACE WATER WATER MANAGEMENT SYSTEM. THE PERMITTEE SHALL REQUEST TRANSFER OF THE PERMIT TO THE RESPONSIBLE OPERATIONAL ENTITY ACCEPTED BY THE DISTRICT, IF DIFFERENT FROM THE PERMITTEE. THE TRANSFER REQUEST CAN BE SUBMITTED CONCURRENTLY WITH THE CONSTRUCTION COMPLETION CERTIFICATION. di 5 . ALL ROAD ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET FORTH IN SECTION 6.5, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994. " 6 . ALL BUILDING FLOOR ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET FORTH IN SECTION 6.4, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - 11'111 MARCH, 1994. " 7 . OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT WILL BE MADE ONLY 4 THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT. di 8 . A PERMIT TRANSFER TO THE OPERATION PHASE SHALL NOT OCCUR UNTIL A RESPONSIBLE ENTITY MEETING THE REQUIREMENT IN SECTION 9.0, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994, " HAS BEEN ESTABLISHED TO OPERATE AND MAINTAIN THE SYSTEM. THE ENTITY MUST BE PROVIDED WITH SUFFICIENT OWNERSHIP OR LEGAL INTEREST SO THAT IT HAS CONTROL OVER ALL WATER MANAGEMENT FACILITIES AUTHORIZED HEREIN. 9 . THE PERMIT DOES NOT CONVEY TO THE PERMITTEE ANY PROPERTY RIGHT NOR ANY RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIE D IN THE PERMIT AND CHAPTER 40E-4, FAC. 10. THE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION, OPERATION, MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY THE PERMIT. di 10/24/95 SUPPLEMENTARY CONDITIONS 00800-13 4 11 . THIS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH di REASONABLY DEMONSTRATES THAT ADVERSE WATER RESOURCE RELATED IMPACTS WILL NOT BE CAUSED BY THE COMPLETED PERMIT ACTIVITY. SHOULD ANY ADVERSE IMPACTS CAUSED BY THE COMPLETED SURFACE WATER MANAGEMENT SYSTEM OCCUR, THE DISTRICT WILL REQUIRE THE PERMITTEE TO PROVIDE APPROPRIATE MITIGATION TO +i THE DISTRICT OR OTHER IMPACTED PARTY. THE DISTRICT WILL REQUIRE THE PERMITTEE TO MODIFY THE SURFACE WATER MANAGEMENT SYSTEM, IF NECESSARY, TO 4 ELIMINATE THE CAUSE OF THE ADVERSE IMPACTS. a 12. WITHIN 30 DAYS OF ISSUANCE OF THIS PERMIT, THE PERMITTEE OR AUTHORIZED AGENT SHALL NOTIFY THE DISTRICT (VIA THE SUPPLIED CONSTRUCTION di COMMENCEMENT NOTICE OR EQUIVALENT) OF THE ACTUAL OR ANTICIPATED CONSTRUCTION START DATE AND THE EXPECTED COMPLETION DATE. 13. WHEN THE DURATION OF CONSTRUCTION EXCEEDS ONE YEAR, THE PERMITTEE OR d AUTHORIZED AGENT SHALL SUBMIT CONSTRUCTION STATUS REPORTS ON AN ANNUAL BASIS (VIA THE SUPPLIED ANNUAL STATUS REPORT OR EQUIVALENT) BEGINNING ONE 440 YEAR AFTER THE INITIAL COMMENCEMENT OF CONSTRUCTION. di 14. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER MANAGEMENT SYSTEM, THE PERMITTEE OR AUTHORIZED AGENT SHALL FILE A WRITTEN di STATEMENT OF COMPLETION AND CERTIFICATION BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER. THESE STATEMENTS MUST SPECIFY THE ACTUAL DATE OF CONSTRUCTION COMPLETION AND MUST CERTIFY THAT ALL FACILITIES HAVE BEEN CONSTRUCTED IN SUBSTANTIAL CONFORMANCE WITH THE PLANS AND SPECIFICATIONS APPROVED BY THE DISTRICT (VIA THE SUPPLIED CONSTRUCTION COMPLETION/ CONSTRUCTION CERTIFICATION OR EQUIVALENT) . THE CONSTRUCTION COMPLETION CERTIFICATION MUST INCLUDE, AT A MINIMUM, EXISTING ELEVATIONS, LOCATIONS AND DIMENSIONS OF THE COMPONENTS OF THE WATER MANAGEMENT FACILITIES. ADDITIONALLY, IF DEVIATIONS FROM THE APPROVED DRAWING ARE DISCOVERED DURING THE CERTIFICATION PROCESS, THE CERTIFICATION MUST BE ACCOMPANIED BY A COPY OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOTED. III 15. WITHIN 30 DAYS OF ANY SALE, CONVEYANCE OR OTHER TRANSFER OF ANY OF THE LAND WHICH IS PROPOSED FOR DEVELOPMENT UNDER THE AUTHORIZATION OF THIS ig PERMIT, THE PERMITTEE SHALL NOTIFY THE DISTRICT OF SUCH TRANSFER IN WRITING VIA EITHER FORM 0483, REQUEST FOR PERMIT TRANSFER; OR FORM 0920, REQUEST FOR TRANSFER OF SURFACE WATER MANAGEMENT CONSTRUCTION PHASE TO OPERATION PHASE (TO BE COMPLETED AND SUBMITTED BY THE OPERATING ENTITY) , di IN ACCORDANCE WITH SECTIONS 40E-1.6105 AND 40E-4.351, F.A.C. 16. A PRORATED SHARE OF SURFACE WATER MANAGEMENT RETENTION/DETENTION AREAS, a SUFFICIENT TO PROVIDE THE REQUIRED FLOOD PROTECTION AND WATER QUALITY TREATMENT, MUST BE PROVIDED PRIOR TO OCCUPANCY OF ANY BUILDING OR RESIDENCE. 17. A STABLE, PERMANENT AND ACCESSIBLE ELEVATION REFERENCE SHALL BE ESTABLISHED ON OR WITHIN ONE HUNDRED (100) FEET OF ALL PERMITTED DISCHARGE STRUCTURES NO LATER THAN THE SUBMISSION OF THE CERTIFICATION REPORT. THE LOCATION OF THE ELEVATION REFERENCE MUST BE NOTED ON OR WITH THE CERTIFICATION REPORT. 4 18. IT IS THE RESPONSIBILITY OF THE PERMITTEE TC.. .:4SURE THAT ADVERSE OFF-SITE WATER RESOURCE RELATED IMPACTS DO NOT OCCUR _:.;RING CONSTRUCTION. 19. THE PERMITTEE MUST OBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION 'd DEWATERING, UNLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUANT TO SUBSECTION 40E-20.302(4) , F.A.C. 10/24/95 SUPPLEMENTARY CONDITIONS 00800-14 di Ai a SPECIAL CONDITIONS di 1 . THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION, SHOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. 1 di 2 . MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER. di 3 . THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO BE NECESSARY. 4 . FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT AN APPROVED MODIFICATION OF THIS PERMIT. 4 di 5 . OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF THE MONROE COUNTY PUBLIC WORKS ROAD & BRIDGE DEPARTMENT. A di a to di di toi r1 10/24/95 SUPPLEMENTARY CONDITIONS 00800-15 I SECTION 00850 PUBLIC CONSTRUCTION BOND STATE OF FLORIDA ) ss COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS that as Principal, hereinafter called Contractor, and -11 as Surety, hereinafter called Surety are held and firmly bound unto Monroe County, Florida as Obligee, hereinafter called Owner, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and jo intly assigns, oint) g Y and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , entered into a Contract with the Owner for: ROADWAY DRAINAGE IMPROVEMENTS PHASE IV Stock Island to Marathon Monroe County, Florida in accordance with the Drawings and Specifications which Contract is by reference made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall in all respects promptly and faithfully perform and comply with the terms and conditions of said Contract and his obligations thereunder and shall indemnify the Owner and save them harmless against and from all costs, expenses and damages arising from the performance of said Contract or the repair of any work thereunder, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, in accordance with the following di terms and conditions: A. The Principal and Surety jointly and severally agree to pay the a Owner any difference between the sum to which the said Principal 09/21/95 PUBLIC CONSTRUCTION BOND 00850-1 I would be entitled on the completion of the Contract, and that sum which the Owner may be obliged to pay for the completion of said work by Contract or otherwise, and any damages, direct or indirect or consequential, which the said Owner may sustain on account of such work, or on account of the failure of said Contractor to properly and in all things, keep and execute all of the provisions of said Contract. B. And this Bond shall remain in full force and effect for a period of one (1) year from the date of acceptance of the project by the Owner and shall provide that the Contractor guarantees to repair or replace for said period of one (1) year all work performed and materials and equipment furnished that were not performed or furnished according to the terms of the Contract, and shall make good, defects thereof which have become apparent before the expiration of said period of one (1 ) year. If any part of the project, in the judgement of the Owner, for the reasons above stated needs to be replaced, repaired or made good during that time, the Owner shall so notify the Contractor in writing. If the Contractor refuses or neglects to do such work within five (5) days from the date of service of such Notice, the Owner shall have the work done by others and the cost thereof shall be paid by the Contractor or his Surety. C. And the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive Notice of any change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications. D. The Surety represents and warrants to the Owner that they have a Best's Key Rating Guide General Policyhoder's Rating of " " and Financial Category of "Class ". IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals, this day of , 19 , A.D., the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 09/21/95 PUBLIC CONSTRUCTION BOND 00850-2 I WITNESSES: (If Sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary Only will attest and affix seal). PRINCIPAL: (affix Signature of Authorized Officer seal) WITNESSES: Name of Firm (affix Signature of Authorized Officer seal) Title Business Address City State Zip WITNESS: SURETY: Corporate Surety (affix Attorney-in-Fact seal) Business Address City State Zip Name of Local Insurance Agency .40 09/21/95 PUBLIC CONSTRUCTION BOND 00850-3 I a CERTIFICATES AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the within bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and .01 that said bond was duly signed, seated, and attested for and in behalf of said Corporation by authority of its governing body. (Corporate Secretary) SEAL STATE OF FLORIDA ) ss COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the 11. Subscribed and sworn to before me this _day of ,19 , A.D. (Attach Power of Attorney) is Notary Public State of Florida-at-Large My Commission Expires: END OF SECTION 00110 09/21/95 PUBLIC CONSTRUCTION BOND 00850-4 rev. 4/22/93 GENERAL INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS Prior to the commencement of work governed by this contract (including the pre-staging of personnel & material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will also ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor may require all Sub-Contractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of the work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: - Certificate of Insurance OR - A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall 10/16/95 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-1 ■ rev. 4/22/94 not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County's Risk Manager. 1 ad • 10/16/95 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-2 E rev. 4/22/93 MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK I To assist in the development of your proposal, the insurance coverages marked with an "X"will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. di WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY Workers' Compensation Statutory Limits WC 1 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 US Longshoremen & Same as Employers' Liability Harbor Workers Act WCJA Federal Jones Act Same as Employers' Liability 4 r I r i INSCKLST 1 ,� 10/16/95 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-3 all rev. 4/22/93 • GENERAL LIABILITY As a minimum, the required general liability coverages will include: - Premises Operations - Products and Completed Operations - Blanket Contractual - Personal Injury - Expanded Definition of Property Damage Required Limits: GL1 $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage OR $300,000 Combined Single Limit GL2 $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage OR $500,000 Combined Single Limit GL3 X $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage OR $1,000,000 Combined Single Limit Required Endorsement: GLXCU X Underground, Explosion and Collapse (XCU) a GLLIQ Liquor Liability All endorsements are required to have the same limits as the basic policy. I ilk I INSCKLST 2 10/16/95 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-4 3 VEHICLE LIABILITY rev. 4/22/93 As a minimum, coverage should extend to liability for: - Owned; Nonowned; and Hired Vehicles Required Limits: VL1 $50,000 per Person; $100,000 per Occurrence $25,000 Property Damage OR $100,000 Combined Single Limit VL2 $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage OR $300,000 Combined Single Limit VL3 X $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage OR $1,000,000 Combined Single Limit MISCELLANEOUS COVERAGES BR 1 Builders' Risk Limits equal to the Risk completed project. MVC Motor Truck Cargo Limits equal to the max.value of any 1 shipment. is PRO1 Professional $ 250,000 per Occurrence PRO2 Liability $ 500,000 per Occurrence PROS $1,000,000 per Occurrence POL1 Pollution $ 500,000 per Occurrence POL2 Liability $1,000,000 per Occurrence POL3 $5,000,000 per Occurrence ED 1 Employee $ 10,000 ED2 Dishonesty $100,000 /10 GK1 Garage $ 300,000 ($ 25,000 per Veh.) GK2 Keepers $ 500,000 ($100,000 per Veh.) GK3 $1,000,000 ($250,000 per Veh.) INSCKLST 3 10/16/95 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-5 it. MED 1 Medical $ 500,000/$ 1,000,000 Agg. rev. 4/22/93 MED2 Professional $1,000,000/$ 3,000,000 Agg. MED3 $5,000,000/$10,000,000 Agg. JIF Installation Floater Maximum Value of Equipment Installed VLP1 Hazardous $ 300,000 (Requires MCS-90) VLP2 Cargo $ 500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BLL Bailee Liab. Maximum Value of Property HKL1 Hangarkeepers' $ 300,000 HKL2 Liability $ 500,000 HKL3 $1,000,000 AIR 1 Aircraft $25,000,000 AIR2 Liability $ 1,000,000 AIR3 $ 1,000,000 3 AEO 1 Architects $ 250,000 per Occurrence/$ 500,000 Agg. AEO2 Errors & $ 500,000 per Occurrence/$1,000,000 Agg. AEO3 Omissions $1,000,000 per Occurrence/$3,000,000 Agg. INSURANCE AGENT'S STATEMENT im li I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. illt POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made 1 Insurance Agency Signature BIDDER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature INSCKLST 4 mi iiii 10/16/95 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-6 L rev. 4/22/93 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state's 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 Coverage shall be maintained throughout the entire terms of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor shall 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 will be required to submit updated financial statements from the fund upon request from the County. WC3 , , 10/16/95 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-7 rev. 4/22/93 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND 1 Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: - 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 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 An Occurrence Form policy is preferred. If coverage is provided on a Claims di 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. d di The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. id ,,� 10/16/95 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-8 rev. 4/22/93 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR di CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND do do Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain di 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: di $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage a The Monroe County Board of County Commissioners shall be named as di Additional Insured on all policies issued to satisfy the above requirements. VL3 ,` 10/16/95 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-9 i di rev. 4/22/94 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR di CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND r es Recognizing that the work governed by this contract involves either underground exposures, explosive activities, or the possibility of collapse of a structure, the Contractor's General Liability Policy shall include coverage for the XCU (explosion, collapse, and underground) exposures with limits of liability equal to those of the General Liability Insurance Policy. ii -90 o I ii GLXCU 10/16/95 SUPPLEMENTARY INSURANCE DOCUMENTS 00900-10 iw SECTION 01000 SPECIAL CONDITIONS 4 1 .1 SCOPE A. The Project consists of roadway drainage improvements to local streets located in various areas from Stock Island to Marathon. The Work includes constructing and installing interceptor catch basins and injection wells, swale catch basins, regrading roadway shoulders, leveling and resurfacing, striping, installing reflectors, removing & reinstalling fencing, sodding and other related roadway drainage improvement work as included in the Technical Specifications. 1.2 STANDARD DOCUMENTS as A. Construction shown on the Drawings shall conform to the technical portions of the most recently published edition of Florida D.O.T. Standard Specifications for Roadway Construction, and all appropriate portions of the Monroe ernCounty Public Works Manual, except when otherwise indicated hereinafter. 1 .3 LAYING OUT THE WORK A. The Contractor shall be responsible for establishing all lines and grades together with all reference points as required by the various trades for all work under this Contract. ai B. The Contractor shall provide all labor and instruments and all stakes, templates, and other materials necessary for marking and maintaining all lines and grades. The lines and grades shall be subject to any checking the County Engineer may decide necessary. C. No separate cost item is provided for laying out the work, the cost of which shall be included in the unit prices for items in the bid. 1 .4 CONTRACTOR'S OFFICE A. The Contractor shall provide and maintain an office with telephone facilities where he or a responsible representative of his organization may be reached at any time while work is in progress. Such office 9/21/95 SPECIAL CONDITIONS 01000-1 di may be at any location the Contractor considers desirable within Monroe or Dade County. 1 .5 CARE OF TREES, SHRUBS AND GRASS A. The Contractor shall be fully responsible for maintaining in good condition all cultivated grass plots, trees and shrubs inside the County and D.O.T. right-of-way. Where maintained shrubbery, grass strips or di 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 to the original condition all destroyed or damaged shrubbery, grass areas or pearock areas. He must, however, leave the area in a clean and workmanship condition. Tree limbs which interfere with equipment operation and are approved for pruning shall be neatly trimmed and the tree cut coated with a tree paint. Care of trees, shrubs and grass shall be considered incidental & cost shall be included in the bid price of the items listed in the bid. 1 .6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES A. The Contractor shall be responsible for and make good all damage to pavement beyond the limits of this Contract, buildings, telephone or other cables, water pipes, sanitary pipes, or other structures which may be encountered, whether or not shown on the Drawings. B. Information shown on the Drawings as to the location of existing utilities has been prepared by the most reliable data available to the Engineer. This information is not guaranteed, however, and it shall be this Contractor's responsibility to determine the location, character and depth of any existing utilities. He shall assist the utility companies, by every means possible to determine said locations. Extreme caution shall be exercised to eliminate any possibility of di any damage to said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities. C. All existing utility castings, including valve boxes, junction boxes, manholes, hand holes, pull boxes, inlets and similar structures in the areas of construction that are to remain in service shall be adjusted by the Contractor or if by mutual agreement, the utility Owner prior to the installation of the asphaltic concrete surface course, to bring them flush with the surface of the finished work. It is the intent that the asphalt concrete surface course shall extend to the edge of the di utility castings, the use of concrete as the surface course is not IN 9/21/95 SPECIAL CONDITIONS 01000-2 acceptable. Adjustment of utility castings to grade shall be considered incidental and shall be included in the cost of the items + listed in the proposal. 1.7 TESTS 111 A. The Contractor will pay for all required tests, including those proving or satisfactory operation of equipment. On asphaltic concrete the manufacturer's supplier's certificate that the material meets the requirements of the specification will be accepted subject to ,,,o verification by the County Engineer. The Contractor shall engage the services of a qualified independent testing laboratory, who shall perform all required tests. Copies of said test results shall be forwarded to the County Engineer and the Contractor. Any and all tests which have to be repeated because of the failure of the tested material to meet specifications shall also be paid for by the Contractor at no additional cost to the Owner. No additional compensation will be made for excess thickness of the asphalt concrete surface course but a price differentiai will be assessed for any thickness less than that shown on the plans. 1 .8 RECORD DRAWINGS A. Record Drawings will not be required for this project. or 1.9 SUBSURFACE INVESTIGATION di A. The Contractor shall be responsible for having determined to his satisfaction, prior to the submission of his bid, the nature & location rid 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 ground water table conditions will not be allowed. 1 .10 PROJECT SIGNS A. A Project sign will be installed by the Contractor. The sign will be provided by Monroe County at no cost to the Contractor. 1.11 MAINTENANCE OF TRAFFIC r 9/21/95 SPECIAL CONDITIONS 01000-3 r A. The Contractor shall be responsible for the proper maintenance control & detour of traffic in the area of construction, during the course of construction. All traffic control & 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 & protection of traffic. di B. Traffic shall be maintained at all times where practical and as more particularly specified hereinafter. No traffic shall be detoured without prior knowledge and approval of the traffic control agency having jurisdiction. The Contractor shall notify such agencies 48 hours in advance of such time he proposes to detour traffic. C. The Contractor shall keep all law enforcement, fire protection and ambulance agencies informed, in advance, of his construction deschedules, 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. rr E. Construction shall be conducted in such a manner to cause the least possible interruption to traffic. Necessary access to and from adjacent properties shall be provided at all times. 1 .12 BARRICADES AND PROTECTION OF WORK • A. The Contractor shall protect his work throughout its length by the ,,, erection of suitable barricades, where required. He shall further indicate his work at night by the maintenance of suitable lights or flares. He shall comply with all laws or ordinances covering the protection of such work and the safety measures to be employed therein. The Contractor shall carry out his work so as not to deny access to private property. All utility access manholes, valves, fire al hydrants, and letter boxes shall be kept accessible at all times. 1 .13 EXTRA NON-CONTRACT WORK • 9/21/95 SPECIAL CONDITIONS 01000-4 r vo A. The Contractor may at his option contract with private owners along the construction route for additional pavement work such as driveways, parking areas, etc., as long as it is understood by both the Contractor & the private party that this work must be permitted by the proper County Authority in accordance with the existing County Ordinances, & has no connection with the Owner & the Owner has & will assume no responsibility for work performed on di said private property. The Contractor should understand that the execution of this contract takes precedence over any other private works. 1 .14 HANDOUT TO RESIDENTS A. To insure that residents in the various areas affected by this project are aware of the scope and intent of the work, the Contractor will distribute to each house in the project a letter similar to that shown ei in Appendix A. Each household shall be informed when they can expect to encounter traffic disruption and this notification shall be given at least 48 hours prior to the commencement of construction. is leg 47, ,` 9/21/95 SPECIAL CONDITIONS 01000-5 S APPENDIX A Date: Residents of: (list name of Street, Subdivision, Key) has been awarded a contract by the (Contractor) Monroe County Board of County Commissioners to improve your residential area by (specify what type work will be performed) We anticipate these improvements will commence sometime during the period (date) to (date). During this period of construction, taa you may experience a short delay in street traffic or a temporary delay in entering or leaving your driveway. At no time will the streets be closed to traffic. This is your tax dollars being put to work for your benefit by your Board of County Commissioners and the Monroe County Public Works Department. Any questions may be directed to: Contractor: (name) (phone no.) Public Works: David S. Koppel, P.E. County Engineer Phone: 292-4426 (Key West) *************** END OF SECTION 01000 it 9/21/95 SPECIAL CONDITIONS 01000-6 it j SECTION 01025 MEASUREMENT AND PAYMENT 1 .0 GENERAL A. The Contractor shall receive and acce pt the compensation provided in the Proposal and the Contract as full payment for furnishing all materials, labor, tools and equipment, for performing all operations necessary to complete the work under the Contract, and also in full payment for all loss or damages arising from the nature of the work, or from any discrepancy between the actual quantities of work and quantities herein estimated by the Engineer, or from the action of the elements or from any unforeseen difficulties which may be encountered during the prosecution of the work until final acceptance by the Owner. B. The prices stated in the proposal include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, 014 labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the work as shown on the plans and specified herein. The basis of payment for an item at the unit price shown in the proposal shall be in accordance with the description of that item in this Section. C. The Contractor's attention is again called to the fact that the quotations for the various items of work are intended to establish a total price for completing the work in its entirety. Should the Contractor feel that the cost for any item of work has not been established by the Bid Form or Payment Items, he shall include the cost for that work in some other applicable bid item, so that his proposal for the project does reflect his total price for completing the work in its entirety. 2.0 MEASUREMENT A. The quantities for payment under this Contract shall be determined for those completed items, in place, ready for service and accepted by the Owner, in accordance with the 10/24/95 MEASUREMENT AND PAYMENT 01025-1 I applicable method of measurement therefore contained di herein. A representative of the Contractor shall witness any field measurements. 3.0 PAYMENT ITEMS A. The first five (5) digits of an item number represent the Section in which the item is specified. Item 1 (00750) General Provisions: a. Measurement and payment of individual items for General Provisions will not be made, rather, all items shall be included in the lump sum price. b. Payment for General Provisions will be made at the Contract lump sum price, which price and payment shall be full compensation for all the Contractor's overhead and profit required to complete the project as speci- fied in the Scope of Work. Item 2 (01000) Maintenance of Traffic: a. Measurement and payment of individual items for Maintenance of Traffic will not be made, rather, all items shall be included in the lump sum price. b. Payment for Maintenance of Traffic will be made at the Contract lump sum price, which price and payment shall be full compensation for construction and maintenance of any necessary detour facilities; the providing of necessary facilities for access to residences, business, etc., along the project; the furnishing, installing and maintaining of traffic control, barricades, railings, warning lights, and other safety devices during construction, the control of dust, and any other special requirements for safe and expeditious movements of traffic as called for in the Specifications and shown on the Drawings. c. Payment for Maintenance of Traffic will be made in the following manner, up to 80% of the lump sum price on the first pay request, dependent upon the percent (%) of de 10/24/95 MEASUREMENT AND PAYMENT 01025-2 work completed. The final 20% will be held until the Final Pay Request. Item 3 (02220) Sitework a. Measurement and payment of individual items for Sitework will not be made, rather all items shall be included in the lump sum price. Measurement and payment for grading of shoulders and any additional fill needed for the shoulder area shall be included in Sitework. b. Payment for Sitework will be made at the Contract lump sum price, which price and payment shall be full 3 compensation for clearing, excavating, backfilling and grading the area required for the construction of the roadway and shoulders as called for in the Specifications and shown on the Drawings. Item 4 (2235) Asphalt Base Course wei a. The quantity of Asphalt Base Course to be paid for, will be the plan quantity as bid unless modified in the field. b. Payment for Asphalt Base Course will be made at the Contract unit price per Square Yard, which price shall be full compensation for labor, equipment, material, testing, transportation, compaction and all incidentals necessary to complete the item in place, including removal of existing asphalt if required. Item 5 (02513) Type S-III Asphaltic Concrete Leveling Course (3" thick) a. The quantity of Type S-III Asphaltic Concrete Leveling Course (3" thick) to be paid for, will be the plan quantity as bid unless modified in the field. .11 b. Payment for Type S-III Asphaltic Concrete Leveling Course (3" thick) will be made at the Contract unit price per Square Yard, which price shall be full compensation for bituminous tack coat, bituminous material, aggregate, labor, equipment, testing, transportation, compaction 10/24/95 MEASUREMENT AND PAYMENT 01025-3 and all incidentals necessary to complete the item in place. Item 6 (02513) Type S-III Asphaltic ConcreteSurface Course (1" thick) a. The quantity of Type S-III Asphaltic Concrete Surface Course (1" Thick) to be paid for, will be the plan quantity as bid unless modified in the field. b. Payment for Type S-III Asphaltic Concrete Surface Course (1" Thick) will be made at theContract unit price per Square Yard, which price shall be full compensation for bituminous tack coat, bituminous material, aggregate, labor equipment, testing, transportations, compaction and all incidentals necessary to complete the item in place. Item 7 4" Solid Yellow Pavement Markings (Thermo) Item 8 4" Yellow Skip-Stripe Markings (Thermo) Item 9 4" White Pavement Markings (Thermo) Item 10 8" White Pavement Markings (Thermo) Item 11 24" White Stopbar (Thermo) (02580) Pavement Markings a. The quantity of Pavement Markings (including di 4" solid, 4" skip, 12" solid and 24" solid) to be paid will be the plan quantity unless modified in the field. This quantity is based upon actual applied striping and does not include measurement of gaps. b. Payment for Pavement Markings will be made at the contract unit price per linear foot, which price shall be full compensation for all materials, tools, equipment, labor and work necessary to complete the item. Item 12 "Stop" Message (Thermo) Item 13 Amber Reflective Pavement Markers (02580) Pavement Markings 10/24/95 MEASUREMENT AND PAYMENT 01025-4 MO a. The quantity of Stop Messages and Amber Reflective Pavement Markers to be paid will be the plan quantity unless modified in the field. b. Payment for Stop Messages and Amber Reflective Pavement Markers will be made at the contract unit price per message, diamond, or reflective marker, which price shall be full payment for all materials, tools, equipment, labor and work necessary to complete the item. Item 14 (02720) Swale Catch Basin a. The quantity of Swale Catch Basins to be paid will be the plan quantity unless modified in the field. b. Payment for Swale Catch Basins will be made at the contract unit price per catch basin, which price shall be full compensation for all materials, tools, equipment, labor and work necessary to complete the item. Item 15 (02720) Storm Pipe a. The quantity of Storm Pipe to be paid will be the plan quantity unless modified in the field. b. Payment for Storm Pipe will be made at the contract unit price per linear foot, which price shall be full compensation for all materials, tools, equipment, labor and work necessary to complete the item. Item 16 (02720) Interceptor Catch Basin Item 17 Injection Well Item 18 Grate and Components a. The quantity of Interceptor Catch Basins, Injection Wells Grates and components to be paid will be the plan quantity unless modified in the field. 1,4 b. Payment for Interceptor Catch Basins, Injection Wells Grates and components will be made at the contract unit price per catch basin, well or grate, which price shall be full compensation for all materials, tools, equipment, labor and work necessary to complete the item. Only one grate and components package will be paid for the existing 10/24/95 MEASUREMENT AND PAYMENT 01025-5 in 2 Catch Basin to be provided by Monroe County. All other grates and components shall be included in the cost of the individual catch basin. Item 19 Delineators a. The quantity of Delineators to be paid will be the plan quantity unless modified in the field. b. Payment for Delineators will be made at the contract unit price per delineator which price shall be full payment for all materials, tools, equipment, labor and work necessary to complete the item. Item 20 Remove and Reinstall Fence a. Measurement and payment of individual items for Removing and Reinstalling Fence will not be made, rather all items shall be included in the lump sum price. b. Payment for Removing and Reinstalling Fence will be made at the Contract lump sum price, which price and payment shall be full compensation for all work related to the removal and reinstallation of the fence as shown on the Drawings. Item 21 (02934) Sod and 2" Sand Screening a. The quantity of Sod and 2" Sand Screening to be paid for, will be the plan quantity as bid unless modified in the field. b. Payment for Sod and 2"Sand Screening will be made at the Contract unit price per Square Foot, which price shall be full compensation for all materials, labor, equipment, and all incidentals necessary to complete the item in place. **************** END OF SECTION 01025 is 10/24/95 MEASUREMENT AND PAYMENT 01025-6 as SECTION 01027 3 APPLICATION FOR PAYMENT 1 .1 SUMMARY This section provides procedures for preparation and submittal of Applications for Payment. 1 .2 FORMAT The Application and Certificate for Payment including the Worksheet is the required format for submitting invoices. A copy of these forms are included in this section. The Owner reserves the right to modify the format to better suit his internal accounting system. 1.3 PREPARATION OF APPLICATIONS A. The Contractor is required to follow the following procedure for filling-out the Application for Payment form. 1 . Present required information in typewritten form. 2. List Contractor's schedule of values on the Application for Payment form identifying the progress, retention, and payment amounts for each item as indicated on the form. 3. List each authorized Change Order on the form, including change order number, date, change in dollar amount, and change in time amount, etc as required. 4. Execute certification by notarized signature of authorized officer. 5. Attach to the Application for Payment, a completed and properly executed Affidavit and Partial Release of Lien form also contained in this section. 1 .4 SUBMITTAL PROCEDURES 1111 A. Initial Payment Application: The following documentation must be submitted prior to processing the initial payment application: it 08/28/95 APPLICATION FOR PAYMENT 01027-1 1 . Approved schedule of values 2. Approved construction schedule 3. Approved submittal schedule B. The initial Application for Payment will not be processed until the Contractor's construction schedule, the schedule of values, and the initial submittal schedule have been received, reviewed and approved by the Owner's Representative. C. Submit an updated construction and submittal schedule with each Application for Payment. D. Pa yment Period: Submit once per month, during the last week of the month. Payment will be made by the Owner approximately 20 days after receipt of completed documentation. E. Submit one (1) copy of each Application for Payment. 1 .5 SUBSTANTIATING DATA A. When the Owner's Representative requires substantiating information, submit data justifying dollar amounts in question. B. Provide one copy of data with cover letter for each copy of submittal. Indicate Application number and date, and line item by number and description. 1 .6 FINAL PAY REQUEST A. When the work has been completed, the Contractor shall; submit a final application for payment, execute a Final Release of Lien and an Affidavit declaring that all bills have been paid in full and submit Consent of Surety to Final Payment form as contained in this Section. B. These documents will be furnished to the Owner on a form similar to those supplied. 2 09/22/95 APPLICATION FOR PAYMENT 01027-2 • 3 —I — o 74 p m D 11 n g — -I z K m v m u) n 2 is O Z i 43 id O Dn 1- 5 -- D ; -4 n c Z o Z v• D Z 111 v o m -1 n > . Z O -O m > > x Zr- m D -In n ,rirkTI —1 D - O O -no z m DO Z D 6 13 ZO -< nm III O O 0 m Z Awl ZC " g p al 3 o x -13 y S m fD A ijr - m - m O II = O G� ,n 0 Z K D cn D -0 j —4 --I r m mlli = D o my -4 G) U O Z -01 0 D a m iiDO m + -1 I, O D D > - Z = c-n0 404 S 08/28/95 APPI ICATIfN PfP PAYnAP IT n,n-» itio iiiOc!'i m 05- 5 mo O oo (-) v m o ? 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StO m 7 > o _AO ii v D SI -I _ co m m N N N N N N N N N 0 C 7 co- ita ill de de 08/28/95 APPLICATION FOR PAYMENT 01027-4 (rr 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 1 forever discharges, MONROE COUNTY, OWNER, their successors and assigns from all suits, causes of action, liens, lien rights, claims or demands of any kind whatsoever, to the extent of the payment to date on account of the furnishing of labor, material or services for the improvement of the following 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 -44 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. a THAT all funds have been collected for F.I.C.A. and withholding taxes have been properly deposited 444 with appropriate agencies or paid to the government as required by law. a 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. a WITNESS MY HAND THIS day of , 19_ a Witness Name of Company A Witness Signature, Title 08/28/95 APPLICATION FOR PAYMENT 01027-5 r. MONROE COUNTY FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that for and consideration of the sum of 1.4 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 tie es 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: • S 11 thereon or in otherwise improving said property situated as above described. 41, 111 IN WITNESS WHEREOF THIS day of , 19 (Witness) (Name of Company) (Notary Public) My commission expires: di 4* rrr 08/28/95 APPLICATION FOR PAYMENT 01027-6 s• Ii CONSENT OF SURETY COMPANY TO FINAL PAYMENT PROJECT: (Address) 1 TO: (Owner) CONTRACTOR: 1 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) a SURETY COMPANY, on bond of (here insert name and address of Contractor) ist CONTRACTOR, herby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligation to (here insert name and address of Owner) di , OWNER, as set forth inthe said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this day of 19_ Surety Company Signature of Authorized Representative Title 4 *************** END OF SECTION 01027 i di 08/28/95 APPLICATION FOR PAYMENT 01027-7 �a L i SECTION 01301 SUBMITTALS PART 1 - GENERAL 1 .1 SUMMARY A. Section includes: Submit to the County Engineer, submittal schedule, shop drawings, product data, certifications and samples required by the Technical Specifications. B. Related Sections: 1 . Section 00750 - GENERAL CONDITIONS 2. Individual submittals required: refer to each specific section, for certifications, shop drawings, product data and sample requirements. C. The Contractor shall allow a minimum of (1) week for review of submittal by the County Engineer (in calendar days). 1 .2 SUBMITTAL SCHEDULE A. The Contractor shall submit within seven (7) days of award of the Contract a preliminary "Submittal Schedule" to the County Engineer for review, modification and response. No payment applications will be processed prior to finalizing the submittal schedule. The "Submittal Schedule" shall contain the following information: 1 . Specification Section number and name. 2. Specification Section paragraph identification which describes submittal requirement. 3. Submittal information required, (i.e., sample, test data, shop drawing, etc.). B. The Contractor shall also supply the following dates in order to meet the project schedule. 1 . Date submittal is scheduled to be submitted and 06/07/95 SUBMITTALS 01301-1 received by the County Engineer. 2. Date Contractor has scheduled to order material or other equipment or the submittal item. a 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 the County Engineer should be aware of. C. The Contractor shall allow a minimum of one (1) week for review of submittal by the County Engineer (in calendar days). D. The submittal master record will then be used to track submittals within the process. m 1 .3 SHOP DRAWINGS A. Submit legible shop drawings in the form of positive printing reproducible transparencies, commonly called sepia prints, suitable for reproduction use on dry print diazo type machines. Sepia prints which cannot be reproduced will be returned to the Contractor for resubmittal. B. Provide shop drawings as complete submittals (no partial sets) on original drawings or information prepared solely by the fabricator or supplier. Deviation from complete submittals will only be allowed by pre-arranged method. "i C. Do not reproduce the Contract Drawings for shop drawing submittals. ■ D. Sheet sizes shall not exceed the size of the Contract Drawings. • E. Each sepia print shall have blank spaces large enough to accept 4" x 4" review stamps of the County Engineer and the Contractor. F. Each sepia print shall carry the following information: 1 . Project name and contract number. 2. Date. 3. Names of: a. The County Engineer 06/07/95 SUBMITTALS 01301-2 ea b. The Contractor c. Supplier d. Manufacturer 4. Identification of product or material. 5. Relation to adjacent structure or materials. 6. Field dimensions, clearly stated as such. 7. Specification Section number. 8. Applicable standards such as ASTM or Federal Specification. 9. Identification of deviations from Contract Documents. 10. Reference to construction drawings by drawing number and/or detail number. G. Submit sepia prints without folds either as flat sheets di if size permits, or rolled in tubes. H. The Contractor shall submit (1) reproducible and (1) copy to the County Engineer. The County Engineer will return (1) copy to the Contractor. 1 .4 PRODUCT DATA ;o A. Product data such as catalog cuts, brochures or manufacturer's sheets may be submitted in lieu of sepia prints if adequately identified. Submit two copies of product data to the County Engineer. B. Modify product data sheets to delete information which is not applicable to the Project. Provide additional information if necessary to supplement standard information. C. Product data sheets that are submitted with extraneous information not deleted and/or modified will be returned without review to the Contractor for resubmittal. D. The Contractor shall submit at a minimum, (1 ) original and (1 ) copy to the County Engineer. The County Engineer will return (1) copy to the Contractor after review. I 06/07/95 SUBMITTALS 01301-3 iir 1 .5 SAMPLES A. Provide samples to illustrate materials, equipment or workmanship, and to establish standards by which completed work may be judged. B. The Contractor shall submit (2) samples to the County Engineer, and (1) will be returned to the Contractor after review. I 1 .6 CERTIFICATIONS A. Provide certifications as required by various technical sections on the Contractor's letterhead stationary. Certifications shall be identified to this Project, dated and bear Contractor's signature in the same format used for the Owner/Contractor agreement. B. Clearly identify the materials referenced and state that the material and the intended installation methods, where applicable, are in compliance with the Contract Documents. Attach manufacturer's affidavits where applicable. is C. The Contractor shall submit (1) original and (1) copies to the County Engineer. The County Engineer will return (1) sets to the Contractor after review. 1 .7 THE CONTRACTOR'S RESPONSIBILITIES A. Before making submittals to the County Engineer, review each submittal, make changes or notations as necessary to conform to the Contract Documents, identify such review with review stamp and forward reviewed submittal with comments to the County Engineer for review. Return submittals not meeting Contract requirements to subcontractors and do not forward such submittals to the County Engineer. B. Submit catalog sheets, product data, shop drawings and where specified, submit calculations, material samples, color chips or charts, test data, warranties and guarantees all at the same time for each submittal item. I C. Verify field measurements and product catalog numbers or 06/07/95 SUBMITTALS 01301-4 as similar data. D. Clearly identify on the submittal and transmittal to the County Engineer in writing of deviations in submittals from the requirements of the Contract Documents. E. AfterEngineer's the County Engineer s review, distribute copies with one copy to be maintained at the Project Site for reference use and other copies distributed to suppliers and fabricators. F. Do not begin the Work which requires submittals until return of submittals with the County Engineer's stamp and initials indicating '" review. G. The Contractor's responsibility for errors and omissions in submittals is 411 not relieved by the County Engineer's review of submittals. H. The Contractor's responsibility for deviations in submittals from requirements of the Contract Documents is not relieved by the County Engineer's review of submittals unless the County Engineer gives written acceptance of specific deviations. S 1 .8 THE ENGINEER'S RESPONSIBILITIES A. The County Engineer will review submittals with reasonable promptness, checking only for conformance with the design compliance of the Project and compliance with information given in the Contract Documents. B. The County Engineer will make changes or notations directly on the submittal, identify such review with his review stamp, and return the -41 submittal to the Contractor. C. The County Engineer will return to the Contractor, without review, all submittals not bearing the Contractor's review stamp or not showing it has been reviewed by the Contractor. D. The County Engineer will forward submittals to the Contractor and retain one copy for the Owner. The Contractor shall distribute copies including other copies distributed to suppliers and se 06/07/95 SUBMITTALS 01301-5 fabricators. The Contractor shall supply copies of reviewed submittals to the County's Inspector in sufficient quantity to allow proper coordination of the Contract. **************** END OF SECTION 01301 fgo is a a I ii I 1 r I a 06/07/95 SUBMITTALS 01301-6 S SECTION 01560 TEMPORARY CONTROLS PART 1 - GENERAL 1 .1 SUMMARY A. Section Includes: *11 1 . Water control +� 2. Dust control 3. Erosion and sediment control 4. Pollution control 1 1 .2 WATER CONTROL A. Site Grading Contractor shall grade site to drain. B. Protect site from puddling or running water. Provide water barriers to protect site from soil erosion. Maintain excavations free of water. Provide, operate, and maintain pumping equipment if necessary. 1.3 DUST CONTROL A. Execute the Work by methods to minimize raising dust from construction operations. B. Provide positive means to prevent airborne dust from dispersing into atmosphere. 1 .4 EROSION AND SEDIMENT CONTROL di 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. ,r 08/28/95 TEMPORARY CONTROLS 01560-1 .■ I a D. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays. E. Inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. „ 1 .5 POLLUTION CONTROL _1 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. it *************** END OF SECTION 01560 di a r rr 08/28/95 TEMPORARY CONTROLS 01560-2 up SECTION 01595 CONSTRUCTION CLEANING PART 1 - GENERAL 1 .1 SUMMARY A. Section includes: Cleaning during progress of work. 1 .2 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal comply operations to with 4,11 p codes, ordinances, regulations, and anti-pollution laws. ri 1 . Do not burn or bury rubbish and waste materials on Project Site. PART 2 - PRODUCTS 2.1 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. PART 3 - EXECUTION 3.1 DURING CONSTRUCTION A. Execute cleaning to keep the Work, the Site and adjacent properties free from accumulations of waste i materials, rubbish and windblown debris, resulting I from construction operations. B. Provide on-site containers for the collection of waste materials, debris, and rubbish. C. Dispose of waste materials, debris and rubbish off the site. D. Trash containers shall be provided by Contractor and located in trash accumulation areas designated by the County Engineer. Contractor each day shall collect and • 9/21/95 CONSTRUCTION CLEANING 01595-1 r deposit in the containers, all rubbish, waste materials, debris, and other trash from his operations, including any trash generated by his employees during Lunch periods or coffee breaks. Shipping dunnage is to be removed by the receiving Contractor. Paper, boxes and bulk packaging shall be folded or cut into reasonable sizes and shapes as appropriate and confined to prevent loss of trash due to wind relocation. Full + trash containers shall be disposed and replaced as necessary to maintain above requirements and/or as directed by the County Engineer. si I **************** END OF SECTION 01595 di 141 I a 9/21/95 CONSTRUCTION CLEANING 01595-2 a SECTION 01630 POST-BID SUBSTITUTIONS a PART 1 - GENERAL 1 .1 SUMMARY A. Section includes: Post-bid substitutions • 1 .2 SUBSTITUTIONS di A. Base Bid shall be in accordance with the Contract Documents. B. After the end of the bidding period, substitution requests will be considered only in the case of: ,r 1 . Product unavailability 2. Other conditions beyond the control of the Contractor. a 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 di 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 08/28/95 POST-BID SUBSTITUTIONS 01630-1 r. a 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. id D. Substitutions will not be considered for acceptance when: 1 . A substitution is indicated or implied on shop drawings or product data submittals without a formal request from Bidder. de 2. Acceptance will require substantial revision of Contract Documents. 3. In judgement of the County Engineer the substitution +r1 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 a acceptance of the County Engineer. F. County Engineer will determine acceptability of proposed substitutions. G. No verbal or written approvals other than by Change Order will be valid. 1 .3 CONTRACTOR'S REPRESENTATION A. In making formal request for substitution the Contractor represents that: 1 . The proposed product has been investigated and it has been determined that it is equivalent to or superior in all respects to the product specified. 2. The same warranties or bonds will be provided for the r substitute product as for the product specified. ,�, 08/28/95 POST-BID SUBSTITUTIONS 01630-2 .00 4 3. Coordination and installation of the accepted substitution im into the Work will be accomplished and changes as may be required for the Work to be complete will be 44 accomplished. 4. Claims for additional costs caused by substitution which may subsequently become apparent will be waived by 40) the Contractor. 5. Complete cost data is attached and includes related costs under the Contract, but not: 40 a. Costs under separate contracts. S 1 .4 POST-BID SUBSTITUTION FORM A. The form is attached to this section. B. Substitutions will be considered only when the attached form is completed and included with the submittal with back-up data. To: County Engineer 5100 College Road Key West, Fl. 33040 S We hereby submit for your consideration the following product instead of the specified item for the above project: DRAWING NO. DRAWING NAME 04 SPEC. SEC. SPEC. NAME PARAGRAPH SPECIFIED ITEM 1 Proposed Substitution: I Attach complete information on changes to Drawing and/or Specifications which proposed substitution will require for its proper installation. Submit with request necessary samples and substantiation data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. The undersigned certifies that the function, appearance and quality are of equal performance and assumes liability for equal r 08/28/95 POST-BID SUBSTITUTIONS 01630-3 performance, equal design and compatibility with adjacent materials. Submitted By: Signature Title Firm Address Telephone Date Signature shall be by person having authority to legally bind his firm to the above terms. Failure to provide legally binding signature will result in retraction of approval. For use by the County Engineer: Approved Not Approved Approved as noted Insufficient data received By Date Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes. B. Will the undersigned pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? Yes No If no, fully explain: s 08/28/95 POST-BID SUBSTITUTIONS 01630-4 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: 3 G. Itemized comparison of specified item(s) with the proposed substitution; list significant variations: di H. This substitution will amount to a credit or extra cost to 411 the Owner of: dollars ($ ). I. Designation of maintenance services and sources: (Attach additional sheets if required.) II **************** END OF SECTION 01630 08/28/95 POST-BID SUBSTITUTIONS 01630-5 1 ii e MONROE COUNTY TECHNICAL SPECIFICATIONS :t ROADWAY DRAINAGE IMPROVEMENTS PHASE IV Stock Island to Marathon Monroe County, Florida fro7 0 7z,,, 18 24 5� r ri ilk 17:... ....7 �_N ti11MIi « 4C r. MVV, iy h ISM i -;. -4----„zm E.; r u ti 'away IM tN I BOARD OF COUNTY COMMISSIONERS Wilhelmina G. Harvey, District 1 Mayor Pro—Tern Jack London, District 2 Mayor Dr. Shirley Freeman, District 3 Keith L. Douglass, District 4 Mary Kay Reich, District 5 COUNTY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS James L. Roberts Dent Pierce CLERK OF THE CIRCUIT COURT COUNTY ENGINEER Danny L. Kolhage David S. Koppel, P.E. September, 1995 Prepared By: MONROE COUNTY PUBLIC WORKS • ENGINEERING DEPARTMENT SECTION 02209 REGRADING ROADWAY SHOULDERS PART 1 - GENERAL 711 1 .1 WORK INCLUDED di A. The Work specified in this Section consists of the regrading of roadway shoulders. The Work shall be done in accordance with these specifications and in conformity with the lines, grades, notes and typical roadway section as shown on the Drawings. Where required by field conditions, additional limerock, pearock and/or sand shall be imported for regrading the shoulders. The shoulders shall be regraded with the same material as existed before work began. PART 2 - PRODUCTS 2.1 MATERIALS A. Source: It is anticipated that existing material from the cut and fill operations be used, however should additional material be required it shall be crushed local limerock. However, the limerock shall be covered with 1/4 - 1/2" pearock or sand if the existing material is pearock or sand. B. Composition: The limerock material shall contain not less than 70 percent of carbonates of calcium and magnesium and not more than 0.5 percent of organic material or objectionable matter and shall show no significant tendency to air slake or undergo any chemical change under exposure to weather. The maximum percentage of water sensitive clay material shall be 3. C. Gradation: Maximum size of the limerock shall be 1-3/4" inches, of which at least 75 percent (by weight) of the material shall pass a 1 1/2-inch sieve and the material shall be graded uniformly down to dust. The fine material shall consist entirely of dust of fracture. All crushing or breaking up which might be necessary in order to meet such size requirements shall be done before the ri material is placed on the shoulder. 9/22/95 REGRADING ROADWAY SHOULDERS 02209-1 err it D. Quality: The limerock material shall be uniform in quality and shall not contain cherty or other extremely hard pieces or lumps in iis sufficient quantity to prevent bonding or the obtaining of a 141 smooth surface free from excessive pits and pockets. The limerock material shall be nonplastic, and the liquid limit shall not exceed 35. r111 PART 3 - EXECUTION 3.1 GENERAL A. Equipment: All equipment necessary for the proper regrading of the shoulders shall be on the project and in first-class working condition. B. Limits of Construction: The Contractor shall regrade the shoulders to the limits shown on the typical roadway section as shown on the Drawings. 3.2 PREPARATION r A. Clearing and Grubbing: 1 . Clearing and grubbing shall consist of the complete removal and disposal of all trees, brush, stumps, roots, grass, weeds, rubbish and all other obstructions resting on or protruding through the surface of the existing ground. 2. Clearing and grubbing shall be accomplished as required in areas of new roadway construction and regrading of roadway shoulders. 3. Where excavation is done for roadway construction, all 44 stumps, roots, etc., protruding through or appearing on the surface shall be removed to a depth of not less than 2-feet below the completed surface. id 4. Areas of shoulder regrading shall be stripped of stumps, roots, and other debris projecting through or appearing on the surface to a depth of 4-inches. 5. As an exception to the above provisions, where so 9/22/95 REGRADING ROADWAY SHOULDERS 02209-2 im directed by the County Engineer, desirable trees shall be rr trimmed, protected and left standing. 6. Removal of existing pavement as shown on the Plans. a B. Removals: Complete all removals prior to filling and/or placement of asphalt base. Pavement shall be saw cut to true it lines at limits of removal, and the remaining work shall remain undisturbed during removal work. C. Debris Disposal: All clearing and grubbing debris and any other debris generated by the construction work shall be removed from the project site and disposed of by the Contractor. 3.3 PERFORMANCE A. Transporting Material: The material shall be transported to and dumped on the shoulder at the point where it is to be used. No dumping on the asphaltic surface shall be done. B. Spreading: The material shall be spread uniformly and grading performed in a manner that no damage to the asphaltic surface shall be done. C. Compacting: The regraded areas of the roadway shoulders shall be compacted sufficiently to assure that no rutting or other distortion will occur when driven on by normal vehicular traffic. D. Density Tests: None required. **************** END OF SECTION 02209 9/22/95 REGRADING ROADWAY SHOULDERS 02209-3 • SECTION 02220M PA EXCAVATION AND BACKFILL so PART 1 - GENERAL 1 .1 WORK INCLUDED A. The work included under this Section consists of clearing, excavating, backfilling, grading and compacting the existing surface required for the construction of the roadway as shown on the Drawings and as specified herein. The County Biologist must be contacted before any vegetation is removed. B. Definitions: 1 . Maximum Density: Maximum weight in pounds per cubic foot of a specific material. do 2. Optimum Moisture: Percentage of water in a specific material at maximum density. a 3. Rock Excavation: Excavation of any hard natural substance which requires the use of explosives and/or special impact tools such as jack hammers, sledges, chisels or similar devices specifically designed for the use in cutting or breaking rock, but exclusive of trench excavating machinery. C. Plan for Excavation: The Contractor shall be responsible for having determined to his satisfaction, prior to the submission of his bid, the conformation of the ground, the character and quality of the substrata, the types and quantities of materials to beencountered, the nature of the groundwater conditions, the prosecution of the work, the general and local conditions and all other matters which can in any way affect the work under this Contract. Prior to commencing the 41) excavation, the Contractor shall submit a plan of his proposed operations to the County Engineer for approval. The Contractor shall consider, and his plan for excavation shall reflect. the 06/11/95 EXCAVATION AND BACKFILL 02220-1 110 equipment and methods to be employed in the excavation. The prices established in the Proposal for the work to be done will reflect all costs pertaining to the work. No claims for extras based on substrata or groundwater table conditions will be allowed. 4,44 1 .2 QUALITY ASSURANCE A. Test borings made on the site are available upon request and are for the Contractor's information only. No testing of the backfilling and base for the roadway is required. I 1.3 JOB CONDITIONS AR A. If, in the opinion of the County Engineer, the existing surface has not been adequately cleared, excavated, backfilled, graded, or compacted, the Contractor will be required to rework the specific area in question to the satisfaction of the County Engineer at no additional cost. PART 2 - PRODUCTS 2.1 MATERIALS A. Suitable: Suitable materials for backfill shall be classified as A-1, A-3 or A-2-4 in accordance with AASHTO Designation M 145 and shall be free from vegetation, organic material, marl, silt or muck. The Contractor shall provide all necessary borrow material to complete the work to the lines and grades indicated. B. Suitable Material to be Placed in Water: Suitable material for fills to be placed in water shall be classified as A-1 or A-3 in accordance with AASHTO Designation A-145. C. Unsuitable: Unsuitable materialsA-2-5, -are classified as A-2 6, A-2-7, A-4, A-5, A-6, A-7 and A-8 in accordance with AASHTO Designation M=145. D. Graded Limerock: Material for backfill below precast structures shall be 3/4-inch graded limerock equal to FDOT Sec.901, Grade 6. 06/1 1/95 EXCAVATION AND BACKFILL 02220-2 r E. Select Material: Select material shall be suitable material that does not contain any rock larger than will pass a 3-inch diameter ring. PART 3 - EXECUTION 3.1 PERFORMANCE A. Excavation: 4,0 1 . The Contractor shall perform all excavation of every description and of whatever substances encountered to the dimensions required for construction and as specified itioth herein. All excavations shall be made by open cut. 2. Walls of the excavation shall be kept vertical and, if required to protect the safety of workmen, the general public, this or other work or structures, or excavation walls, the excavation shall be properly sheeted and braced. Materials encountered in the excavation which have a tendency to slough or flow into the excavation, undermine the banks, Ako weaken the overlying strata, or are otherwise rendered j unstable by the excavation operation shall be retained by sheeting, stabilization, grouting or other approved methods. Excavation for precast or prefabricated structures will not be required to be dewatered. 3. Footings: Cast-in-place concrete footing sides shall be formed immediately after excavation. Forming for the footing sided is specified elsewhere. B. Dewatering (when required): Any water which accumulates in the excavations shall be removed promptly by well point system or by other means satisfactory to the County Engineer in such a manner as to not create a nuisance to adjacent property or public thoroughfare. Pumps and engines for well point systems shall be operated with mufflers and at a minimum noise level suitable to a residential area. The Contractor shall be responsible for any nuisance created due to the disposal of water from his drainage system. -31 C. Stockpiled Materials: Materials removed from the excavation shall be stored and disposed of in a manner which will not interfere with 06/1 1/95 EXCAVATION AND BACKFILL 02220-3 ■r a ii traffic at the site. Material suitable for backfill not needed for backfill at the structure, but needed elsewhere shall be stockpiled until moved and used elsewhere. Material unsuitable for use in backfill shall become the property of the Contractor and shall be removed and disposed of by the Contractor at the Contractor's expense immediately after backfill is placed. D. Backfill: oil 1 . Remainder of Backfill: Selected material from the excavation shall be used for backfilling around the structure. Trash shall not be allowed to accumulate in spaces to be backfilled. Backfill around the structure shall be placed in uniform layers to the level of the water table. Above the water table, backfill material shall be placed in 8-inch layers and compacted to minimum of 95 percent of maximum density as determined by AASHTO Designation T180. Backfilling shall be carried to the finished grades as shown on the Drawings. al *************** END OF SECTION 02220 a a 06/1 1/95 EXCAVATION AND BACKFILL 02220-4 ell .. • SECTION 02235M ASPHALT BASE COURSE a PART 1 - GENERAL 1 .1 WORK INCLUDED A. The work specified in this Section consists of constructing a asphalt base courses in accordance with the specifications and in conformity with the line, grades, widths and thickness shown in the plans. Specific requirements for base widening construction are also contained in this Section. B. The mix utilized by this Section shall be ABC-2 as outlined in the most recently published edition of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction Section 280, or equal. 1 .2 QUALITY ASSURANCE A. Standards: Construction of asphaltic base course shall be in accordance with Section 280 of the most recently published edition Standard Specifications for Road and Bridge Construction, of the Florida D.O.T., and Supplemental Specifications thereto, hereinafter referred to as F.D.O.T. Specifications, except as amended herein. The F.D.O.T. Specifications are hereby made a part of this contract to the extent they are applicable thereto & shall be as binding upon the Contract as though reproduced herein in their entirety. B. Lab analysis shall be performed by a Certified Testing Laboratory on all materials used. The results of such tests shall be submitted to the County Engineer upon request. PART 2 - PRODUCTS 111 2.1 MATERIALS A. Bituminous Material: Asphalt cement, Viscosity Grade AC-20 or AC-30, shall conform with the requirements of F.D.O.T. Specifications, Section 916-1 . I irr 06/1 1/95 ASPHALT BASE COURSE 02235-1 B. Coarse Aggregate: Coarse aggregate, stone or slag shall conform with the requirements of F.D.O.T. Spec., Sec. 332. C. Fine Aggregate: Fine aggregate shall conform with the requirements of F.D.O.T. Specifications, Section 902-3. D. Mineral Filler: Mineral Filler shall conform with the requirements of F.D.O.T. Specifications, Section 917-1 and 917-2. 2.2 GENERAL COMPOSITION OF MIXTURE A. The bituminous mixture shall be composed of a combination of aggregate (coarse, fine or mixtures thereof), mineral filler, if required, and bituminous material. The several aggregate fractions shall be sized, uniformly graded & combined in such proportions that the resulting mixture will meet the grading and physical properties of the approved job mix formula. l B. The job mix formula shall conform to the requirements of F.D.O.T. Specifications, Sec. 331-4.3 of the 1991 Standards. is PART 3 - EXECUTION 4 a 3.1 TRANSPORTATION OF MIXTURE A. The mixture shall be transported in tight vehicles previously cleaned of all foreign material and, if necessary, each load shall be covered with a waterproof canvas cover of sufficient dimensions to protect it from weather conditions. The inside surface of the trucks may be thinly coated with soapy water, or a mixture of water with not more than five percent of lubricating oil, but no excess of either shall be used. After the trucks are coated and before any mixture is placed therein, they shall be raised so all excess water will drain out. Kerosene, gasoline or similar products shall not be used to prevent adhesion. 3.2 EXCAVATION A. The area in which the road construction is to take place and the Asphaltic Base Course is to be placed shall be excavated to the depth and dimensions shown in the Plans. The underlying soil shall be compacted to the approximate density of the surrounding soil and primed. el 06/11/95 ASPHALT BASE COURSE 02235-2 3.3 PLACING THE MIXTURE A. The asphaltic base course material shall be placed with a mechanical spreading and finishing machine to the thickness shown in the Plans. Prior to the placing, the County Engineer ,41 may require motor grader leveling. A motor grader may be used in spreading the first course of multiple course bases where the subgrade will not support the use of a mechanical spreader. B. It is the intent that the asphaltic base course be placed separately from the surface course. C. Thickness of layers for asphaltic concrete base course construction shall be no more than 3 inches on each pass. 3.4 COMPACTING THE MIXTURE A. The compactive efforts may be applied using a steel roller, or a pneumatic tired roller that will effectively exert a compactive effort. The Contractor shall specify what equipment will be used and what compactive effort (coverage) will be furnished. This must be approved by the County Engineer before the Contractor starts the operation. B. For the asphalt base course placed on a soil subgrade, there will be no density determinations made. C. The completed asphalt base course shall be contiguous to and level with the existing asphaltic pavement. The Contractor is reminded that while a representative slope from the centerline is not required, a measurable pitch in the road is required to assure adequate drainage. ***************** END OF SECTION 02235M 06/11/95 ASPHALT BASE COURSE 02235-3 • SECTION 02513 TYPE S-III ASPHALTIC CONCRETE mi PART 1 - GENERAL 1 .1 WORK INCLUDED A. The work specified in this section consists of the construction of an asphaltic concrete surface course and overlay composed of a mixture of aggregates, mineral filler and asphalt cement properly laid upon a prepared base or a newly constructed leveling course. Unless otherwise indicated on the Drawings, the Contractor shall furnish Type S-III asphaltic is concrete. Asphaltic concrete pavement for around the drain inlets and catch basins shall conform to the following provisions, except placing material may be by hand methods. 1 .2 QUALITY ASSURANCE A. Standards: Construction of Type S-III Asphaltic Concrete surface course shall be in accordance with the Standard Specifications for Road and Bridge Construction, 1991 of the is Florida Department of Transportation, and Supplemental Specifications thereto, hereinafter referred to as F.D.O.T. Specifications, except as amended herein. The F.D.O.T. Specifications are hereby made a part of this Contract to the extent they are applicable thereto and shall be as binding upon the Contract as though reproduced herein in their entirety. B. Laboratory analysis by a Certified Testing Laboratory on all materials shall be complete prior to placement. The result of the laboratory analysis shall be submitted to the County Engineer upon request. PART 2 - PRODUCTS 2.1 MATERIALS A. Bituminous Material: Asphalt cement, Viscosity Grade AC-20 or AC-30, shall conform with the requirements of F.D.O.T. Specifications, Section 916-1 . ■r 10/24/95 SURFACE AND LEVELING COURSE 02513-1 IS B. Coarse Aggregate: Coarse aggregate, stone or slag shall conform with the requirements of F.D.O.T. Specifications, Section 332. 1 C. Fine Aggregate: Fine aggregate shall conform with the requirements of F.D.O.T. Specifications, Section 902-3. D. Mineral Filler: Mineral filler shall conform with the requirements 's of F.D.O.T. Specifications, Section 917-1 and 917-2. 2.2 GENERAL COMPOSITION OF MIXTURE: A. The bituminous mixture shall be composed of a combination of aggregate (coarse, fine, or mixtures thereof), mineral filler, if required, and bituminous material. The several aggregate fractions shall be sized, uniformly graded and combined in such proportions that the resulting mixture will meet the grading and physical properties of the approved job mix formula. A minimum of 15 percent, by weight, of the total aggregate shall consist of screenings meeting with the requirements of Section 902. B. In all cases, the job mix formula shall be within the design ranges specified in the following table. Gradation Design Range Percent by Weight Passing 41. Gradation Design Range Sieve Size % by Weight Passing Type S-III 1/2-inch 100 3/8-inch 88-100 No. 4 60-90 No. 10 40-70 is No. 40 20-45 No. 80 10-30 No. 200 2-7 C. Proportions of silica sand and local materials shall be not more than 25 percent by weight of total aggregate. Local materials shall conform with all requirements of Section 902-6. ,� 10/24/95 SURFACE AND LEVELING COURSE 02513-2 it 2.3 FORMULA FOR JOB MIX air A. The job mix formula shall conform to the requirements of F.D.O.T. Specifications, Section 331-4.3. In addition, al the job mix formula shall include test data showing that the material as produced meets the requirements of the following table: a Min. Marshall Minimum Air Mix Stability Flow VMA Voids Type (lbs. ) (0.01 in.) (%) (%) U S-III 1000 8 - 16 15 3 - 7 The minimum effective asphalt content for Type S-III shall be 5.5 percent. PART 3 - EXECUTION a 3.1 APPLICATION OF ASPHALTIC CONCRETE LEVELING COURSE -41 a A. Requirements: 1 . Requirements consist of the application of 3" iis average (300 lbs./sq. yd.) of Type S-III asphaltic concrete to provide for leveling of the roadway. 2. Pot holes encountered within the roadway surface deeper than 2" or roadway widening using a full depth NO asphaltic concrete base shall be cleaned of loose debris, primed with asphalt, filled with Type S-III asphalt and rolled, prior to the application of the leveling course. a 3. After a thorough brooming, a tack coat in quantities of .02 gallons to .08 gallons per square yard shall be applied to the existing pavement prior to the application of the leveling course. If a surfacing course is not applied over the leveling course, the same day, a tack coat within the quantities above shall be applied to the leveling course prior to application of the surfacing course. 4. Spreading: Spreading shall conform to the applicable provisions of F.D.O.T. Specifications, Section 330-9.3. The leveling course shall not exceed 2" thickness per pass. • 10/24/95 SURFACE AND LEVELING COURSE 02513-3 rr 111 5. Normally streets have an elevated centerline to insure adequate drainage. Specific percentages of cross slope are required. it 6. The centerline of a roadway shall be an equal distance 1,1 from each edge of new pavement, except where a • parking lane is proposed. 3.2 APPLICATION OF ASPHALTIC CONCRETE SURFACE COURSE di 44. A. Requirements: 1 . The surface course requirements consist of the application of 1" minimum compacted thickness, as shown in the Plans of Type S-III asphaltic concrete to provide for surfacing of the road. r 2. After a thorough motorized brooming, a tack coat in quantities of .02 gallons to .08 gallons per square yard shall be applied to the existing pavement prior to the application of the surfacing course. 3. Spreading: Spreading shall conform to the applicable provisions of F.D.O.T. Specifications, Section 330-9.2. The surface course (minimum of 1" thickness compacted) shall be completed in one pass. The longitudinal joint, if required due to the width of the pavement, will be at the center of the total proposed paving width, not offset. 4. Other items, such as materials, mixing, transporting, rolling, joints, etc. shall be as specified by other paragraphs of this section. 3.3 TRANSPORTATION OF MIXTURE: A. The mixture shall be transported in tight vehicles cleaned of all foreign material &, if necessary, each load shall be covered with a waterproof canvas cover of sufficient dimensions to protect it from weather conditions. The inside surface of the truck may be thinly coated with a soapy water, or a mixture of water with not more than 5 percent of lubricating oil, but no excess of either shall be used. After the trucks are coated r 10/24/95 SURFACE AND LEVELING COURSE 02513-4 r • and before any mixture is placed therein, they shall be raised so that all excess water will drain out. Kerosene, gasoline or similar products shall not be used to prevent adhesion. sr 3.4 LIMITATIONS FOR SPREADING A. The mixture shall be spread only when the surface is properly • prepared and is intact, firm, cured and dry. No mixture shall be spread when the air temperature is less than 40 F, nor when the spreading cannot be finished and compacted during • the daylight hours. The temperature of the mix at the time of spreading shall not be less than 230 F. isr 3.5 PLACING MIXTURE reA. The mixture shall be placed in accordance with the requirements of F.D.O.T. Specifications, Section 330-9. err B. Thickness of layers for Type S-Ill asphaltic concrete construction shall be no more than 2" (inches) on each pass. • 3.6 COMPACTING MIXTURE A. The mixture shall be compacted in accordance with the requirements of F.D.O.T. Spec., Sec. 330-10, except that any portion of the project being constructed as an asphaltic concrete base shall be compacted as shown in Sec. 280-8.6. 3.7 JOINTS a A. Joints shall conform with the requirements of F.D.O.T. Specifications, Section 330-11 . rr 3.8 FIELD QUALITY CONTROL A. Surface Requirements: rib 1 . For the purpose of testing the finished surface, a 10-foot straightedge and a standard template cut to the true cross-section of the road shall at all times be available for work. The Contractor shall provide or designate an employee whose duty it is to handle the straightedge • and template in checking all rolled surfaces, under the 10/24/95 SURFACE AND LEVELING COURSE 02513-5 rr direction of the County Engineer or his representative. +r 2. The finished surface shall be such that it will not vary more than 1/4-inch from the template cut to the cross rr section of the road, nor more than 3/16 inch from the 10-foot straightedge applied parallel to the centerline of the pavement. Any irregularity of the surface exceeding the above limits shall be corrected. Depressions which may develop after the initial rolling shall be remedied by loosening or removing the mixture and adding new material to bring the areas to a true surface. No skin patching shall be done. Such portions of the completed pavement as are defective in surface compaction or in composition, or that do not comply with all other requirements of these specifications, shall be taken up and replaced with suitable mixture, properly laid in accordance with these specifications and at the expense of the Contractor. a B. Thickness Requirements: The finished thickness of the compacted asphaltic concrete surface course shall be no less than that shown on the Drawings as determined by the coring. Any surface course found to be less than that thickness shall be removed and replaced. or 441 C. Protection of Pavement: After the completion of the j pavement, no vehicular traffic of any kind shall be permitted on the pavement until it has set sufficiently to prevent rutting or other distortion. a **************** END OF SECTION 02513 di a a 10/24/95 SURFACE AND LEVELING COURSE 02513-6 le SECTION 02580 to PAVEMENT MARKINGS PART 1 - GENERAL 1 .1 WORK INCLUDED A. This Section specifies the furnishing and application of us permanent marking traffic paints, thermoplastic, glass beads, and reflective pavement markings. r 1 .2 QUALITY ASSURANCE A. Pavement marking traffic paints, thermoplastic, glass beads and reflective pavement markings shall be applied in accordance with the most recently published edition of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, the 1990 Roadway and Traffic Design Standards and the Florida Manual on Traffic as Control and Safe Practices for Street and Highway Construction. 111 1 .3 SUBMITTALS A. Submit certificates stating that materials meet Florida Department of Transportation Specifications Sections 706, 711, 971-12,971-13 and 971-14. PART 2 - PRODUCTS rr 2.1 MATERIALS A. White and Yellow Permanent Reflective Pavement Markings Paint: Traffic paint code T1 (white) and T2 (yellow) shall meet with requirements of Section 971-12 in the 1991 F.D.O.T. Standard Specifications for Road and Bridge Construction. 1111 B. Thermoplastic: The Thermoplastic compound used shall meet the requirements set of Section 711 of the 1991 F.D.O.T. Standard Specification for Road and Bridge Construction. 9/22/95 PAVEMENT MARKINGS 02580-1 +rr err C. Glass Beads: Glass beads shall meet the requirements of Section 971-14 of the 1991 F.D.O.T. Standard Specification for • Road and Bridge Construction. D. Type 4 Mono-Directional Amber Reflective Pavement Markers: The markers shall meet the requirements of Section 706-2 of 4.0 the 1991 F.D.O.T. Standard Specification for Road and Bridge Construction. PART 3 - EXECUTION 3.1 APPLICATION di A. Equipment shall conform with F.D.O.T. Standard Specification for Road and Bridge Construction Section 710-3 or 711-3. B. Dimensions and alignment tolerances shall conform with r F.D.O.T. Standard Specifications Section 710-5 and 711-4. C. Application of paint and glass beads shall conform with F.D.O.T. Standard Specification Section 710-6. a D. Application of thermoplastic compound and glass beads for traffic striping, arrows, messages, and markings shall conform with F.D.O.T. Standard Specification Sections 711-2, 711-3, and a 711-4. E. Application of reflective pavement markers shall conform with F.D.O.T. Standard Specification Section 706-3. F. Protection of newly painted stripes or thermoplastic, and or newly applied markers from traffic shall conform with F.D.O.T. Standard Specification Sections 710-7 and 711-6. ***************** END OF SECTION 02580 a 9/22/95 PAVEMENT MARKINGS 02580-2 ■r SECTION 02720 it STORM DRAINAGE STRUCTURES, PIPE AND FITTINGS rr PART 1 - GENERAL 1.1 Work Included A. The work covered and described in this Section includes the re furnishing and construction of culverts, storm sewers, inlets and other drainage structures as shown on the Drawings and specified herein. 1 .2 Related Work A. Section 02220 - Structure Excavation and Backfill B. Section 03000 - Concrete 1.3 Submittals A. Shop Drawings: Shop drawings for the following items shall be submitted for approval. 1 . Grates and Castings 2. Precast structures 1111 B. Pipe certification of quality by the producer shall be delivered to County Engineer ten days prior to installation. is 1.4 Job Conditions A. Maintain traffic during pipe laying operation. PART 2 - PRODUCTS 2.1 Materials A. General: The Contractor must furnish reinforced concrete is culvert pipe. S 08/24/95 STORM DRAINAGE STRUCTURES 02720-1 B. Concrete Pipe: Round concrete pipe shall be reinforced concrete culvert pipe conforming to ASTM Designation C 76, Class III, except when otherwise indicated. Pipe joints shall be rubber gasket joints, and the pipe joint shall be manufactured to rr meet the requirements of the approved type of gasket to be used. Pipe joints and rubber gaskets shall conform to the requirements of Sections 941 and 942 of the FDOT Standard Specifications. C. Brick: Brick for drainage structures shall be dense, hard urned, shale or clay brick conforming to ASTM Designation C 32, Grade MM or C 62, Grade MW, except that brick absorption shall be , between five and twenty-five grams of water absorbed in one minute by dried brick, set flat face down, in 1/8-inch of water. to D. Cement Mortar: Cement mortar for manhole construction shall be one part cement and two parts clean sharp sand to which may be added lime in the amount of not over twenty-five percent volume of cement. It shall be mixed dry and then wetted to proper consistency for use. No mortars that have stood for more than one hour shall be used. E. Concrete: Concrete shall conform to the requirements of Section 03000 Concrete and unless otherwise specified all concrete shall be Class B. I F. Precast Concrete Units: Precast concrete inlets shall conform to applicable requirements of Section 03000 Concrete of these Specifications. Concrete for use in precast units shall be Class A. G. Castings: Castings for inlets and other items shall conform to the ASTM Designation A 48, Class 25. Castings shall be true to pattern in form and dimensions and free of pouring faults and other defects in positions which would impair their strength or otherwise make them unfit for the service intended. No plugging or filling will be allowed. Casting patterns shall conform to those shown or indicated on the Drawings. I a I a 08/24/95 STORM DRAINAGE STRUCTURES 02720-2 11111 0 PART 3 - EXECUTION us 3.1 Preparation A. Pipe Trenches: 1 . Pipe trenches shall be of necessary widths for the proper laying of the pipe and the banks shall be as nearly vertical as practicable. In paved areas the trench shall be vertical and sheeted, if required; the clearance between the pipe and trench wall or back of sheeting shall not exceed 18 inches. The bottom of the trenches shall be excavated to a depth of the outside bottom of the pipe barrel. Any over excavation shall be replaced with suitable compacted material. Excavation for inlets to and other appurtenances shall be sufficient to provide a clearance between their outer vertical surfaces and the face of the excavation or sheeting, if used, of not less than 12-inches. 2. Soft, spongy, or otherwise unstable material encountered below the established grade of the excavation which will not provide a firm foundation for subsequent work shall be rill removed and replaced as directed. Unless otherwise directed, all such unstable materials shall be removed for the full width of the excavation and replaced with di approved fill material. 3. Where sheeting and bracing are necessary to prevent caving of the trench sidewalls or sidewalls of excavation for other structures, and to safeguard the workmen, the trench or excavation for other structures shall be dug 'e to such width that the proper allowance is made for the space occupied by the sheeting and bracing to provide clearance as specified above. 3.2 Installation A. Laying Concrete Pipe: 1 . All pipe shall be carefully laid true to the line and grade shown on the Drawings. Any deviation from true alignment or grade which would result in a displacement all from the normal position of the gaskets much as 1/4-inch, 08/24/95 STORM DRAINAGE STRUCTURES 02720-3 ar • or which would produce a gap exceeding 1/2-inch between sections of the pipe for more that 1/3 of the circumference of the inside of the pipe, will not be acceptable and where such occurs, the pipe shall be rti relaid without additional compensation. No mortar, joint compound, or other filler which would tend to restrict the flexibility of the gasket joint shall be applied to the gap. Pipes having defects that have not caused their rejection are to be so laid that these defects will be in the upper half of the sewer. oil 2. Before installation of the pipe gasket, the gasket and the surface of the pipe joint, including the gasket recess shall be clean and free from grit, dirt, or other foreign matter at the time the joints are made. In order to facilitate closure r of the joint, application of an approved vegetable soap lubricant immediately prior to closing of the joint will be permitted. a 3. All pipes shall be laid with bells or grooves uphill. As the pipes are laid throughout the work, they must be is thoroughly cleaned and protected from dirt and water. No length of pipe shall be laid until the two preceding lengths have been thoroughly embedded in place so as to prevent any movement or disturbance of the finished joint. No walking on or working over the pipes after they di are laid, except as may be necessary in tamping earth and refilling, will be permitted until they are covered to a depth of 1-foot. Fill placed around the pipe shall be deposited on both sides simultaneously to approximately the same elevation and uniformly compacted. B. Drainage Structures 1 . Concrete inlets or other structures shall be constructed in accordance with the Drawings. Forms shall be designed and constructed so that they may be removed without injury to the concrete and shall be left in place for at least 24 hours after concrete is poured. Concrete shall be thoroughly tamped and shall be cured for at least 5 days after removal of forms. Honey-comb places shall be thoroughly cleaned, saturated with water and pointed up with mortar. r a 08/24/95 STORM DRAINAGE STRUCTURES 02720-4 al r 2. Precast inlets or other structures may be used in lieu of cast-in-place structures. Grates are to be set in place in mortar to the proper line and grade. a C. Backfilling for Pipe Culverts and Drainage Structures: 1 . After the pipe has been installed, approved selected material from excavation at a moisture content which will facilitate compaction shall be placed along side the pipe in layers not exceeding 6-inches loose measure in depth. Care shall be taken to insure thorough compaction of the fill under the haunches of the pipe. Each layer shall be dm thoroughly compacted by rolling or tamping with mechanical rammers. This method of filling and compacting shall be continued until the fill is is 12-inches above the pipe, then the remainder of the backfill shall be placed in lifts not exceeding 9-inches. The operation of heavy equipment shall be conducted so is that no heavy damage to the pipe will result. Backfill material 12-inches and above the top of the pipe shall be compacted to not less than 95 percent of maximum density as determined by AASHTO Designation T 180. Selected material for backfill shall not contain any stones or rock larger than 3-inches. Tests for density of compaction may be made at the option of the County Engineer, and deficiencies shall be corrected by the Contractor without additional cost to the County. 2. Backfill for drainage structures shall be placed and compacted in the same manner as specified above for pipe, except the concrete shall be permitted to cure for not less than five days before the backfill is placed. D. Backfilling in Wet Trenches: After the installation of the pipe and drainage structures, backfill material shall carefully and uniformly be simultaneously placed on both sides of the pipe or structure by carefully lowering the material into the trenches ri down to the water surface and then releasing it to settle through the water. Under no circumstances shall backfill material be dumped, pushed or shoved into the wet trench. Backfill material shall be carefully and uniformly rammed around both sides of the pipe to properly bed and support the pipe. No specified density requirement shall apply to backfill carefully placed in wet trenches until the fill has reached a level 1-foot is 08/24/95 STORM DRAINAGE STRUCTURES 02720-5 ■r I above the water, at which elevation and above the backfill densities specified in Paragraph 3.2C. I **************** END OF SECTION 02720 I I I I I r i 08/24/95 STORM DRAINAGE STRUCTURES 02720-6 a SECTION 02934 imi SOLID SODDING PART 1 - GENERAL 1 .1 WORK INCLUDED A. The work specified in this section consists of the establishing of a stand of grass, within the areas indicated on the Drawings, by the furnishing and placing of grass sod, fertilizing, watering and maintaining the sodded areas to assure a healthy stand of grass. 1 .2 SUBMITTALS a A. A certification of sod quality by the producer shall be delivered to the Engineer ten days prior to use. PART 2 - PRODUCTS 2.1 GRASS SOD A. Grass sod shall be Saint Augustine and shall be well matted with grass roots. The sod shall be taken up in rectangles, preferably 12-inch by 24-inch, shall be a minimum of 2 inches in thickness and shall be live, fresh, and uninjured at the time of the planting. It shall be reasonably free of weeds and id other grasses and shall have a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. The sod shall be shaded and kept moist until it is planted. 2.2 FERTILIZER A. Commercial fertilizers shall comply with the state fertilizer laws. id B. The numerical designations for fertilizer indicate the minimum percentages (respectively) of (1 ) total nitrogen, (2) available phosphoric acid, and (3) water-soluble potash contained in 09/22/95 SOLID SODDING 02934-1 a is the fertilizer. C. The chemical designation of the fertilizer shall be 12-8-8. At least 50 percent of the phosphoric acid shall be from normal super phosphate or an equivalent source which will provide a minimum of two units of sulfur. The amount of sulfur shall be indicated on the quantitative analysis card attached to each bag or other container. 111. 2.3 WATER FOR GRASSING rrr A. The water used in the sodding operation may be obtained from any approved spring, pond, lake, stream, or municipal water system. The water shall be free of excess and harmful chemicals, acids, alkalies, or any substance which might be harmful to plant growth or obnoxious to traffic. Salt water shall not be used. PART 3 - EXECUTION 3.1 PREPARATION OF GROUND A. The area over which the sod is to be placed shall be scarified or loosened to a suitable depth and then raked smooth and free from rocks or stones. Where the soil is sufficiently loose, the Owner's Representative, at his discretion may authorize the elimination of ground preparation. After the ground has been suitably prepared an average of 2 inches of sand screenings are to be placed over the area to be sodded. Additional sand may be used to achieve the desired final grade. 3.2 APPLICATION OF FERTILIZER A. The fertilizer shall be spread uniformly over the area to be sodded at the rate of 500 pounds per acre, by a spreading • device capable of uniformly distributing the material at the specified rate. Immediately after spreading, the fertilizer shall be mixed with sand. I B. In lieu of applying fertilizer prior to the placement of the sod, fertilizer may be applied after the sodding has taken place at the same rate per acre along with watering, with the 09/22/95 SOLID SODDING 02934-2 Sr r Engineer's approval. 3.3 PLACING SOD A. The sod shall be placed on the prepared surface (a 2" sand screening base), with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools. B. Sod which has been cut for more than 72 hours shall not be used unless specifically authorized by the Engineer after his iry inspection thereof. Sod which is not planted within 24 hours after cutting shall be stacked in an approved manner and maintained and properly moistened. Any pieces of sod which, after placing, show an appearance of extreme dryness shall be removed and replaced by fresh, uninjured pieces. is C. Sodding shall not be performed when weather and soil conditions are, in the Engineer's opinion, unsuitable for proper results. D. 1/2" sand screenings are to be placed over the sodded d 3.4 WATERING 44 A. The areas on which the sod is to be placed shall contain sufficient moisture, as determined by the Engineer, for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least two weeks. Thereafter, the Contractor shall saturate with water every other day until the sod roots and starts to grow for a minimum of 30 days (or until final acceptance, whichever is latest). The cost of said watering shall be included in the lump sum bid amount for this contract. Sprinklers and hoses shall be provided by the Contractor. 3.5 MAINTENANCE A. The Contractor shall, at his own expense, maintain the sodded areas in satisfactory condition until 10/24/95 SOLID SODDING 02934-3 11111 ,44 r final acceptance of the project. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the di grass stand does not appear to be developing satisfactorily. urn B. Replanting or repair necessary due to the Contractor's negligence, carelessness or failure to provide routine maintenance shall be at the Contractor's expense. i ***************** END SECTION 02934 111 I a UI 09/22/95 SOLID SODDING 02934-4 r SECTION 03000 as CONCRETE di PART 1 - GENERAL 1 .1 Work Included A. The work included in this section consists of furnishing all materials, forms, transportation and equipment, and performing all necessary labor to do all the plain and reinforced concrete r work shown on the Drawings, or incidental to the proper execution of the work, or as specified herein. +rr B. Composition: Concrete shall be composed of cement, fine aggregate, and water, so proportioned and mixed as to produce a plastic workable mixture in accordance with all requirements under this section suitable to the specific conditions of placement. 1.2 Submittals A. All materials specified shall be certified by the producer or manufacturer that the furnished material meets the specific requirements of the specifications. PART 2 - PRODUCTS r 2.1 Materials A. Cement: 1 . Cement: Cement for all concrete shall be domestic Portland cement that conforms to the requirements of ASTM Designation C 150, Type I, Type II, or Type Ill. Type Ill cement for high early strength concrete shall be used only for special locations and only with the approval of the County Engineer. Type II cement shall be used in the construction of sanitary sewer manholes, wet wells and pump stations. "' 8/25/95 CONCRETE 03000-1 i 2. Only one brand of cement shall be used in any individual structure unless approved by the County Engineer. Cement which has become damaged, partially set, lumpy or caked shall not be used and the entire contents oil of the sack or container which contains such cement will be rejected. No salvaged or reclaimed cement shall be used. a B. Fine Aggregate: Fine aggregate shall conform to the requirements of Section 902, Article 902-1 of the Florida Department of Transportation "Standard Specifications for Road and Bridge Construction", dated 1991 . do C. Coarse Aggregate: Coarse aggregate shall conform to the requirements of Section 901 of F.D.O.T. "Standard Specifications r for Road and Bridge Construction", dated 1991, except that slag shall not be used and the gradation shall be grade 57 as approved by the County Engineer. D. Water: Water shall be taken from a potable water supply and shall be fresh, clean and free from injurious amounts of oil, acid, alkali or organic matter. E. Admixtures: No admixtures shall be used except by specific approval of the County Engineer. When approved, admixtures shall meet the following minimum standards. 1 . Air entraining agent: ASTM C 260. 2. Water Reducing and Retarding Admixture: ASTM C 494, Type D and free of chlorides. F. Membrane Curing Compound: Membrane curing compound shall conform to the requirements of AASHTO Designation M 148, Type D and free of chlorides. di G. Reinforcing Steel: 1 . Reinforcing steel shall conform to the requirements of ASTM Designation A 615, Deformed Grade 60, except where otherwise indicated. a a. The name of the manufacturer of the reinforcing steel shall be called out in the shop drawings 111 f101' 8/25/95 CONCRETE 03000-2 1. together with a sketch showing the pattern of the deformation, including the mill mark. b. Bar reinforcement shall be accurately fabricated in accordance with the latest CRSI Manual of Standard Practice. The Contractor shall have prepared and shall submit one copy to the County Engineer necessary shop drawings and bar lists. The Contractor shall be responsible for errors made in the shop drawings even though approved by the 'r County Engineer . 2. Welded wire fabric for concrete reinforcement shall conform to the requirements of ASTM Designation A 185 and shall be formed with smooth cold-drawn wire. a 3. Bar Supports: a. Bar supports for reinforcing steel shall conform to the requirements of CRSI Manual of Standard Practice, Chapter 3 and shall be of a height to furnish the concrete cover called for in the Drawings. High chairs shall be furnished for bent or top bars in solid slabs. Bar supports to be in contact with exterior surfaces of concrete shall be Class C with plastic caps at least 1-inch in length on the leg tips, or Class E with stainless steel legs. Bar supports shall be spaced not more than 100 times the diameter of the bars to be supported, with not more than 1/4 spacing from the end of the supported bars to the first chair. el b. Bar supports for slabs on grade shall be plain concrete blocks, 3-inches high by 4-inches square with tie wires embedded in support. Concrete strength shall be at 3,000 psi at time of use. H. Forms: Forms shall be of wood, steel or other approved materials. The sheeting for all exposed surfaces shall be 5-ply plywood, unless otherwise specifically authorized. Forms of like character shall be used for similarly exposed surfaces in order to produce a uniform appearance. Forming for exposed exterior concrete from 1-foot below finished exterior grade to top of structure shall be carefully fabricated so as to provide a smooth 8/25/95 CONCRETE 03000-3 I finish without defects. The type, size, shape, quality and strength of all materials of which the forms are made shall be subject to the approval of the County Engineer. If it is his opinion that the interior surfaces of the forms are too irregular to produce the specified finish, they shall be lined with smooth, dense, moisture resistant hardboard or other material of which he approves. I. Nonshrink Grout: Nonshrink grout shall be nonmetallic, pre-mixed type and shall be Sauereisen F-100 Level Fill, Master Builders Masterflow 713, Burke Non-Ferrous, Non-Shrink Grout or approved equal. INS 2.2 Classification and Strength of Concrete A. Class and minimum strength requirements for concrete shall be as tabulated below. Unless otherwise specified, Class B concrete shall be used. B. Strength Requirements: Concrete class and strength shall meet the minimum compressive strength requirements at the age of 7 and 28 days as shown in the following table. The compressive strength shall be as determined by standard laboratory cylinder tests in accordance with the procedure set forth in ASTM Designation C31 and C39. (See Article 3.3 of this Section for quantity and testing of cylinders.) Compressive Strength in Pounds Per Square Inch For Design 3 Consecutive Cylinder Average Low Cylinder Class Purposes 7 Days 28 Days 7 Days 28 Days A 4000 2950 4250 2600 3750 B 3000 2100 3200 1850 2800 C 2500 1800 2700 1550 2300 2.3 Properties and Design of Concrete Mix A. Tests and Design Mix 1 . The Contractor, 30 days before the beginning of concrete work shall advise the County Engineer of the proposed sources of the materials, or ready-mixed concrete, which the Contractor intends to use in the work. A design mix which has been used by the concrete "�' 8/25/95 CONCRETE 03000-4 supplier before, may be submitted for approval provided id the proportions and strengths meet the requirements of this specification. 2. The source and manufacturer of material after once having been approved shall not be changed by the Contractor, except as approved by the County Engineer, and additional laboratory tests may be required by the County Engineer to prove conformance with specification requirements. tiii 3. If during the progress of the work, tests indicate that concrete is not being produced in accordance with these Specifications, the County Engineer may order changes in the materials or their proportions so as to i secure concrete as specified. B. Slump: Slumps shall be as low as possible consistent with proper placing. Low slump concrete shall be used for footing and slabs on grade. Medium slump concrete shall be used for walls, columns and suspended slabs. Concrete shall conform to the limits specified in the following schedule: Class of Medium Low Concrete Slump Slump A 4 to 5 inches 2 to 3 inches B 4 to 5 inches 2 to 3 inches C 5 to 6 inches 3 to 4 inches I PART 3 - EXECUTION ,41 3.1 Preparation A. Concrete Mixing: 1 . Equipment: The concrete shall be ready-mixed and the equipment shall conform to the applicable requirements of ASTM Designation C94. 2. Measurement: Equipment necessary to positively determine and control the actual amounts of all materials entering the concrete shall be provided by the 8/25/95 CONCRETE 03000-5 vql Contractor or the concrete manufacturer. All materials shall be measured by weight, except that water may be measured by volume. A bag of cement weighs 94 pounds. 3.2 Installation MIN A. Forms: 1 . Construction: v a. Forms shall be built true to line and grade and shall be mortartight and sufficiently rigid to prevent displacement or sagging between supports. Particular attention shall be given to adequacy of supports and shoring, which is the Contractor's responsibility. The surfaces of forms used for permanently exposed surfaces shall be smooth and free from irregularities, dents, sags, or holes. Forms for surfaces to receive stucco finish shall be suitable for its application. Bolts and rods used for internal ties shall be so arranged that, when the forms are removed, all metal is at least 1 1/2 inch from any EN concrete surface. Form ties shall be removed immediately after removal of forms, and holes shall be thoroughly plugged with grout within 24 hours after form removal and kept damp for 4 days to prevent shrinking. b. Wire ties will not be permitted. All forms shall be so constructed that they can be removed without hammering or prying against the concrete. Unless otherwise indicated, suitable moldings shall be placed to bevel or round exposed edges at expansion joints or at any other corners that are to remain. Beams below grade shall have forms at both sides. 2. Coating: Prior to the placing of steel reinforcement or concrete, forms for exposed surfaces shall be coated with a nonstaining paraffin base oil or mineral oil. Forms for unexposed surfaces may be thoroughly wetted in lieu of oiling, immediately before the placing of concrete. al • 8/25/95 CONCRETE 03000-6 3. Removal: Forms and/or form supports shall not be removed from any concrete until it has obtained sufficient strength to support itself and any live loads it may be subjected to, and then only with the approval of the County Engineer. 4.0 B. Reinforcing Steel: When placed in the forms, reinforcement shall be clean and free of all rust, scale, dust, dirt, paint, oil or other foreign material and shall be accurately and securely positioned in the forms as shown on the Drawings before the in placing of concrete. Reinforcing steel shall be wired or Inv otherwise fastened together at intersections and shall be AY supported by concrete or metal supports, spacers or hangers. Bar supports, where adjacent to the ground, shall be set on precast concrete pads compressed into the subgrade. The i Contractor shall obtain the County Engineer's approval before fastening reinforcing steel at intersections by welding methods. 1 . Splicing of reinforcement shall be held to a minimum and shall be placed at points of minimum stress. Bars shall be lapped at splices a minimum of 24 bar diameters unless otherwise shown on the Drawings or directed by the County Engineer, and shall be rigidly wired or clamped. 2. Wire fabric shall be straightened before placing and shall overlap one full space of mesh at ends and edges and shall be securely fastened. Fabric shall be supported so as to occupy its proper location in the concrete as shown on the Drawings. Fabric shall not cross any expansion joints. C. Embedded Items: In addition to steel reinforcement, pipes, inserts and other metal objects as shown, specified or ordered shall be built into, set in or attached to the concrete. All necessary precautions shall be taken to prevent these objects from being displaced, broken or deformed. Before concrete is placed, care shall be taken to determine that all embedded parts are firmly and securely fastened in place as indicated. They shall be thoroughly clean and free from paint or other coating, rust, scale, oil, or any foreign matter. No wood shall be embedded in concrete. The concrete shall be packed tightly around pipes and other metal work to prevent leakage and to secure perfect adhesion. Drains shall be adequately protected from intrusion of concrete. 8/25/95 CONCRETE 03000-7 go D. Concrete: 1 . General: Reinforcement shall be secured in position, inspected and approved before placing concrete. Runways for transporting concrete shall not rest on reinforcing steel. Concrete not placed within 90 minutes from the time mixing is started will be rejected and shall be removed from the job by the Contractor. Concrete shall be deposited as nearly as possible as nearly as us practicable in final position. Concrete shall not be allowed to drop freely more than six feet. All concrete shall be placed in daylight and (excepting seal concrete) shall be placed in the dry unless otherwise authorized by the County Engineer in writing. 2. Compaction: Concrete shall be compacted by internal vibrating equipment, supplemented by hand rodding and tamping as required. Vibrators shall in no case be used to move the concrete laterally inside the forms. Internal vibrators shall maintain a speed of at least 5000 impulses per minute when submerged in concrete. (At least one spare vibrator in working condition shall be maintained at the site during concrete placing operations.) Duration of vibration shall be limited to time necessary to produce satisfactory consolidation without causing segregation. Vibrator shall be moved constantly and placed in each specific spot only once. 3. Protection: Rainwater shall not be allowed to increase the ratio of mixing water nor to damage the surface finish. 3 Concrete shall be protected from disfigurement, damage, vibration, internal fractures and construction overloads. E. Curing 1 . All concrete, including gunite, shall be water cured by covering with a double thickness of clean burlap, cotton mats, or other approved material kept thoroughly saturated with water. The forms shall be kept wet until removed and upon removal, the curing specified herein -400 shall be started immediately. Concrete shall be cured for a period of 7 days for normal Portland cement or 4 days 8/25/95 CONCRETE 03000-8 for high early strength cement. Concrete poured in the dry shall not be submerged until it has attained sufficient strength to adequately sustain the stress involved nor shall it be subjected to flowing water across its surface until it has cured 4 days. 2. Concrete surfaces which will not be coated, painted, plastered, stuccoed, covered with tile or floor covering or requiring a bonding surface may be cured by means of a membrane curing compound in lieu of the wet cure method. The curing compound shall be applied immediately after a satisfactory surface finish has been completed or forms have been removed. The rate of application of membrane curing compound shall be at least one gallon to every 200 square feet of exposed ii surface to be cured. The membrane curing compound and impervious covering shall be continuous and without defects and shall retain the required moisture in the concrete. Membrane curing compound that becomes damaged by rain, foot traffic or other conditions within 5 days of application shall be reapplied. F. Finishes: 1. As soon as forms can safely be removed, all irregular projections shall be chipped off flush with the concrete surfaces. All voids produced by spacers or any honeycombing shall be pointed up with grout and • troweled flush with the concrete surface immediately after removal of forms and water cured to prevent shrinkage. Honeycombing shall be cut out to expose a sound concrete surface prior to pointing. The use of mortar pointing or patching shall be confined to the repair of small defects in relatively green concrete. Where in the opinion of the County Engineer substantial repairs are required, the defective concrete shall be cut out to sound concrete and repaired with gunite or the concrete shall be removed and reconstructed as directed. 2. Concrete surfaces that are not exposed in the completed work will require no special finish other than such pointing up and rubbing as is necessary to leave them smooth and impervious. 8/25/95 CONCRETE 03000-9 ii ''- 3. Other surfaces which will be exposed in the completed work shall be finished by being rubbed smooth with a float and water or a carborundum brick. The final surface shall be smooth and dense, without pits, irregularities, blow holes or bubbles. 3 G. Grout: 1 . Grout for pointing and patching shall consist of cement and fine aggregate mixed in the proportions used in the concrete and a minimum amount of water to produce a workable grout. 2. Material for grouting pipe shall be of the nonshrink type and shall be mixed and placed as recommended by the manufacturer. 3.3 Field Quality Control A. General: The quality of the concrete as to conformance to the specifications is the entire responsibility of the Contractor until it is accepted in place in the structure and verified by the final cylinder tests made by the laboratory. Arrangements for field testing shall be made by the Contractor with the laboratory as selected by the County Engineer. B. Compressive Tests: Standard laboratory compressive test cylinders will be obtained by the laboratory when concrete is discharged from the mixer at the site of the work. A set of 6 cylinders will be obtained for each 60 cubic yards or fraction thereof placed each day, for each type of concrete. The cylinders will be cured under laboratory conditions and will be tested in two groups of three at 7 and 28 days of age, respectively. $� C. Slump Tests: The laboratory of the County Engineer or his representative will make slump tests of Class A and Class B concrete as it is discharged from the mixer at the site of the work. Slump tests will be made for each 25 cubic yards or "pour" of concrete placed. Slump tests may be made on any batch and failure to meet specified slump requirements will be sufficient cause for rejection of that batch. r xk +m 8/25/95 CONCRETE 03000-10 D. Reports: Proper reports of all tests performed by the laboratory and submitted promptly to the County Engineer. Such reports shall be properly labeled so as to identify the portions of the project into which the materials have been placed. r> as is **************** END OF SECTION 03000 a a> al 4 a 8/25/95 CONCRETE 03000-11 m 444 SECTION 03200 CONCRETE REINFORCING r PART 1 - GENERAL 1 .1 Work Included A. The Work included in this Section consists of providing reinforcing 0 steel and welded wire mesh for cast-in-place concrete. 1.2 Quality Assurance is A. Standards: Unless otherwise indicated, all materials, ,l workmanship and practices shall meet all requirements of the following standards: 1 1 . South Florida Building Code. 2. Standard Building Code. 3. ACI 318-83 Building Code Requirements for Reinforced Concrete including the 1980 Supplement. 4. CRSI Manual of Standard Practice, MSP-2-81 . 1 .3 Submittals 441 A. Complete shop drawings shall be submitted for review, including bar lists and placing Drawings. Drawings shall show the type, spacing and location of metal bar supports, the grade sii of the reinforcing and the name of the manufacturer. The type of coupler splice devices shall be designated. PART 2 - PRODUCTS aii 2.1 Materials A. Reinforcing Bars: ASTM A615, Grade 60, deformed bars of a USA manufacture. Number 2 bars for ties may be plain, Grade 40. B. Welded Wire Fabric: ASTM A185, galvanized. 8/25/95 CONCRETE REINFORCING 03200-1 to C. Metal Bar Supports: CRSI MSP-2, Chapter 3, Class 2, Type B, Stainless Steel Protected Bar Supports. D. Coupler Splice Devices: Caldwell tension couplers capable of developing the ultimate strength of the bar as manufactured by Erico Products, Incorporated, Solon, Ohio. 2.2 Fabrication A. Fabrication shall not begin until the approval of the shop a drawings by the County Engineer has been received. Fabrication shall meet all requirements of the specified standards. Unless otherwise indicated the following shall apply: 1 . Hooks shall be standard hooks. 2. Bottom bars shall extend a minimum of 6-inches into supporting members. 3. Cover is to the outermost stirrup, tie or bar. 4. Splices are permitted only where indicated on the Drawings. PART 3 - EXECUTION 3.1 Installation A. Supporting Reinforcing: Bar supports shall be provided as 111 required by CRSI MSP-2. Top and bottom bars in slabs formed on earth shall be supported on precast concrete block supports except where such bars are properly supported from formwork. Precast concrete block supports are not required in slabs formed on tremie concrete but may be used at the Contractor's option. B. Placing Reinforcing: Placing of reinforcing and welded wire fabric shall be as indicated on the Drawings and as recommended by CRSI MSP-2. Reinforcing shall be securely tied and supported to prevent displacement during concrete placement. C. Welded Wire Fabric: Splices in welded wire fabric shall be such that the overlap between outermost cross wires of each fabric a 8/25/95 CONCRETE REINFORCING 03200-2 rr sheet is not less than the spacing of the cross wires, plus 2-inches. Fabric shall not be extended through expansion joints or construction joints in slabs on grade except as otherwise indicated. D. Coupler Splice: Unless otherwise indicated on the Drawings, full positive tension connections shall be provided. Such devices shall be installed in accordance with the recommendations of the manufacturer. 1 E. Dowels: Dowels shall be wired in position prior to placing concrete. F. Field Bending: Heat shall not be used g to bend bars. Bars shall not be bent after being embedded in concrete. G. Welding: Welding of reinforcing will not be permitted. **************** END OF SECTION 03200 a Ia Ia 8/25/95 CONCRETE REINFORCING 03200-3 NO