HomeMy WebLinkAbout2008-353DSECTION 00001 Standard Specifications.............1...................0..............400....0.................. 2
SECTION 00004 Scope of Work.*, Rate 0004*0*6090*01 1 10044, 0 ,*a** a a a so too *lose 1#00 @,we** '"oose&** 6660, 2
SECTION 00101 Mobilization... 000,40*011*2
SECTION 00102 Maintenance of Traffic........,..,. 110004 ***as 060*00 Rate 6 9 0 0 a a 0 9 a s a I I I I a 0 1 1 a 6 0 a 0 1 4 2
SECTION 00104 Erosion and Water Pollution Control ............................................:........ 5
SECTION 00110 Clearing and Grubbing........................................................................... 7
SECTION 01310 Construction Schedules.......................................................................... 8
SECTION 00120 Excavation and Embankment...,........,, Rate, 0*0.1110 1 at *sole a 4011111II&SWOM 000bot Rate ..... 9
SECTION00160 Stabilizing............................................................................................ 10
SECTION 00285 Optional Base Course................................................................1.......... 10
SECTION 00286 Turnout Construction........................................................................... 10
SECTION 00334 Superpave Asphaltic Concrete..,.,.." 0, 0, ", 0000*0 0 a a 1 0 1 1 1 1 0 0 0 1 6 1 0 a a 9
SECTION 00425 Inlets, Manholes & Junction Boxes....., I*$,& "Islas 00 §*, 0 0*0 009
SECTION 00430 Pipe Culverts and Storm Sewers.......................................................... 11
SECTION 00443 French Drains ............................. . .....1..................... , ... , ...,11
SECTION00550 Fencing..........................................................................11
SECTION00575 Sodding................................................................................................ 13
SECTION 00700 Signing and Pavement Marking........................................................... 16
SECTION 00948 Miscellaneous Types of Pipe....., at a, 11 0,0 ....... ... 16
SECTION 01000 Water and Sewer Utilities.................................................................... 16
SECTION 02670 Flushing, Testing, and Disinfection,, 18
01025-1 Technical Specifications
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Federal Required Contract Provisions
Federal Highway Administration
Funds for this project are derived from federal grants and therefore the successful contractor must comply
with federal guidelines. The federal funds appropriated by the Department of Transportation (DOT), Federal
Highway Administration (FHWA) will be administered through the Florida Department of Transportation (FDOT
or SHA (state highway authority)).
In the event of a conflict between the Federal Requirements listed in this section and other provisions
of the Invitation to Bid, the Federal Requirements will govern and prevail.
1. GENERAL
(1) These contract provisions shall apply to all work performed on the contract by the contractor's
own organization and with the assistance of workers under the contractor's immediate superintendence and to
all work performed on the contract by piecework, station work, or by subcontract.
(2) Except as otherwise provided for in each section, the contractor shall insert in each
subcontract all of the stipulations contained in these Required Contract Provisions, and further require their
inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract
Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions.
(3) A breach of any of the stipulations contained in these Required Contract Provisions shall be
sufficient grounds for termination of the contract.
(4) A breach of the following clauses of the Required Contract Provisions may also be grounds
for debarment as provided in 29 CFR 5.12:
Section I, paragraph 2 (General)
Section 8, paragraphs 1, 21 31 4, and 7; (Payment of Predetermined Minimum Wage)
Section 9, paragraphs 1 and 2a through 2g. (Statements and Payroll)
(5) Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and
Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor
(DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between
the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's
employees or their representatives.
2. PREQUALIFICATION.
NIA, Project is not located on a State Highway System.
3. CONTRACT AWARD
The contract will be awarded on the basis of the lowest responsive bid submitted by a bidder meeting
the requirements of the Invitation to Bid.
4, SELECTION OF LABOR
During the performance of this contract, the contractor shall not:
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a. discriminate against labor from any other State, possession, or territory of the United
States
or
b. employ convict labor for any purpose within the limits of the project unless it is labor
performed by convicts who are on parole, supervised release, or probation.
5. NON-DISCRIMINATION
(1) Contractor Representations. During the performance of the contract, the contractor agrees
as follows:
(a) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex or national origin. Such action
shall include, bur not be limited to the following: employment, upgrading demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other form of
compensation; and selection for training, including apprenticeship. The contractor agrees to
post in conspicuous places, available to employees and applicants for employment, notice
setting forth the provisions of this non-discrimination clause.
(b) The contractor will, in all solicitations or advancements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
(c) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice advising the
labor union or workers' representative of the contractor's commitments under Section 202 of
Executive Order 11246 of September 24, 1965, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(d) The contractor will comply with all provisions of Executive Order No. 11246 of September 24,
1965, and of the rules, regulations and relevant orders of the Secretary of Labor.
(e) The contractor will furnish all information and reports required by Executive Order No. 11246
of September 24, 1965, and by the rules, regulations and orders of the Secretaryof Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor of purposed of investigation to ascertain
compliance with such rules, regulations and orders.
(f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations or orders, this contract may be cancelled,
terminated or suspended in whole or in party and the contractor may be declared ineligible for
further Government contracts in accordance with procedures authorized in Executive Order
No. 11246 of September 24, 1965, and other sanctions may be imposed and remedies
invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule,
regulation or order of the Secretary of Labor, or as otherwise provided by law.
(g) The contractor will include the provisions of sub -paragraphs (a) through (f) in every
subcontract of purchase order unless exempted by rules, regulations or orders of the
Secretary of labor issued pursuant to Section 204 of Executive Order No. 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase
order as may be directed by the Secretary of Labor as a means of enforcing such provisions
including sanctions for noncompliance: provided, however, that in the event the contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a
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result of such direction, the contractor may requires the Untied States to enter into such
litigation to protect the interests of the United States.
(h) The contractor shall keep such records as are necessary to determine compliance with the
equal employment opportunity obligations. All such records must be maintained for a period of
three (3) years following completion of the contract work and be available at reasonable times
and places for inspection by representatives of the County, FDOT and FHWA.
(2) Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to
discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive
orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as
modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO
and specific affirmative action standards for the contractor's project activities under this contract. The Equal
Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the
American Disabilities Act of 1990 (42 U.S.C. 12101 et seg.) set forth under 28 CFR 35 and 29 CFR 1630 are
incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply
with the following minimum specific requirement activities of EEO:
a. The contractor will work with the County, FDOT and the Federal Government in carrying out
EEO obligations and in their review of his/her activities under the contract.
b. The contractor will accept as his operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and
that employees are treated during employment, without regard to their race,
religion, sex, color, national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship, pre -apprenticeship, and/or
on-the-job training"
(3) EEO Officer: The contractor will designate and make known to the County and FDOT an
EEO Officer who will have the responsibility for and must be capable of effectively administering and
promoting an active contractor program of EEO and who must be assigned adequate authority and
responsibility to do so.
(4) Dissemination of Policy: All members of the contractor's staff who are authorized to hire,
supervise, promote, and discharge employees, or who recommend such action, or who are substantially
involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and
contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the
above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted
before the start of work and then not less often than once every six months, at which
time the contractor's EEO policy and its implementation will be reviewed and
explained. The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be given a thorough
indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO
obligations within thirty days following their reporting for duty with the contractor.
C. All personnel who are engaged in direct recruitment for the project will be instructed
by the EEO Officer in the contractor's procedures for locating and hiring minority
group employees.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas
readily accessible to employees, applicants for employment and potential
employees.
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e. The contractor's EEO policy and the procedures to implement such policy will be
brought to the attention of employees by means of meetings, employee handbooks,
or other appropriate means.
(5) Recruitment: When advertising for employees, the contractor will include in all
advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be
placed in publications having a large circulation among minority groups in the area from which the project work
force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct
systematic and direct recruitment through public and private employee referral
sources likely to yield qualified minority group applicants. To meet this requirement,
the contractor will identify sources of potential minority group employees, and
establish with such identified sources procedures whereby minority group applicants
may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining agreement providing for exclusive
hiring hall referrals, he is expected to observe the provisions of that agreement to the
extent that the system permits the contractor's compliance with EEO contract
provisions. (The DOL has held that where implementation of such agreements have
the effect of discriminating against minorities or women, or obligates the contractor
to do the same, such implementation violates Executive Order 11246, as amended.)
C. The contractor will encourage his present employees to refer minority group
applicants for employment. Information and procedures with regard to referring
minority group applicants will be discussed with employees.
(6) Personnel Actions: Wages, working conditions, and employee benefits shall be established
and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer,
demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age
or disability. The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to insure that working
conditions and employee facilities do not indicate discriminatory treatment of project
site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each
classification to determine any evidence of discriminatory wage practices.
C. The contractor will periodically review selected personnel actions in depth to
determine whether there is evidence of discrimination. Where evidence is found, the
contractor will promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such corrective action shall
include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made
to the contractor in connection with his obligations under this contract, will attempt to
resolve such complaints, and will take appropriate corrective action within a
reasonable time. If the investigation indicates that the discrimination may affect
persons other than the complainant, such corrective action shall include such other
persons. Upon completion of each investigation, the contractor will inform every
complainant of all of his avenues of appeal.
(7) Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minority
group and women employees, and applicants for employment.
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b. Consistent with the contractor's work force requirements and as permissible under
Federal and State regulations, the contractor shall make full use of training
programs, i.e., apprenticeship, and on -the job training programs for the geographical
area of contract performance. Where feasible, 25 percent of apprentices or trainees
in each occupation shall be in their first year of apprenticeship or training. In the
event a special provision for training is provided under this contract, this
subparagraph will be superseded as indicated in the special provision.
C. The contractor will advise employees and applicants for employment of available
training programs and entrance requirements for each.
d. The contractor will periodically review the training and promotion potential of minority
group and women employees and will encourage eligible employees to apply for
such training and promotion.
(8) Unions: If the contractor relies in whole or in part upon unions as a source of employees, the
contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for
minority groups and women within the unions, and to effect referrals by such unions of minority and female
employees. Actions by the contractor either directly or through a contractor's association acting as agent will
include the procedures set forth below:
a. The contractor will use best efforts to develop, in cooperation with the unions, joint
training programs aimed toward qualifying more minority group members and
women for membership in the unions and increasing the skills of minority group
employees and women so that they may qualify for higher paying employment.
b. The contractor will use best efforts to incorporate an EEO clause into each union
agreement to the end that such union will be contractually bound to refer applicants
without regard to their race, color, religion, sex, national origin, age or disability.
C, The contractor is to obtain information as to the referral practices and policies of the
labor union except that to the extent such information is within the exclusive
possession of the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to the SHA and shall set
forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of
minority and women referrals within the time limit set forth in the collective bargaining
agreement, the contractor will, through independent recruitment efforts, fill the
employment vacancies without regard to race, color, religion, sex, national origin, age or
disability; making full efforts to obtain qualified and/or qualifiable minority group persons
and women. (The DOL has held that it shall be no excuse that the union with which the
contractor has a collective bargaining agreement providing for exclusive referral failed to
refer minority employees.) In the event the union referral practice prevents the contractor
from meeting the obligations pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the SHA.
(9) Selection of Subcontractors Procurement of Materials and Leasing of Equipment: The
contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in
the selection and retention of subcontractors, including procurement of materials and leases of equipment.
a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO
obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal
opportunity to compete for and perform subcontracts which the contractor enters into
pursuant to this contract. The contractor will use his best efforts to solicit bids from and to
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utilize DBE subcontractors or subcontractors with meaningful minority group and female
representation among their employees. Contractors shall obtain lists of DBE construction
firms from FDOT.
C, The contractor will use his best efforts to ensure subcontractor compliance with their EEO
obligations.
(10) Records and Reports: The contractor shall keep such records as necessary to document
compliance with the EEO requirements. Such records shall be retained for a period of five years following
completion of the contract work and shall be available at reasonable times and places for inspection by
authorized representatives of the County, FDOT and/or the FHWA.
a. The records kept by the contractor shall document the following:
1. The number of minority and non -minority group members and women employed in
each work classification on the project;
2. The progress and efforts being made in cooperation with unions, when applicable, to
increase employment opportunities for minorities and women;
3. The progress and efforts being made in locating, hiring, training, qualifying, and
upgrading minority and female employees; and
4. The progress and efforts being made in securing the services of DBE subcontractors
or subcontractors with meaningful minority and female representation among their
employees.
b. The contractor will submit an annual report to FDOT each July for the duration of the project,
indicating the number of minority, women, and non -minority group employees currently engaged
in each work classification required by the contract work. This information is to be reported on
Form FHWA-1391. If on-the-job training is being required by special provision, the contractorwill
be required to collect and report training data.
6. CIVIL RIGHTS
The following requirements will apply to the awarded contract and any sub -contracts:
(1) Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967,
as amended, 29 U.S.C. §623, the Contractor agrees to refrain from discrimination
against present and prospective employees for reason of age. In addition, the Contractor
agrees to comply with any implementing requirements FHWA may issue.
(2) Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. §12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed
in whole or in part with Federal assistance.
7. NONSEGREGATED FACILITIES
(Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or
more.)
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a. By submission of this bid, the execution of the contractor subcontract, or the consummation
of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid
construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies
that the firm does not maintain or provide for its employees any segregated facilities at any of
its establishments, and that the firm does not permit its employees to perform their services
at any location, under its control, where segregated facilities are maintained. The firm agrees
that a breach of this certification is a violation of the EEO provisions of this contract. The firm
further certifies that no employee will be denied access to adequate facilities on the basis of
sex or disability.
b. As used in this certification, the term 11segregated facilities"
means any waiting rooms, work
areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker
rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or
entertainment areas, transportation, and housing facilities provided for employees which are
segregated by explicit directive, or are, in fact, segregated on the basis of race, color,
religion, national origin, age or disability, because of habit, local custom, or otherwise. The
only exception will be for the disabled when the demands for accessibility override (e.g.
disabled parking).
C, The contractor agrees that it has obtained or will obtain identical certification from proposed
subcontractors or material suppliers prior to award of subcontracts or consummation of
material supply agreements of $10,000 or more and that it will retain such certifications in its
files.
8. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts,
except for projects located on roadways classified as local roads or rural minor collectors, which are
exempt.)
(1) General
a. All mechanics and laborers employed or working upon the site of the work will be paid
unconditionally and not less often than once a week and without subsequent deduction or
rebate on any account [except such payroll deductions as are permitted by regulations (29
CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full
amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment. The payment shall be computed at wage rates not less than those contained in the
wage determination of the Secretary of Labor (hereinafter "the wage determination") which is
attached hereto and made a part hereof, regardless of any contractual relationship which
may be alleged to exist between the contractor or its subcontractors and such laborers and
mechanics. The wage determination (including any additional classifications and wage rates
conformed under paragraph 2 of this Section IV and the DOL poster (WH -1 321) or Form
FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site
of the work in a prominent and accessible place where it can be easily seen by the workers.
For the purpose of this Section, contributions made or costs reasonably anticipated for bona
fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf
of laborers or mechanics are considered wages paid to such laborers or mechanics, subject
to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section,
regular contributions made or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except
as provided in paragraphs 4 and 5 of this Section IV.
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b. Laborers or mechanics performing work in more than one classification may be compensated
at the rate specified for each classification for the time actually worked therein, provided, that
the employer's payroll records accurately set forth the time spent in each classification in
which work is performed.
C. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1,
3, and 5 are herein incorporated by reference in this contract.
(2) Classification
a. The County and/or FDOT shall require that any class of laborers or mechanics employed
under the contract, which is not listed in the wage determination, shall be classified in
conformance with the wage determination.
b. The County and/or FDOT shall approve an additional classification, wage rate and fringe
benefits only when the following criteria have been met:
1. the work to be performed by the additional classification requested is not performed
by a classification in the wage determination;
2, the additional classification is utilized in the area by the construction industry;
3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination; and
4. with respect to helpers, when such a classification prevails in the area in which the
work is performed.
C. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to
be employed in the additional classification or their representatives, and the contracting
officer agree on the classification and wage rate (including the amount designated for fringe
benefits where appropriate), a report of the action taken shall be sent by the contracting
officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards
Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30 -day period that additional time is necessary.
d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be
employed in the additional classification or their representatives, and the contracting officer
do not agree on the proposed classification and wage rate (including the amount designated
for fringe benefits, where appropriate), the contracting officer shall refer the questions,
including the views of all interested parties and the recommendation of the contracting officer,
to the Wage and Hour Administrator for determination. Said Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30 -day period that additional
time is necessary
e. The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the
additional classification from the first day on which work is performed in the classification.
f. * The U.S. Department of Labor Wage Rates applicable to this contract are listed in Wage
Rate Decision Number FL32, as modified up through ten days prior to the bid opening. The
Wage Tables are included in this document. Review the Wage Tables for all classifications
necessary to complete the project. If needed, request additional classifications needed prior
to bid opening. General guidance on the use of Wage Tables is available on the FDOT
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website at www.dot.state.fl.us/construction/wage,htm, The FDOT Wage Rate Coordinator
may be contacted at 850-4144251.
(3) Payment of Fringe Benefits:
a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor
or subcontractors, as appropriate, shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly case equivalent
thereof.
b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or
other third person, he/she may consider as a part of the wages of any laborer or mechanic
the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a
plan or program, provided, that the Secretary of Labor has found, upon the written request of
the contractor, that the applicable standards of the Davis -Bacon Act have been met. The
Secretary of Labor may require the contractor to set aside in a separate account assets for
the meeting of obligations under the plan or program.
(4) Apprentices and Trainees (Programs of the U.S. DOL) and Helpers:
a. Apprentices:
1. Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually registered
in a bona fide apprenticeship program registered with the DOL, Employment and
Training Administration, Bureau of Apprenticeship and Training, or with a State
apprenticeship agency recognized by the Bureau, or if a person is employed in
his/her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but who
has been certified by the Bureau of Apprenticeship and Training or a State
apprenticeship agency (where appropriate) to be eligible for probationary
employment as an apprentice.
2. The allowable ratio of apprentices to journeyman -level employees on the job site in
any craft classification shall not be greater than the ratio permitted to the contractor
as to the entire work force under the registered program. Any employee listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as
stated above, shall be paid not less than the applicable wage rate listed in the wage
determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a contractor or subcontractor
is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of the
journeyman -level hourly rate) specified in the contractor's or subcontractor's
registered program shall be observed.
3. Every apprentice must be paid at not less than the rate specified in the registered
program for the apprentice's level of progress, expressed as a percentage of the
journeyman -level hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrator for the
Wage and Hour Division determines that a different practice prevails for the
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applicable apprentice classification, fringes shall be paid in accordance with that
determination.
4. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship
agency recognized by the Bureau, withdraws approval of an apprenticeship program,
the contractor or subcontractor will no longer be permitted to utilize apprentices at
less than the applicable predetermined rate for the comparable work performed by
regular employees until an acceptable program is approved.
b. Trainees:
1. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior
approval, evidenced by formal certification by the DOL, Employment and Training
Administration,
2. The ratio of trainees to journeyman -level employees on the job site shall not be
greater than permitted under the plan approved by the Employment and Training
Administration. Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any
trainee performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
3. Every trainee must be paid at not less than the rate specified in the approved
program for his/her level of progress, expressed as a percentage of the journeyman -
level hourly rate specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of the trainee program. If the
trainee program does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the Administrator
of the Wage and Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman -level wage rate on the wage
determination which provides for less than full fringe benefits for apprentices, in
which case such trainees shall receive the same fringe benefits as apprentices.
4. In the event the Employment and Training Administration withdraws approval of a
training program, the contractor or subcontractor will no longer be permitted to utilize
trainees at less than the applicable predetermined rate for the work performed until
an acceptable program is approved.
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C. Helpers:
Helpers will be permitted to work on a project if the helper classification is specified
and defined on the applicable wage determination or is approved pursuant to the
conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a
helper wage rate, who is not a helper under an approved definition, shall be paid not
less than the applicable wage rate on the wage determination for the classification of
work actually performed.
(5) Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill training programs
which have been certified by the Secretary of Transportation as promoting EEO in connection
with Federal -aid highway construction programs are not subject to the requirements of
paragraph 4 of this Section. The straight time hourly wage rates for apprentices and trainees
under such programs will be established by the particular programs. The ratio of apprentices
and trainees to journeymen shall not be greater than permitted by the terms of the particular
program.
(6) Withholding:
The County shall upon its own action or upon written request of FDOT or an
authorized representative of the DOL, withhold, or cause to be withheld, from the contractor
or subcontractor under this contract or any other Federal contract with the same prime
contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage
requirements which is held by the same prime contractor, as much of the accrued payments
or advances as may be considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full
amount of wages required by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed orworking on the site of the
work, all or part of the wages required by the contract, FDOT may, after written notice to the
contractor, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations have ceased.
(7) Overtime Requirements:
No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers, mechanics, watchmen, or guards
(including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall
require or permit any laborer, mechanic, watchman, or guard in any workweek in which
he/she is employed on such work, to work in excess of 40 hours in such workweek unless
such laborer, mechanic, watchman, or guard receives compensation at a rate not less than
one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in
such workweek.
(8) Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the
clause set forth in paragraph 7 above, the contractor and any subcontractor responsible
thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory)
for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth
in paragraph 7, in the sum of $10 for each calendar day on which such employee was
required or permitted to work in excess of the standard work week of 40 hours without
payment of the overtime wages required by the clause set forth in paragraph 7.
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(9) Withholding for Unpaid Wages and Liquidated Damages:
The County or FDOT shall upon its own action or upon written request of any
authorized representative of the DOL withhold, or cause to be withheld, from any monies
payable on account of work performed by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime contractor, or any other Federally -
assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held
by the same prime contractor, such sums as may be determined to be necessary to satisfy
any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph 8 above.
9. STATEMENTS AND PAYROLLS
(Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts,
except for projects located on roadways classified as local roads or rural collectors, which are
exempt.)
(1) Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the Secretary of Labor which
are herein incorporated by reference.
(2) Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be maintained by the contractor and
each subcontractor during the course of the work and preserved for a period of 3
years from the date of completion of the contract for all laborers, mechanics,
apprentices, trainees, watchmen, helpers, and guards working at the site of the
work.
b. The payroll records shall contain the name, social security number, and address of
each such employee; his or her correct classification; hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or
cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon
Act); daily and weekly number of hours worked; deductions made; and actual wages
paid. In addition, for Appalachian contracts, the payroll records shall contain a
notation indicating whether the employee does, or does not, normally reside in the
labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of
Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer
or mechanic include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon
Act, the contractor and each subcontractor shall maintain records which show that
the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, that the plan or program has been communicated in writing to
the laborers or mechanics affected, and show the cost anticipated or the actual cost
incurred in providing benefits. Contractors or subcontractors employing apprentices
or trainees under approved programs shall maintain written evidence of the
registration of apprentices and trainees, and ratios and wage rates prescribed in the
applicable programs.
C, Each contractor and subcontractor shall furnish, each week in which any contract
work is performed, to the SHA resident engineer a payroll of wages paid each of its
employees (including apprentices, trainees, and helpers, described in Section IV,
paragraphs 4 and 5, and watchmen and guards engaged on work during the
preceding weekly payroll period). The payroll submitted shall set out accurately and
completely all of the information required to be maintained under paragraph 2b of
this Section V. This information may be submitted in any form desired. Optional
Form WH -347 is available for this purpose and may be purchased from the
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Superintendent of Documents (Federal stock number 029-005-0014-1), U.S.
Government Printing Office, Washington, D.C. 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors.
d. Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his/her agent who pays or supervises
the payment of the persons employed under the contract and shall certify the
following:
1. that the payroll for the payroll period contains the information required to be
maintained under paragraph 2b of this Section V and that such information is correct
and complete;
2, that such laborer or mechanic (including each helper, apprentice, and
trainee) employed on the contract during the payroll period has been paid the full
weekly wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages earned,
other than permissible deductions as set forth in the Regulations, 29 CFR 3;
3. that each laborer or mechanic has been paid not less that the applicable
wage rate and fringe benefits or cash equivalent for the classification of worked
performed, as specified in the applicable wage determination incorporated into the
contract.
e. The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH -347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 2d of this Section V.
f. The falsification of any of the above certifications may subject the contractor to civil
or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
g. The contractor or subcontractor shall make the records required under paragraph 2b
of this Section available for inspection, copying, or transcription by authorized
representatives of the County, FDOT, the FHWA, or the DOL, and shall permit such
representatives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to make them
available, the County, FDOT, the FHWA, the DOL, or all may, after written notice to
the contractor, sponsor, applicant, or owner, take such actions as may be necessary
to cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR 5.12.
10. RECORD OF MATERIALS, SUPPLIES, AND LABOR
(1) On all Federal -aid contracts on the National Highway System, except those which provide
solely for the installation of protective devices at railroad grade crossings, those which are constructed
on a force account or direct labor basis, highway beautification contracts, and contracts for which the
total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the
contractor shall:
a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47,
"Statement of Materials and Labor Used by Contractor of Highway Construction Involving
Federal Funds," prior to the commencement of work under this contract.
b. Maintain a record of the total cost of all materials and supplies purchased for and
incorporated in the work, and also of the quantities of those specific materials and supplies
listed on Form FHWA-47, and in the units shown on Form FHWA-47.
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C, furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47
together with the data required in paragraph 1 b relative to furnished materials and supplies, a
final labor summary of all contract work indicating the total hours worked and the total
amount earned.
(2) At the prime contractor's option, either a single report covering all contract work or separate
reports for the contractor and for each subcontract shall be submitted.
11. SUBLETTING OR ASSIGNING THE CONTRACT
(1) The contractor shall perform with its own organization contract work amounting to not less
than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total
original contract price, excluding any specialty items designated by the State. Specialty items
may be performed by subcontract and the amount of any such specialty items performed
may be deducted from the total original contract price before computing the amount of work
required to be performed by the contractor's own organization (23 CFR 635).
a. "Its own organization" shall be construed to include only workers employed and paid
directly by the prime contractor and equipment owned or rented by the prime
contractor, with or without operators. Such term does not include employees or
equipment of a subcontractor, assignee, or agent of the prime contractor.
b. "Specialty Items" shall be construed to be limited to work that requires highly
specialized knowledge, abilities, or equipment not ordinarily available in the type of
contracting organizations qualified and expected to bid on the contract as a whole
and in general are to be limited to minor components of the overall contract.
(2) The contract amount upon which the requirements set forth in paragraph 1 of Section VII is
computed includes the cost of material and manufactured products which are to be
purchased or produced by the contractor under the contract provisions.
(3) The contractor shall furnish (a) a competent superintendent or supervisor who is employed by
the firm, has full authority to direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations (regardless of who performs the
work) and (b) such other of its own organizational resources (supervision, management, and
engineering services) as the SHA contracting officer determines is necessary to assure the
performance of the contract.
(4) No portion of the contract shall be sublet, assigned or otherwise disposed of except with the
written consent of the SHA contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the contractor of any responsibility for
the fulfillment of the contract. Written consent will be given only after the SHA has assured
that each subcontract is evidenced in writing and that it contains all pertinent provisions and
requirements of the prime contract.
12. SAFETY: ACCIDENT PREVENTION
(1) In the performance of this contract the contractor shall comply with all applicable Federal,
State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor
shall provide all safeguards, safety devices and protective equipment and take any other
needed actions as it determines, or as the County or FDOT may determine to be reasonably
necessary to protect the life and health of employees on the job and the safety of the public
and to protect property in connection with the performance of the work covered by the
contract.
(2) It is a condition of this contract, and shall be made a condition of each subcontract, which the
contractor enters into pursuant to this contract, that the contractor and any subcontractor
shall not permit any employee, in performance of the contract, to work in surroundings or
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under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as
determined under construction safety and health standards (29 CFR 1926) promulgated by
the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 333).
(3) Pursuant to 29 CFR 1926.39 it is a condition of this contract that the Secretary of Labor or
authorized representative thereof, shall have right of entry to any site of contract performance
to inspect or investigate the matter of compliance with the construction safety and health
standards and to carry out the duties of the Secretary under Section 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 333).
13, FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
14.
In order to assure high quality and durable construction in conformity with approved plans and
specifications and a high degree of reliability on statements and representations made by engineers,
contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons
concerned with the project perform their functions as carefully, thoroughly, and honestly as possible.
Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a
violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and
similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in
one or more places where it is readily available to all persons concerned with the project:
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory,
or whoever, whether a person, association, firm, or corporation, knowingly makes any false
statement, false representation, or false report as to the character, quality, quantity, or cost of the
material used or to be used, or the quantity or quality of the work performed or to be performed, or
the cost thereof in connection with the submission of plans, maps, specifications, contracts, or
costs of construction on any highway or related project submitted for approval to the Secretary of
Transportation; or
Whoever knowingly makes any false statement, false representation, false report or false claim
with respect to the character, quality, quantity, or cost of any work performed or to be performed,
or materials furnished or to be furnished, in connection with the construction of any highway or
related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false representation as to material fact in any
statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act
approved July 1, 1916, (39 Stat. 355), as amended and supplemented,
Shall be fined not more that $10,000 or imprisoned not more than 5 years or both."
(Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or
more.)
By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder,
Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as follows:
(1) That any facility that is or will be utilized in the performance of this contract, unless such
contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seg., as
amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended
(33 U.S.C. 1251 et seq,, as amended by Pub.L. 92-500), Executive Order 11738, and
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regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award,
on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40
CFR 15.20.
(2) That the firm agrees to comply and remain in compliance with all the requirements of Section
114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
(3) That the firm shall promptly notify the SHA of the receipt of any communication from the
Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for
the contract is under consideration to be listed on the EPA List of Violating Facilities.
(4) That the firm agrees to include or cause to be included the requirements of paragraph 1
through 4 of this Section X in every nonexempt subcontract, and further agrees to take such
action as the government may direct as a means of enforcing such requirements.
15. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
(1) Instructions for Certification — Prime Contractor:
(Applicable to all Federal -aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective primary participant is
providing the certification set out below.
b. The inability of a person to provide the certification set out below will not necessarily
result in denial of participation in this covered transaction. The prospective
participant shall submit an explanation of why it cannot provide the certification set
out below. The certification or explanation will be considered in connection with the
department or agency's determination whether to enter into this transaction.
However, failure of the prospective primary participant to furnish a certification or an
explanation shall disqualify such a person from participation in this transaction.
c. The certification in this clause is a material representation of fact upon which
reliance was placed when the department or agency determined to enter into this
transaction. If it is later determined that the prospective primary participant knowingly
rendered an erroneous certification, in addition to other remedies available to the
Federal Government, the department or agency may terminate this transaction for
cause of default.
d. The prospective primary participant shall provide immediate written notice to the
department or agency to whom this proposal is submitted if any time the prospective
primary participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier
covered transaction," "participant," "person," "primary covered transaction,"
,
principal, proposal, and voluntarily excluded, as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the department or agency to which this
proposal is submitted for assistance in obtaining a copy of those regulations.
f. The prospective primary participant agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
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transaction, unless authorized by the department or agency entering into this
transaction.
g. The prospective primary participant further agrees by submitting this proposal that it
will include the clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by
the department or agency entering into this covered transaction, without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
h. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the nonprocurement portion of the "Lists of Parties Excluded From
Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is
compiled by the General Services Administration.
i. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
j. Except for transactions authorized under paragraph f of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency may terminate this transaction
for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary
Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief,
that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or agency;
b. Have not within a 3 -year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract
under a public transaction; violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
C, Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses enumerated in
paragraph lb of this certification; and
d. Have not within a 3 -year period preceding this application/proposal had one or more
public transactions (Federal, State or local) terminated for cause or default.
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2. Where the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this proposal.
(2) Instructions for Certification - Subcontracts:
(Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more -
49 CFR 29)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification
set out below.
b. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department, or agency with which this
transaction originated may pursue available remedies, including suspension and/or
debarment.
C. The prospective lower tier participant shall provide immediate written notice to the person to
which this proposal is submitted if at any time the prospective lower tier participant learns that
its certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered
transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as
used in this clause, have the meanings set out in the Definitions and Coverage sections of
rules implementing Executive Order 12549. You may contact the person to which this
proposal is submitted for assistance in obtaining a copy of those regulations.
e. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the
department or agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will
include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
g. A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is erroneous. A
participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the Nonprocurement List.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The
knowledge and information of participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph a of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person
who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
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ibility
Certification Regarding Debarment,
Subcontracts and PurchasegOrdersand Voluntary Exclusion
1, The prospective tontl tier participant
proposal,fies, by submission of this
neither it nor its principals is preseyebared, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal department or
agency.
2. Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
Its Is
16. GEKIINWAIwig �� vr........_ ---
(Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 -
49 CFR 20)
(1) The prospective participant certifies, by signing and submitting this bid or proposal, to the best
of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extensions
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions,
(2) This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure,
(3) The prospective participant also agrees by submitting his or her bid or proposal that he or she
shall require that the language of this certification be included in all lower tier subcontracts,
which exceed $100,000 and that all such recipients shall certify and disclose accordingly,
17, BUY AMERICA
23
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rof the material to which the coating is applied. Coating . If domestics eel ore
which protect or enhance on
is taken outside of the United States �sn
orpod to the project, these same provisions
will be a component of any manufactured product inc(
apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost o
19
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such foreign materials doe not exceed $2,500.
The bidder shall complete and submit with its bid proposal a declaration certifying either compliance or
noncompliance with Buy America. A certification form is attached.
The contractor will also be required to provide, prior to incorporating the materials into the Project,
certifications from the producer of steel or iron, or any produce containing steel or iron as a component,
stating that all steel or iron furnished was produced entirely within the United States or was produced
within the United States except for minimal quantities of foreign steel and iron valued at ($insert actual
value).
18. D
(1) Po- lice. The contractor shall ensure that Disadvantaged Business Enterprises, as
defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of this
project. In this regard, the contractor shall take all necessary and reasonable steps in accordance with
applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the
opportunity to compete for and perform contracts or subcontracts with respect to this Project.
(2) DBE Availability Goal Percentage. The DBE Goal Percentage for this project is 7.9%.
This DBE availability goal percentage is not a mandatory contract specification, but it is a guide to inform
the contractor of the work that could reasonably be contracted to a DBE.
(3) DBE Certification. Only DBE firm(s) certified by the FDOT Equal Opportunity Office
shall be considered disadvantaged business enterprises for the purposes of this bid and any resulting
contract. To verify whether a firm is certified as a DBE for the work being performed, the contractor must
refer to the DBE Directory published by the FDOT Equal Opportunity Office on the Internet at:
www.dot,state.fl.us/equalopportunitvoffice/ or through the Florida Unified Certification Program at
www.bipincwebapps.com/biznetflorida/. If the Internet is not available, call the Equal Opportunity Office
for verification at (850) 4144747.
(4) Anticipated DBE Participation Statement. Contractor shall complete and submit the
Anticipated DBE Participation Statement prior to the pre -construction conference through the FDOT Equal
Opportunity Office on the Internet. A hard copy of the Statement should also be provided the pre -construction
conference. The Statement must only include companies certified as a DBE. The Statement can and should
be updated when additions or deletions are made through the life of the contract. This will not become a
mandatory part of the contract.
When reporting anticipated DBE utilization or actual payments, the following guidelines prescribed in
the 49 C.F.R. Part 26 shall apply:
a) When a DBE participates in a contract, count only the value of the work actually
performed by the DBE toward DBE participation.
b) Count expenditures to a DBE contractor toward DBE goals only if the DBE is
performing a commercially useful function on the project.
C) Follow the DBE reporting guidelines established by FDOT.
(5) Reporting. Contractor shall report monthly, through the FDOT Equal Opportunity
Reporting System on the FDOT website, actual payment, retainage, DBE status and work type of all
subcontractors and major suppliers. Contractor shall develop a record keeping system to monitor DBE
participation including the following:
i) number and dollar value of contracts awarded to DBE subcontractors.
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ii) a description of the general categories of subcontracts awarded to DBEs.
iii) the specific efforts employed to identify and award subcontracts to DBEs.
riod of five (5) years
All records relating to DBE l payment.
participation
records shallnd subcontracts beavailable be tained for a for inspection eby he County, MOT
following acceptance of final p ym
or the Federal Highway Administration upon request.
19, BID OPPORTUNITY LIST.
Federal regulations require the bidder to report on all firms that bid or quote subcontracts on FDOT-
assisted projects, including both DBEs and non -DBEs. The Bid Opportunity List form must be completed by
all bidders identifying ALL subcontractor who quoted to bidder for this project and contract. A form Bid
Opportunity List form is attached and must be submitted with the bid proposal.
20, NON -COLLUSION
Bidder shall submit the included Non -Collusion Certification with its bid proposal, certifying that the
bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or
otherwise taken any action, in restraint of free competitive bidding in connection with its bid.
Failure to submit the certification with the bid will make the bid non-responsive and not eligible for
award consideration.
21.
(1) Differing site conditions.
a) During the progress of the work, if subsurface or latent physical conditions are
encountered at the site differing materially from those indicated in the contract or if
unknown physical conditions of an unusual nature, differing materially form those
ordinarily encountered and generally recognized as inherent in the work provided for
in the contract re encountered at the site, the party discovery such conditions shall
promptly notify the other party in writing of the specific differing conditions before the
site is disturbed and before the affected work is performed.
b) Upon written notification, the engineer will investigate the conditions, and if it is
determined that the conditions materially differ and cause an increase or decrease in
the cost or time required for the performance of any work under the contact, an
adjustment, excluding anticipated profits, will be made and the contract modified in
writing accordingly. The engineer will notify the contractor of the determination
whether or not an adjustment of the contract is warranted.
C) No contract adjustment which results in a benefit to the contractor will be allowed
unless the contractor has provided the required written notice.
d) No contract adjustment will be allowed under this clause for any effects caused on
unchanged work.
(2) Suspensions
--
a) If the performance of all or any portion of the work is suspended or delayed by the
engineer in writing for an unreasonable period of time (not originally anticipated,
customary, or inherent to the construction industry) and the contractor believes that
additional compensation and/or contract time is due as a result of such suspension
or delay, to the engineer in
for
adjustment within submitctor shall writing
calendarr days ofo
receipt of the notice resme wo kSt
1 The
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request shall set forth the reasons and support for such adjustment.
b) Upon receipt, the engineer will evaluate the contractor's request. If the engineer
agrees that the cost and/or time required for the performance of the contract has
increased as a result of such suspension and the suspension was caused by
conditions beyond the control of and not the fault of the contractor, its suppliers, or
subcontractors at any approved tier, and not caused by weather, the engineer will
make an adjustment (excluding profit) and modify the contract in writing accordingly.
The contractor will be notified of the engineer's determination whether or not an
adjustment of the contract is warranted.
C) No contract adjustment will be allowed unless the contractor has submitted the
request for adjustment within the time prescribed.
d) No contract adjustment will be allowed under this clause to the extent that
performance would have been suspended or delayed by any other cause, or for
which an adjustment is provided or excluded under any other term or condition of
this contract.
(3) Significant Changes in the Character of Work.
a) The engineer reserves the right to make, in writing, at any time during the work, such
changes in quantities and such alterations in the work as are necessary to
satisfactorily complete the project. Such changes in quantities and alterations shall
not invalidate the contract nor release the surety, and the contractor agrees to
perform the work as altered.
b) If the alterations or changes in quantities significantly change the character of the
work under the contract, whether such alterations or changes are in themselves
significant changes to the character of the work or by affecting other work cause
such other work to become significantly different in character, an adjustment,
excluding anticipated profit, will be made to the contract. The basis for the
adjustment shall be agreed upon prior to the performance of the work If a basis
cannot be agreed upon, then an adjustment will be made either for or against the
contractor in such amount as the engineer may determine to be fair and equitable.
C) If the alterations or changes in quantities do not significantly change the character of
the work to be performed under the contract, the altered work will be paid for as
provided elsewhere in the contract.
d) The term "significant change" shall be construed to apply only to the following
circumstances:
1) When the character of the work as altered differs materially in kind or nature
from that involved or included in the original proposed construction; or
2) When a major item of work, as defined elsewhere in the contract, is
increased in excess of 125 percent or decreased below 75 percent of the original
contract quantity. Any allowance for an increase in quantity shall apply only to that
portion in excess of 125 percent of original contract item quantity, or in case of a
decrease below 75 percent, to the actual amount of work performed.
22. CHANGE ORDERS
Florida Department of Transportation (FDOT) and Federal Highway Administration (FHWA) approval
shall be required on all construction contract changes. All such changes shall be documented on the FHWA
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Approval -Major and Minor Construction Changes, Form No. 70041047.
23, TIME EXTENSIONS.
t an extension of Contract Time when it add s new work items or provides for
The County may gran
unforeseen work, provided that the additional work actually impacts the contract critical path completion
schedule. The City may also ici atfo foreseeable atContract
the time ofwhen
bid or if failurretoflthe County to fulfill an
yed
by factors not reasonably anticipated or
obligation under the contract results in delays to the schedule critical path. The County may consider the
delays in delivery of materials or equipment that affect progress on a critical item of work as the basis for
granting a time extension if such delays are beyond the control of the Contractor. Requests for time
extensions due to delay in the delivery of custom
do umentation that theforder was placedactured iolr fixtures will tconsidered be
in timely manner and the lack of
unless the contractor fu
such equipment cased a delay in progress on a critical item.
Extensions of Contract Time will not be granted for delays due to the fault or negligence of the
Contractor.
No allowance for inclement weather should be made in establishing the Contract Time. The County
may grant time extensions on a day for day basis for delays caused only by inclement weather conditions that
prevent the contractor from productively performing critical path items where: (i) the contractor jis unable to
work at least 50% of the day on a pre -determined critical path item due to the weather; or a) the contractor
must make major repairs to work damaged by weather provided that the damage is not due to the contractor's
failure to perform and that the contractor is unable to work at least 50% of the day on pre -determined critical
path items.
24. LIQUIDATED DAMAGES
Applicable liquidated damages will be assessed in the following amount: $580.00 per day
25. CONTRACT CLAIMS BY CONTRACTOR
Should the contractor intend to file a claim for additional monetary compensation, time or other
adjustments to the contract and the County disputes the contractor's entitlement to the claim or the impact of
the claim, Contractor must provide written notification to the County of contractor's intent to file a claim. This
notice must be given before the contractor begins any work on which the claim is based. Failure of the
contractor to notify the County before beginning work on any disputed items waives the contractor's right to
claim. The contractor's notice of intent to file a claim should contain:
(1) A statement as to what changed, including a description of the nature and extent of the
change.
(2) An indication of who directed or what caused the change.
org
(3) impactedion of how the tical activities on gthehas or will impact the contractor's latest accepted tschedule'reference to any
update
P
(4) A statement time and/or other adjustmentdamaes, or an estimate of tdo amages if )o he contract thats being lr qung test count of
compensationn,,
In accordance with Florida Statute 287.0871 the bidder shall certify that it has and will maintain a drug-free
workplace. The bidder shall complete and submit with its bid proposal the attached certification. Failure to
include an executed certification may cause the bid proposal to be considered non-responsive.
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27. SUSPENSION AND DEBARMENT
The bidder shall complete andsubmit
nation as provided rov d d herein.h its bid ) the certification regaring The inability to prrovide theacertif cationebrment form will included
in this package, or an explanation
P
necessarily result in denial of participation in the project. The bidder shall submit an explanation of why it
cannot provide the requested certification, which will be considered in evaluation of the bidder's bid package.
However, failure by a bidder to furnish a certification or an explanation shall disqualify such bidder from this
project.
ing its bid that should it be awarded the contract, it will not knowingly enter into
The bidder agrees by submitt
any sub-contracts for this project with a person who is debarred, suspended, declared ineligible or excluded
from participation in this aansaction, The
ll sub contractobidder further rs on the projegrees that it will require the same certification in all
solicitations for and from
The certification is a material representation of fact upon which the County will rely, if it is later determined
that the bidder rendered an erroneous certification, or knowingly entered into a sub-contract with a
subcontractor who is debarred, suspended or ineligible, the County may terminate the contract for cause of
default.
28. EQUIPMENT
(1) Publicly Owned Equipment * The policy definition of publicly owned equipment is ". .
equipment previously purchased or otherwise acquired by the public agency involved for use in its own
operations." the policy goes on to state that "... publicly owned equipment should not normally compete
with privately owned equipment on a project to be let to contract."
(2). Eguipment Rental Rates. Contractor shall comply with the cost principles and
procedures set forth in 48 C.F.R. Part 31. Reasonable costs of renting construction equipment are allowable;
but the allowability of charges of equipment rentals from any division, subsidiary of organization under
common control of contractor will be determined in accordance with 48 C.F.R. Sec. 31.205-36(b)(3).
29. MATERIALS
(1) Source of Supply' Convict Labor. Materials produced by convict labor are prohibited
from use on this project unless specific written authority for such use is obtained from FDOT and: (i) such
materials are produced by convicts on parole, supervised release, or probation from a prison.
(2) No Local Preference. The contractor must furnish all materials to be incorporated in the
work, and the contractor shall be permitted to select the sources from which the materials are to be obtained.
The County shall not impose any requirement or enforce any procedure which operates to require the use of,
or provides a price differential in favor of, articles or materials produced within the State.
30. SALVAGE CREDITS.
There will be no credit to the project as a result of salvaged materials or equipment.
31. SUBCONTRACTING
Prime Contractor Reauirement. The prime contractor shall perform at least 30 percent of
(1) tage shall be of the original contract price, exclusive of
contract work with its own organization. This percen
specialty items, but include the cost of materials and manufactured products purchased or produced by the
prime contractor.
(2) Subcontract approval. No portion of the work may be sublet, assigned, or otherwise
subcontracted without the written consent of the County. Subcontract approval shall be based on satisfactory
evidence that each subcontract is in writing and contains all the pertinent provisions. The approval of a
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32. ACCESS TO RECORDS
(1) The Contractor agrees to provide the County, FDOT, FHWA, the Comptroller General of the
United States or any of their authorized representatives access to any books, documents,
papers and records of the Contractor which are directly pertinent to the contract for the
purposes of making audits, examinations, excerpts and transcriptions.
(2) The Contractor agrees to maintain all books, records, accounts and reports required under
the contract for a period of not less than five years after the date of termination or expiration
of the contract, except in the event of litigation or settlement of claims arising from the
performance of the contract, in which case Contractor agrees to maintain same until the
County, the FTA Administrator, the Comptroller General, or any of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related
thereto.
33. PROGRAM FRAUD
34.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 U.S.C. §3801 et seg. and U.S. DOT regulations, "Program Fraud
Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon
execution of the underlying contract, the Contractor certifies or affirms the truthfulness and
accuracy of any statement it has made, it makes, it may make, or causes to be made,
pertaining to the underlying contract or the FHWA assisted project for which this contract
work is being performed. In addition to other penalties that may be applicable, the
Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification, the Federal Government reserves
the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the
Contractor to the extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification to the Federal Government under
a contract connected with a project that is financed in whole or in part with Federal
assistance originally awarded by FHWA, the Government reserves the right to impose the
penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n)(1) on the Contractor, to the extent the
Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FHWA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to the
provisions.
(1) Absent the express written consent by the Federal Government, the Federal Government or
the Federal Highway Authority is not a party to the contract and shall not be subject to any
obligations or liabilities to the County, Contractor, or any other party (whether or not a party
to that contract) pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or
in part with Federal assistance provided by FHWA. It is further agreed that the clause shall
not be modified, except to identify the subcontractor who will be subject to its provisions.
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F
S
Section Ca tion
GC 1 Definitions
orrelation and Intent
GC 2 Execution, C
GC 3 Contractor Liable and Responsible to Owner
GC 4 Engineer's Status
GC 5 Design, Drawings and Specifications
GC 6 Materials, Labor, Equipment
GC 7 Permit and Fees
GC 8 Project Manager
GC 9 Subcontractors and Suppliers
GC 10 Contractor Meetings
GC 11 Scheduling
GC 12 Schedule of Values
GC 13 Land for Work
GC 14 Survey, Lines and Grade
GC 15 Site Conditions
GC 16 Subsoil Conditions
GC 17 Surface and Subsurface Water
GC 18 Contractor Work Area
GC 19 Contractor -Furnished Materials, Equipment and Workmanship
GC 20 Protection of the Work and Property
GC 21 Utilities
GC 22 Delivery Unloading and Storage
GC 23 Fire Protection
GC 24 Illumination
GC 25 Dust Control
GC 26 Pollution Control
GC 27 Explosives and Hazardous Materials
GC 28 Labor
GC 29 Safety
GC 30 Progress
GC 31 Inspection
GC 32 Testing
GC 33 Substitution
GC 34 Correction of Defective Materials or Workmanship
GC 35 Correction of Work
GC 36 Owner's Right to Correct or Complete Work
GC 37 Changes in Work
GC 38 Use of Completed Portions
GC 39 Cleaning Up
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GC 40 Basic Requirements Prior to Substantial Completion
GC 41 Final Inspection and Acceptance
GC 42 Extension of Time
GC 43 No Damages for Delay; Exclusive Remedy
GC 44 Payment Procedure
GC 45 Liens
GC 46 Surety or Performance Bond
GC 47 Insurance
GC 48 Indemnity
GC 49 Dispute Resolution
GC 50 Owner's Right to Terminate Contract for Cause
GC 51 Suspension or Termination by Owner for Convenience
GC 52 Contractor Obligations Upon Termination
GC 53 Removal of Equipment
GC 54 Warranty
GC 55 Royalties and Patents
GC 56 Verbal Agreements
GC 57 Miscellaneous Provisions
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GC 1 DEFINITIONS
(a) The "Owner", the "Contractor', and the "Engineer' are treated throughout the Contract as if
each were of the singular number and masculine gender.
(b) "Engineer" shall be used and shall be understood to mean the professional engineer or
architect consultant retained by the County or the designed staff engineer of the Public Works Department of
the County.
(c) "Subcontractor' includes only those having a direct contract with the Contractor, and it
includes one who furnishes material worked to a special design according to the plans and specifications of
this work but does not include one who merely furnishes material not so worked.
(d) The term "work" means the construction services required by the Contract Documents/ this
Agreement and requires all labor, materials and services to be provided by the Contractor to fulfill the
Contractor's obligations under this Agreement.
GC 2 EXECUTION CORRELATION AND INTENT OF DOCUMENTS:
The Contract Documents shall be executed in two original sets by Owner and Contractor. The Contract
Documents are complementary, and wherever possible the provisions of the documents shall be construed in
such manner as to avoid conflicts between provisions of the various documents. In the event of any conflict
among the Contract Documents, the Documents shall be construed according to the following priorities:
First Priority:
Second Priority:
Third Priority:
Fourth Priority:
Fifth Priority:
Sixth Priority
Seventh Priority
Specifications (quality)
Drawings (location)
Special Terms
General Terms and Conditions
Contract Documents
Invitation to Bid
Contractor's Bid
in any event of inconsistency, however, the latest, and more stringent, or technical, or the greater quantity
requirements shall control the work to be performed by the Contractor.
CG 3 CONTRACTOR RESPONSIBILITIES.
a) The Contractor shall be held liable to the Owner for the performance of all work provided for
under this Contract. These specifications make no attempt to fix the scope of the work of any
subcontractor nor the responsibilities of the subcontractors.
b) Contractor shall provide all labor, materials, equipment, tools, construction equipment and
machinery, heat, utilities, and other facilities and services necessary for the property execution and
completion of the Work.
C) Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, procedures and safety programs in connection with the performance of the work.
Contractor shall be solely responsible for the engagement and management of any subcontractors
used to perform any portion of the work.
d) The Contractor shall be liable to the Owner for materials furnished. This shall include all
materials whether manufactured and/or fabricated by other persons. In the event that an agent or
other representative of the Owner approved the installation or erection of any item of material and the
Contractor feels the same is not fabricated in good workmanlike manner, he shall forthwith advise the
Engineer and the Owner thereof in writing.
e) The Contractor shall provide for each of the following activities:
(1) Maintain a log of daily activities, including manpower records, weather, delays, major
decisions, etc.
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(2) Maintain a roster of subcontractors will name and contact telephone numbers for key
personnel.
(3) Provide a safety program for the project and conduct a safety meeting prior to
commencing work.
f) Any disputes which may arise in this connection between the Contractor and any
subcontractor must be settled between the parties concerned. The Owner will not undertake nor be in
any way responsible for the settlement of such disputes.
GC 4 ENGINEER'S STATUS.
a) The Engineer will provide observation of the Contractor's activities and progress of the work.
The Engineer will make complete and thorough inspections of all construction, draft change orders, and verify
and certify partial and/or final payments due to the Contractor. The Engineer may, during the life of the
Contract issue additional instructions, by means of drawings, minor change orders or otherwise, necessary to
illustrate changes in the work.
b) The Engineer shall have authority to stop the work whenever such stoppage may be
necessary to insure the proper execution of the Contract or to protect the public and/or property. He shall also
have authority to reject all work and materials which do not conform to the Contract and to decide questions
which arise in the execution of the work.
C) The Engineer will make decisions in writing on all claims of the Contractor, and on all other
matters relating to the execution and progress of the work or the interpretation of the Contract documents. All
such decisions of the Engineer shall be final.
GC 5 DESIGN, DRAWINGS AND SPECIFICATIONS
a) The Owner through the Engineer, or the Engineer as the Owner's representative, shall furnish
plans and specifications which completely represent the requirements of the work as far as practical to be
performed under the Documents and shall be true developments thereof. The Owner will be responsible for
the adequacy and sufficiency of the plans and specifications. The Owner or Engineer will provide the
Contractor with copies of all drawings and specifications, not to exceed four (4) complete sets, for the
execution of the work.
b) The specifications and the drawings accompanying them are intended to describe and provide
for a finished piece of work; they are intended to be complementary and what is called for by either shall be as
binding as if called for by both. The Contractor understands that the work shall be complete in every detail,
notwithstanding every item necessarily involved is not particularly mentioned, and the Contractor shall be held
to provide all labor and material necessary for the completion of the indicated work.
C) The Contractor shall, immediately upon receipt of the drawings, check all drawings furnished
and shall promptly notify Owner of any illegibility, errors, omission, defect or discrepancies discovered in such
drawings and shall comment as appropriate upon construction feasibility and practicality. The Contractor shall
perform work only in accordance with the permitted drawings and any subsequent revisions thereto.
d) If the permitted drawings change the scope of the work, the Contractor shall notify the owner
and Engineer within seven (7) days of receipt of the permitted drawings and such notification shall contain a
written description of the change and its impact on the cost and schedule, if any. Failure to provide such
notice within seven days shall be a complete waiver by the Contractor of all additional cost and time and
Contractor shall perform the work at his expense and complete the work according to schedule and in no
event shall Contractor recover delay or consequential damages.
e) The Contractor shall keep at the work site one (1) copy of all permitted drawings and
specifications kept current with all changes and modifications and shall at all times give the Owner, the
Engineer and all trades performing at the project, access thereto.
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GC 6 MATERIALS LABOR EQUIPMENT.
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, tools,
equipment, services, transportation and other facilities necessary for the execution and completion of the
work. Unless otherwise specified, all materials incorporated in the permanent work shall be new and both
workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory
evidence as to the kind and quality of materials.
GC 7 QUALITY ASSURANCE
Contractor shall develop, implement and maintain a plan for the work which quality assurance and
management and control of the construction services. Contractor shall maintain an adequate inspection
system and perform such inspections as will assure that the work performed conforms to the requirement of
the Contract Documents.
CG 7 PERMITS AND FEES.
All Permits or licenses necessary for the performance of the work or required by law or ordinance,
including Building Permits, shall be secured, maintained, and paid for by the Contractor, unless otherwise
provided in the Special Terms. Contractor shall be responsible for all governmental fees, including but not
limited
utility fees
dconnection
Owner
annecessary any easements,
For construction of abuildngOwner shall responsible for all CountyCostructinServces planand
permit review fees
GC 8 PROJECT MANAGER.
The Contractor shall keep during the term of this Agreement a competent Project Manager and any
necessary assistants, all satisfactory to the Engineer and Owner. The Contractor shall advise the Engineer, in
writing, within ten (10) days after the date of Owner's issuance of a Notice to Proceed, the name and local
address of the Project Manager who will be in charge of the project, together with amount of his authority to
represent the Contractor, along with the Project Manager's cell phone number. The Owner and Engineer shall
be able to reach the Project Manager at his cell phone number at all working hours. The Project Manager
shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the
Contractor. Important directions shall be confirmed on written request in each case. The Contractor shall give
sufficient superintendence to the work using his best skill and attention. If the Contractor, in the course of the
work finds any discrepancy between the plans and the physical conditions of the locality, or any errors or
omissions in plans or in the layout as given by survey points and instructions, he shall immediately inform the
Engineer and the Owner, in writing, and the Engineer will promptly verify the same. Any work done after such
discovery, until authorized, will be done at the Contractor's risk. Neither party shall employ or hire any
employee of the other party without his consent. At any time Owner may request and Contractor shall replace
the individual performing as Project Manager with an individual acceptable to Owner.
GC 9 SUBCONTRACTORS AND SUPPLIERS.
a) Within ten (10) days after the date of the Owner's issuance of a Notice to Proceed, the
Contractor shall furnish to the Owner in writing the names of the persons or entities (including those who are
to furnish materials or equipment fabricated to a special design) whom the Contractor will engage as sub-
contractors or suppliers for the Project. The Contractor shall not contract with a proposed person or entity to
whom the Owner has made reasonable and timely objection in writing. The Contractor understands and
agrees that the Contractor alone is responsible to the Owner for all of the work under the Contract and that
any review of Subcontractors, Sub -subcontractors or suppliers by the Owner or Engineer will not in any way
make the Owner responsible to any Subcontractor or Sub -subcontractor or suppliers, nor will it make the
Owner responsible for the actions or omissions of any Subcontractor or Sub -subcontractor or suppliers.
b) By appropriate written agreement, the Contractor shall require each Subcontractor, to the
extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the
Contract and Contract Documents, including but not limited to the insurance requirements for workers'
compensation and general liability coverage. The Owner shall be named as an intended Third Party
Beneficiary in all Subcontractor Agreements. Each subcontract agreement shall preserve and protect the
rights of the Owner under the Contract Documents with respect to the work to be performed by the
Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the
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Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights,
remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the
Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements
with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the
execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be
bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of
the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors
will similarly make copies of applicable portions of such documents available to their respective proposed Sub -
subcontractors. Contractor shall include in all subcontracts a provision requiring the Subcontractor to consent
to an assignment of the subcontractor to the Owner.
C) All subcontracts shall provide the following exact language"
Sub -contractor "expressly waives any claims for damages which it may suffer by reason of
delay caused by events beyond its' control, including delays claimed to be caused by the
County or its Engineer and agrees that its exclusive remedy shall be an extension of its
contract time."
d) The Owner reserves the right to perform construction or operations related to the Project with
the Owner's own forces, and to award separate contracts in connection with other portions of the Project or
other construction or operations on the site under contract conditions identical or substantially similar to these.
If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the
Contractor shall make such claim as provided in GC 37 -Changes in Work. The Contractor shall afford the
Owner and separate contractors reasonable opportunity for introduction and storage of their materials and
equipment and performance of their activities and shall connect and coordinate the Contractor's construction
and operations with theirs as required by the Contract Documents.
e) If part of the Contractor's Work depends for proper execution or results upon construction or
operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of
the Work, promptly report to the Owner apparent discrepancies or defects in such other construction that
would render it unsuitable for such proper execution and results. Failure of the Contractor to so report shall
constitute an acknowledgment that the Owner's or separate contractors completed or partially completed
construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably
discoverable.
GC 10 CONTRACTOR MEETINGS
The Contractor shall, at its expense, attend any and all meetings called by the Owner to discuss the
work under the Contract. The Owner, or its Engineer, will distribute typed minutes of each meeting to all
attendees.
GC 11 SCHEDULING.
a) Within ten (10) days after the date of the Owner's issuance of a Notice to Proceed, the
Contractor shall prepare and submit to the Owner and to Engineer a project schedule utilizing the Critical Path
Method (CPM) graphically depicting the activities contemplated to occur as a necessary incident to
performance of the work required to complete the project, showing the sequence in which the Contractor
proposes for each such activity to occur and duration (dates of commencement and completion, respectively)
of each such activity. The construction schedule shall be complete in all respects, covering approvals,
construction and Owner occupancy, in addition to activities and interfaces with other Contractors at the work
site, offsite activities such as design, fabrication, an allowance for weather delays, submittals, procurement
and jobsite delivery of Contractor furnished material and equipment. Contractor agrees to complete the work
and Project in accordance with the agreed construction schedule as amended by duly executed change
orders.
b) At the end of each calendar month, Contractor shall update and/or revise the construction
schedule to show the actual progress of the work performed and the occurrence of all events which have
affected the progress of performance of the work already performed or will affect the progress of the
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performance of the work yet to be performed, in contrast with the planned progress of performance of such
work. Each such update and/or revision to the construction schedule shall be submitted to the Owner and
Engineer. Failure of the Contractor to develop, update, revise, or submit the construction schedule(s) as
aforesaid shall be sufficient grounds for the Owner to find the Contractor in material default and shall be
sufficient cause to terminate the Contract or to withhold payment to the Contractor until a schedule or
schedule update is submitted.
C) The Contractor agrees that whenever it becomes apparent from the progress review meeting
or CPM schedule that the contract completion date will not be met, the Contractor shall notify the Owner and
Engineer of the potential schedule change within three (3) days of a commencement of delay or knowledge of
a potential delay. Prior to requesting a time extension, Contractor shall execute some or all of the following
remedial actions at Contractor's sole cost and expense:
1. Increase manpower as necessary to eliminate work backlog.
2. Increase the number of working hours per shift, shifts per working day, working days per
week, construction equipment, or any combination of the foregoing to eliminate the
backlog.
3. Reschedule the work in conformance with specification requirements.
d) Neither the Owner nor the Contractor shall be considered to own the schedule float time.
GC 12 LIQUIDATED DAMAGES.
If the actual completion date for substantial completion or final completion occurs later than the time
indicated in the Special Terms or later than the scheduled completion date if a duly authorized change order
for time is issued, liquidated damages in the amount(s) set forth in the Special Terms shall be paid by
Contractor for unexcused delay in performance of the work.. Contractor agrees that Owner's actual damages
in the event of unexcused delay are difficult to ascertain and therefore the parties agree that the sums
established in the Special Terms are reasonably related to what damages Owner may suffer and are
enforceable liquidated damages and not penalties.
GC 12 SCHEDULE OF VALUES.
Within ten (10) days after the date of the Owner's issuance of a Notice to Proceed, Contractor shall
submit for review and approval of Owner and Engineer, a schedule of values, by phases of work, to show a
breakdown of the Contract Price corresponding to the payment request breakdown and progress schedule line
items. The schedule of values must also show dollar value for each unit of work scheduled. Change Orders
are to be added as separate line items.
GC 13 LAND FOR WORK.
Contractor's access to the sit2 and storage areas shall be as shown on the plans and as designated by the
Owner. Access routes may also be used by County employees and other contractors. No other access points
shall be allowed unless approved by the Owner. All contractor traffic authorized to enter the site shall be
experienced in the route or guided by contractor personnel. The Contractor is responsible for immediate
cleanup of any debris deposited along the access route as a result of its construction traffic. In the event the
Owner provides conditions or reasonable restrictions on the use or access to the lands upon which or adjacent
to the Work under this Contract is to be done, Contractor shall comply with all such conditions or restrictions.
Any delay in the furnishing of these lands by the Owner shall be deemed proper cause for an equitable
adjustment in both Contract price and time of completion.
Owner, and its duly authorized employees and representatives, and representatives of all
governmental agencies having jurisdiction over work areas or any part thereof, shall, at all reasonable times,
have access to such areas and the premises used by Contractor. Contractor shall also arrange for Owner, its
representatives and employees, to have access at all reasonable times to all places where equipment or
materials are being manufactured, produced or fabricated for use under the Contract.
GC 14 SURVEY LINES AND GRADE
Unless otherwise specified, the Engineer shall furnish all land survey control points, base lines and
benchmarks for the location of the work. The Contractor shall be responsible for the preservation of all lines,
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points, and elevations furnished and shall bear the expense of resetting same if Contractor or any of its
subcontractors move or destroy or render inaccurate any such base lines, points and elevations. From the
information provided by the Engineer, the Contractor shall develop and make all detail surveys and establish
lines and grades as required. The Contractor shall keep the Engineer informed as to his needs for base lines
or bench marks in order that the same may be furnished and all necessary measurements made for the
record with a minimum of inconvenience to the Engineer or delay to the Contractor.
GC 15 SITE CONDITIONS.
Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of
the work and the general and local conditions, and particularly, but without limitation, with respect to the
following: conditions affecting the transportation, access, disposal, handling and storage of materials; the
availability, quantity and quality of labor, water and electric power; availability and condition of roads; climatic
conditions; location of underground utilities; existing site conditions, topography and ground conditions;
subsurface geology, and nature and quantity of surface and subsurface materials to be encountered; and all
other matters which can in any way affect eh performance of the Contract or the cost associated therewith.
Contractor's failure to assess the site conditions will not relieve it from the responsibility for properly estimating
the costs and schedule of performing the work.
GC 16 SUBSOIL CONDITIONS.
Unless otherwise stipulated in the plans and specification, no subsoil investigations have been made.
The Contractor shall satisfy itself as to all subsoil conditions.
GC 17 SURFACE AND SUBSURFACE WATER
The control of surface and subsurface water by Contractor shall be permitted by the proper regulatory
agencies, with copies submitted to Owner. Contractor shall immediately remedy any permit violations and
shall be responsible for any fines or penalties assessed by such agencies for permit violations.
CG 18 CONTRACTOR WORK AREA
Contractor's work area on the job site will be assigned by Owner. Contractor shall confine its office,
storage, assembly, equipment and parking to the areas so assigned. Should Contractor find it necessary to
use any additional land outside the work site for any purpose, Contractor shall, at its expense, provide for the
use of any such additional land.
CG 19 CONTRACTOR -FURNISHED MATERIALS EQUIPMENT AND WORKMANSHIP
Contractor shall provide and use on any work only such construction plant and equipment as are
capable of producing the quality and quantity of work and materials required by the drawings and
specifications within the established schedule. Only new, unused materials and items of recent manufacture,
of designated quality, free from defects, will be accepted. Contractor shall, if requested, furnish evidence
satisfactory to the Owner as to the kind and quality of materials. Contractor shall utilize lumber, timber and
other forest products produced and manufactured in Florida when such products are available and their price,
fitness and quality are equal to comparable products. Upon written order of the Owner, Contractor shall
discontinue operation of unsatisfactory plant, equipment and/or facilities. Owner will be the final authority for
determining conformance of workmanship, materials, equipment and systems with the requirements of the
Contract. (255.20)
Where Contractor supplied drawings are required for planning or performance of the work, such
drawings shall include, but not be limited to, matchmarks, erection diagrams and other details such as field
connections for property installation. Such drawings shall be submitted by and at the expense of Contractor.
At least 21 days shall be allowed for review by Owner. If drawings show variations from the contract
requirements, the Contractor shall describe such variations in writing at the time of submission. Review and
permission to proceed by Owner does not constitute acceptance or approval of design details, calculations,
analyses, test methods or materials develop or selected by the Contractor and does not relieve Contractor
from full compliance with contractual obligations.
Where samples are required, samples shall be submitted by and at the expense of Contractor.
Materials represented by such samples shall not be manufactured, delivered to the site or incorporated into
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the work without such review. At least 21 days shall be allowed for Owner's review.
The Owner or Engineer shall notify the Contractor of defective or unacceptable work if the Owner
discovers such. No work defect in construction or quality, or deficient in meeting any requirement of the
Contract, drawings or specifications, will be acceptable regardless of Owner's failure to discover such defects
during construction; nor will inspection by the Engineer relieve Contractor from ensuing the quality of the work
as required by the Contract. No payment, whether partial or final, shall be construed as an acceptance of
defective work or improper materials.
GC 20 PROTECTION OF THE WORK AND PROPERTY
The Contractor shall continuously maintain adequate protection of all work from loss, theft or damage
from whatever cause, and shall take all reasonable precautions to protect the property of the Owner and third
parties from theft, injury or loss arising in connection with this Contract. Contractor shall comply with the
requirements of the Owner and its insurance carriers and all applicable laws, codes and regulations with
respect to prevention of damage.
Contractor shall preserve and protect all cultivated and planted areas and vegetation such as trees,
plants, shrubs and grass on or adjacent to the premises, which, as determined by Owner, do not reasonably
interfere with the performance of the work. Contractor shall be responsible for damage to any such areas and
vegetation and for unauthorized cutting of trees and vegetation. Contractor shall leave all adjacent property in
as good condition as it was prior to beginning of the Contract. All cost in connection with any repairs or
restoration necessary or required as a result of damage shall be borne by Contractor.
Where practical, Contractor shall erect a temporary fence around the work site. Contractor shall
prepare and maintain accurate reports of incidents of loss, theft or vandalism and shall furnish these reports to
Owner wither three (3) days of each incident.
Until final acceptance of the work by the Owner, the Contractor shall have full and complete charge or
and shall bear all risk of loss of, and injury or damage to, the work performed under this Contract, or any
portion thereof, including materials, Owner -furnished supplies and equipment, from any cause whatsoever.
Contractor shall rebuild, repair, restore and make good any damages, injury, or loss to the work and to the
property of the Owner or third parties, except such as may be directly due to errors in the Contract documents
which the Contractor did not or could not have discovered through due diligence, or caused by agents or
employees of the Owner, unless such loss or damage would be covered by any policy of insurance maintained
by the Contractor.
GC 21 UTILITIES
The Contractor shall, at its expense, arrange for, develop and maintain all utilities in work areas,
including, but not limited to: construction power, water as required throughout construction, and telephone
service, if needed. Prior to final acceptance of the work, Contractor shall, at its expense, remove all temporary
utilities. Contractor shall conduct its operations so as not to damage, close or obstruct any utility installation,
highway, road or other property until permits therefore have been obtained.
GC 22 DELIVERY UNLOADING AND STORAGE
Contractor shall, at its expense, receive, unload, store in a secure place, and deliver from storage to
the construction site, all materials, plant and equipment required for the performance of the Contract. Material
and equipment subject to degradation by outside exposure shall be stored in a weather -tight enclosure
provided by Contractor at its expense.
GC 23 FIRE PROTECTION
All necessary precautions to avoid and eliminate fire hazards shall be the responsibility of the
Contractor. Contractor shall provide portable fire extinguishers, properly labeled, located and compatible with
the hazard of each work area and shall instruct personnel in their use.
GC 24 ILLUMINATION
When any work is performed when daylight is obscured or at night, Contractor shall, at its expense,
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provide artificial light sufficient to permit work to be carried on satisfactorily and safely.
GC 25 DUST CONTROL
For the duration of the contract, the Contractor shall, at its expense, maintain all excavations, roads,
plant sites, borrow areas and all other work areas free from dust. Code -required or industry -accepted
methods of dust control suitable for the area involved and approved by Owner will be permitted.
GC 26 POLLUTION CONTROL
Contractor shall, at its expense, perform its work so as not to discharge into the atmosphere, any body
of water, the ground or groundwater, from any source, smoke, dust or other contaminants in violation of the
laws, rules and regulations of all federal, state and local air and water pollution requirements. Contractor shall,
at its expense, provide suitable facilities to prevent any such discharges. Contractor shall immediately report
to Owner and appropriate authorities any spill of contaminant.
GC27 DEBRIS DISPOSAL
All debris shall be legally disposed of at licensed disposal site(s).
GC 27 EXPLOSIVES AND HAZARDOUS MATERIALS
Contractor shall obtain all required federal, state and local permits and licenses and shall be
responsible for the safe and proper handling, transportation, storage and use of any explosive or hazardous
material brought onto or encountered with in the site. The Contractor will notify the Owner immediately if
explosive or hazardous materials are encountered on the site. Contractor shall maintain and post as
necessary, Material hazard Data Sheets for all applicable hazardous materials used in the course of the work.
In the event that hazardous material is improperly handled or stored by the Contractor or its sub -contractors,
which results in contamination of the site, Contractor shall immediately notify the Owner and the appropriate
governmental authority and shall take whatever action is necessary or desirable to remediate the
contamination at the Contractor's sole cost and expense. Contractor shall indemnify and hold harmless the
Owner from any expense, action or liability resulting from such contamination and remedial actions.
GC 28 LABOR
Contractor shall employ only competent and skilled personnel to perform the work. Contractor shall, if
requested by Owner, remove from the jobsite any personnel of Contractor who is determined by Owner to be
unfit or working in violation of any provision of the Contract. Contractor and all subcontractors shall be bound
by and comply with all applicable Federal, State and local laws regarding labor. All work performed after
regular working hours, on Sundays or legal holidays, shall be performed without additional expense to the
Owner.
GC 29 SAFETY
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the work. Contractor will provide to each worker on the job site the proper
safety equipment for the duties being performed by the worker and will not permit any worker on the job site
who fails or refuses to use the safety equipment. The Contractor shall provide and maintain all necessary
watchmen, barricades, warning lights, and signs and take all necessary precautions for the protection of all
persons involved in the work, the public, and all employees or representatives of Owner. All work and all
equipment, machinery, materials and tools shall be in compliance with and conform to all applicable laws,
ordinance, rules and regulations.
GC 30 PROGRESS
During construction, Contractor shall keep a marked -up and up-to-date set of drawings showing as -
built conditions on that site as an accurate record of all deviations between work as shown and work as
installed. These drawings shall be available to Owner and Engineer for inspection at any time.
During construction, Contractor shall keep a marked -up and up -to date set of specifications showing
as -is conditions on the site annotated to clearly indicate all substitutions or product selections that are
incorporate into the work. These specifications shall be available to Owner and Engineer for inspection at any
time.
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If at any time Contractor's actual progress is inadequate to meet the requirements of the Contract,
Owner may so notify Contractor who shall thereupon, at its expense, take such steps as may be necessary to
improve its progress to meet the approved schedule. If within a reasonable period as determined by Owner,
Owner determines that Contractor is not prosecuting its work with such diligence as will assure completion
with the times scheduled, the Owner may declare a default of this Contract.
GC 31 INSPECTION,
Engineer: The Owner may provide Engineering personnel for the observation of the work. The
Owner, Engineer and their representatives shall at all times have access to the work whenever it is in
preparation or progress, and the Contractor shall provide proper facilities for such access and for inspection.
If the specifications, the Engineer's instructions, applicable laws, ordinances, or any public authority require
any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its
readiness for observation and, if the observation is by another authority than the Engineer, of the date fixed for
such observation. If any work should be covered up prior to any quality inspection or test by Owner or
Engineer, it must, if required by the Engineer, be uncovered for inspection and properly restored at the
Contractor's expense.
GC 32 TESTING
Unless otherwise provided in the Contract, drawings or specifications, shop testing of material or work
shall be performed by the Contractor at its expense and in accordance with the technical specifications.
Should tests in addition to those required by the specifications be desired by Owner, Contractor will be advised
in reasonable time to permit such additional testing at Owner's expense, unless additional tests are required
due to Contractor's work or materials having failed any initial test. Contractor shall furnish samples as
requested and shall provide reasonable assistance and cooperation necessary to permit tests to be performed
on materials or work in place, including reasonable stoppage of work during testing.
GC 33 SUBSTITUTION.
The naming of a specified product of specific manufacturers for equipment or materials under the
various items of specifications or as shown on the plans shall be interpreted as establishing a minimum
standard of quality and performance. It shall not be construed as eliminating the selection of other than the
named equipment or materials equal to those specified, unless the materials are specifically designated as not
permitting substitution.
Prior to proposing any substitute item, Contractor shall satisfy itself that the item proposed is equal or
better to that specified, that such item will fit into the space allocated, that such item affords comparable ease
of operation , maintenance and service, that the appearance, longevity and suitability for the climate are
comparable, that by reason of costs savings, reduced construction time or similar demonstrable benefit, the
substitution of such item will be in Owner's interest and will in no way detrimentally impact the project
schedule. The burden of proof that such an item offered is equal in all respects to that specified shall be the
Contractor's. Contractor shall submit drawings, samples, data and additional information as may be required
by Owner. All requests for substitutions, with supporting information, shall be submitted by and at the expense
of Contractor. At least 35 days shall be allowed for Owner's review.
The Owner or its Engineer shall make the determination as to the acceptability of any substitution.
Approval of a substitution shall not relieve Contractor from the responsibility for compliance with all
requirements of the Contractor. Contractor shall coordinate the change with all trades and bear the expense
for any changes in other parts of the work caused by any substitution.
Contractor may make only two requests for substitution in the same category and Contractor shall be
invoiced the expenses incurred by Owner for its design professionals in reviewing additional substitution
requests, unless otherwise approved by Owner.
GC 34 CORRECTION OF DEFECTIVE MATERIALS OR WORKMANSHIP
If any material, equipment orworkmanship is determined by Owner, either during performance of the
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work, during final quality inspection or during the warranty period, to be defective or non in compliance with the
specifications and the Contract, Owner shall notify Contractor in writing that such material, equipment or work
is rejected and the Owner reserve the right to withhold payment on any such item. Contractor shall, at its own
expense, immediately remove and replace or correct such defective material, equipment or work by making
the same strictly comply with all requirements of the drawings, specifications and contract. If Owner or
Engineer deems it inexpedient to correct work that has been damaged or that was not performed in
accordance with the drawings, specifications and contract, an equitable deduction from the contract price shall
be made for such work.
GC 35 CORRECTION OF WORK.
The Contractor shall promptly remove from the premises all materials condemned bythe Engineer as
failing to meet contract requirements whether incorporated in the work or not, and the Contractor shall
promptly replace and re -execute his own work in accordance with the Contract and without expense to the
Owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by
such removal or replacement. Contractor further agrees to correct all work found by the Owner to be defective
in material and workmanship or not in conformance with the drawings and specifications for a period of one
year from the final certificate of occupancy for the project (or equivalent) or for such longer periods of time as
may be set forth with respect to specific warranties contained in the trade sections of the specifications
Contractor shall commence final completion of nonconforming work and correction of the work within seven
(7) days of written notice by the Owner and shall perform all such work in compliance with the objective
standards commonly found in the construction industry of Indian River County, Florida. If the Engineer or the
Owner deems it inexpedient to correct work that has been damaged or that was not done in accordance with
the Contract, an equitable deduction from the Contract price shall be made therefore.
GC 36 OWNER'S RIGHT TO CORRECT OR COMPLETE WORK
If the Contractor should neglect to prosecute the work properly or fail to correct nonconforming work
or fail to perform any provisions of this Contract, the Owner may, after three (3) calendar days written notice
and opportunity to cure to the Contractor, without prejudice to any other remedy Owner may have, make good
these deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor.
GC 37 CHANGES IN WORK,
The Owner, without invalidating the Contract, may order written additions to or deductions from the
work, the Contract price being adjusted accordingly. The Engineer, with the consent of the County, will have
authority to make minor changes in the work not involving extra cost, and not inconsistent with the purpose of
the work. If the Contractor believes that a variation or change justifies a modification in the Contract price, the
Contractor may submit a request for change order at its expense. If a request for change order is made, the
Contractor is not authorized to vary the work unless a written Change Order or written Construction Change
Directive is issued by the Engineer and executed by the Owner. No change order shall be valid unless
executed by the authorized signatory of the Owner. The Engineer is not authorized to bind the Owner to
change in contract price or time. The Contractor shall notify the Engineer within seven (7) days of any
occurrence which, in the opinion of the Contractor, entitles it to an adjustment of the Contract price or a time
extension. The Engineer will respond to the request for change order within ten (10) days of receipt of the
Contractor's notice. For the purposes of this paragraph, a day shall be defined as any business day, Monday
through Friday, excluding holidays. The Engineer and Owner may issue an executed change order
authorizing any changes in the Work, adjustments in the Contract price and extensions of time. Agreement on
any Change Order shall constitute a final settlement and release by Contractor of all matters relating to the
change in the work which is the subject of the Change Order, including, but not limited to, all direct and indirect
costs associated with such change and any and all adjustments to the Contract price and the Contract time.
If a change order is not yet approved or cannot be agreed upon, the Contractor is authorized, upon
issuance of a written Construction Change Directive (CDD) prepared by the Engineer and approved by the
Owner, to proceed with such change on a time and material basis plus ten percent (10%). The Contractor
expressly acknowledges that commencing work without a written Change Order or Construction Change
Directive executed by Owner in advance of commencement of work waives any claim by Contractor to
additional sums or time.
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Upon approval by Engineer and Owner as to any adjustments to the contract price and/or time for
changes performed under a CDD, such approval shall be recorded by the preparation of a change order. The
Contractor shall not seek payment for work performed pursuant to a CDD until it has been converted to a
change order.
The Engineer shall have the authority to order minor changes in the work which do not involve
adjustment to the Contract price or time and which are not inconsistent with the intent of the contract
documents.
A bond rider from the Surety shall be submitted to the County with each change order that increases
the Contract price.
GC 38 USE OF COMPLETED PORTIONS,
The Owner shall have the right to take possession of and use any substantially completed portions of
the work. Such use by Owner shall not be construed as constituting final acceptance, and shall neither relieve
Contractor of any of its responsibilities under the Contract, nor act as a waiver by Owner of any contract
provisions; provided that the Contractor shall not be liable for any repair or maintenance required due to
ordinary wear and tear resulting from such use. However, if such use increases the cost or delays the
completion of remaining portions of work, Contractor shall be entitled to an equitable adjustment under the
contract.
GC 39 CLEANING UP.
Upon completion of any portion of the work, the Contractor shall remove at his own expense from the
Owner's property all temporary structures, equipment and surplus materials not required for later stages of
work, rubbish, and waste materials resulting from his operations. Contractor shall make its own
arrangements, at its own cost, for disposal of rubbish and waste materials. The Owner reserves the right to
retain any surplus or salvage materials.
CG 40 BASIC REQUIREMENTS PRIOR TO SUBSTANTIAL COMPLETION
The following items shall be completed as a condition precedent to substantial completion and prior to
a request by the Contractor for inspection for substantial completion. In the event the Contract does not define
substantial completion, the following are also conditions for final completion and acceptance:
1. All general construction completed and the project components shall be clean and all
systems fully functional.
2. All mechanical and electrical work substantially complete, fixtures in place, connected,
cleaned and ready for use.
3. All electrical circuits shall be scheduled in panels and all panels and disconnect switches
properly labeled.
4. Issuance of all permits and certificates, inspections, and other approvals and releases by
governing authorities required for Owner's occupancy and use of the project.
5. Project site shall be cleared of Contractor's excess equipment and/or supplies and material.
6. All sets of operation and maintenance manuals for all equipment shall have been submitted,
as referenced in the technical specifications.
7. Manufacturers' certifications and warranties shall be delivered to Owner.
8. All operations and maintenance manuals for all equipment shall be delivered to Owner.
9. All required spare parts, as well as any special devises and tools shall be delivered to Owner.
10. All keys and blanks shall have been provided.
11. Punch list of items required to render the construction services complete, satisfactory and
acceptable to the Owner. If the Contract provides for a multi -phased or multi -structure project, a punch list
must be developed for each phase or structure.
Contractor shall arrange a joint site and project inspection(s) with Engineer for inspection for
substantial completion and development of a punch list for the completion of construction services. Said
punch list shall be prepared not later than thirty (30) days after the inspection for substantial completion.
Punch list items recorded as a result of inspections for substantial completion shall be corrected by the
Contractor prior to any request for final inspection and acceptance.
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If substantial completion is not obtained at the inspection called by Contractor, for reasons which are
the fault of Contractor, any additional cost to Owner for the Engineer or design professional for any
subsequent inspections for the purpose of determining substantial completion shall be the responsibility of the
Contractor and shall be assessed against the final payment application.
GC 41 FINAL INSPECTION AND ACCEPTANCE
The following items shall be completed as a condition precedent to a request by Contractor for final
inspection:
1. Completion of all punch list items recorded from the substantial completion inspection.
2. A complete set of mylar or paper marked -up as-builts with "RECORD" or "AS BUILT" clearly
printed on each sheet along with one copy on AutoCAD CD Release 14 or better on State Plane Coordinates.
Contractor shall accurately and neatly transfer all deviations from progress as-builts to final as-builts. As -built
records shall include drawings signed and sealed by a registered land surveyor certifying the elevation and
location of improvements. Certified drawings are to show locations, lines and grade of buried pipe line four (4)
inches or larger in diameter and exterior to buildings, and other buried facilities (e.g. valves, tanks, vaults,
storm inlets, ducts, etc.) installed or discovered as a result of the work. Certified drawings are to show building
corners, sidewalks, paved areas and the location of all above ground structures within the project site.
Contractor shall sign each final record drawing and note thereon that the final as-builts are complete and
accurate.
3. A complete set of marked -up specifications with "RECORD" or "AS -BUILT' clearly printed on
the cover. Contractor shall accurately and neatly transfer all deviations from progress specifications to final
as-builts.
4. A signed and notarized affidavit indicating that no asbestos containing materials were used or
installed during the course of the work.
5. A list of each piece of equipment having an individual value of $500 or greater. The list shall
include, at a minimum, the name, make and model number, quantity installed, value of equipment.
Contractor shall inform Owner in writing that work is ready for final inspection. The Engineer will,
within five (5) business days, make such inspection. When Engineer finds the work acceptable under the
Contract and all contract terms and conditions fully performed, Engineer shall issue a Final Certification to
Owner.
GC 42 EXTENSION OF TIME.
The time limit for the completion of the work as described in the Contract is of the essence of this
Contract. Contractor must request an extension of the contract completion date in writing and must provide
the following information within seven (7) days of commencement of the delay. Contractor acknowledges that
the evaluation of time extensions will be based on the following information:
1. All schedule updates, submittals and other conditions of the Contract have been met;
2. The delay is beyond the control of the Contractor and subcontractors and due to no
direct or indirect fault of the Contractor.
3. Nature of the delay.
4. Dates of commencement / and end of delay.
5. Evidence that the delayed work results in a direct delay to the schedule critical path.
6. List of tasks/work affected by the delay.
7. Anticipated extent of delay.
8. Recommended action to minimize delay.
9. The Contractor has used all the float time available for the work involved in the delay
request.
Time extensions for weather delays will only be considered if all float time is exhausted prior to the weather
occurrence. Failure of Contractor to timely request a time extension constitutes a waiver by Contractor and a
denial of a time extension.
If the Contractor is delayed at any time in the progress of the work by any act or neglect of the Owner, or if any
employee of the Owner or by any separate Contractor employed by the Owner or by any changes ordered in
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the work, by labor disputes, fire, or unusual delay in transportation, unavoidable casualties or any causes
beyond the Contractor's control or by delay authorized by the Owner pending resolution of disputes, and such
delay extends the Project completion date, Substantial Completion shall be extended by Change Order for
such reasonable time as the Owner may determine.
GC 43 NO DAMAGES FOR DELAY; EXCLUSIVE REMEDY,
The Contractor expressly agrees that a change order for an extension of the project completion date
and substantial completion date constitutes its sole and exclusive remedies for efficiency or other related time
or impact -based claims (hereinafter collectively "delay") or for delay attributable to any foreseen or unforeseen
condition, or for delays claimed to be the result of active, intentional, knowing or passive interference by the
Owner, Engineer, or agents of either, and waives claims for any and all damages which it may suffer by
reason of such claims, including but not limited to, lost profits, loss or impairment of bonding capacity,
destruction of business, overhead, supervision, extended unabsorbed home office overhead, increase
insurance costs, lost profits on alternate or unperformed contracts. Contractor hereby affirms that an
extension of time is the Contractor's sole and exclusive remedy. Apart from extension of time, no payment of
claim for damages shall be made to the Contractor as compensation for damages for any delays in the work,
whether such delay be avoidable or unavoidable.
GC 44 PAYMENT PROCEDURE,
GC 44.1 Contractor's invoices shall reference the bid number. Submittals of estimates and
invoices for payment must be directed to: Indian River County — Accounts Payable, The County will
not be responsible for any delay in payment at the County if Contractor submits his estimate and invoice
to any other address.
GC 44.2 Initial Payment. Prior to submittal of its initial payment request, Contractor shall
have submitted the following items to the Engineer:
1. List of Subcontractors and suppliers
2. Project schedule
3. Schedule of values
4. All current certificates of insurance
5. Designation of Contractor's Project Manager
GC 44.3 Progress Payments. Not more than once each month, the Contractor shall prepare
and submit a detailed estimate and payment request on a standard AIA form, covering the percentage of
the total amount of the Contract which has been completed from the start of the job up to and including
the last day of the preceding month, together with such supporting evidence as may be required by the
Owner and/or the Engineer. This estimate shall also include the cost of such materials and equipment
required in the permanent work as has been delivered to the site and suitably protected but not as yet
incorporated in the work. Partial Release(s) of Lien and Subcontractor Utilization Report shall be
submitted with each payment requisition to verify payment(s) to subcontractors and material suppliers.
GC 44.4 In accordance with the Local Government Prompt Payment Act, until the Project is
determined to be 50% complete, the Owner shall withhold retainage of ten percent (10%) from each
progress payment pay to the Contractor based on the Contractor's estimate and invoice as approved by
the Engineer. It is agreed that the Engineer shall have the right to finally determine the amount currently
due to the Contractor.
GC 44.5 After the Project is determined to be 50% complete, the Owner shall withhold
retainage of five percent (5%) from each progress payment pay to the Contractor based on the
Contractor's estimate and invoice as approved by the Engineer. It is agreed that the Engineer shall have
the right to finally determine the amount currently due to the Contractor. Contractor may present to
Owner a payment request for up to one-half of the retainage held by Owner. If Owner has grounds under
Florida law to continue to retain all or a portion of the requested retainage, Owner may continue to hold
such retainage.
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GC 44.5 Final payment may be made to certain select Sub -contractors whose work is
satisfactorily completed prior to the total completion of the Project but only upon advance written approval
of the Owner and Surety.
GC 44.6 If there remain items to be completed, the Contractor and Owner shall list those items
required for completion and the Contractor shall require the retainage of a sum equal to 200% of the
estimated cost of completing any unfinished items, provided that said unfinished items are listed
separately and the estimated cost of completing any unfinished items likewise listed separately.
GC 44.7 The Contractor shall timely pay and not withhold payments to Sub -Contractors if such
payments have been made to the Contractor. Should this occur for any reason, the Contractor shall
immediately return such monies to the Owner, adjusting pay requests and project bookkeeping as
required.
GC 44.8 Substantial Completion. Following determination by the Engineer of substantial
completion, Contractor shall separately list each item of the punchlist required for final completion and the
estimated cost of completing each item. Provided all pre -requisites for substantial completion have been
met, Contractor may submit a special payment request along with the cost list for unfinished work. The
County may retain a sum equal to 150% of the estimated cost of completing the unfinished items.
GC 44.9 Final Payment. In case of disputed indebtedness or liens the Contractor may submit
in lieu of evidence of payment a surety or Performance Bond satisfactory to the Owner guaranteeing
payment of all such disputed amounts when adjudicated in cases where such payment has not already
been guaranteed by a Surety or Performance bond.
Upon issuance of a Final Certification by Engineer, and completion of all of the following items, Contractor
may submit its final invoice.
1. Notarized and corporate sealed Final Release of Liens from all sub -contractors and
suppliers.
2. Notarized and corporate sealed Final Release of Liens from Contractor.
3. Consent of surety for final payment.
4. All pre -requisites for substantial completion and final completion have been met.
The making and acceptance of the final payment shall constitute a waiver and release of all claims by the
Contractor, except those previously made in writing and still unsettled.
GC 44.10 Withheld Payments. The Owner may withhold or, on account of subsequently
discovered evidence, nullify the whole or part of any certificate of payment to such extent as may be
necessary to protect Owner if:
a. Defective work or material is not remedied.
b. Claims filed or reasonable evidence indicating public filing of claims by Owner or third parties
against the Contractor.
C. Failure of the Contractor to make payments to sub -contractors or for material or labor.
d. Damage to another Contractor.
e. Contractor is in default of any contract condition.
f. Contractor fails to submit information required by this Contract.
g. Contractor consistently fails to perform work in accordance with the Contract Documents.
h. Owner has reasonable doubt that Contract work can be completed within the schedule or for
the balance of the Contract price which remains unpaid.
i. Contractors insurance coverage lapsed.
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j. Owner has a right to claim liquidated damages.
When the above grounds are removed or the Contractor provides a Surety or Performance Bond satisfactory to
the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts
withheld because of them.
GC 44.11 The provisions of the Local Government Prompt Payment Act, Section 218.70 et seq, Fla.
Stat., are incorporated by reference herein. The Act provides payment due dates, addresses, interest
and payment dispute resolution.
GC 45 LIENS.
Neither the final payment nor any part of the retained percentage shall become due until the
Contractor shall deliver to the Owner complete releases of all claims or liens arising out of this Contract, or
receipts in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or
information the release and receipts include all the labor and materials for which a lien or claim could be filed;
but the Contractor may, if any sub -contractor refuses to furnish a release or receipt in full, furnish a bond
satisfactory to the Owner, to indemnify the Owner against any claim or lien (in cases where such payment is
not already guaranteed by Surety or Performance Bond). If any claim or lien remains unsatisfied after all
payments are made, the Contractor shall refund to the Owner all moneys that the latter may be compelled to
pay in discharging such a lien, including all costs and reasonable attorney's fee.
GC 46 CONSTRUCTION PERFORMANCE BOND. (if required)
(A) In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall provide to
the Owner, on forms furnished by the Owner, a 100% Performance Bond and a 100% Labor and
Material Payment Bond ("Bond") each in an amount not less than the total Cost of the Project as
defined in Article 11. The Bond shall incorporate by reference the terms of the Contract Documents in
its entirety. Moreover, Contractor agrees that the following language shall be expressly included
within the language of its Performance Bond:
"Surety expressly agrees to be bound by all terms and conditions relating to liquidated, delay
and time or impact related damages, and is responsible for any and all warranty obligations
or damages as a result of latent defects or deficiencies in the work performed under the
Contract Documents incorporated herein or as provided for by Florida law."
(B) Contractor's Surety agrees, moreover, to be bound by all terms and conditions related to delay and
liquidated damages. Except as otherwise agreed to in writing, the Contractor's Surety waives all rights
against the Owner and any of its agents and employees, for damages or other causes of loss by
Contractor's Surety performance of its obligations under the performance bond, including claims by
Contractor's Surety against the Owner for costs it asserts were not warranted by these Contract
Documents and excluding only such rights as they have to proceeds of such insurance held by the
Owner as fiduciary. This waiver of subrogation shall be effective as to a person or entity even though
that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not
pay the bond premium directly or indirectly, and whether or not the person or entity had an insurable
or suretyship interest in the property allegedly damaged.
(C) To be acceptable to The Owner of as Surety for this Project, a Surety Company
shall comply with the following provisions:
(1) The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida
Department of Insurance, authorizing it to write surety bonds in the State of Florida.
(2) The Surety Company shall have currently valid Certificate of Authority issued by the United States
Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
(3) The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code.
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(4) The Surety Company shall have at least twice the minimum surplus and capital required by the
Florida Insurance Code at the time the invitation to Proposal is issued.
(5) The Surety Company shall have at least the ratings of A -Class V in the latest issue of Best's Key
Rating Guide.
(6) The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten
(10) percent of its surplus to policyholders, provided:
(a) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation
of the risk as prescribed in this section. These minimum requirements shall apply to the
reinsuring carrier providing authorization or approval by the State of Florida, Department of
Insurance to do business in this state have been met.
(b) In the case of the surety insurance company, in addition to the deduction for reinsurance, the
amount assumed by any co -surety, the value of any security deposited, pledged or held
subject to the consent of the surety and for the protection of the surety shall be deducted.
GC 47 INSURANCE,
1. The Contractor shall maintain and pay for such insurance, issued in the name of the Owner
and naming the Owner as an Additional Insured, with such coverages as will protect the Owner from
contingent liability under the Contract, as set forth in the Special Conditions
2. Coverages. See Special Conditions.
3. The Certificate of Insurance and policy endorsements or riders shall name the County as
"ADDITIONAL INSURED" with respect to all Liability coverages. Contractor shall provide
evidence of continued coverage in the event of renewal or policy termination. Owner may
withhold payment to Contractor until evidence of insurance coverage is received.
4.. These insurance requirements shall not in any manner limit or qualify the liabilities and
obligations assumed by Contractor under the Contract.
5, The Contractor shall be entirely responsible for securing Certificates of Insurance coverage
as set forth above from all subcontractors who are engaged in the work.
GC 48 INDEMNITY.
Contractor agrees to protect, defend, reimburse, indemnify and hold the Owner, its agents, employees
and elected officers and each of them (collectively), free and harmless at all times from and against any and
all claims, liability, expenses, losses, suits, costs, fines and damages, including attorney fees and costs, and
causes of action of every kind and character against the Owner by reason of any damage to property or the
environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party
acquiring any interest hereunder, and any third or other party whomsoever, or any governmental agency,
arising out of or incident to or in connection with Contractor's performance under this Contract, Contractor's
acts, omissions or operations hereunder, the site conditions, or the performance, non-performance or
purported performances of the Contractor or any breach of the terms of this Contract; to the extent caused by
the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons or entities
employed or utilized by Contractor in its performance. (§725.06 F.S.)
GC 49 DISPUTE RESOLUTION.
Final Completion. Notwithstanding any other provision, the parties agree that any unresolved dispute
regarding the punch list or any other requirement for Final Completion shall be mediated with the Engineer as
the mediator.
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Waiver of Arbitration. The Owner and Contractor agree expressly waive any and all provisions
anyad all pr Documents, regarding arbitration as a condition precedent to litigation
regarding arbitration, including
contained elsewhere in any Contract
GC 50 OWNER'S RIGHT TU I trcMIN/Ai r. 1 @ & `-
If the Contractor should be adjudged bankrupt, or if he should make a general assignment fort e
benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should
persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to
to supply enough properly skilled
maintain an established schedule (30 days behind a critical path activity), pp Y 9 P P Y
workmen or proper materials; or if he should fail to make prompt payments to subcontractors or for material or
labor or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise fails to
conform to the Contract requirements or abandons or refuses to perform any work, Owner may without
prejudice to any other right or remedy, and after giving the Contractor and its Surety seven (7) calendar days
written notice, terminate the employment of the Contractor and take possession of the premises and of all
materials, tools and appliances thereon, and finish the work by whatever method Owner may deem expedient.
In such case, the Contractor shall not be entitled to receive any further payment until Contractor cooperates
with Owner and complies with all reasonable requests regarding the terminated work, the work is finished nor
shall it be relieved from its obligations. If the unpaid balance of the contract price shall exceed the this excessxpense of
finishing the work, including compensation for additional managerial and administrative services,
shall be paid to the Contractor. Reasonable termination expenses incurred by the Owner may be deducted
from any payments left owing the Contractor (excluding monies owed the Contractor for subcontract work). If
the Contractor's surety is directed or agrees to complete the Work, then all payments due after termination
shall be made to the Surety until the Work is finished and the Contract price has been expended. The Surety
shall then be responsible for all of the obligations and duties of the Contractor under the Ctract e Bond to fu encs
and shall be bound by the conditions of the Contract Documents, s Contract and th
ll all
obligations of the Contract Documents for the Contract price in effect as of termination. The Surety may not
assign those obligations without the written consent of the Owner. The Surety shall be responsible for the
payment of all costs relating to the termination of the employment of the Contractor. Contractor and its surety
shall be jointly and severally liable for all costs in access of the Contract price for completion of the work and
for liquidated damages. If, upon termination for cause it is determined that Contractor was not in default, the
rights and obligations of the parties shall be as if the notice of termination has been issued for the Owner's
convenience.
GC 51 SU5PtN5wry Urc I Cr<Iwnvn i + .. • • • — -
1. The Owner may, at any time, without cause, order the Contractor in writing to suspend, delay or
interrupt the Work in whole or in part for such period of time as the Owner may determine, or to terminate all
or a portion of the Contract for the Owner's convenience. Upon such termination, Contractor waives any claim
nal
for damages, including loss of profits. Those Contract provisions which by thethe Contract price r nature surviveand
acceptance shall remain in full force and effect. If the Owner orders a suspension,
Contract time shall be adjusted for increases in the cost and time caused by suspension,
delay or interruption.
No adjustment shall be made to the extent that performance is, was or would have been so suspended,
delayed or interrupted by another cause for which the Contractor is responsible; or that an equitable
adjustment is made or denied under another provision of this Contract.
GC 52 CONTRAGTUK UbLIUAI ivwo ���•
Upon receipt of written notice from the Owner of termination, the Contractor shall cease operations as
directed by the Owner in the notice; take actions necessary, or that the Owner may direct, for the protection
and preservation of the work; and except for work directed to be performed prior to the effective date of
termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no
further subcontracts and purchase orders; and turn over all marked up drawings and specifications showing
progress to date. The Owner may assume and become liable at is sole discretion for obligations,
commitments and unsettled contractual claims that the Contractor has previously undertaken or incurred in
good faith in connection with said Project. Owner shall reimburse the Contractor for any cable underpaid and Contract
earned
Cost of the Project as of the date of termination, less damages or setoffs applicable
Documents. The Contractor shall, as a condition of receiving the payments referred to herein, execute and
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deliver all such papers and take all such steps including the legal assignment of his contractual rights, as the
Owner may require for the purpose of fully vesting in him the rights and benefits of the Contractor under such
obligations or commitments.
GC 53 REMOVAL OF EQUIPMENT
In the case of termination of this Contract before completion, from any cause whatsoever, the
Contractor, if notified to do so by the Owner, shall promptly remove any part or all of its equipment and
supplies from the property of the Owner, failing which the Owner shall have the right to remove such
equipment and supplies at the expense of the Contractor.
GC 54 WARRANTY.
Contractor shall warrant that all materials and equipment included in such Work will be new except
where indicated otherwise in Contract Documents, and that such work will be of good quality, free from
improper workmanship and defective materials and in conformance with the drawings and specifications.
Contractor warrants all equipment, materials and labor furnished under this Contract against defect in design,
materials and workmanship for a period of twelve (12) months from Final Payment, unless longer warranties
are provided in the Contract Documents in which case the longer period prevails. The Contractor shall collect
and deliver to the Owner any specific written warranties given by others as required by the Contract
Documents. Notwithstanding any provisions in the Contract Documents to the contrary, this express warranty
shall commence on the date the Owner obtains the final certificate of occupancy for the Project (or
equivalent). The Contractor shall conduct, jointly with the Owner, a warranty inspection nine (9) months after
the date of Final Completion. Upon receipt of Notice from the Owner of failure of any part of the guaranteed
equipment or materials during the guarantee period, the defective parts or materials shall be replaced
promptly with new parts or materials by the Contractor, at no expense to the Owner.
GC 55 ROYALTIES AND PATENTS
The Contractor shall pay for all royalties and license fees. Contractor indemnifies and shall defend
and hold Owner and its representatives harmless from and against all claims, losses, costs, damages and
expenses, including attorney fees in connection with any claims or actions based upon infringement of any
patent arising out of the use of any materials or equipment or processes furnished or employed by Contractor
under the Contract. The Owner shall be responsible for all such loss when a particular process or the product
of a particular manufacturer, or manufacturers, is specified; but if the Contractor has information that the
process or article specified is an infringement of a patent, he shall be responsible for such loss unless he
promptly gives such information to the Engineer.
GC 56 VERBAL AGREEMENTS
No verbal agreement or conversation with any officer, agent or employee of the Owner either before
or after execution of this Contract shall affect or modify any of the terms or obligations contained in any of the
documents comprising said Contract. All contract amendments or change orders shall be written and
executed by both Owner and Contractor.
GC 57 MISCELLANEOUS TERMS
GC 57.1 Headings. The headings contained in these General Terms and Conditions are
provided for convenience only.
GC 57.2 Intearation. This Contract constitutes the entire agreement between Contractor and
the Owner and supersedes all prior verbal and written agreements, understandings, negotiations and
discussions between the parties hereto. The Invitation to Bid and its terms and conditions are
incorporated herein and made a part of this Contract. No verbal agreement or conversation with any
officer, agent or employee of the Owner either before or after execution of the Contract shall affect or
modify any of the terms or obligations contained in any of the documents comprising said Contract.
GC 57.3 Severability. The invalidity, illegality or unenforceability of any provision of the
Contract shall not affect the validity, legality or enforceability or any other provision of the Contract and
the Contract shall be construed and enforced in all respects as if the invalid, illegal or unenforceable
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provision is not contained herein.
GC 57.4 Assignment. The Contractor shall not assign the Contract as a whole or in part
without the written consent of the Owner, nor shall the Contractor assign any monies due or to
become due to him hereunder without the previous written consent of the Owner and its surety.
Assigning the Contract shall not relieve the Contractor or his surety from any contract obligations.
GC 57.5 Specific Waiver. Any waiver issued by the Owner of any provision of the Contract
Documents shall only be effective if issued in writing by the Owner and shall be specific, shall apply
only to the particular matter concerned, and shall not apply to other similarterms
mrs
Either party's failure to enforce strict performance of any covenant, condition, promise,
agreement or undertaking set forth in the Contract shall not be construed as a waiver or
relinquishment of any other covenant, term, condition, promise, agreement or undertaking set forth
herein, or waiver or relinquishment of the same covenant, term, condition, promise, agreement or
undertaking at any time in the future.
GC 57.6 Public Entity Crimes. By executing a Contract with Owner, Contractor certifies, in
accordance with F.S. 287.133, that Contractor, its affiliates, suppliers, subcontractors and consultants
who will perform under this Agreement have not been placed on the convicted vendor list maintained
by the State of Florida Department of Management Services within the 36 months immediately
preceding the date of the Invitation to Bid.
GC 57.7 Compliance with Laws. Contractor shall complywith all applicable County,
State and
Federal laws relating to the provision of services under this Contract, now or hereafter in
Contractor shall comply with all applicable County, State and Federal laws relating to wages, hours,
and all other applicable laws relating to the employment or protection of employees, now or hereafter
in effect. It shall not be grounds for a change order that Contractor failed to investigate the codes and
regulations of all applicable government agencies with jurisdiction over the work.
GC 57.8 Small Business Requirements. Contractor shall comply with the County's Small
Business Ordinance set forth in Chapter 66 of the County Code, which is incorporated herein by
reference.
GC 57.9 No Solicitation. Contractor has not employed or retained any person employed by the
Owner to solicit or secure the Contract and it has not offered to pay, paid, or agreed to pay any person
employed by the Owner any fee, commission percentage, brokerage fee, or gift of any kind contingent
upon or resulting from the award of this Agreement.
GC 57.10 Non -Collusion. Contractor certifies that it has entered into no agreement to commit a
fraudulent, deceitful, unlawful or wrongful act, or any act which may result in an unfair advantage over
other bidders or contractors. (F.S. 838.22)
GC 57.11 Equal Employment Opportunity' Non -Discrimination. Contractor will not discriminate
against any employee or an applicant for employment because of race, color, religion, sex, national
origin or handicap. Contractor shall take affirmative action to ensure that applicants are employed
and that employees are treated fairly during employment without regard to race, color, religion, sex,
natural origin or handicap.
GC 57.12 Apprentices. If the Contractor employs apprentices on the project, the behavior of
the Contractor and the Owner shall be governed by the provisions of Chapter 446, Florida Statutes,
and by applicable standards and policies governing apprentice programs and agreements established
by the Division of Labor of the State of Florida Department of Labor and Employment Security. The
Contractor will include a provision similar to the foregoing sentence in each subcontract.
GC 57.13 Unauthorized Aliens. The Owner shall consider the employment by Contractor or its
subcontractors, any alien not authorized to work by the immigration laws or the Attorney General of
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the United States. Such violation shall be cause for unilateral cancellation of this contract.
GC 57.14 Right to Audit. Contractor shall maintain adequate records of the services for at least
three (3) years from project occupancy. Owner, during Contractor's business hours and with at least
24 hours prior notice to Contractor, shall have the right to audit the Contractor's books and records, at
the Owner's expense, with regard to the accounts and services provided to or on behalf of the Owner
hereunder to ensure that all aspects of the Contract are being met. Failure by Contractor to permit
such audit shall be grounds for termination of this Agreement by the Owner.
GC 57.15 Independent Contractor. Contractor represents that it is properly experienced,
licensed, equipped and financed to perform the work. Contractor acknowledges and agrees that it is
an independent contractor of the Owner and is not an employee of the Owner and shall maintain
control over its employees, subcontractors and work methods. Contractor more specifically
acknowledges that it: will not be eligible to participate in any employee benefit maintained by the
Owner; will not be covered by the Owner's workers' compensation insurance; and will be solely and
exclusively responsible for payment of all federal and state income, social security, unemployment
and disability taxes due in respect of all compensation and/or other consideration paid by the Owner
to Contractor hereunder.
GC 57.10 Availability of Funds. The obligations of the County under this Contract are subject to
the availability of funds lawfully appropriated for its purpose.
GC 57.16 Litigation. In the event suit is filed to construe or enforce this Agreement, the
prevailing party in such suit shall be entitled to an award of all costs and expenses incurred in
connection therewith, including, but not limited to, reasonable attorneys' fees and costs through trial
and appeal.
GC 57.17 Governing.Laws Venue. This Agreement shall be construed and interpreted, and the
rights of the parties hereto determined, in accordance with Florida law. The Owner and Contractor
submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that
proper venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the
Federal Southern District of Florida. Contractor agrees to waive all defenses to any suit filed in
Florida based upon improper venue or forum nonconveniens.
GC 57.18 Notices. All written notices and other communications required or provided for under
this Contract shall be sent by certified mail, return receipt requested, postage prepaid, in the case of
mailing, or by overnight or same day courier, or hand delivered to the following address and person
bearing the following title for each party hereto or such other addressee or person as shall be
designated by a party in a written notice given in the manner required hereby:
to Owner:
Indian River County
to Contractor: [to Contractor at the address listed on the first page of
this Contract to the attention of the Project Manager]
GC 57.19 Taxes. Contractor shall pay all taxes, duties and assessments imposed by law and
applicable to the Contract. Contractor is not entitled to Owner's tax exempt status and shall pay all
sales taxes. The Contract price shall include all taxes.
GC 57.20 Public Records. Contractor shall comply with Chapter 119, Florida Statutes,
regarding access to public records. Failure of compliance may be grounds for termination by the
Owner.
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D CONDITIO
1, GENERAL INFORMATION
The original and three (3) copies of your bid shall be submitted to Procurement Division at the
time and date specified. At the designated time and place, the County Procurement Official or
designee will publicly open the bids. These documents constitute the complete set of specification
requirements and bid forms. It is the responsibility of the bidder to insure that all pages are included.
Therefore, all bidders are advised to closely examine this package. Any questions regarding the
completeness of this package should be immediately directed to the Procurement Division, ALL BID
PROPOSALS MUST BE SUBMITTED ON THE PROVIDED INVITATION FOR BID "PROPOSALS"
FORM. BID PROPOSALS ON VENDOR LETTERHEAD/QUOTATION FORMS WILL NOT BE
ACCEPTED.
All bid proposals must be typed orwritten in ink, and must be signed in ink by an officer or employee
having authority to bind the company or firm. SIGNATURES ARE REQUIRED WHERE
INDICATED, FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF BID.
Bidders shall not be allowed to modify their bids after the opening time and date. Bid files may be
examined during normal working hours, after bid opening, by appointment only.
Time is of the essence and any bid received after 2.00 P.M. on October 15 ,
2008, whether by mail
or otherwise, will be returned unopened. The time of receipt shall be determined by the time clock
located in the office of the Procurement Official. Bids shall be placed in a sealed envelope, marked
in the lower left-hand corner with the Bid number, title, and date and hour bids are scheduled to be
received. Bidders are responsible for insuring that their bid is stamped by Procurement Office
personnel by the deadline indicated. The County shall in no way be responsible for delays caused
by any other occurrence. Offers by telephone, telegram or facsimile shall not be accepted. For
information concerning this bid, please contact:
Indian River County, Procurement
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2. REJECTION OF BIDS
The Procurement Official reserves the right to reject any or all bids, in whole or in part, and to waive
any informality in any proposal. Additionally, proposals may be considered irregular and may be
rejected if the proposal: 1) does not strictly conform to the requirements of the bid; 2) shows
omissions; 3) bid form is altered; 4) additions are added which were not called for; 5) is conditional;
6) the unit prices are, in the opinion of the City, unbalanced either in excess or below the reasonable
cost analysis values; 7) abandonment of the project; and 8) bids are over the approved budget for
the project.
3. BIDDER'S UNDERSTANDING
Bidders shall make all investigation necessary to thoroughly inform themselves regarding the bid,
including visiting the work site to ascertain by inspection pertinent local conditions such as location,
character and accessibility of the site, availability of facilities, location and character of existing work
within or adjacent thereto, labor conditions, etc. The City shall make available to all prospective
Bidders, prior to the receipt of bids, any available information that may be requested by Bidders.
Any such data will be distributed to all prospective bidders as the best factual information available,
without presumption of responsibility for its accuracy or for any conclusions that the bidder may
draw there from. The Bidder shall accept the site or sites in their present condition.
4. INSPECTION OF FACILITIES
It is the bidder's responsibility to become fully informed as to the nature and extent of the work
required and its relation to any other work in the area, including possible interference from other site
activities. Arrangements for bidder's inspection of facilities and/or activity schedules may be
secured from the Project Engineer Michael D. Nixon, P.E. at (772) 226-1986. Failure to visually
inspect the facilities shall be cause for rejection of your bid.
s. LEGAL REQUIREMENTS
Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect
the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief
from responsibility.
(1) The County's
Small Business Ordinance No. 3790-04 is made a part of these
documents by reference hereto.
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(2) In compliance with Florida Statute (Section 287.087) attached form "Drug -Free
Workplace Certification" should be fully executed and submitted with bid response.
(3) The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis
for contractual obligations between the awarded contractor/vendor and the County for any
terms and conditions not specifically stated in the Invitation for Bid.
(4) The obligations of the County under this award are subject to the availability of funds
lawfully appropriated for its purpose.
(5) This Invitation for Bid shall be included and incorporated in the final award. The order of
contractual precedence will be the purchase order or price agreement release, bid document
(original Terms and Conditions), and response. Any and all legal action necessary to
enforce the award will be held in the County and the contractual obligations will be
interpreted according to the laws of Florida.
Vendor must include with his bid a copy of all applicable Certificates of Competency issued by the
State of Florida or the Indian River County Construction Industry Licensing Board and a current
Occupational License for Indian River County in the name of the vendor shown on the bid proposal
page. If awarded contract, vendor will be required to obtain an Occupational License for the County.
It shall also be the responsibility of the vendor to submit, prior to commencement of work, any and
all permits required to complete this contractual service at no additional cost to the County.
7. SUBCONTRACTING
If a vendor subcontracts any portion of a contract for any reason, he must include, in writing, the
name and address of all Minority and Non -Minority subcontractors, their telephone numbers and
extent of work to be performed. This information shall be submitted with bid proposal on the
Schedule of Subcontractors. All Small Business Enterprise subcontractors must be listed on the
Statement of Small Business Subcontractor Participation and this information submitted with bid
proposal. The County reserves the right to reject a bid of any bidder if the bid names a
subcontractor who has previously failed in the proper performance of an award, or failed to deliver
on time contracts of a similar nature, or who is not in a position to perform under this award. The
County reserves the right to inspect all facilities of any subcontractor in order to make a
51
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determination as to the foregoing.
8. FEDERAL AND STATE TAX
The County is exempt from Federal Tax and State Tax for Tangible Personal Property. The
Procurement Official will sign an exemption certificate submitted bythe successful bidder. Vendors
or contractors doing business with the County shall not be exempted from paying sales tax to their
suppliers for materials to fulfill contractual obligations with the County, nor shall any
Vendor/Contractor be authorized to use the County Tax Exemption Number in securing such
materials.
9. EEO STATEMENT
Equal Opportunity: The County believes in equal opportunity practices which conform to both the
spirit and the letter of all laws against discrimination and is committed to nondiscrimination because
of race, creed, color, sex, age, or national origin.
10. CONFLICT OF INTEREST
The award hereunder is subject to provisions of State Statutes and County Ordinance. All bidders
must disclose with their bid the name of any officer, director, or agent who is also an employee of
the County. Further, all bidders must disclose the name of any County employee who owns, directly
or indirectly, interest of ten percent (10%) or more in the bidder's firm or any of its branches.
11. BID PROPOSAL COST
Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety (90) days from
the date of bid opening or time stated in special conditions.
12. ERRORS/ERASURES/CORRECTIONS
BIDS HAVING ERASURES OR CORRECTIONS MUST BE INITIALED IN INK BY THE BIDDER.
In the event of extension error(s), the unit price will prevail and the bidder's total offer will be
corrected accordingly. In the event of addition errors, the extended totals will prevail and the
bidder's total will be corrected accordingly.
Bidders may offer a cash discount for prompt payment. However, such discounts will not be
considered in determining the lowest net cost of bid evaluation purposes unless otherwise specified
in special conditions. Bidders should reflect any discounts to be considered in the unit prices bid.
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13. POSTING Ur AWHRv I r►vva.
Recommended awards will be posted for review by interested parties, at the Procurement Division,
prior to submission through the appropriate approval process, and will remain posted for a period of
five (5) calendar days. Bidders desiring a copy of the bid tabulation of the Invitation for Bid may
request same be enclosing a self-addressed, stamped envelope with their bid.
14. ADDENDUM
No interpretation or changes to the meaning of the Sealed Bid will be made to any Bidder, except by
written addendum.
All questions regarding this bid should be submitted in writing and must be received no later than ten
(10) calendar days prior to the closing date for bid submittal, addressed to:
Procurement Official
County Procurement Division
All questions will be answered via addenda in a questions and answer format.
15. ACCEPTANCE/REJECTION
The County reserves the right to accept or to reject any or all bids and make the award to the bidder,
who in the opinion of the County will be in the best interest of and/or the most advantageous to the
County. The County also reserves the right to reject the bid of any vendor who has previously failed
in the proper performance of an award or to deliver on time contracts of a similar nature or who is
not in a position to perform properly under this award. The County reserves the right to inspect all
facilities of bidders in order to make a determination as to the foregoing. The County reserves the
right to waive any irregularities and technicalities and may, at its discretion, request a re -bid.
16. SELECTION Ut- 511JUSrc vvi I n vvnvnl -.- • ` ` -
Selection will be based on the lowest responsible and responsive bidder. The ability to meet the
City's construction schedule requirements will be a factor in determining responsiveness, along with
the ability to meet all other requirements in the Invitation to Bid. The County reserves the right to
determine whether the based bid construction schedule or the alternate construction schedule best
fit the County's needs and budget.
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17. PROTEST PROCEDURE
Protest procedures are provided in Chapter 66 of the County Code of Ordinances of the County
Procurement. A protest must be addressed to the Procurement Official, in writing, identifying the
protester, the solicitation and the basis for the protest and must be received by the Procurement
Official within seven (7) calendar days of the first date that the aggrieved person knew or should
have known of the facts giving rise to the protest. The protest is considered filed when it is received
by the Procurement Official.
Failure to file protest as outlined in the County Procurement Ordinance shall constitute a waiver of
proceedings under the referenced County Ordinance,
18. WARRANTIES
The Contractor shall be required to provide a written one (1) year warranty covering all labor,
equipment, and materials provided. If required, as specified elsewhere in these documents, the
Contractor shall furnish to the County a surety or performance bond in the amount of 100% of the
contract value at time of signing contract.
19. BID BONDS/DEPOSITS
Each bid must be accompanied by a Bid Bond or Deposit in a sum of not less than five percent (5%)
of the total bid. Bid Bonds and deposits amounting to less than one hundred dollars need not be
submitted. All checks should be made payable to the County. If the successful bidder fails to
deliver as indicated in the Special Terms and Conditions, does not conform to specifications or fails
to perform as agreed upon, the County shall be entitled to retain the deposit to rectify the bidder's
unacceptable performance. The only types of acceptable surety will be:
1. Bid Bond signed by a surety company authorized to do business in the State of
Florida.
2, Cashier Check,
3. Certified Check drawn on a responsible financial institution.
4. U.S. Postal Money Order,
The County reserves the right to hold the bid security of the three (3) best value bidders until the
contract is properly executed. Bid deposits of other unsuccessful bidders will be returned after award
of the contract.
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20.
SITE INSPECTION - NONE
PRE-BID CONFERENCE - NONE
21.
BASE BID — TIMEFRAME
The work to be performed as part of the BASE BID project timeframe shall commence on the date of
the written notice to proceed given by the County, which is anticipated to be issued on October 1,
2008. All work that is to be performed as part of this contract shall be substantially completed by
November 30, 2008 and totally 100% completed by December 31, 2008, with such extensions of
time in calendar days as are provided for in the General Terms and Conditions outlined below.
If said work is not substantially completed within the specified timeframes listed above, the
contractor shall be liable and hereby agrees to pay the owner as liquidated damages, and not as a
penalty, the sum of $580.00 dollars per calendar day between the date Substantial Completion of
the work is achieved and the Final 100% Completion date and or Acceptance by the County for
each and every day or part of a day thereafter that said work remains incomplete.
22. SPECIAL PROVISIONS
The Contractor shall comply with the following special provisions as part of the contract for the 12th
Street Sidewalk Improvements Project:
(1) (A) BASE BID -TIMEFRAME
The total time for the project construction will commence with a Written Notice to
Proceed from the County that is anticipated to be issued to the Contractor on
October, 2006 with the project being substantially completed by the Contractor on
November 30, 2008 and totally 100% completed by the Contractor on December 31,
2008.
(B) CPM SCHEDULE AND NARRITIVE
The Contractor shall submit to the County as part of his bid submission, a detailed
construction schedule in CPM format outlining the proposed progress of the work to
be performed by the Contractor and his subcontractors for the BASE BID —
TIMEFRAME.
The Contractors CPM schedule for the BASE BID — TIMEFRAME shall include but
not be limited to the demolition phasing dates of the work, manufacturing dates of all
components, all phasing dates of the total work required for each component to be
manufactured and installed, the start and completion dates for each phase of the
individual components to be installed, street closure dates and durations including
the start and completion dates of each phase.
55
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In addition to the CPM schedule for the BASE BID — TIMEFRAME, the Contractor
shall submit, in narrative format, a detailed description of the means and methods
for the Contractor's work including but not limited to the mobilization and
demobilization of all equipment and materials, the demolition sequencing of the
work, the individual phasing sequencing of each component manufacturing and
installation, the Contractor's proposed manpower and equipment allocations and
commitments for each phase of the work, the Contractor's proposed work hours for
each day to be worked, the phasing of road closures with their closure dates and
durations, work sequence and days of the week the Contractor and his
subcontractors will require from the County to complete the work within the time
frames of the BASE BID — TIMEFRAME.
The CPM schedules for the BASE BID — TIMEFRAME and narrative approach for
the project will be used by the County in determining the best value in awarding the
construction contract.
The contractor will not be allowed to change his submitted CPM schedule for the
BASE BID —TIMEFRAME prior to and or afterthe Award of Contract and the Notice
to Proceed is issued by the County without prior written approval of the County's
Project Manager.
(2) The Contractor shall provide daily clean up of the project work area. Cleanup shall include
but not be limited to removal of trash, construction debris, excavated materials and materials
generated as a result of the demolition of the existing sidewalks, curbs and gutters, road way
components.
(3) The Contractor shall restore all roadways immediately upon the completion of each segment
and or phase of the construction. Such restoration shall be to the satisfaction of the County.
(4) The Contractor shall submit for the County review and approval, as part of his bid
submission, a sample copy of his company's daily reporting format for reporting the progress of
construction. This format shall include but not be limited to the detailing of all labor, equipment and
materials used in the construction of the project along with the areas worked, type of work
performed, problems encountered and daily weather conditions at the work areas. The Contractor
will be required to submit to the County's Project Manager, copies of all daily reports completed by
the Contractor's personnel and his subcontractors at the beginning of the following work day for
each day worked.
(5) The Contractor shall be required to submit (2) copies of 8 1/2"x 11" progress color photos
indicating the completion of the contract work with the dates that the work was performed, on a
weekly basis to the County's Project Manager. The Contractor shall also be required to submit as -
built surveys, by a registered land surveyor licensed to do work in the State of Florida, on a weekly
basis to the County's Project manager that indicate the completion of contract work by the
Contractor and his subcontractors.
(6) The Contractor shall provide as part of the contract work, adequate sanitary facilities, within
the fenced -in areas of the total project area, for the use of the Contractor's workmen.
(7) Street Lighting Systems Pedestrian Lighting Systems Electrical distribution Systems
The Contractor shall at all times protect and maintain the operation of the existing street lighting
56
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systems, the existing pedestrian lighting systems and the existing underground electrical distribution
systems within the project area including but not limited to all poles, conduits, wiring, pull boxes,
transformers, switchgear assemblies, meter assemblies, service connection assemblies and lighting
fixtures that are located within the project whether shown or not shown on the contract drawings.
The Contractor shall protect and maintain all existing landscaping and irrigation systems within the
project area during construction.
(8). The Contractor shall maintain and provide a safe access for vehicles and pedestrians at all
times within the project area.
(9) Landscaping and Irrigation Systems - The contractor shall at all times protect and maintain
the existing landscaping and irrigation systems within the project area.
23. INSURANCE PROVISIONS
24, COMPLIANCE WITH REQUIRED CONTRACT PROVISIONS
Bidders shall cite compliance with the Required Contract Provisions and shall execute and include
the following in their bid proposals:
1. Buy America Certificate of Compliance
2. Certification regarding Lobbying
3, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- or
explanation
4. Bid Opportunity List,
5. Certification of Non -Collusion
6, Drug -Free Workplace Certification
7. All prequalified contractors bidding on this project must include with their bid proposal a copy
of their Certification of Current Capacity (FDOT Form 375-020-22) and Status of Contracts
on Hand (FDOT Form 375-020-21).
Failure to include the above forms may result in a determination that the bid proposal is non-
responsive.
End of Special Terms and Conditions
57
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BIDDER'S BOND AND RELATING POWER OF ATTORNEY
AND SURETY CERTIFICATE
KNOW ALL MEN BY THESE PRESENT, that we,
called the
Principal),
(hereinafter
and
(hereinafter called
the Surety), a Corporation chartered and existing under the laws of the State
of with its principal offices in the County of and authorized
to do business in the State of Florida, and the County and having an Agent resident therein, such Agent and
Company acceptable to the County in the full and just sum of
Dollars ($ ) good and lawful money of the
United States of America, to be paid upon demand of the County, Florida, to which payment well and truly to be
made we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally and
firmly by these present.
WHEREAS, the Principal is about to submit, or has submitted to the County, Florida a proposal forthe construction
of Project No. 0216, entitled 12th Street Sidewalk Improvements from 16th Avenue to 11th Place, for said
County;
WHEREAS, the Principal desires to file this bond in accordance with law, in lieu of a certified bidder's check
otherwise required to accompany this proposal.
NOW THEREFORE, the conditions of this obligation are such that if the Proposal be accepted the Principal shall
within ten (10) calendar days after receipt of notification of the acceptance thereof, execute a contract in
accordance with the Proposal and upon the terms, conditions and price set forth therein, in the form and manner
required by the County, Florida, and execute a sufficient and satisfactory Surety or Performance Bond payable to
the County, Florida, in an amount of one hundred percent (100%) of the total contract price, as indicated in the
proposal, in form and with security satisfactory to the said County, then this obligation to be void, otherwise to be
and remain in full force and virtue in law; and the Surety shall upon failure of the Principal to comply with any or all
of the foregoing requirements within the time specified above immediately pay to the aforesaid County upon
demand the amount hereof in good and lawful money of the United States of America, not as a penalty but as
liquidated damages.
IN TESTIMONY THEREOF, the Principal and Surety have caused these present to be duly signed and sealed this
day of , 2008.
PRINCIPAL
SURETY
FAEngineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Federal Contract Provisions.docBid
Bond P-58
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INDIAN RIVER COUNTY, FLORIDA
SEALED BID NO. 2008081
PROJECT NO. 0216
12th STREET SIDEWALK IMPROVEMENTS FROM 16th AVE TO 111h PLACE
SUBSTITUTION SHEET
DESCRIPTION
OR MAKE PROPOSED ADD
BID ITEM NO. SPECIFIED SUBSTITUTION
E
DEDUCT
0
H
p
0
R
Lq
P-59 Substitution Sheet
INDIAN RIVER COUNTY, FLORIDA
SEALED BID NO.2008081
PROJECT NO. 0216
12th STREET SIDEWALK IMPROVEMENTS FROM 16th AVE TO 111h PLACE
CONTRACTOR VERIFICATION FORM
THE FOLLOWING IS TO COMPLETED BY PRIME BIDDER:
Name of Firm:
Corporate Title:
Address:
By:
(Print name)
(Authorized Signature)
Telephone: ( )
Fax: ( )
State License #
County License #
City License: (ATTACH PROOF OF REGISTRATION WITH THE CITY)
Type of License:
Unlimited
If "NO", Limited to what trade?
(yes/no)
(Zip Code)
(Print title)
(ATTACH COPY)
(ATTACH COPY)
F:\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 1 lth Place\0216 Federal Contract Provisions.doc P-60
Contractor Verification
• •
i
HIM
COMPLIANCE
The bidder hereby certifies that it will comply with the requirements of 23 C.F.R. 635.410, as amended, and utilize
only iron or steel manufactured in the United States, or components made with iron or steel that meet the Buy
America requirements. Bidder acknowledges that it will be required to produce Buy America certification(s) from the
producer(s) of the steel or iron or components prior to incorporating any such materials into the work or project.
Company Nam
Authorized By:
(Sign)
Title:
Date:
(Print Name)
F:\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Federal Contract Provisions.doc
P-16
829/2008 3:06:25 PM
INDIAN RIVER COUNTY, FLORIDA
SEALED BID NO.2008081
PROJECT NO. 0216
12th STREET SIDEWALK IMPROVEMENTS FROM 16th AVE TO 111h PLACE
OWNER'S NAME
& ADDRESS
LIST OF REFERENCES
PROJECT
CONTACT
PERSON
TELEPHONE
NUMBER
P-61 List of References
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State of
County of
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
(Name/s)
being first duly sworn, disposes and says that:
1. They are of the Bidder that
(Title) (Name of Company)
has submitted the attached bid;
2. He is fully informed respecting the preparation and contents of the attached bid and of all pertinent
circumstances respecting such Bid;
3, Such Bid is genuine and is not a collusive or sham Bid;
4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or
parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or
indirectly with any other bidder, firm or person to submit a collusive or sham Bid in connection with the
contract for which the attached bid has been submitted or to refrain from bidding in connection with such
Contract or has in any manner, directly or indirectly, sought by agreement or collusion or communication or
conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other
Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage
against the City/County or any person interested in the proposed Contract; and
5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion,
conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents,
representatives, owners, employees, or parties in interest, including this affiant.
(Signed)
(Title)
STATE OF FLORIDA }
COUNTY OF INDIAN RIVER ' }SS:
The foregoing instrument was acknowledged before me this
(Date)
who is personally known to me or who has produced
by:
as identification and who did (did not) take an oath.
Commission No.
Notary (print & sign name)
P-62 Noncollusion Affidavit
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INDIAN RIVER COUNTY
C
r -
LO
Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for
complying with the Florida Trench Safety Act (90-96), Laws of FI., effective October 1, 1990. The bidder further
identifies the costs to be summarized below:
Trench Safety Units of Unit Unit Extended
Measure Measure Quantity Cost Cost
{Description} {LF,SY}
A.
B.
C.
D.
E.
F.
FAILURE TO COMPLETE THE ABOVE MAY RESULT IN THE BID BEING DECLARED NON-RESPONSIVE,
P-15 Trench Safety
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CERTIFICATION REGARDING LOBBYING
The undersigned Bidder/Contractor certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying
contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form — LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on
Lobbying", 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in
accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L.104-65, to be codified at 2 U.S.C. 1601, et
seq.)]
(3) The undersigned shall require that the language of this certification be included in the awards documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31, U.S.C. 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
[Note: Pursuant to 31 U.S.C. 1352 (1)-(2)(A), any person who makes a prohibited expenditure of fails to file or
amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such expenditure or failure]
The Bidder/Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclo{or{his
any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply
certification and disclosure, if any.
Company Name:
Authorized By:
Title:
(Sign)
Date:
(Print Name)
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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary
Covered Transactions
The Bidder certifies that, the firm or any person associated therewith in the capacity of owner, partner,
director, officer, principal, investigator, project director, manager, auditor, and/or position involving the administration
of federal funds:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions, as defined in 49 CFR s29.110(a), by any federal department or agency;
(b) have not within a three-year period preceding this certification been convicted of or had a civil judgment
rendered against itfor: commission of fraud ora criminal offense in connection with obtaining, attempting to obtain,
or performing a federal, state, or local government transaction or public contract; violation of federal or state
antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property
(c) are not presently indicted for or otherwise criminally or civilly charged by a federal, state, or local
governmental entity with commission of any of the offenses enumerated in paragraph (b) of this certification; and
(d) have not within a three-year period preceding this certification had one or more federal, state, or local
government public transactions terminated for cause or default.
The Bidder certifies that it shall not knowingly enter into any transaction with any subcontractor, material
supplier, orvendorwho is debarred, suspended, declared ineligible, orvoluntarily excluded from participation in this
project by any federal agency unless authorized by the Florida Department of Transportation."
Company Name:
Authorized By:
(Sign)
Title:
Date:
(Print Name)
F:\Engineering\Capital Projects\0216-12th Street Between 16th Avenue and 11th Place\0216 Federal Contract Provisions.doc
P-18 s 29/ZXV4, X , -�,l
DRUG FREE WORKPLACE CERTIFICATION
The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that
does:
(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 violation of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' 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 this 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 employee will abide by the terms of the
statement, and will notify the employer of any conviction of, or plea of guilty, or nolo contendre to any
violation of Chapter 1893, 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, by 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 the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
Bidders Signature
Date
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