HomeMy WebLinkAbout2013-000 (2) SECTION 01091
REFERENCE STANDARDS
1.1 GENERAL
A. Whenever reference is made to the furnishing of materials or testing
thereof to conform to the standards of any technical society, organization
or body, it shall be construed to mean the latest standard, code,
specification or tentative specification adopted and published at the date
of advertisement for bids, unless noted otherwise in the Technical
Specifications or on the Drawings. When a reference standard is
specified, comply with requirements and recommendations stated in that
standard, except when they are modified by the Contract Documents, or
when applicable laws, ordinances, rules, regulations or codes establish
stricter standards. The list of specifications presented in Paragraph B is
hereby made a part of the Contract, the same as if repeated herein in full.
B. Reference to a technical society, organization, or body may be made in
the Specifications by abbreviations, in accordance with the following list:
AASHTO The American Association of State Highway and
Transportation Officials
ACI American Concrete Institute
AGA American Gas Association
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
ANSI American National Standards Institute
ASCE American Society of Civil Engineers
ASTM American Society for Testing and Materials
AWPA American Wood Preservers Association
AWWA American Water Works Association
AWS American Welding Society
FED.SPEC. Federal Specifications
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CRSI Concrete Reinforcing Steel Institute
FDEP/DEP Florida Department of Environmental Protection
DNR Department of Natural Resources
NCPI National Clay Pipe Institute
NEMA National Electrical Manufacturers Association
NEC National Electric Code
NSPE National Society of Professional Engineers
OSHA Occupational Safety and Health Administration
PCI Prestressed Concrete Institute
FDOT/DOT Florida Department of Transportation
U. L., Inc. Underwriter's Laboratories, Inc.
SSPC Steel Structures Painting Council
SJRWMD St. Johns River Water Management District
C. When no reference is made to a code, standard or specification, the
standard specifications of ASTM, FDOT, or ANSI shall govern.
D. In the event of a conflict between the specifications prepared by the
ENGINEER and the above referenced specifications and standards, or
any other regulatory specification or standard, the more stringent
requirement prevails.
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SECTION 01215
GENERAL QUALITY CONTROL
1.1 DESCRIPTION OF REQUIREMENTS
A. Definitions: Specific quality control requirements for the work are indicated
throughout the Contract Documents. The requirements of this section are
primarily related to the performance of the work beyond the furnishing of
manufactured products. The term "Quality Control" includes, but is not
necessarily limited to, inspection and testing and associated requirements.
This section does not specify or modify the OWNER and ENGINEER duties
relating to quality review and Contract surveillance.
1.2 RESPONSIBILITY FOR INSPECTIONS AND TESTS
A. Residual OWNER Responsibility: The OWNER will employ and pay for the
services of independent testing laboratories to perform those required
inspections and tests.
B. CONTRACTORS General Responsibility: No failure of test agencies, whether
engaged by the OWNER or CONTRACTOR, to perform adequate inspections
of tests or to properly analyze or report results, shall relieve the
CONTRACTOR of responsibility for the fulfillment of the requirements of the
Contract Documents. It is recognized that the required inspection and testing
program is intended to assist the CONTRACTOR, OWNER, ENGINEER, and
governing authorities in the nominal determination of probable compliance with
requirements for certain crucial elements of work. The program is not intended
to limit the CONTRACTOR in his regular quality control program, as needed
for general assurance of compliance.
1.3 QUALITY ASSURANCE
A. General Workmanship Standards: It is a requirement that each category of
tradesman or installer performing the work be pre-qualified, to the extent of being
familiar with the applicable and recognized quality standards for his category of
work, and being capable of workmanship complying with those standards.
1.4 PRODUCT DELIVERY-STORAGE-HANDLING
Handle, store and protect materials and products, including fabricated components, by
methods and means which will prevent damage, deterioration and losses (and resulting
delays), thereby ensuring highest quality results as the performance of the work
progresses. Control delivery schedules so as to minimize unnecessary long-term
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storage at the project site prior to installation.
1.5 PROJECT PHOTOGRAPHS/VIDEOS
A. The CONTRACTOR shall make provisions, at his expense, for photographs and
video tapes of all work areas just prior to construction, and for unusual conditions
during construction. The photographs and videos shall show pertinent physical
features along the line of construction. The purpose of the videos is to determine
any damage to private or public property during construction. The video must be
performed by a professional videographer.
B. Pre-Construction Photographs and Video:
1. Contractor shall provide the Owner with photographs and video record and one
copy of the existing conditions prior to construction. These photographs and
videos shall be a standard DVD format and shall be narrated.
2. The photographs and video shall include, but not be limited to, the following
items shown in a clear manner:
1) All existing features within the right-of-way.
2) All existing features within the temporary construction easement.
3) All existing features within permanent easements.
4) All existing features adjacent to any construction.
3. Detail of the photographs and video shall be such that the following examples
shall be clear and visible:
1) Cracks in walls.
2) Condition of fencing.
3) Condition of planted areas and types of vegetation.
4) Condition of sodded areas.
5) Conditions of sprinkler systems and associated controls and wiring.
6) Condition of signs.
7) Conditions of lighting and associated wiring.
8) Significant detail of any pre-existing damages physical features shall be
shown. The coverage of the photographs and video should include the
limits of effects of the use of vibratory rollers.
9) These photographs and video record shall be presented and approved
by the Owner prior to the Notice to Proceed. A copy shall be kept in the
Contractor's field office.
10)Payment — No additional payment will be made for this work.
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SECTION 01220
PROGRESS MEETINGS
1.1 SCOPE
A. Date and Time:
1. Regular Meetings: As mutually agreed upon by ENGINEER and
CONTRACTOR.
2. Other Meetings- On call.
B. Place: CONTRACTOR'S office at Project site or other mutually agreed upon
location.
C. ENGINEER shall prepare agenda, preside at meetings, and prepare and
distribute a transcript of proceedings to all parties.
D. CONTRACTOR shall provide data required and be prepared to discuss all items
on agenda.
1.2 MINIMUM ATTENDANCE
A. CONTRACTOR
B. SUBCONTRACTOR:
When needed for the discussion of a particular agenda item, CONTRACTOR
shall require representatives of Subcontractors or suppliers to attend a meeting.
C. CONSTRUCTION COORDINATION MANAGER
D. OWNER'S representative, if required.
E. Utility Representatives
F. Others as appropriate.
G. Representatives present for each party shall be authorized to act on their behalf.
1.3 AGENDA
Agenda will include, but will not necessarily be limited to, the following:
1. Transcript of previous meeting.
2. Progress since last meeting.
3. Planned progress for next period.
4. Problems, conflicts and observations.
5. Change Orders.
6. Status of Shop Drawings.
7. Quality standards and control.
8. Schedules, including off-site fabrication and delivery schedules. Corrective
measures, if required.
9. Coordination between parties.
10. Safety concerns.
11. Other business.
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SECTION 01310
CONSTRUCTION SCHEDULES
1.1 GENERAL REQUIREMENTS
A. No partial payments shall be approved by the ENGINEER until there is an
approved construction progress schedule on hand.
B. Designate an authorized representative who shall be responsible for
development and maintenance of the schedule and of all progress and
payment reports. This representative shall have direct project control and
complete authority to act on behalf of the CONTRACTOR in fulfilling the
commitments of the CONTRACTOR's schedules.
1.2 REVISIONS TO THE CONSTRUCTION SCHEDULES
When the ENGINEER requires the CONTRACTOR to submit revised (updated)
progress schedules on a monthly basis the CONTRACTOR shall:
A. Indicate the progress of each activity to the date of submission.
B. Show changes occurring since the previous submission listing-
1.
isting:1. Major changes in scope.
2. Activities modified since the previous submission.
3. Revised projections of progress and completion.
4. Other identifiable changes.
C. Provide a narrative report as needed to define:
1. Problem areas, anticipated delays, and the impact on the schedule.
2. Corrective action recommended and its effect.
3. The effect of changes on schedules of other prime contractors.
1.3 SUBMISSION OF THE CONSTRUCTION SCHEDULES
On or before the tenth day after the effective date of the Agreement, submit the
initial schedules to the ENGINEER. The ENGINEER will review the schedules
and return a review copy to the CONTRACTOR within 21 days after receipt. If
required by the ENGINEER, resubmit revised schedules on or before the
seventh day after receipt of the review copy. If required by the ENGINEER,
submit revised monthly progress schedules with that month's application for
payment.
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1.4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES
A. After receiving approval by the ENGINEER, distribute copies of the
approved initial schedule and all reviewed revisions (updated) to:
1. Job site file.
2. Subcontractors.
3. Other concerned parties.
4. OWNER (two copies).
5. ENGINEER
B. In the cover letter, instruct recipients to report promptly to the
CONTRACTOR, in writing, any problems anticipated by the projections
shown in the schedules.
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01340 — Submittal of Shop Drawings
1.1 SCOPE
A. Submit shop drawings, product data and samples as required by or
inferred by the Drawings and Specifications. Submittals shall conform to
the requirements of Article 6.17 of the General Conditions, Section 00700,
and as described in this Section.
1.2 SHOP DRAWINGS
A. Shop drawings are original drawings, prepared by the CONTRACTOR, a
subcontractor, supplier, or distributor, which illustrate some portion of the
work; showing fabrication, layout, setting, or erection details. Shop
drawings are further defined in Article 6.17, Section 00700.
B. Shop drawings shall be prepared by a qualified detailer and shall be
identified by reference to sheet and detail numbers on the Contract
Drawings.
1.3 PRODUCT DATA
A. Product data are manufacturer's standard schematic drawings and
manufacturer's catalog sheets, brochures, diagrams, schedules,
performance charts, illustrations, and other standard descriptive data.
Product data are further defined in Article 6.17, Section 00700.
B. Modify standard drawings to delete information which is not applicable to
the project and supplement them to provide additional information
applicable to the project.
C. Clearly mark catalog sheets, brochures, etc., to identify pertinent
materials, products, or models.
1.4 SAMPLES
Samples are physical examples to illustrate materials, equipment, or
workmanship and to establish standards by which work is to be evaluated.
Samples are further defined in Article 6.17, Section 00700.
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01340 — Submittal of Shop Drawings
1.5 CONTRACTOR'S RESPONSIBILITIES FOR SUBMITTAL OF SHOP
DRAWINGS, PRODUCT DATA AND SAMPLES
A. The CONTRACTOR's responsibilities for submittal of shop drawings,
product data, and samples are set forth in paragraph 6.17 of the General
Conditions and as further explained herein.
B. Prior to submission, thoroughly check shop drawings, product data, and
samples for completeness and for compliance with the Contract
Documents, verify all dimensions and field conditions, and coordinate the
shop drawings with the requirements for other related work. Also review
each shop drawing before submitting it to the ENGINEER to determine
that it is acceptable in terms of the means, methods, techniques,
sequences and operations of construction, safety precautions and
programs incidental thereto, all of which are the CONTRACTOR's
responsibility.
1. It is CONTRACTOR'S responsibility to review submittals made by
his suppliers and Subcontractors before transmitting them to
ENGINEER to assure proper coordination of the Work and to
determine that each submittal is in accordance with its desires and
that there is sufficient information about materials and equipment
for ENGINEER to determine compliance with the Contract
Documents.
2. Incomplete or inadequate submittals will be returned for revision
without review.
C. The CONTRACTOR's responsibility for errors and omissions in submittals
is not relieved by the ENGINEER's review of submittals. The
CONTRACTOR shall approve the shop drawings based on his in-the-field
measurements, prior to submittal to the ENGINEER for his review.
D. Notify the ENGINEER, in writing at the time of submission, of deviations in
submittals from the requirements of the Contract Documents. The
CONTRACTOR's responsibility for deviations in submittals from the
requirements of the Contract Documents is not relieved by the
ENGINEER's review of submittals, unless the ENGINEER gives written
acceptance of specific deviations.
E. Begin no work, which requires submittals until return of submittals with the
ENGINEER's stamp and initials or signature indicating the submittal has
been reviewed.
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01340 — Submittal of Shop Drawings
1.6 SUBMITTAL REQUIREMENTS AND ENGINEER'S REVIEW FOR SHOP
DRAWINGS, PRODUCT DATA AND SAMPLES
A. Submit to:
Indian River County
Engineering Division
1801 27th Street
Vero Beach, FL 32960
B. A letter of transmittal shall accompany each submittal. If data for more
than one Section of the Specifications is submitted, a separate transmittal
letter shall accompany the data submitted for each Section.
C. At the beginning of each letter of transmittal, provide a reference heading
indicating the following:
1. OWNER'S Name
2. Project Name
3. Contract Number
4. Transmittal Number
5. Section Number
D. All submittals shall have a title block with complete identifying information
satisfactory to the ENGINEER. The following is a sample Submittal Form
that the CONTRACTOR may use:
[The remainder of this page has been left blank intentionally]
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01340 — Submittal of Shop Drawings
CONTRACTOR SUBMITTALS
SUBMITTAL NO.
Contractor:
Date Sent to County
No. Copies Sent to County
❑ Original Submittal ❑ Re-Submittal
Project Name: Old Dixie Highway Sidewalk Improvements, 38th Lane to 45th Street
Project No.: 0845B
❑ Shop Drawing ❑ Cut Sheet ❑ Other
Description:
Sub-Contractor:
Remarks:
Reviewing Agency: (As checked below)
Date Received Date Returned No. Copies Ret'd
❑ I R C Engineering Div.
❑ I R C Utilities Services
Remarks:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
IRC Engineering Division Date Rec'd from Contractor
Date Ret'd to Contractor
1801 27th Street No. Copies Ret'd
Vero Beach, FI. 32960
Remarks:
Distribution of Copies:
IRC Engineering Division
Office File
Field Office File
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01340 — Submittal of Shop Drawings
E. All submittals shall bear the stamp of approval and signature of
CONTRACTOR as evidence that they have been reviewed by
CONTRACTOR. Submittals without this stamp of approval will not be
reviewed by the ENGINEER and will be returned to CONTRACTOR.
F. Assign a number to each submittal starting with No. 1 and thence
numbered consecutively. Identify resubmittals by the original submittal
number followed by the suffix "A" for the first resubmittal, the suffix "B" for
the second resubmittal, etc.
G. Initially submit to ENGINEER a minimum of six (6) copies of all submittals
that are on 11-inch by 17-inch or smaller sheets (no less than 8 1/2-inch x
11-inch), and one unfolded sepia and 2 prints made from that sepia for all
submittals on sheets larger than 11-inch by 17-inch.
H. After ENGINEER completes his review, Shop Drawings will be marked
with one of the following notations:
1. Approved
2. Approved as Corrected
3. Approved as Corrected - Resubmit
4. Revise and Resubmit
5. Not Approved
I. If a submittal is acceptable, it will be marked "Approved" or "Approved as
Corrected". Three (3) prints or copies of the submittal will be returned to
CONTRACTOR.
J. Upon return of a submittal marked "Approved" or "Approved as
Corrected", CONTRACTOR may order, ship or fabricate the materials
included on the submittal, provided it is in accordance with the corrections
indicated.
K. If a Shop Drawing marked "Approved as Corrected" has extensive
corrections or corrections affecting other drawings or Work, ENGINEER
may require that CONTRACTOR make the corrections indicated thereon
and resubmit the Shop Drawings for record purposes. Such drawings will
have the notation, "Approved as Corrected - Resubmit."
L. If a submittal is unacceptable, three (3) copies will be returned to
CONTRACTOR with one of the following notations-
1.
otations:1. "Revise and Resubmit"
2. "Not Approved"
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01340 — Submittal of Shop Drawings
M. Upon return of a submittal marked "Revise and Resubmit", make the
corrections indicated and repeat the initial approval procedure. The "Not
Approved" notation is used to indicate material or equipment that is not
acceptable. Upon return of a submittal so marked, repeat the initial
approval procedure utilizing acceptable material or equipment.
N. Any related Work performed or equipment installed without an "Approved"
or "Approved as Corrected" Shop Drawing will be at the sole responsibility
of the CONTRACTOR.
O. Submit Shop Drawings well in advance of the need for the material or
equipment for construction and with ample allowance for the time required
to make delivery of material or equipment after data covering such is
approved. CONTRACTOR shall assume the risk for all materials or
equipment which is fabricated or delivered prior to the approval of Shop
Drawings. Materials or equipment will not be included in periodic progress
payments until approval thereof has been obtained in the specified
manner.
P. ENGINEER will review and process all submittals promptly, but a
reasonable time should be allowed for this, for the Shop Drawings being
revised and resubmitted, and for time required to return the approved
Shop Drawings to CONTRACTOR.
Q. Furnish required submittals with complete information and accuracy in
order to achieve required approval of an item within three submittals. All
costs to ENGINEER involved with subsequent submittals of Shop
Drawings, Samples or other items requiring approval, will be back-charged
to CONTRACTOR in accordance with the General Conditions and the
Supplementary Conditions. If the CONTRACTOR requests a substitution
for a previously approved item, all of ENGINEER'S costs in the reviewing
and approval of the substitution will be back-charged to CONTRACTOR
unless the need for such substitution is beyond the control of
CONTRACTOR.
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SECTION 01520
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
1.1 SCOPE
A. Provide all construction equipment and facilities and temporary controls
required to satisfactorily complete the work represented on the Drawings
and described in the Specifications.
1.2 RESPONSIBILITY
A. All construction facilities and temporary controls remain the property of the
Contractor establishing them and shall be maintained in a safe and useful
condition until removed from the construction site.
B. All false work, scaffolding, ladders, hoistways, braces, pumps, roadways,
sheeting, forms, barricades, drains, flumes, and the like, any of which may
be needed in construction of any part of the work and which are not herein
described or specified in detail, must be furnished, maintained and
removed by the CONTRACTOR, who is responsible for the safety and
efficiency of such work and for any damage that may result from their
failure or from their improper construction, maintenance or operation.
C. In accepting the Contract, the CONTRACTOR assumes full responsibility
for the sufficiency and safety of all hoists, cranes, temporary structures or
work and for any damage which may result from their failure or their
improper construction, maintenance or operation and will indemnify and
save harmless the OWNER and ENGINEER from all claims, suits or
actions and damages or costs of every description arising by reason of
failure to comply with the above provision.
1.3 TEMPORARY UTILITIES AND SERVICES
A. TEMPORARY WATER
1. Provide a temporary water service as required for all construction
purposes and pay for all water used.
2. Furnish potable drinking water in suitable dispensers and with cups
for use of all employees at the job.
3. Provide all temporary piping, hoses, etc., required to transport
water to the point of usage by all trades.
4. When temporary water service is no longer required, remove all
temporary water lines.
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SECTION 01520
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
B. TEMPORARY SANITARY FACILITIES
1. Provide temporary toilet facilities separate from the job office.
Maintain these during the entire period of construction under this
Contract for the use of all construction personnel on the job.
Provide enough chemical toilets to conveniently serve the needs of
all personnel. Properly seclude toilet facilities from public
observation.
2. Chemical toilets and their maintenance shall meet the requirements
of State and local health regulations and ordinances. Immediately
correct any facilities or maintenance methods failing to meet these
requirements. Upon completion of work, remove the facilities from
the premises.
1.4 SECURITY
Full time watchmen will not be specifically required as a part of the Contract, but
the CONTRACTOR shall provide inspection of work area daily and shall take
whatever measures are necessary to protect the safety of the public, workmen,
and materials, and provide for the security of the site, both day and night.
1.5 TEMPORARY CONTROLS
Take all necessary precautions to control dust and mud associated with the work
of this Contract. In dry weather, spray dusty areas daily with water in order to
control dust. Take necessary steps to prevent the tracking of mud onto adjacent
streets and highways.
1.6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES
Remove the various temporary facilities, services, and controls and legally
dispose of them as soon as the work is complete. The areas of the site used for
temporary facilities shall be properly reconditioned and restored to a condition
acceptable to the OWNER.
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SECTION 01541
PROTECTION OF THE WORK AND PROPERTY
1.1 GENERAL
A. CONTRACTOR shall be responsible for taking all precautions, providing all
programs, and taking all actions necessary to protect the Work and all public
and private property and facilities from damage as specified in the General
Conditions and herein.
B. In order to prevent damage, injury or loss, CONTRACTOR'S actions shall
include, but not be limited to, the following:
1. Store apparatus, materials, supplies, and equipment in an orderly, safe
manner that will not unduly interfere with the progress of the Work or the
Work of any other Contractor or utility service company.
2. Provide suitable storage facilities for all materials, which are subject to injury
by exposure to weather, theft, breakage, or otherwise.
3. Place upon the Work or any part thereof, only such loads as are consistent
with the safety of that portion of the Work.
4. Clean up frequently all refuse, rubbish, scrap materials, and debris caused
by construction operations, so that at all times, the site of the Work presents
a safe, orderly, and workmanlike appearance.
5. Provide barricades and guard rails around openings, for scaffolding, for
temporary stairs and ramps, around excavations, elevated walkways and
other hazardous areas.
C. Except after written consent from proper parties, do not enter or occupy
privately-owned land with men, tools, materials or equipment, except on
easements provided herein.
D. Assume full responsibility for the preservation of all public and private property or
facility on or adjacent to the site. If any direct or indirect damage is done by or
on account of any act, omission, neglect or misconduct in the execution of the
Work by the CONTRACTOR, it shall be restored by the CONTRACTOR, at its
expense, to a condition equal to or better than that existing before the damage
was done.
1.2 BARRICADES AND WARNING SIGNALS
Where Work is performed on or adjacent to any roadway, right-of-way, or public
place, provide barricades, fences, lights, warning signs, danger signals, and
watchmen, and take other precautionary measures for the protection of persons or
property and of the Work. Paint barricades so they are visible at night. From sunset
to sunrise, furnish and maintain at least one light at each barricade. Erect sufficient
barricades to keep vehicles from being driven on or into Work under construction.
Furnish watchmen in sufficient numbers to protect the Work. CONTRACTOR's
responsibility for the maintenance of barricades, signs, lights, and for providing
watchmen shall continue until OWNER accepts the Project.
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SECTION 01541
PROTECTION OF THE WORK AND PROPERTY
1.3 TREE AND PLANT PROTECTION
A. Protect existing trees, shrubs and plants on or adjacent to the site that are
shown or designated to remain in place against unnecessary cutting, breaking or
skinning of trunk, branches, bark or roots.
B. Do not store or park materials or equipment within the drip line.
C. Install temporary fences or barricades to protect trees and plants in areas
subject to traffic.
D. Fires shall not be permitted under or adjacent to trees and plants.
E. Within the limits of the Work, water trees and plants that are to remain, in order
to maintain their health during construction operations.
F. Cover all exposed roots with burlap and keep it continuously wet. Cover all
exposed roots with earth as soon as possible. Protect root systems from
mechanical damage and damage by erosion, flooding, run-off or noxious
materials in solution.
G. If branches or trunks are damaged, prune branches immediately and protect the
cut or damaged areas with emulsified asphalt compounded specifically for
horticultural use.
H. Remove all damaged trees and plants that die or suffer permanent injury and
replace them with a specimen of equal or better quality.
I. Coordinate Work in this Section with requirements of other sections herein.
1.4 PROTECTION OF IRRIGATION
The CONTRACTOR shall be responsible for maintaining in good condition all
irrigation systems within the easements, which could be damaged by
construction activities. The CONTRACTOR shall repair any irrigation systems
damaged by construction activities within two (2) days. Irrigation systems
partially within the right-of-way of Old Dixie Highway and all intersecting side
streets within project limits may be cut off and capped or connected to same
system to maintain functionality. The CONTRACTOR shall be responsible for
maintaining the functionality of the remaining portion of the system if it should fall
outside of the right-of-way.
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SECTION 01541
PROTECTION OF THE WORK AND PROPERTY
1.5 PROTECTION OF EXISTING STRUCTURES
A. Underground Structures:
1. Underground structures are defined to include, but not be limited to, all
sewer, water, gas, and other piping, and manholes, chambers, electrical
conduits, tunnels and other existing subsurface work located within or adja-
cent to the limits of the Work.
2. All underground structures known to ENGINEER except service
connections for water, sewer, electric, and telephone are shown. This
information is shown for the assistance of CONTRACTOR in accordance
with the best information available, but is not guaranteed to be correct or
complete. The existing utilities shown on the Contract Drawings are located
according to the information available to the ENGINEER at the time the
Drawings were prepared and have not been independently verified by the
OWNER or the ENGINEER. Guarantee is not made that all existing
underground utilities are shown or that the locations of those shown are
accurate. The locations shown are for bidding purposes only. Finding the
actual location of any existing utilities is the CONTRACTOR's responsibility
and shall be done before it commences any work in the vicinity.
Furthermore, the CONTRACTOR shall be fully responsible for any and all
damages, which might be occasioned by the CONTRACTOR's failure to
exactly locate and preserve any and all underground utilities. The OWNER
or ENGINEER will assume no liability for any damages sustained or costs
incurred because of the CONTRACTOR's operations in the vicinity of
existing utilities or structures, nor for temporary bracing and shoring of
same. If it is necessary to shore, brace, or swing a utility, contact the utility
company or department affected and obtain their permission regarding the
method to use for such work.
3. Contact the various utility companies which may have buried or aerial
utilities within or near the construction area before commencing work.
Provide 48 hours minimum notice to all utility companies prior to beginning
construction.
4. Schedule and execute all work involving existing utilities in order to minimize
necessary interruption of services. Whenever such interruption is
necessary for completion of the work, notify the ENGINEER and the
appropriate utility at least 48 hours in advance. Perform all work to
repair/restore utility service to the satisfaction of the appropriate utility.
Include all costs related to service maintenance, interruption, and
restoration in the appropriate line item in the Contract.
5. Where it is necessary to temporarily interrupt house or business services,
the CONTRACTOR shall notify the owner or occupant, both before the
interruption (24-hour minimum), and again immediately before service is
resumed. Before disconnecting and pipes or cables, the CONTRACTOR
shall obtain permission from their owner, or shall make suitable
arrangement for their disconnection by their owner.
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SECTION 01541
PROTECTION OF THE WORK AND PROPERTY
6. Explore ahead of trenching and excavation work and uncover all obstructing
underground structures sufficiently to determine their location, to prevent
damage to them and to prevent interruption of the services which such
structures provide. If CONTRACTOR damages an underground structure,
restore it to original condition at CONTRACTOR's expense.
7. Necessary changes in the location of the Work may be made by
ENGINEER, to avoid unanticipated underground structures.
8. If permanent relocation of an underground structure or other subsurface
facility is required and is not otherwise provided for in the Contract
Documents, ENGINEER will direct CONTRACTOR in writing to perform the
Work, which shall be paid for under the provisions of Article 11 of the
General Conditions.
B. Surface Structures-
1.
tructures:1. Surface structures are defined as structures or facilities above the ground
surface. Included with such structures are their foundations and any
extension below the surface. Surface structures include, but are not limited
to, buildings, tanks, walls, bridges, roads, dams, channels, open drainage,
piping, poles, wires, posts, signs, markers, curbs, walks and all other facil-
ities that are visible above the ground surface.
C. Protection of Underground and Surface Structures:
1. Sustain in their places and protect from direct or indirect injury, all
underground and surface structures located within or adjacent to the limits
of the Work. Such sustaining and supporting shall be done carefully, and
as required by the party owning or controlling such structure. Before
proceeding with the work of sustaining and supporting such structure,
satisfy the ENGINEER that the methods and procedures to be used have
been approved by the party owning same.
2. Assume all risks attending the presence or proximity of all underground and
surface structures within or adjacent to the limits of the Work.
CONTRACTOR shall be responsible for all damage and expense for direct
or indirect injury caused by its Work to any structure. CONTRACTOR shall
repair immediately all damage caused by his work, to the satisfaction of the
OWNER of the damaged structure.
D. All other existing surface facilities, including but not limited to, guard rails, posts,
guard cables, signs, poles, markers, and curbs which are temporarily removed to
facilitate installation of the Work shall be replaced and restored to their original
condition at CONTRACTOR'S expense.
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SECTION 01541
PROTECTION OF THE WORK AND PROPERTY
1.6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES
A. The CONTRACTOR shall be responsible for and make good all damage to
pavement beyond the limits of this Contract, buildings, telephone or other
cables, water pipes, sanitary pipes, or other structures which may be
encountered, whether or not shown on the Drawings.
B. Information shown on the Drawings as to the location of existing utilities has
been prepared from the most reliable data available to the Engineer. This
information is not guaranteed, however, and it shall be this CONTRACTOR's
responsibility to determine the location, character and depth of any existing
utilities. He shall assist the utility companies, by every means possible to
determine said locations. Extreme caution shall be exercised to eliminate any
possibility of any damage to utilities resulting from his activities.
1.7 ADJUSTMENTS OF UTILITY CASTINGS, COVERS AND BOXES
A. All existing utility castings, including valve boxes, junction boxes, manholes, pull
boxes, inlets and similar structures in the areas of construction that are to
remain in service shall be adjusted by the CONTRACTOR to bring them flush
with the surface of the finished work.
B. The CONTRACTOR shall coordinate the utilities to ensure proper construction
sequencing. CONTRACTOR shall make available survey reference markers to
the various utility companies.
+ + END OF SECTION + +
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SECTION 01550
ACCESS ROADS, PARKING AREAS
AND USE OF PUBLIC STREETS
1.1 GENERAL
A. Provide all temporary construction roads, walks and parking areas required
during construction and for use of emergency vehicles. Design and maintain
temporary roads and parking areas so they are fully usable in all weather
conditions.
B. Prevent interference with traffic and the OWN ER's operations on existing roads.
Indemnify and save harmless the OWNER from any expenses caused by
CONTRACTOR's operations over these roads.
C. Roadways damaged by CONTRACTOR shall be restored to their original
condition by the CONTRACTOR subject to approval of the OWNER or
ENGINEER.
D. Remove temporary roads, walks and parking areas prior to final acceptance and
return the ground to its original condition, unless otherwise required by the
Contract Documents.
1.2 USE OF PUBLIC STREETS
The use of public streets and alleys shall be such as to provide a minimum of
inconvenience to the public and to other traffic. Any earth or other excavated
material spilled from trucks shall be removed immediately by the CONTRACTOR
and the streets cleaned to the satisfaction of the Owner.
1.3 USE OF PUBLIC STREETS FOR HAUL ROADS
A. Prior to construction, the CONTRACTOR shall designate all proposed haul
roads to be used during the life of the project. Any earth or other materials
spilled from trucks shall be removed by the CONTRACTOR and streets
cleaned to the satisfaction of the Owner. He further shall be responsible for
repairs to any damages caused by his operations, prior to final payment.
01550 Access Roads
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SECTION 01550
ACCESS ROADS, PARKING AREAS
AND USE OF PUBLIC STREETS
B. All trucks carrying earth shall be covered while moving with an appropriate
tarpaulin. Should trucks hauling earth fail to cover their loads, the
CONTRACTOR will be given two (2) written warnings, after which the
CONTRACTOR shall pay a fine of $50 per uncovered truck to the Owner
when invoked by the Owner to Owner's Engineer. All cleanup shall be the
responsibility of the CONTRACTOR.
C. All trucks/moving equipment shall have backup warning horns in proper
working order while on the job site.
+ + END OF SECTION + +
01550 Access Roads
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i
SECTION 01610
TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT
1.1 GENERAL
A. Make all arrangements for transportation, delivery and handling of equipment
and materials required for prosecution and completion of the Work.
B. Shipments of materials to CONTRACTOR or Subcontractors shall be delivered
to the site only during regular working hours. Shipments shall be addressed and
consigned to the proper party giving name of Project, street number and city.
Shipments shall not be delivered to OWNER except where otherwise directed.
C. If necessary to move stored materials and equipment during construction,
CONTRACTOR shall move or cause to be moved materials and equipment
without any additional compensation.
1.2 DELIVERY
A. Arrange deliveries of products in accord with construction schedules and in
ample time to facilitate inspection prior to installation.
B. Coordinate deliveries to avoid conflict with Work and conditions at site and to
accommodate the following:
1. Work of other contractors, or OWNER.
2. Limitations of storage space.
3. Availability of equipment and personnel for handling products.
4. OWNER'S use of premises.
C. Do not have products delivered to project site until related Shop Drawings have
been approved by the ENGINEER.
D. Do not have products delivered to site until required storage facilities have been
provided.
E. Have products delivered to site in manufacturer's original, unopened, labeled
containers. Keep ENGINEER informed of delivery of all equipment to be
incorporated in the Work.
01610-1
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SECTION 01610
TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT
F. Partial deliveries of component parts of equipment shall be clearly marked to
identify the equipment, to permit easy accumulation of parts, and to facilitate
assembly.
G. Immediately on delivery, inspect shipment to assure:
1. Product complies with requirements of Contract Documents and reviewed
submittals.
2. Quantities are correct.
3. Containers and packages are intact, labels are legible.
4. Products are properly protected and undamaged.
1.3 PRODUCT HANDLING
A. Provide equipment and personnel necessary to handle products, including
those provided by OWNER, by methods to prevent soiling or damage to
products or packaging.
B. Provide additional protection during handling as necessary to prevent scraping,
marring or otherwise damaging products or surrounding surfaces.
C. Handle products by methods to prevent bending or overstressing.
D. Lift heavy components only at designated lifting points.
E. Materials and equipment shall at all times be handled in a safe manner and as
recommended by manufacturer or supplier so that no damage will occur to
them. Do not drop, roll or skid products off delivery vehicles. Hand carry or use
suitable materials handling equipment.
+ + END OF SECTION + +
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SECTION 01611
STORAGE OF MATERIAL AND EQUIPMENT
1.1 GENERAL
A. Store and protect materials and equipment in accordance with manufacturer's
recommendations and requirements of Specifications.
B. Make all arrangements and provisions necessary for the storage of materials
and equipment. Place all excavated materials, construction equipment, and
materials and equipment to be incorporated into the Work, so as not to injure
any part of the Work or existing facilities, and so that free access can be had at
all times to all parts of the Work and to all public utility installations in the vicinity
of the Work. Keep materials and equipment neatly and compactly stored in
locations that will cause a minimum of inconvenience to other contractors,
public travel, adjoining owners, tenants and occupants. Arrange storage in a
manner to provide easy access for inspection.
C. Areas available on the construction site for storage of material and equipment
shall be as shown or approved by the ENGINEER.
D. Store materials and equipment which are to become the property of the
OWNER to facilitate their inspection and insure preservation of the quality and
fitness of the Work, including proper protection against damage by extreme
temperatures and moisture.
E. Do not use lawns, grass plots or other private property for storage purposes
without written permission of the OWNER or other person in possession or
control of such premises.
F. CONTRACTOR shall be fully responsible for loss or damage to stored
materials and equipment.
G. Do not open manufacturer's containers until time of installation unless
recommended by the manufacturer or otherwise specified.
H. When appropriate store materials on wood blocking so there is no contact with
the ground.
+ + END OF SECTION + +
01611-1 01611—Storage of Material
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SECTION 01630
SUBSTITUTIONS
1.1 GENERAL
A. Requests for review of a substitution shall conform to the requirements of
Article 6.05, "Substitutes and Or-Equals," of the General Conditions, and shall
contain complete data substantiating compliance of the proposed substitution
with the Contract Documents.
1.2 CONTRACTOR'S OPTIONS
A. For materials or equipment (hereinafter products) specified only by reference
standard, select product meeting that standard by any manufacturer, fabricator,
supplier or distributor (hereinafter manufacturer). To the maximum extent
possible, provide products of the same generic kind from a single source.
B. For products specified by naming several products or manufacturers, select any
one of the products or manufacturers named which complies with Specifications.
C. For products specified by naming one or more products or manufacturers and
stating "or equivalent," submit a request for a substitution for any product or
manufacturer which is not specifically named.
D. For products specified by naming only one product or manufacturer and followed
by words indicating that no substitution is permitted, there is no option and no
substitution will be allowed.
E. Where more than one choice is available as a CONTRACTOR's option, select
product which is compatible with other products already selected or specified.
1.3 SUBSTITUTIONS
A. During a period of 15 days after date of commencement of Contract Time,
ENGINEER will consider written requests from CONTRACTOR for substitution of
products or manufacturers, and construction methods (if specified).
1. After end of specified period, requests will be considered only in case of
unavailability of product or other conditions beyond control of
CONTRACTOR.
B. Submit 5 copies of Request for Substitution. Submit a separate request for each
substitution. In addition to requirements set forth in Article 6.05 of General
Conditions, include in the request the following:
1. For products or manufacturers:
a. Product identification, including manufacturer's name and address.
b. Manufacturer's literature with product description, performance and
test data, and reference standards.
01630-1 01630 Substitutions
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c. Samples, if appropriate.
d. Name and address of similar projects on which product was used,
and date of installation.
2. For construction methods (if specified):
a. Detailed description of proposed method.
b. Drawings illustrating method.
3. Such other data as the ENGINEER may require to establish that the
proposed substitution is equal to the product, manufacturer or method
specified.
C. In making Request for Substitution, CONTRACTOR represents that:
1. CONTRACTOR has investigated proposed substitution, and deter-
mined that it is equal to or superior in all respects to the product,
manufacturer or method specified.
2. CONTRACTOR will provide the same or better guarantees or
warranties for proposed substitution as for product, manufacturer, or
method specified.
3. CONTRACTOR waives all claims for additional costs or extension of
time related to a proposed substitution that subsequently may become
apparent.
D. A proposed substitution will not be accepted if:
1. Acceptance will require changes in the design concept or a substantial
revision of the Contract Documents.
2. It will delay completion of the Work, or the work of other contractors.
3. It is indicated or implied on a Shop Drawing and is not accompanied by
a formal Request for Substitution from CONTRACTOR.
E. If the ENGINEER determines that a proposed substitute is not equal to that
specified, furnish the product, manufacturer, or method specified at no additional
cost to OWNER.
F. Approval of a substitution will not relieve CONTRACTOR from the requirement
for submission of Shop Drawings as set forth in the Contract Documents.
G. The procedure for review by Engineer will include the following:
1. Requests for review of substitute items of material and equipment will
not be accepted by Engineer from anyone other than CONTRACTOR.
2. Upon receipt of an application for review of a substitution, Engineer will
determine whether the review will be more extensive than a normal shop
drawing review for the specified item.
3. If the substitution will not require a more extensive review, Engineer will
proceed with the review without additional cost to CONTRACTOR.
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4. If the substitution requires a more extensive review, Engineer will
proceed with the review only after CONTRACTOR has agreed to
reimburse Owner for the review cost.
5. Engineer may require CONTRACTOR to furnish at CONTRACTOR's
expense additional data about the proposed substitute.
H. Any redesign of structural members shall be performed by, and the plans signed
and sealed by, a Professional Engineer registered in the State of Florida. The
redesign shall be at the CONTRACTOR's expense. Any redesign will require an
extensive review by the Engineer. The CONTRACTOR must agree to reimburse
the Owner for the review cost prior to the Owner's Engineer proceeding with the
design review. The ENGINEER's estimated cost of review shall be provided to
the CONTRACTOR prior to proceeding with the review to allow the
CONTRACTOR the opportunity to rescind the request.
I. Engineer will be allowed a reasonable time within which to evaluate each
proposed substitution. Engineer will be the sole judge of acceptability and shall
have the right to deny use of any proposed substitution. The CONTRACTOR
shall not order, install, or utilize any substitution without either an executed
Change Order or Engineer's notation on the reviewed shop drawing. Owner may
require CONTRACTOR to furnish at CONTRACTOR's expense a special
manufacturer's performance guarantee(s) or other surety with respect to any
substitute and an indemnification by the CONTRACTOR. ENGINEER will record
time required by Engineer and Engineer's consultants in evaluating substitutions
proposed by CONTRACTOR and in making changes in the Contract Documents
occasioned thereby. Whether or not a proposed substitute is sued,
CONTRACTOR shall reimburse Owner for the charges of Engineer and
Engineer's consultants for evaluating each proposed substitute.
J. Substitute materials or equipment may be proposed for acceptance in
accordance with this Section. In the event that substitute materials or equipment
are used and are less costly than the originally specified material or equipment,
than the net difference in cost shall benefit the Owner and CONTRACTOR in
equal proportions. This cost difference shall not be reduced by any failure of the
CONTRACTOR to base his bid on the named materials or equipment.
+ + END OF SECTION + +
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SECTION 01710
SITE CLEANUP AND RESTORATION
1.1 SCOPE
Furnish all labor, equipment, appliances, and materials required or necessary to
clean up and restore the site after the construction is completed.
1.2 REQUIREMENTS
A. During the progress of the project, keep the work and the adjacent areas
affected thereby in a neat and orderly condition. Remove all rubbish,
surplus materials, and unused construction equipment. Repair all
damage so that the public and property owners will be inconvenienced as
little as possible.
B. Provide onsite containers for the collection of waste materials, debris, and
rubbish and empty such containers in a legal manner when they become
full.
C. Where material or debris has been deposited in watercourses, ditches,
gutters, drains, or catch-basins as a result of the CONTRACTOR's
operations, such material or debris shall be entirely removed and
satisfactorily disposed of during the progress of the work, and the ditches,
channels, drains, etc., shall be kept clean and open at all times.
D. Before the completion of the project, unless otherwise especially directed
or permitted in writing:
1. Tear down and remove all temporary buildings and structures;
2. Remove all temporary works, tools, and machinery, or other
construction equipment furnished;
3. Remove all rubbish from any grounds occupied; and
4. Leave the roads, all parts of the premises, and adjacent property
affected by construction operations, in a neat and satisfactory
condition.
E. Restore or replace any public or private property damaged by construction
work, equipment, or employees, to a condition at least equal to that
existing immediately prior to the beginning of the operations. To this end,
the CONTRACTOR shall restore all highway, roadside, and landscaping
work within any right-of-way, platted or prescriptive. Acceptable materials,
equipment and methods shall be used for such restoration.
F. Thoroughly clean all materials and equipment installed and on completion
of the work, deliver the facilities undamaged and in fresh and new-
appearing condition.
01710 Site Cleanup
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G. It is the intent of the Specifications to place the responsibility on the
CONTRACTOR to restore to their original condition all items disturbed,
destroyed, or damaged during construction. Particular attention will be
placed on restoration of canals to equal or better condition than prior to
construction.
H. When finished surfaces require cleaning with cleaning materials, use only
those cleaning materials which will not create hazards to health or
property and which will not damage the surfaces. Use cleaning materials
only on those surfaces recommended by the manufacturer. Follow the
manufacturer's directions and recommendations at all times.
I. Keep the amount of dust produced during construction activities to a
minimum. At CONTRACTOR's expense, spray water or other dust control
agents over the areas, which are producing the dust. Schedule
construction operations so that dust and other contaminants will not fall on
wet or newly coated surfaces.
1.3 SITE CLEANUP AND RESTORATION
Prior to final completion, the OWNER, ENGINEER, and CONTRACTOR shall
review the site with regards to site cleanup and restoration. Clean and/or restore
all items determined to be unsatisfactory by the OWNER or ENGINEER, at no
additional expense.
+ + END OF SECTION + +
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SECTION 01820
Post Final Inspection
1.1 GENERAL
A. Approximately one year after Final Completion, the OWNER will make
arrangements with the Construction Coordination Manager and the
CONTRACTOR for a post final inspection and will send a written notice to said
parties to inform them of the date and time of the inspection.
B. Corrections of defective work noted by OWNER and Construction Coordination
Manager shall comply with the applicable sections of Article 13, General
Conditions.
C. After the inspection, the OWNER will inform the CONTRACTOR of any
corrections required to release the performance and payment bonds.
* * END OF SECTION
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DIVISION 2 TECHNICAL PROVISIONS
SECTION NO. 00001 Technical Specifications
SECTION NO. 00004 Scope of Work
SECTION NO. 00101 Mobilization
SECTION NO. 00102 Maintenance of Traffic
SECTION NO. 00104 Prevention, Control and Abatement of Erosion and
Water Pollution
SECTION NO. 00110 Clearing and Grubbing
SECTION NO. 00120 Earthwork and Related Operations for Local
Agencies (LAP SPECIFICATION)
SECTION NO. 00286 Turnout Construction
SECTION NO. 00344 Local Agency Program Concrete (LAP
SPECIFICATION)
SECTION NO. 00350 Cement Concrete Pavement
SECTION NO. 00425 Inlets, Manholes and Junction Boxes
SECTION NO. 00522 Concrete Sidewalk
SECTION NO. 00527 Detectable Warning on Existing Sidewalk
SECTION NO. 00570 Performance Turf
SECTION NO. 00700 Highway Signing
SECTION NO. 00706 Raised Retro-Reflective Pavement Markers
SECTION NO. 00711 Thermoplastic Traffic Stripes and Markings
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SECTION 1- Technical Specifications
STANDARD SPECIFICATIONS
A. All work of this Contract shall conform to the applicable technical specifications of
Florida Department of Transportation Standard Specifications for Road and Bridge
Construction, 2013, and Supplemental Specification, Special Provisions and
addenda thereto, except as modified and supplemented hereinafter. Reference to
Article numbers herein-after apply to the FDOT Standard Specifications, and
reference in FDOT Standard Specifications to Department shall be taken as the
Owner or its appointed Representative. Wherever the Specifications,
Supplementals, etc. may refer to the "Owner", "Department", "State of Florida
Department of Transportation", or words relating to offices of State Government,
such words shall be taken as meaning Owner or Indian River County, Florida.
Wherever the word "Owner's Engineer", "District Engineer", "Engineer", "Project
Engineer", etc., appears, it shall be taken to mean the Registered Professional
Project Engineer of the Indian River County Public Works Department, Engineering
Division acting directly or through duly authorized representatives. Wherever the
word "Resident Engineer" appears, it shall be taken to mean an authorized
representative of the Owner's Engineer on the Project (Resident Construction
Inspector) who will act as an agent for Indian River County, assigned to observe
the progress quantity and quality of the work.
The work to be performed per line items 700 through 711 shall conform to the
applicable standards of Indian River County Typical Drawings for Pavement
Markings, Signing & Geometrics Dated July, 2011.
SECTION 4- SCOPE OF WORK
Section 4-3.9 Value Engineering Incentive is deleted in its entirety.
SECTION 101 - MOBILIZATION
The work specified in this section shall conform to Section 101 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction. (2013 Edition)
PART 1 - GENERAL
1.01 The work specified in this section shall include:
A. Record/As-Built Drawings shall be done and conform to Section 108 of the
Technical Specifications and included in Mobilization.
B. Field engineering and layout shall be in conformance to Section 01050, Field
Engineering and Layout of Division 1, General Requirements.
C. Public Construction Bond shall be done and conform to Section 00610— Public
Construction Bond
D. Trench Safety Compliance (Over 5') shall be done and comply to Section 00454
01025-1 Technical Specifications
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— Sworn Statement under the Florida Trench Safety Act
E. Trench Safety Compliance (Shoring) shall be done and comply to Section 00454
— Sworn Statement under the Florida Trench Safety Act
GENERAL
Maintain, prepare and provide the ENGINEER with record documents as specified below,
except where otherwise specified or modified within the scope of work provided in the
specific project contract documents. The Contractor and/or Developer shall be responsible
for, and required to provide, Record Drawings as outlined in this section.
MAINTENANCE OF RECORD DOCUMENTS:
1. Maintain in CONTRACTOR's field office in clean, dry, legible condition
complete sets of the following project documents: Drawings, Specifications,
Addenda, approved Shop Drawings, samples, photographs, Change Orders,
other modifications of Contract Documents, test records, survey data, Field
Orders, and all other documents pertinent to CONTRACTOR'S Work.
2. Provide files and racks for proper storage and easy access.
3. Make documents available at all times for inspection by ENGINEER and
OWNER.
4. Do not use record documents for any other purpose and do not remove them
from the field office.
5. Label each document "RECORD DRAWING" in 2-inch high printed letters.
6. Keep record documents current at all times.
7. No work shall be permanently concealed until the required record data has
been obtained.
RECORD / AS-BUILT DRAWINGS
A. During the construction operation, the CONTRACTOR shall maintain records
of all deviations from the approved Project Plans and Specifications and shall
prepare therefrom "RECORD" drawings showing correctly and accurately all
changes and deviations from the work made during construction to reflect the work
as it was actually constructed.
B. The Record/As-Built survey shall be performed and subsequent plans
prepared by a Professional Surveyor and Mapper, registered in the state of
Florida and certified to the standards set forth in Chapter 472, Florida Statutes and
Chapter 5J-17.050 Florida Administrative Code (Florida Minimum Technical
Standards).
C. Field measurements of vertical or horizontal dimensions of constructed
improvements shall be obtained so that the constructed facility can be delineated in
such a way that the location of the construction may be compared with the
construction plans. Clearly shown by symbols, notations, or delineations, those
constructed improvements located by the survey.
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D. All vertical information (elevations) provided on the Record Drawings shall be
referenced to the North American Vertical Datum of 1988 (NAVD 88) unless
otherwise specified by the Project Engineer.
E. The horizontal information provided on the Record Drawings shall be referenced to
the State of Florida, State Plane Coordinate System, Florida East Zone as
established by Global Positioning System (GPS) which meets or exceeds Third
Order Class I Accuracy Standards according to current publication of the Federal
Geodetic Control Committee (FGCC) procedures.
F. All Record/As-Built drawings shall be prepared in digital format (ACAD Ver.2009 )
and shall utilize the digital design drawings as prepared by the Project Engineer as
a base for the Record/As-Built drawings. It is the responsibility of the Surveyor to
request these files from the Contractor or Project Owner in order to produce the
Record/As-Built drawing set.
G. ALL improvements proposed to be constructed as shown on the approved
construction plans shall be field measured upon completion and shown on the
Record/As-Built survey. Any improvements that appear in both plan and profile
views shall show the Record/As-Built information in both views.
H. The following items are required to be shown on all Indian River County project
Record/As-Built drawings submitted to the County:
DRAINAGE:
1. Right-of-way Swale/Drainage — All culvert inverts, elevations and station
offsets; inlet grate and bottom elevations; swale beginning and end bottom
elevations; and highs and lows along top of bank. Size of swale.
2. Pipe Culvert/PVC Sleeves —All inverts, pipe size, stations and offsets.
3. Outfalls — All pipe inverts, pipe size, elevations and station offsets, weir box
elevations, weir elevation, bleeder elevation and sizes.
4. Roadway/Off Site Drainage — All inverts, elevations and station offsets;
manhole top elevation; grate top elevations.
5. Retention Ponds — Provide perimeter elevations, grade breaks, depths and
calculated pond areas at control elevation and grade breaks above and below
water surface. Show as-built of typical cross section as shown on design plan.
ROADWAY:
1. Stations and offsets related to controlling baseline and elevations of all
structures, side street and major driveway radius returns (edge of pavement),
bends and/or change in direction of roadway alignment, minimum of 1000'
intervals along roadway alignment.
2. Elevations along Profile Grade Line (PGL), of all edge of pavements on each
side of Profile Grade Line (PGL), at medians at the high/low and PVI points
along Profile Grade Line (PGL).
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3. All final Elevations to be plotted on PGL AND Plan & Profile sheets as
applicable.
4. Elevations of edge of pavement and flow line at curb inlets and on the adjacent
edge of pavement at curb inlets.
WATER, FORCE, AND RECLAIMED WATER MAINS:
1. Show size and type of material used to construct mains.
2. Show horizontal location and elevation of all tees, crosses, bends, terminal
ends, valves, fire hydrants, air release valves, and sampling points, etc., by
distances from known reference points.
3. Show location, size and type of material of all sleeves and casing pipes.
4. Elevation and horizontal location of all storm sewers, gravity sewers including
laterals, force mains, water mains, etc. which are crossed; including
clearance dimension at all conflicts or crossings.
5. Top of pipe elevation and horizontal location of all water and force main stub-
outs.
6. Horizontal location of all services at the property lines.
7. Horizontal and vertical location of pipe including size of all mains and ground
elevation shall be obtained at one-hundred (100) foot intervals. Contractor
shall place temporary PVC stand pipes (tell-tales) at each of the one-
hundred (100) foot intervals and at all fittings and conflicts/crossings to
facilitate the record drawing survey. The tell-tale pipes shall be constructed
of 2-inch PVC pipe, shall be placed on the top of the pipes to be surveyed,
and shall be removed by the Contractor after completion of the field survey
by the "As-Built" Professional Surveyor.
8. Location of fire lines.
9. Dedicated easement locations, identified by O.R. Book and Page Number.
GRAVITY SEWER:
1. Manholes: Elevation of top rim, bottom elevation and invert of each influent
and effluent line.
2. Show distance between manholes center-to-center and horizontal location by
baseline station and offset.
3. Show material size and type used to construct sewer mains.
4. Show length (center of manhole to end of stub) distances from known
reference points or baseline offsets, and elevation of stub-outs.
5. Show which services have twenty (20) foot length of DIP at water main
crossings.
6. Show station and offset location of sanitary services' at property line.
Particular care in dimensioning needed in special situations, i.e., cul-de-sacs
and locations where services are not perpendicular to wye.
7. Show invert elevation of sanitary service at property line.
8. Any and all necessary dedicated easement locations, identified by O.R. Book
and Page Number.
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PUMP / LIFT STATION:
Record Drawings shall show elevations for the top and bottom and diameter of wet
well along with invert of effluent line. Record Drawings should also indicate the
make, model number, horsepower, impeller and condition point of pumps selected
and installed, shape of wet well, location of control panel, location of pump out
connection, float level settings, any deviation from the plans, and serial number(s)of
the pump(s).
SURVEY CONTROL
1. Install/re-establish: It shall be the contractor's responsibility to hire a
Professional Surveyor and Mapper as defined per Chapter 472, Florida
Statutes, to replace any horizontal and vertical control shown on the
engineering plans that was destroyed during construction.
2. New roadway alignment control points (survey baseline or controlling line and all
points as indicated on the plans or control sheet) upon final roadway completion.
Include all intersections and side streets. State plane coordinates and
elevations for all control points.
3. If shown on plans or not: Any Public Land Corner or Governmental Survey
Control point(s),vertical control (bench marks), property corners destroyed
and/or disturbed during the scope of the project shall be properly re-established
as per standards as set forth within Florida Statutes, Administrative code and
Minimum Technical Standards for that type of survey. All said surveying
mentioned above shall be performed under the direct supervision of a
registered Professional Surveyor and Mapper in the state of Florida and
certified accordingly. Said Governmental agency(s) shall be notified in writing of
disturbance and re-establishments.
RECORD/AS-BUILTS DRAWINGS FORMAT - SUBMITTAL
A. ENGINEER will supply the CONTRACTOR with the electronic file of the
approved construction plans for the input of the As-Built (record) information.
B. CONTRACTOR shall deliver seven (7) certified sets of Record/As-Builts with
Electronic Drawing files prepared in AutoCAD 2009 AND PDF format or in
current version as agreed by the ENGINEER.
C. CONTRACTOR's surveyor shall review, sign and seal As-Builts or Record
drawing(s). Said drawing(s) shall clearly state type of survey, positional
tolerances, adhere and be certified to by a registered Professional Surveyor and
Mapper in the state of Florida, any standards set forth by Florida Statutes,
Administrative code and Minimum Technical Standards for As-Built/Record
surveys.
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D. All Record/As-Built drawings are subject to review and approval by County
Surveyor.
ACCURACY
The CONTRACTOR will be held responsible for the accuracy and completeness of
Record Drawings and Electronic As-Builts and shall bear any costs incurred in finding
utilities as a result of incorrect data furnished by the CONTRACTOR.
COMPLETION OF WORK
Upon Substantial Completion of the Work, deliver Record Drawings/As-Built Drawings
to ENGINEER. Final payment will not be made until satisfactory record documents are
received and approved by ENGINEER.
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Board of Professional Surveyors and Mappers
Record As-Built Survey Checklist
Lic. Name Date:
Project Name: Old Dixie Highway Sidewalk Improvements 38th Lane to 45th Street
Project No.: 0845B
Chapter 61G17-6 Minimum Technical Standards F.A.C.
61G17-6.003 General Survey, Map, and Report Content Requirements
❑ (1) REGULATORY OBJECTIVE: The public must be able to rely on the
accuracy of measurements and maps produced by a surveyor and mapper.
In meeting this objective, surveyors and mappers must achieve the
following minimum standards of accuracy, completeness, and quality:
❑ (a) Accuracy of survey measurements based on the type of survey and
expected use.
❑ (b) Measurements made in accordance with the United States standard,
feet or meters.
❑ (c) Records of measurements maintained for each survey (check field
notes.)
❑ (d) Measurement and computation records dated.
❑ (e) Measurement and computation records substantiate the survey map.
❑ (f) Measurement and computation records support accuracy statement
(closure calculations or redundant measurements, if applicable.)
(2) Other More Stringent Requirements:
❑ (a) Met more stringent requirements set by federal, state, or local
governmental agencies.
(3) Other Standards and/or Requirements that Apply to All Surveys, Maps,
and/or Survey Products:
❑ (a) REGULATORY OBJECTIVE: In order to avoid misuse of a survey and
map, the surveyor and mapper must adequately communicate the survey
results to the public through a map, report, or report with an attached map.
(b) Survey map or report identified the responsible surveyor and mapper
and contain standard content. In meeting this objective, surveyors and
mappers must meet the following minimum standards of accuracy,
completeness, and quality:
❑ (c) Type survey stated on map and report:
As-Built Survey Hydrographic Survey
Boundary Survey Mean High Water Line Survey
Condominium Survey Quantity Survey
Construction Layout Survey Record Survey
Control Survey Specific or Special Purpose
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Survey Topographic Survey
❑ (d) Name, certificate of authorization number, and street and mailing address
of the business entity on the map and report.
❑ (e) Name and license number of the surveyor and mapper in responsible
charge.
❑ (f) Name, license number, and street and mailing address of a surveyor and
mapper practicing independent of any business entity on the map and report.
❑ (g) Survey date (date of data acquisition.)
❑ (h) Revision date for any graphic revisions (when survey date does not
change.)
❑ (i) Map and report statement "Survey map and report or the copies thereof are
not valid without the signature and the original raised seal of a Florida
licensed surveyor and mapper."
❑ 0) Insurance statement in 1/4" high letters "The survey depicted here is not
covered by professional liability insurance" if there is no professional liability
insurance.
❑ (k) Additions or deletions to survey maps or reports by other than the signing
party or parties is prohibited without written consent of the signing party or
parties.
❑ (1) All computed data or plotted features shown on survey maps supported by
accurate survey measurements unless clearly stated otherwise.
❑ (m) Bearings, distances, coordinates, and elevations shown on a survey map
shall be substantiated by survey measurements unless clearly stated
otherwise.
❑ (n) Bearing reference (well established and monumented line)
❑ (o) A designated "north arrow"
❑ (p) Stated scale or graphic scale
❑ (q) Abbreviations in legend or notes.
❑ (r) Special conditions and any necessary deviation from the standards noted
upon the map or report.
❑ (s) Responsibility for all mapped features stated on the map or report
❑ (t) Map or report clearly states the individual primarily responsible for the map
or report when mapped features have been integrated with others.
(u) Map Accuracy.
(1) Vertical Feature Accuracy:
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❑ (a) Vertical Control: Field-measured control for elevation information shown
upon survey maps or reports shall be based on a level loop or closure to a
second benchmark.
❑ (b) Closure in feet must be accurate to a standard of plus or minus .05 ft.
times the square root of the distance in miles.
❑ (c) All surveys and maps or reports with elevation data shall indicate the
datum and a description of the benchmark(s) upon which the survey is based.
❑ (d) Minor elevation data may be obtained on an assumed datum provided the
base elevation of the datum is obviously different than the established datum.
(2) Horizontal Feature Accuracy:
❑ (a) Horizontal Control: All surveys and maps or reports expressing or
displaying features in a publicly published coordinate system shall indicate
the coordinate datum and a description of the control points upon which the
survey is based.
❑ (b) Minor coordinate data may be obtained and used on an assumed datum
provided the numerical basis of the datum is obviously different than a
publicly published datum.
❑ (c) The accuracy of control survey data shall be verified by redundant
measurements or traverse closures. All control measurements shall achieve
the following closures:
Commercial/High Risk Linear: 1 foot in 10,000 feet;
Suburban: Linear: 1 foot in 7,500 feet;
Rural: Linear: 1 foot in 5,000 feet;
❑ (d) When statistical procedures are used to calculate survey accuracies, the
maximum acceptable positional tolerance, based on the 95% confidence
level, should meet the same equivalent relative distance standards as set
forth in 61G17- 6.003(3)(p)(2.)(c) F.A.C.
❑ (e) Intended Display Scale: All maps or reports of surveys produced and
delivered with digital coordinate files must contain a statement to the effect
of: "This map is intended to be displayed at a scale of 1/ or smaller".
61G17-6.004 Specific Survey, Map, and Report Requirements
(1) As-Built/Record Survey:
❑ (a) Obtained field measurements of vertical or horizontal dimensions of
constructed improvements so that the constructed facility can be delineated
in such a way that the location of the construction may be compared with the
construction plans.
❑ (b) Clearly shows by symbols, notations, or delineations, those constructed
improvements located by the survey.
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❑ (c) All maps prepared shall meet applicable minimum technical standards.
❑ (d) Vertical and horizontal accuracy of the measurements made shall be such
that it may be determined whether the improvements were constructed
consistent with planned locations.
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Item of Payment
Payment for the work specified in this item shall be made under:
Bid Item No. 101-1 - Mobilization - Lump Sum
SECTION 102 - MAINTENANCE OF TRAFFIC
The work specified in this item shall conform to Section 102 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction (2013 Edition),
except as modified herein.
A. GENERAL PROVISIONS-DESCRIPTION: The work specified in this Section consists
of maintaining traffic within the limits of the project for the duration of the construction
period, including any temporary suspensions of the work. It shall include the
construction and maintenance of any necessary detour facilities; the providing of
necessary facilities for access to residences, businesses, etc., along the project; the
furnishing, installing and maintaining of traffic control and safety devices during
construction, the control of dust through the use of calcium chloride if necessary, and
any other special requirements for safe and expeditious movement of traffic as may be
called for on the plans. The term, Maintenance of Traffic, as used herein, shall include
all of such facilities, devices and operations as are required for the safety and
convenience of the public as well as for minimizing public nuisance, all as specified in
this Itemized Section 14 of these provisions and Paragraph 24 in General Conditions
Section.
B. BEGINNING DATE OF CONTRACTOR'S RESPONSIBILITY: The Contractor shall
present his Maintenance of Traffic Plan at the pre-construction conference. The
Maintenance of Traffic Plan shall indicate the type and location of all signs, lights,
barricades, striping and barriers to be used for the safe passage of pedestrians and
vehicular traffic through the project and for the protection of the workmen. The plan
will indicate conditions and setups for each phase of the Contractor's activities.
When the project plans include or specify a specific Maintenance of Traffic Plan,
alternate proposals will be considered when they are found to be equal to or better
than the plan specified.
In no case may the Contractor begin work until the Maintenance of Traffic Plan has
been approved in writing by the Engineer. Modifications to the Maintenance of Traffic
Plan that become necessary shall also be approved in writing. Except in an
emergency, no changes to the approved plan will be allowed until approval to change
such plan has been received.
The cost of all work included in the Maintenance of Traffic Plan shall be included in the
pay item for Maintenance of Traffic.
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The Contractor shall be responsible for performing daily inspections, including
weekends and holidays, with some inspections at nighttime, of the installations on the
project and replace all equipment and devices not conforming with the approved
standards during that inspection. The project personnel will be advised of the
schedule of these inspections and be given the opportunity to join in the inspection as
is deemed necessary.
C. TRAFFIC CONTROL - STANDARDS: The FDOT Design Standards For Design
Construction, Maintenance and Utility Operations On The State Hiqhway System,
Edition as dated on the plans set forth the basic principles and prescribes minimum
standards to be followed in the design, application, installation, maintenance and
removal of all traffic control devices and all warning devices and barriers which are
necessary to protect the public and workmen from hazards within the project limits.
The standards established in the aforementioned manual constitute the minimum
requirements for normal conditions, and additional traffic control devices warning
devices, barriers or other safety devices will be required where unusual, complex or
particularly hazardous conditions exist.
The above referenced standards were developed using F.H.W.A., U.S.D.O.T. Manual
on Uniform Traffic Control Devices (MUTCD).
D. TRAFFIC CONTROL DEVICES, WARNING DEVICES AND BARRIERS -
INSTALLATION: The responsibility for installation and maintenance of adequate traffic
control devices, warning devices and barriers, for the protection of the travel in public
and workmen, as well as to safeguard the work area in general shall rest with the
Contractor. Consideration shall be given to recommendations of the Engineer. The
required traffic control devices, warning devices and barriers shall be erected by the
Contractor prior to creation of any hazardous condition and in conjunction with any
necessary re-routing of traffic. The Contractor shall immediately remove, turn or cover
any devices or barriers which do not apply to existing conditions. All traffic control
devices shall conform to MUTCD standards and shall be clean and relatively
undamaged. Damaged devices diminishing legibility and recognition, during either
night or day conditions, are not acceptable for use.
E. NO WAIVER OF LIABILITY: The Contractor shall conduct his operations in such a
manner that no undue hazard will result due to the requirements of this article, and the
procedures and policies described therein shall in no way act as a waiver of any of the
terms of the liability of the Contractor or his surety.
F. Contractor's Maintenance of Traffic Plan shall maintain continuous vehicular traffic on
Old Dixie Highway at all times.
Item of Payment
Payment for the work specified in this item shall be made under:
Bid Item No. 102-1 - Maintenance of Traffic - Lump Sum
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SECTION NO. 104 PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND
WATER POLLUTION
PART 1 — GENERAL
1.1 SCOPE
A. This Section covers erosion control and the treatment of dewatering water and stormwater
runoff from the construction site and work area. The pollution control measures shall
prevent turbid or otherwise polluted waters from being discharged from the construction
site or work area, to undeveloped portions of the site or off-site.
B. The OWNER considers pollution from dewatering water and stormwater runoff from a
construction site or work area to be a very serious offense. The CONTRACTOR is
solely responsible for preventing pollution caused by dewatering water and stormwater
runoff from the construction site or work area.
C. The pollution control measures specified herein represent minimum standards to be
adhered to by the CONTRACTOR throughout the Project's construction. The OWNER
reserves the right to require the CONTRACTOR to employ additional pollution control
measures, when in the sole opinion of the OWNER, they are warranted. If site specific
conditions require additional erosion and stormwater pollution control measures during any
phase of construction or operation to prevent erosion or to control sediment or other
pollution, beyond those specified in the Drawings or herein, implement additional best
management practices as necessary, in accordance with Chapter 4, "Best Management
Practices for Erosion and Sedimentation Control" of the Florida Erosion and Sediment
Control Inspector's Manual, and other references as may be required by regulatory
permits. (http://www.dep.state.fl.us./water/nonpoint/docs/erosion/erosion-inspectors-
manual.pdf)
D. The OWNER may terminate this Contract if the CONTRACTOR fails to comply with this
Section. Alternatively, the OWNER may halt the CONTRACTOR's operations until the
CONTRACTOR is in full compliance with this Section. If the OWNER halts the
CONTRACTOR's work as a result of its failure to comply with this Section, the Construction
Contract time clock will continue to run.
E. In addition to these Specifications, comply with Chapter 4 - "Best Management Practices
for Erosion and Sedimentation Control" and Chapter 5 —"Best Management Practices for
Dewatering"of the Florida Erosion and Sediment Control Inspector's Manual. In the event
of a conflict between the referenced Chapters and these Specifications, the more stringent
requirement shall prevail.
1.2 SOME PERMITS TO BE OBTAINED BY THE CONTRACTOR
A. The OWNER has obtained certain permits for this project and they are listed in
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paragraph SC-6.08 of the Supplementary Conditions. Per paragraph SC-6.08.A.2 of
the Supplementary Conditions, the CONTRACTOR shall apply for, obtain, and pay for
all other required permits, licenses, sampling, and tests. Permits the CONTRACTOR
may need to secure may include but not be limited to-
1.
o:1. Long-term and/or short-term dewatering permit as required by the St. Johns
River Water Management District (SJRWMD). Generally, only the short-term
permit is required. Contact SJRWMD at (321) 984-4940 to determine which
permit is required and the associated statutory requirements;
2. SJRWMD RDS-50 Permit (required);
3. The State of Florida Generic Permit for Stormwater Discharge From Large
and Small Construction Activities (required). Contact the Florida Department
of Environmental Protection (FDEP) at (866) 336-6312 (toll free) or (850)
245-7522 or www.dep.state.fl.us/water/stormwater/npdes/
4. FDEP's Uncontaminated Groundwater Release Permit (required if
dewatering occurs). This permit requires water quality testing by a State
certified laboratory.
B. Provide copies of all permits to the OWNER and ENGINEER and comply with all conditions
contained in all permits at no extra cost to the OWNER. If there is a conflict between any
permit requirement and these Specifications, the more stringent specification or
requirement shall govern.
C. In addition to paying for all permit fees, CONTRACTOR shall also pay for all water quality
sampling and laboratory tests required by any permit.
1.3 GENERAL
A. Do not begin any other construction work until the pollution control and treatment
system has been constructed in accordance with approved plans and permits and
approved for use by the OWNER and applicable permitting authorities.
B. From time to time, the OWNER or ENGINEER will inspect the pollution control and
treatment system and may take effluent samples for analysis by a testing laboratory
selected and paid for by the OWNER. If at any time, the OWNER or ENGINEER
determines that the pollution control and treatment system is not in compliance with
the approved system, the OWNER or ENGINEER will shut the portion of the project
down that is not in compliance, and it shall remain shut-down until the pollution control
and treatment system is properly constructed or repaired, and complies with the
approved pollution control and treatment system plans and specifications.
C. Schedule construction to minimize erosion and stormwater runoff from the construction
site. Implement erosion control measures on disturbed areas as soon as practicable in
portions of the site where construction activities have temporarily or permanently
ceased, but in no case more than 7 days after the construction activity in that portion of
the site has temporarily or permanently ceased. In addition to other temporary erosion
control measures that may be implemented, application of polyacrylamide is required
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on all such disturbed areas within 7 days after the construction activity in that portion of
the site has temporarily or permanently ceased, unless final landscaping has been
installed. Polyacrylamide application shall be as specified herein.
D. Inspect each pollution control system at least once per day and after each rainfall
event. Clean and maintain each pollution control system as required by its
manufacturer or the OWNER, until the system is no longer needed. If a water quality
violation occurs, immediately cease all work contributing to the water quality violation
and correct the problem.
E. Discharge shall not violate State or local water quality standards in the receiving
waters, nor cause injury to the public health or to public or private property, nor to the
Work completed or in progress. The receiving point for water from construction
operations shall be approved by the applicable owner, regulatory agency, and the
ENGINEER.
F. Promptly repair all damage at no cost to the OWNER.
1.4 SUBMITTALS
A. Shop Drawings: Submit shop drawings of the proposed pollution control and treatment
systems in accordance with Section 1340.
B. Stormwater Pollution Prevention Plan.
1.5 STATE CERTIFIED EROSION CONTROL SPECIALTY SUBCONTRACTOR IS
REQUIRED FOR INSTALLATION, AND MAINTENANCE
A. State Certified Erosion Control Specialty Subcontractor is Required for Installation and
Maintenance: Installation and maintenance of all erosion and stormwater pollution
control devices, shall be by a State Certified erosion control subcontractor who
specializes in the installation and maintenance of such devices. After installation, this
specialty subcontractor shall maintain the erosion and stormwater pollution control
devices until in the ENGINEER's sole opinion, the devices are no longer necessary
(such time not to extend past the date the OWNER formally accepts the project as
complete). Before beginning construction, submit to Indian River County for review
and approval, a Stormwater Pollution Prevention Plan (SWPPP), prepared by the
certified erosion control subcontractor. Construction shall not begin until the SWPPP
has been approved by Indian River County. Submit the approved SWPPP to the
ENGINEER before beginning construction. Include in the SWPPP, the "Contractor's
Affidavit Regarding Erosion Control and Treatment of Dewatering Water and
Stormwater From the Construction Site" (located at the end of this Section).
1.6 "POLLUTION"AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED
A. With respect to this Section and as may be further defined in paragraphs 1.6.13, 1.6.C,
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:.jq
and 1.6.D, "pollution" is the presence in off-site waters of any substances,
contaminants, or manmade or human-induced impairment of off-site waters or
alteration of the chemical, physical, biological, or radiological integrity of off-site water
in quantities or at levels which are or may be potentially harmful or injurious to human
health or welfare, animal or plant life, or property. Pollutants to be removed include but
are not limited to, sediment and suspended solids, solid and sanitary wastes,
phosphorus, nitrogen, pesticides, oil and grease, concrete truck washout, stucco mixer
washout, curb machine washout, washout from other construction equipment,
construction chemicals, and construction debris.
B. When the Discharge is Directly Into an Existing Water Body, Pollution Occurs When . .
An existing water body (including ditches and canals) is defined to be polluted by the
CONTRACTOR's operations when at any time, the turbidity of the water immediately
downstream of the CONTRACTOR's discharge point(s) is at least 29 nephelometric
turbidity units (NTUs) higher than the turbidity of the background water upstream of the
discharge point(s). [See Fla. Administrative Code 62-302.530] Exception: When the
discharge is directly into or through an outfall discharging into "Outstanding Florida
Waters," designated by Florida Statute 403.061(27), the turbidity of the discharged
water cannot exceed the turbidity of the immediate receiving water. The ENGINEER
or OWNER shall determine the locations where the turbidity is measured.
C. When the Discharge is not Directly Into an Existing Water Body, Pollution Occurs
When . In some instances, dewatering water or stormwater runoff from the
construction site or work area may reach a water body indirectly, such as after traveling
through pipes or by overland flow. Before construction commences, the Contractor will
measure background levels of total suspended solids (TSS) and turbidity, in the
immediate vicinity of the discharge water's ultimate discharge point into the receiving
water body. If the discharge water's TSS and turbidity measurements exceed these
pre-construction background values by 20 percent for TSS and 29 NTUs for turbidity,
then the discharge from the CONTRACTOR's operations is defined to be polluted.
D. Pollution Always Occurs When . . . The discharge from a construction site or work
area is defined to be polluted whenever the pH of the discharge is less than 6.5 or
greater than 8.5, or whenever any of the following is present in the discharge water:
(1) Hazardous waste or hazardous materials in any quantity,
(2) Any petroleum product or by-product in any quantity,
(3) Any chemical in any quantity, or
(4) Concentrated pollutants.
E. Above paragraphs 1.6.13, 1.6.C, and 1.6.D do not in any way, limit the types of
conditions in which pollution may be determined to occur.
1.7 PENALTIES FOR NONCOMPLIANCE WITH THIS SECTION
A. In addition to the OWNER's specific remedies, if erosion or pollution is caused by
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dewatering water or stormwater runoff from the construction site, the OWNER will
immediately report the violations to the Indian River County Code Enforcement Board,
SJRWMD, FDEP, Indian River Farms Water Control District (or other F. S. Chapter
298 Drainage District, as appropriate), and other pertinent regulatory or enforcement
agencies.
PART 2 - MATERIALS AND INSTALLATION
2.1 GENERAL
A. Polyacrylamide: As required in Paragraph 1.3.C, place polyacrylamide (PAM) on bare
ground to reduce the potential for erosion. PAM may also be used in water bodies to
remove turbidity. Use the anionic form of polyacrylamide that does not stick to fish
gills. For PAM information and its proper application, contact Applied Polymer
Systems, Inc., (678) 494-5998, www.siltstop.com.
B. Staked Silt Fences:
1. General: Use silt fences to control runoff from the construction site where the
soil has been disturbed.
2. Installation: Install per the manufacture's recommendations and as specified
herein. In general, install the silt fence in a manner that allows it to stop the
water long enough for the sediment to settle while the water passes through the
silt fence fabric. All supporting posts shall be on the down-slope side of the
fencing. Place the bottom of the fabric 6-inches minimum, under compacted
soil to prevent the flow of sediment underneath the fence. Place silt fences
away from the toe of slopes. Otherwise, install in accordance with FDOT Index
No. 102.
3. Product: All material shall be new and unused. Use FDOT Types II through IV
silt fences where large sediment loads are anticipated, where slopes are 1:2
(vertical: horizontal) or steeper, or as directed by the ENGINEER; otherwise use
FDOT Type III silt fence.
(a) For FDOT Type III Silt Fence -ACF Environmental, Catalog No. 360800000,
Florida DOT Silt Fence. U.S. Sieve = 30, tensile strength = 120 pounds. The
heavy-duty filter fabric shall be pre-attached to 48-inch long stakes on 6-foot
centers. (1-800-448-3636).
(b) For FDOT Type IV Silt Fence, modify the above Catalog No. 360800000 to
comply with FDOT Index No. 102.
(c) Or equivalent.
C. Turbidity Barriers:
1. General: Use turbidity barriers to control sediment contamination of
rivers, lakes, ponds, canals, etc.
2. Installation: Install per the manufacturer's recommendations and per FDOT
Index No. 103 unless directed otherwise by the ENGINEER.
3. Product: All material shall be new and unused. The turbidity barrier shall be a
pervious barrier and the fabric color shall be yellow.
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a. Parker Systems, Inc.(1-866-472-7537),model Type II or Type I
b. Or equivalent.
D. Sedimentation Control From Dewatering or Pumping Operations Using Filter Bags:
1. Remove silt, sediment, and other particles from dewatering or pumping
applications using a filter bag. The bag shall be manufactured using a
polypropylene non-woven geotextile and sewn by a double-needle machine,
using a high strength nylon thread. The bag shall have a fill spout large enough
to accommodate a 4-inch pump discharge hose. Straps shall be attached to
the bag to secure the hose and prevent pumped water from escaping without
being filtered.
2. Installation: Install in accordance with the manufacturer's specifications. Use as
many filter bags as required, at no additional cost to the OWNER. Legally
dispose of the bags offsite, at no cost to the OWNER. If the bags are placed on
aggregate to facilitate filtration efficiency, do not use limerock aggregate.
3. Product: The filter bag shall be supplied with lifting straps.
a. "DIRTBAG 53 or 55 as applicable," supplied by ACF Environmental,
Inc. (1-800-448-3636).
b. "DANDY DEWATERING BAG"supplied by Dandy Products, Inc. (1-800-
591-2284).
C. Or equivalent.
E. Curb Inlet Protection:
1. Filter stormwater before it enters curb inlets.
2. Installation: Install in accordance with the manufacturer's specifications. Use as
many of the specified filtration devices as required, at no additional cost to the
OWNER.
3. Product: All materials shall be new and unused. The length of the curb inlet
filtration device shall be at least 2-feet longer than the curb inlet opening.
a. "GUTTERBUDDY," supplied by ACF Environmental, Inc. (1-800-448-
3636).
b. Or equivalent.
F. Catch Basin Protection:
1. Filter stormwater before it enters catch basins (drop inlets). The filter "sack"
shall be manufactured from woven polypropylene geotextile and sewn by a
double-needle machine, using a high strength nylon thread. The sack shall be
manufactured to fit the opening of the catch basin or drop inlet and it shall have
the following features: two dump straps attached at the bottom to facilitate
emptying; lifting loops as an integral part of the system to be used to lift the
sack from the basin; and a colored restraint chord approximately halfway up the
sack to keep the sides away from the catch basin walls. The colored restraint
chord shall also serve as a visual means of indicating when the sack should be
emptied.
2. Installation: Install in each catch basin in accordance with the manufacturer's
specifications. Use as many of the specified filtration devices as required, at no
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additional cost to the OWNER.
3. Product: All materials shall be new and unused.
a. 11SILTSACK" (regular flow), supplied by ACF Environmental, Inc. (1-800-
448-3636).
b. "FloGuard+PLUS," supplied by Kristar Enterprises, Inc. (1-800-579-
8819).
C. Or equivalent.
G. Construction Site Egress Driveways: Minimize the transport of sediment and soil from
the construction site or work area by vehicle wheels. Construct a crushed rock driving
surface at the vehicle exit point(s). Provide an area large enough to remove the
sediment and soil from vehicle wheels before the vehicle leaves the construction site
or work area. Provide wash-down stations as required to wash vehicle tires and retain
all washwater on-site. Do not use limerock.
H. Rock and Stone for Erosion Control and Pollution Control and Treatment:
1. Crushed Limerock: Crushed limerock shall not be used under any
circumstance.
2. Acceptable Material: FDOT #4 non-calcareous aggregate (usually granite),
washed and meeting the requirements of FDOT Standard Specifications for
Road and Bridge Construction, Section 901.
I. Hay Bales: Hay bales shall not be used.
PART 3 - EXECUTION
A. Design, construct, and maintain the pollution control and treatment system to minimize
erosion and capture and remove pollutants from the construction site and from all
other areas disturbed by construction activities.
B. Apply polyacrylamide only as directed by the polyacrylamide manufacturer/supplier.
Item of Payment
Payment for the work specified in this item shall be made under:
Bid Item No. 104-1 — Prevention, Control and Abatement of Erosion and Water
Pollution — Lump Sum
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CONTRACTOR'S AFFIDAVIT REGARDING POLLUTION
This sworn statement is submitted to Indian River County Project No. 0845B for Old Dixie
Highway Sidewalk Improvements, 38th Lane to 45th Street.
STATE OF
COUNTY OF
Personally before me the undersigned authority, appeared
who upon oath duly
administered, stated as follows:
1. This sworn statement is submitted by the CONTRACTOR
whose business address is
and (if applicable) its Federal Identification No.(FEIN) is
2. My name is and my relationship to the
entity named above is
(If signing as Owner's Agent, attach Letter of Authorization to Sign from Owner)
3. 1 understand and agree that in addition to complying with the terms and conditions of the
Stormwater Management System Permit issued by Indian River County, Contractor is
responsible for complying with the terms and conditions of the following as applicable to
the site:
(a) State of Florida Generic Permit for Stormwater Discharge From Large and Small
Construction Activities (for projects one acre or larger),
(b) Stormwater Pollution Prevention Plan (regardless of project size),
(c) St. Johns River Water Management District permit(s) (regardless of project size),
(d) Florida Department of Environmental Protection permit(s) (regardless of project
size),
(e) All other permits required for this project not specifically listed herein, and
(f) All Codes and Ordinances of Indian River County.
4. 1 understand and agrees that "pollution" as defined by Florida Statutes Chapter 403.031(7)
includes: ". . . the presence in the outdoor atmosphere or waters of the state of any
substances, contaminants, noise, or manmade or human-induced impairment of air or waters
or alteration of the chemical, physical, biological, or radiological integrity of air or water in
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quantities or at levels which are or may be potentially harmful or injurious to human health or
welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of
life or property, including outdoor recreation unless authorized by applicable law."
5. 1 understand and agree that in addition to the definition set forth in Item 4 above,
"pollution" is also defined by Florida Administrative Code 62-302.530 and as may be
further defined in the Indian River County permit(s).
6. 1 understand that Indian River County requires the design, installation, and maintenance of
proper erosion control measures at all times during construction until complete
stabilization is achieved at the project site. Contractor understands that this requirement
is for this project regardless of the project size.
7. 1 understand that there are civil and criminal penalties for pollution listed in Florida Statutes
Ch. 403.141 and Ch. 403.161 and that there are other penalties listed in Indian River
County's permits, including but not limited to, Indian River County issuing a Cease and
Desist Order for the project. Contractor understands that it may be liable for these and
other penalties if offsite pollution occurs as a result of activities associated with the
Project.
8. Transfer of Ownership or County Issued Permits:
(a) Transfer of Interest in Real Property: Within twenty-one (21) days of any transfer of
ownership or control of the real property at which the permitted activity, facility, or
system is located or authorized, the Contractor shall notify in writing, both the Indian
River County Engineering Division and the Indian River County Stormwater Division
of the transfer. Contractor shall provide the name, mailing address, and telephone
number of the transferee and a copy of the instrument effectuating the transfer. Said
notification is in addition to notifying the County Attorney's Office as required by
County Code.
(b) Transfer of a County Permit. To transfer a County issued permit, Contractor must
provide (1) the information required in Item 8(a); (2) a written statement from the
proposed transferee that it will be bound by all terms and conditions of the permit;
and (3) a new "Contractor's Affidavit" form properly executed by the transferee. Upon
proper receipt of these items the County shall transfer the permit to the transferee.
(c) Contractor is encouraged to request a permit transfer prior to the sale or legal
transfer of the real property at which a permitted facility, system, or activity is located
or authorized. However, the transfer shall not be effective prior to the sale or legal
transfer.
(d) An "Illicit Discharge Sign" must be present at the site at the time of transfer.
Replacement or additional signs may be obtained from the Indian River County
Public Works Department at a cost of $30.00 per sign.
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Under penalty of perjury, Contractor declares that it has read the foregoing affidavit and the facts
stated in it are true.
FURTHER AFFIANT SAYETH NAUGHT
Contractor:
Authorized Signature:
(If signing as Owner's Agent, attach Letter of Authorization to Sign from Owner)
Printed Name:
Date:
The foregoing instrument was subscribed and sworn to before me this day of
, 20_ by who
is personally known to me or has produced as
identification and who did take oath.
Notary Public State of Florida at Large
My Commission expires:
+ + END OF SECTION + +
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SECTION NO. 110 - CLEARING AND GRUBBING
The work specified in this item shall conform to Section 110 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction. (2013) with the
following modifications:
A. Prior to any clearing and grubbing, the contractor will stake the right-of-way.
Unimproved areas shall be cleared of trees, logs, stumps, brush, vegetation, rubbish
and other perishable or objectionable matter within limits shown on the plans
excepting for certain trees and shrubs shown on the plans or as directed by the
Engineer which are to remain undisturbed and protected. Stumps and roots between
slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to a
depth of 18 inches below subgrade. No stumps, roots, or perishable matter of any
description shall remain under concrete slabs or footing, including pavement and
sidewalks.
B. No trees shall be removed or relocated until the Engineer or his representative has
marked all trees to be saved, after a review of the project site with the Contractor's
representative.
C. Where the final pavement or structural work will be close to existing trees, the
Contractor shall exercise care in the vicinity of the trees. Further, the Contractor shall
saw cut along the edge of the outside limits of the stabilization, structure subgrade or
sidewalk to a minimum depth of 4 feet below the finish grade and paint with a
commercial grade pruning paint the ends of all sawn roots. If directed by the Engineer
or where shown on the drawings, work shall be done by hand in order to protect the
trees.
D. The Contractor shall exercise care when working in the vicinity of all trees to remain
so as to not damage or remove major root structures. The Contractor shall not pull
hair or major root structures. All severed roots shall be sawn clean and paint with
pruning paint. Stumps, roots, etc., shall be completely removed and disposed of by
the Contractor. Undesirable, dead, and/or damaged trees (as so designated by the
Engineer) shall be removed.
E. All trees to be removed shall be disposed off site; burning will be strictly prohibited.
F. All trees or shrubs which are to remain shall be preserved and protected by the
Contractor. Where the removal of valuable trees or shrubs specifically for
transplanting is required, this work shall be done in cooperation with the Owner and at
no additional expense to the Owner.
G. All items to be removed shall be excavated to their full depth. All culverts removed
from residential driveway entrances within the right-of-way shall become the property
of the respective homeowner. Those homeowners not desiring the culverts may
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donate them to the County free of charge. (See Paragraph C, Special Provisions)
The Contractor shall transport the culverts to the County's storage yard. All metal
castings for catch basins, manholes, or other structures shall be carefully removed
and stored in the County's Storage Yard if they are deemed salvageable by the
Engineer. The excavated materials shall be removed from thejob site and disposed in
a location designated or approved by the Owner. Any culverts, structures or any
material excavated or removed from the project site under clearing and grubbing
deemed unsalvageable by the Engineer shall be disposed of in a legal manner by the
Contractor. Where required, suitable material as approved by the Engineer shall then
be backfilled and compacted to restore the original contour of the ground. The fill
material shall be backfilled and compacted in accordance with Section 120 of these
specifications.
H. No additional payment will be made, nor will additional work, or change orders be
authorized for work needed to remove, relocate, protect, or otherwise account for in
the construction of the work depicted in the plans, for any feature, or item that would
be apparent from a careful inspection of the site and review of the plans, even though
such feature or item is not specifically called out in the plans. It is therefore essential
the contractor make such inspection and review.
I. The unit price bid for this item shall include the cost of all labor, tools, and equipment
necessary to excavate, remove, and dispose of those items as directed by the
Engineer and where designated on the Drawings. The cost of restoration and backfill
and compaction for the specific area of removal shall also be included under this item.
Item of Payment
Payment for the work specified in this item shall be made under:
Bid Item 110-1-1 - Clearing and Grubbing - Lump Sum
Bid Item 110-4 — Removal of Existing Concrete Pavement — Per Square Yard
Bid Item 110-7 — Mailbox (Relocation) — Lump Sum
SECTION 120
EARTHWORK AND RELATED OPERATIONS FOR LOCAL AGENCIES
120-1 Description.
120-1.1 General: Perform Earthwork and Related Operations based on the type of
work specified in the Contract and the Earthwork Categories as defined below. Meet the
applicable requirements for materials, equipment and construction as specified.
Earthwork and Related Operations consists of excavation for the construction of
the roadway, excavation for structures and pipe, constructing backfill around structures and
pipe, and constructing embankments as required for the roadway, ditches, and channel
changes.
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120-1.2 Earthwork Categories: Performance of Earthwork Operations will fall into one
of the following Earthwork Categories:
120-1.2.1 Earthwork Category 1: Includes the earthwork and related
operations associated with the construction of sidewalks and bike paths along with any
drainage structures associated with these facilities.
120-1.2.2 Earthwork Category 2: Includes the earthwork and related
operations associated with the construction of turn lanes and other non-mainline traffic lanes,
widening, roadway shoulders, concrete box culverts, retaining walls, and other drainage
structures on the non-mainline pavement.
120-1.2.3 Earthwork Category 3: Includes the earthwork and related
operations associated with the construction of new mainline pavement, along with concrete
box culverts, retaining walls, and other drainage structures on the mainline pavement.
120-2 Classes of Excavation.
120-2.1 Excavation of Unsuitable Material: Excavation of unsuitable material
consists of the removal of muck, clay, rock or any other material that is unsuitable in its
original position and that is excavated below the finished grading template. For stabilized
bases and sand bituminous road mixes, the finished grading template is the top of the
finished base, shoulders and slopes. For all other bases and rigid pavement, the finished
grading template is the finished shoulder and slope lines and bottom of completed base or
rigid pavement.
120-2.2 Lateral Ditch Excavation: Lateral Ditch Excavation consists of all excavation
of inlet and outlet ditches to structures and roadway, changes in channels of streams, and
ditches parallel to the roadway right-of-way. Dress lateral ditches to the grade and cross-
section shown in the plans.
120-2.3 Channel Excavation: Channel Excavation consists of the excavation and
satisfactory disposal of all materials from the limits of the channel as shown in the plans.
120-2.4 Excavation for Structures and Pipe: Excavation for Structures consists of
the excavation for bridge foundations, box culverts, pipe culverts, storm sewers and all other
pipe lines, retaining walls, headwalls for pipe culverts and drains, catch basins, drop inlets,
manholes, and similar structures.
120-3 Excavation Requirements.
120-3.1 Excavation and Replacement of Unsuitable Materials: Where rock, muck,
clay, or other material within the limits of the roadway is unsuitable in its original position,
excavate such material to the cross-sections shown in the plans or indicated by the Engineer,
and backfill with suitable material. Shape backfill materials to the required cross-sections.
Where the removal of plastic soils below the finished earthwork grade is required, meet a
construction tolerance of ± 0.2 foot in depth and ± 6 inches (each side) in width.
120-3.2 Lateral Ditch Excavation: Excavate inlet and outlet ditches to structures and
roadway, changes in channels of streams and ditches parallel to the roadway. Dress lateral
ditches to the grade and cross-section shown in the plans.
120-3.3 Channel Excavation: Excavate and dispose of all materials from the limits of
the channel as shown in the plans. Excavate for bridge foundations, box culverts, pipe
culverts, storm sewers and all other pipe lines, retaining walls, headwalls for pipe culverts and
drains, catch basins, drop inlets, manholes, and similar structures.
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120-3.4 Excavation for Structures and Pipe.
120-3.4.1 Requirements for all Excavation: Excavate foundation pits to permit
the placing of the full widths and lengths of footings shown in the plans, with full horizontal
beds. Do not round or undercut corners or edges of footings. Perform all excavation to
foundation materials, satisfactory to the Engineer, regardless of the elevation shown on the
plans. Perform all excavation in stream beds to a depth at least 4 feet below the permanent
bed of the stream, unless a firm footing can be established on solid rock before such depth is
reached, and excavate to such additional depth as may be necessary to eliminate any danger
of undermining. Wherever rock bottom is secured, excavate in such manner as to allow the
solid rock to be exposed and prepared in horizontal beds for receiving the masonry. Remove
all loose and disintegrated rock or thin strata. Have the Engineer inspect and approve all
foundation excavations prior to placing masonry.
120-3.4.2 Earth Excavation:
120-3.4.2.1 Foundation Material other than the Rock: When masonry
is to rest on an excavated surface other than rock, take special care to avoid disturbing the
bottom of the excavation, and do not remove the final foundation material to grade until just
before placing the masonry. In case the foundation material is soft or mucky, the Engineer
may require excavation to a greater depth and to backfill to grade with approved material.
120-3.4.2.2 Foundation Piles: Where foundation piles are used,
complete the excavation of each pit before driving the piles. After the driving is completed,
remove all loose and displaced material, leaving a smooth, solid, and level bed to receive the
masonry.
120-3.4.2.3 Removal of Obstructions: Remove boulders, logs, or any
unforeseen obstacles encountered in excavating.
120-3.4.3 Rock Excavation: Clean all rock and other hard foundation material,
remove all loose material, and cut all rock to a firm surface. Either level, step vertically and
horizontally, or serrate the rock, as may be directed by the Engineer. Clean out all seams, and
fill them with concrete or mortar.
120-3.4.4 Pipe Trench Excavation: Excavate trenches for pipe culverts and
storm sewers to the elevation of the bottom of the pipe and to a width sufficient to provide
adequate working room. Remove soil not meeting the classification specified as suitable
backfill material in 120-8.3.2.2 to a depth of 4 inches below the bottom of the pipe elevation.
Remove rock, boulders or other hard lumpy or unyielding material to a depth of 12 inches
below the bottom of the pipe elevation. Remove muck or other soft material to a depth
necessary to establish a firm foundation. Where the soils permit, ensure that the trench sides
are vertical up to at least the mid-point of the pipe.
For pipe lines placed above the natural ground line, place and compact
the embankment, prior to excavation of the trench, to an elevation at least 2 feet above the
top of the pipe and to a width equal to four pipe diameters, and then excavate the trench to
the required grade.
120-4 Disposal of Surplus and Unsuitable Material.
120-4.1 Ownership of Excavated Materials: Dispose of surplus and excavated
materials as shown in the plans or, if the plans do not indicate the method of disposal, take
ownership of the materials and dispose of them outside the right-of-way.
120-4.2 Disposal of Muck on Side Slopes: As an exception to the provisions of
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120-4.1, when approved by the Engineer, muck (A-8 material) may be placed on the slopes,
or stored alongside the roadway, provided there is a clear distance of at least 6 feet between
the roadway grading limits and the muck, and the muck is dressed to present a neat
appearance. In addition, this material may also be disposed of by placing it on the slopes
where, in the opinion of the Engineer, this will result in an aesthetically pleasing appearance
and will have no detrimental effect on the adjacent developments. Where the Engineer
permits the disposal of muck or other unsuitable material inside the right-of-way limits, do not
place such material in a manner which will impede the inflow or outfall of any channel or of
side ditches. The Engineer will determine the limits adjacent to channels within which such
materials may be disposed.
120-4.3 Disposal of Paving Materials: Unless otherwise noted, take ownership of
paving materials, such as paving brick, asphalt block, concrete slab, sidewalk, curb and
gutter, etc., excavated in the removal of existing pavements, and dispose of them outside the
right-of-way. If the materials are to remain the property of the Agency, place them in neat piles
as directed. Existing limerock base that is removed may be incorporated in the stabilized
portion of the subgrade. If the construction sequence will allow, incorporate all existing
limerock base into the project as allowed by the Contract Documents.
120-4.4 Disposal Areas: Where the Contract Documents require disposal of
excavated materials outside the right-of-way, and the disposal area is not indicated in the
Contract Documents, furnish the disposal area without additional compensation.
Provide areas for disposal of removed paving materials out of sight of the
project and at least 300 feet from the nearest roadway right-of-way line of any road. If the
materials are buried, disregard the 300 foot limitation.
120-5 Materials for Embankment.
120-5.1 General Requirements for Embankment Materials: Construct embankments
using suitable materials excavated from the roadway or delivered to the jobsite from
authorized borrow pits.
Construct the embankment using maximum particle sizes(in any dimension) as
follows:
In top 12 inches: 3 1/2 inches (in any dimension).
12 to 24 inches: 6 inches (in any dimension).
In the depth below 24 inches: not to exceed 12 inches (in any dimension)
or the compacted thickness of the layer being placed, whichever is less.
Spread all material so that the larger particles are separated from each other to
minimize voids between them during compaction. Compact around these rocks in accordance
with 120-7.2.
When and where approved by the Engineer, larger rocks (not to exceed
18 inches in any dimension) may be placed outside the one to two slope and at least 4 feet or
more below the bottom of the base. Compact around these rocks to a firmness equal to that
of the supporting soil. Where constructing embankments adjacent to bridge end bents or
abutments, do not place rock larger than 3 1/2 inches in diameter within 3 feet of the location
of any end-bent piling.
120-5.2 Use of Materials Excavated From the Roadway and Appurtenances:
Assume responsibility for determining the suitability of excavated material for use on the
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project in accordance with the applicable Contract Documents. Consider the sequence of
work and maintenance of traffic phasing in the determination of the availability of this material.
120-5.3 Authorization for Use of Borrow: Use borrow only when sufficient quantities
of suitable material are not available from roadway and drainage excavation, to properly
construct the embankment, subgrade, and shoulders, and to complete the backfilling of
structures and pipe. Do not use borrow material until so ordered by the Engineer, and then
only use material from approved borrow pits.
120-5.3.1 Haul Routes for Borrow Pits: Provide and maintain, at no expense
to the Agency, all necessary roads for hauling the borrow material. Where borrow area haul
roads or trails are used by others, do not cause such roads or trails to deteriorate in condition.
Arrange for the use of all non-public haul routes crossing the property of
any railroad. Incur any expense for the use of such haul routes. Establish haul routes which
will direct construction vehicles away from developed areas when feasible, and keep noise
from hauling operations to a minimum. Advise the Engineer in writing of all proposed haul
routes.
120-5.3.2 Borrow Material for Shoulder Build-up: When so indicated in the
plans, furnish borrow material with a specific minimum bearing value, for building up of
existing shoulders. Blend materials as necessary to achieve this specified minimum bearing
value prior to placing the materials on the shoulders. Take samples of this borrow material at
the pit or blended stockpile.
120-5.4 Materials Used at Pipes, Culverts, etc.: Construct embankments over and
around pipes, culverts, and bridge foundations with selected materials.
120-6 Embankment Construction.
120-6.1 General: Construct embankments in sections of not less than 300 feet in
length or for the full length of the embankment.
120-6.2 Dry Fill Method:
120-6.2.1 General: Construct embankments to meet compaction requirements
in Article 120-7 and in accordance with the acceptance program requirements in 120-9.
Restrict the compacted thickness of the last embankment lift to 6 inches maximum.
As far as practicable, distribute traffic over the work during the
construction of embankments so as to cover the maximum area of the surface of each layer.
Construct embankment in the dry whenever normal dewatering
equipment and methods can accomplish the needed dewatering.
120-6.2.1.1 For A-3 and A-2-4 Materials with up to 15% fines:
Construct the embankment in successive layers with lifts up to a maximum compacted
thickness of 12 inches. Ensure the percentage of fines passing the No. 200 US Standard
sieve in the A-2-4 material does not exceed 15%.
120-6.2.1.2 For A-1 Plastic materials (As designated in FDOT Design
Standard Index 505) and A-2-4 Materials with greater than 15% fines: Construct the
embankment in successive layers with lifts up to a maximum compacted thickness of
6 inches.
120-6.2.1.3 Equipment and Methods: Provide normal dewatering
equipment including, but not limited to, surface pumps, sump pumps and trenching/digging
machinery. Provide normal dewatering methods including, but not limited to, constructing
shallow surface drainage trenches/ditches, using sand blankets, sumps and siphons.
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When normal dewatering does not adequately remove the water, the Engineer may require
the embankment material to be placed in the water or in low swampy ground in accordance
with 120-7.2.4.
120-6.2.2 Placing in Unstable Areas: Where depositing the material in water,
or in low swampy ground that will not support the weight of hauling equipment, construct the
embankment by dumping successive loads in a uniformly distributed layer of a thickness not
greater than necessary to support the hauling equipment while placing subsequent layers.
Once sufficient material has been placed so that the hauling equipment can be supported,
construct the remaining portion of the embankment in layers in accordance with the applicable
provisions of 120-7.2.4 and 120-7.2.6.
120-6.2.3 Placing on Steep Slopes: When constructing an embankment on a
hillside sloping more than 20 degrees from the horizontal, before starting the fill, deeply plow
or cut into steps the surface of the original ground on which the embankment is to be placed.
120-6.2.4 Placing Outside Standard Minimum Slope: Where material that is
unsuitable for normal embankment construction is to be used in the embankment outside the
standard minimum slope (approximately one to two), place such material in layers of not more
than 18 inches in thickness, measured loose. The Contractor may also place material which is
suitable for normal embankment, outside such standard minimum slope, in 18 inch layers.
Maintain a constant thickness for suitable material placed within and outside the standard
minimum slope, unless placing in a separate operation.
120-6.3 Hydraulic Method:
120-6.3.1 Method of Placing: When the hydraulic method is used, as far as
practicable, place all dredged material in its final position in the embankment by such method.
Place and compact any dredged material that is rehandled, or moved and placed in its final
position by any other method, as specified in 120-7.2. The Contractor may use baffles or any
form of construction he may select, provided the slopes of the embankments are not steeper
than indicated in the plans. Remove all timber used for temporary bulkheads or baffles from
the embankment, and fill and thoroughly compact the holes thus formed. When placing fill on
submerged land, construct dikes prior to beginning of dredging, and maintain the dikes
throughout the dredging operation.
120-6.3.2 Excess Material: Do not use excess material placed outside the
prescribed slopes, below the normal high-water level, to raise the fill. Remove only the portion
of this material required for dressing the slopes.
120-6.3.3 Protection of Openings in Embankment: Leave openings in the
embankments at the bridge sites. Remove any material which invades these openings or
existing channels without additional compensation to provide the same depth of channel as
existed before the construction of the embankment. Do not excavate or dredge any material
within 200 feet of the toe of the proposed embankment.
120-7 Compaction Requirements.
120-7.1 Moisture Content: Compact the materials at a moisture content such that the
specified density can be attained. If necessary to attain the specified density, add water to the
material, or lower the moisture content by manipulating the material or allowing it to dry, as is
appropriate.
120-7.2 Compaction of Embankments:
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120-7.2.1 Earthwork Category 1 and 2 Density Requirements: Reduce the
minimum required density from 100% to 95% of AASHTO T99 Method C for all earthwork
items requiring densities.
120-7.2.2 Earthwork Category 3 Density Requirements: Except for
embankments constructed by the hydraulic method as specified in 120-6.3, and for the
material placed outside the standard minimum slope as specified in 120-6.2.4, and for other
areas specifically excluded herein, compact each layer of the material used in the formation of
embankments to a density of at least 100% of the maximum density as required by AASHTO
T 99, Method C. Uniformly compact each layer using equipment that will achieve the required
density, and as compaction operations progress, shape and manipulate each layer as
necessary to ensure uniform density throughout the embankment.
120-7.2.3 Compaction Over Unstable Foundations: Where the embankment
material is deposited in water or on low swampy ground, and in a layer thicker than 12 inches
(as provided in 120-6.2.2), compact the top 6 inches (compacted thickness) of such layer to
the density as specified in 120-9.5.
120-7.2.4 Compaction Where Plastic Material Has Been Removed: Where
unsuitable material is removed and the remaining surface is of the A-4, A-5, A-6, or A-7 Soil
Groups, as determined by the Engineer, compact the surface of the excavated area by rolling
with a sheepsfoot roller exerting a compression of at least 250 psi on the tamper feet, for the
full width of the roadbed (subgrade and shoulders). Perform rolling before beginning any
backfill, and continue until the roller feet do not penetrate the surface more than 1 inch. Do
not perform such rolling where the remaining surface is below the normal water table and
covered with water. Vary the procedure and equipment required for this operation at the
discretion of the Engineer.
120-7.2.5 Compaction of Material To Be Used In Base, Pavement, or
Stabilized Areas: Do not compact embankment material which will be incorporated into a
pavement, base course, or stabilized subgrade, to be constructed as a part of the same
Contract.
120-7.2.6 Compaction of Grassed Shoulder Areas: For the upper 6 inch layer
of all shoulders which are to be grassed, since no specific density is required, compact only to
the extent directed.
120-7.2.7 Compaction of Grassed Embankment Areas: For the outer layer of
all embankments where plant growth will be established, do not compact. Leave this layer in a
loose condition to a minimum depth of 6 inches for the subsequent seeding or planting
operations.
120-7.3 Compaction of Subgrade: If the plans do not provide for stabilizing, compact
the subgrade in both cuts and fills to the density specified in 120-9.5. For undisturbed soils, do
not apply density requirements where constructing narrow widening strips or paved shoulders
5 feet or less in width.
Where trenches for widening strips are not of sufficient width to permit the use
of standard compaction equipment, perform compaction using vibratory rollers, trench rollers,
or other type compaction equipment approved by the Engineer.
Maintain the required density until the base or pavement is placed on the
subgrade.
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120-8 Backfilling Around Structures and Pipe.
120-8.1 Requirements for all Structures:
120-8-1.1 General: Backfill around structures and pipe in the Dry whenever
normal dewatering equipment and methods can accomplish the needed dewatering.
129-8.1.2 Equipment and Methods: Provide normal dewatering equipment
including, but not limited to, surface pumps, sump pumps, wellpoints and header pipe and
trenching/digging machinery. Provide normal dewatering methods including, but not limited to,
constructing shallow surface drainage trenches/ditches, using sand blankets, perforated pipe
drains, sumps and siphons.
120-8.1.3 Backfill Materials: Backfill to the original ground surface or subgrade
surface of openings made for structures, with a sufficient allowance for settlement. The
Engineer may require that the material used for this backfill be obtained from a source entirely
apart from the structure.
Do not allow heavy construction equipment to cross over culvert or storm
sewer pipes until placing and compacting backfill material to the finished earthwork grade or
to an elevation at least 4 feet above the crown of the pipe.
120-8.1.4 Use of A-7 Material: In the backfilling of trenches, A-7 material may
be used from a point 12 inches above the top of the pipe up to the elevation shown on the
FDOT Design Standards as the elevation for undercutting of A-7 material.
120-8.1.5 Time of Placing Backfill: Do not place backfill against any masonry
or concrete abutment, wingwall, or culvert until the Engineer has given permission to do so,
and in no case until the masonry or concrete has been in place seven days or until the
specified 28-day compressive strength occurs.
120-8.1.6 Placement and Compaction: Place the material in horizontal layers
not exceeding 6 inches compacted thickness, in depth above water level, behind abutments,
wingwalls and end bents or end rest piers, and around box culverts and all structures
including pipe culverts. When the backfill material is deposited in water, compact per 120-
8.2.5 and 120-8.3.4. The Contractor may elect to place material in thicker lifts of no more
than 12 inches compacted thickness outside the soil envelope if he can demonstrate with a
successful test section that density can be achieved. Notify the Engineer prior to beginning
construction of a test section. Construct a test section of 500 feet in length. Perform five tests
at random locations within the test section. All five tests must meet the density required by
120-7.2. Identify the test section with the compaction effort and soil classification in the
Agency Logbook. In case of a change in compaction effort or soil classification, construct a
new test section. When a test fails the requirements of 120-7.2, construct a new test section.
The Contractor may elect to place material in 6 inches compacted thickness at any time.
120-8.2 Additional Requirements for Structures Other than Pipe:
120-8.2.1 Density: Where the backfill material is deposited in water, obtain a
12 inch layer of comparatively dry material, thoroughly compacted by tamping, before
verifying the layer and density requirements. Meet the requirements of the density Acceptance
Criteria.
120-8.2.2 Box Culverts: For box culverts over which pavement is to be
constructed, compact around the structure to an elevation not less than 12 inches above the
top of the structure, using rapid-striking mechanical tampers.
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120-8.2.3 Other Limited Areas: Compact in other limited areas using
mechanical tampers or approved hand tampers, until the cover over the structure is at least
12 inches thick. When hand tampers are used, deposit the materials in layers not more than
4 inches thick using hand tampers suitable for this purpose with a face area of not more than
100 in2. Take special precautions to prevent any wedging action against the masonry, and
step or terrace the slope bounding the excavation for abutments and wingwalls if required by
the Engineer.
120-8.2.4 Culverts and Piers: Backfill around culverts and piers on both sides
simultaneously to approximately the same elevation.
120-8.2.5 Compaction Under Wet Conditions: Where wet conditions do not
permit the use of mechanical tampers, compact using hand tampers. Use only A-3 material
for the hand tamped portions of the backfill. When the backfill has reached an elevation and
condition such as to make the use of the mechanical tampers practical, perform mechanical
tamping in such manner and to such extent as to transfer the compaction force into the
sections previously tamped by hand.
120-8.3 Additional Requirements for Pipe 15 Inches Inside Diameter or Greater:
120-8.3.1 General: Trenches for pipe may have up to four zones that must be
backfilled.
Lowest Zone: The lowest zone is backfilled for deep undercuts up to
within 4 inches of the bottom of the pipe.
Bedding Zone: The zone above the Lowest Zone is the Bedding Zone.
Usually it will be the backfill which is the 4 inches of soil below the bottom of the pipe. When
rock or other hard material has been removed to place the pipe, the Bedding Zone will be the
12 inches of soil below the bottom of the pipe.
Cover Zone: The next zone is backfill that is placed after the pipe has
been laid and will be called the Cover Zone. This zone extends to 12 inches above the top of
the pipe. The Cover Zone and the Bedding Zone are considered the Soil Envelope for the
pipe.
Top Zone: The Top Zone extends from 12 inches above the top of the
pipe to the base or final grade.
120-8.3.2 Material:
120-8.3.2.1 Lowest Zone: Backfill areas undercut below the Bedding
Zone of a pipe with coarse sand, or other suitable granular material, obtained from the
grading operations on the project, or a commercial material if no suitable material is available.
120-8.3.2.2 Soil Envelope: In both the Bedding Zone and the Cover
Zone of the pipe, backfill with materials classified as A-1, A-2, or A-3. Material classified as A-
4 may be used if the pipe is concrete pipe.
120-8.3.2.3 Top Zone: Backfill the area of the trench above the soil
envelope of the pipe with materials allowed on Design Standard, Index No. 505.
120-8.3.3 Compaction:
120-8.3.3.1 Lowest Zone: Compact the soil in the Lowest Zone to
approximately match the density of the soil in which the trench was cut.
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120-8.3.3.2 Bedding Zone: If the trench was not undercut below the
bottom of the pipe, loosen the soil in the bottom of the trench immediately below the
approximate middle third of the outside diameter of the pipe.
If the trench was undercut, place the bedding material and leave it
in a loose condition below the middle third of the outside diameter of the pipe. Compact the
outer portions to meet the density requirements of the Acceptance Criteria. Place the material
in lifts no greater than 6 inches (compacted thickness).
120-8.3.3.3 Cover Zone: Place the material in 6 inches layers
(compacted thickness), evenly deposited on both sides of the pipe, and compact with
mechanical tampers suitable for this purpose. Hand tamp material below the pipe haunch that
cannot be reached by mechanical tampers. Meet the requirements of the density Acceptance
Criteria.
120-8.3.3.4 Top Zone: Place the material in layers not to exceed
12 inches in compacted thickness. Meet the requirements of the density Acceptance Criteria.
120-8.3.4 Backfill Under Wet Conditions: Where wet conditions are such that
dewatering by normal pumping methods would not be effective, the procedure outlined below
may be used when specifically authorized by the Engineer in writing.
Granular material may be used below the elevation at which mechanical
tampers would be effective, but only material classified as A-3. Place and compact the
material using timbers or hand tampers until the backfill reaches an elevation such that it's
moisture content will permit the use of mechanical tampers. When the backfill has reached
such elevation, use normally acceptable backfill material. Compact the material using
mechanical tampers in such manner and to such extent as to transfer the compacting force
into the material previously tamped by hand.
120-9 Acceptance Program.
120-9.1 Density over 105%: When a computed dry density results in a value greater
than 105% of the applicable Proctor maximum dry density, perform a second density test
within 5 feet. If the second density results in a value greater than 105%, investigate the
compaction methods, examine the applicable Maximum Density and material description. If
necessary, test an additional sample for acceptance in accordance with AASHTO T 99,
Method C.
120-9.2 Maximum Density Determination: Determine the maximum density and
optimum moisture content by sampling and testing the material in accordance with the
specified test method listed in 120-9.3.
120-9.3 Density Testing Requirements: Ensure compliance with the requirements of
120-9.5 by Nuclear Density testing in accordance with FDOT Florida Method FM 1-T 238.
Determine the in-place moisture content for each density test. Use Florida Method
FM 1-T 238, FM 5-507 (Determination of Moisture Content by Means of a Calcium Carbide
Gas Pressure Moisture Tester), or ASTM D 4643 (Laboratory Determination of Moisture
Content of Granular Soils By Use of a Microwave Oven) for moisture determination.
120-9.4 Soil Classification: Perform soil classification tests in accordance with
AASHTO T-88. Classify soils in accordance with AASHTO M-145 in order to determine
compliance with embankment utilization requirements.
120-9.5 Acceptance Criteria: Obtain a minimum density in accordance with 120-7.2
with the following exceptions:
�Y
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1) embankment constructed by the hydraulic method as specified in 120-6.3;
2) material placed outside the standard minimum slope as specified in
120-6.2.4;
3) other areas specifically excluded herein.
120-9.6 Frequency: Conduct sampling and testing at a minimum frequency listed in
the table below.
Test Name Frequency
Maximum Density One per soil type
Density 1 per 500' RDWY Alt Lift
Soil Classification One per Maximum Density
120-10 Maintenance and Protection of Work.
While construction is in progress, maintain adequate drainage for the roadbed at all
times. Maintain a shoulder at least 3 feet wide adjacent to all pavement or base construction
in order to provide support for the edges.
Maintain and protect all earthwork construction throughout the life of the Contract, and
take all reasonable precautions to prevent loss of material from the roadway due to the action
of wind or water. Repair any slides, washouts, settlement, subsidence, or other mishap which
may occur prior to final acceptance of the work. Maintain all channels excavated as a part of
the Contract work against natural shoaling or other encroachments to the lines, grades, and
cross-sections shown in the plans, until final acceptance of the project.
120-11 Construction.
120-11.1 Construction Tolerances: Shape the surface of the earthwork to conform to
the lines, grades, and cross-sections shown in the plans. In final shaping of the surface of
earthwork, maintain a tolerance of 0.3 foot above or below the plan cross-section with the
following exceptions:
1. Shape the surface of shoulders to within 0.1 foot of the plan cross-section.
2. Shape the earthwork to match adjacent pavement, curb, sidewalk, structures,
etc.
3. Shape the bottom of ditches so that the ditch impounds no water.
4. When the work does not include construction of base or pavement, shape the
entire roadbed (shoulder point to shoulder point) to within 0.1 foot above or below the plan
cross-section.
Ensure that the shoulder lines do not vary horizontally more than 0.3 foot from
the true lines shown in the plans.
120-11.2 Operations Adjacent to Pavement: Carefully dress areas adjacent to
pavement areas to avoid damage to such pavement. Complete grassing of shoulder areas
prior to placing the final wearing course. Do not manipulate any embankment material on a
pavement surface.
When shoulder dressing is underway adjacent to a pavement lane being used to
maintain traffic, exercise extreme care to avoid interference with the safe movement of traffic.
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120-12 Method of Measurement.
120-12.1 Excavation: Excavation will be paid for by volume, in cubic yards, calculated
by the method of average end areas, unless the Engineer determines that another method of
calculation will provide a more accurate result. The material will be measured in its original
position by field survey or by photogrammetric means as designated by the Engineer.
Measurement for payment will include the excavation of unsuitable material, lateral ditch
excavation, channel excavation, and excavation for structures and pipe. Payment will not be
made for excavation or embankment beyond the limits shown in the plans or authorized by
the Engineer.
120-12.2 Embankment: Measurement will be made on a loose volume basis, as
measured in trucks or other hauling equipment at the point of dumping on the road. Payment
will not be made for embankment beyond the limits shown in the plans or authorized by the
Engineer.
120-13 Basis of Payment.
120-13.1 General: Prices and payments for the work items included in this Section will
be full compensation for all work described herein, including excavating, dredging, hauling,
placing, and compacting; dressing the surface of the earthwork; and maintaining and
protecting the complete earthwork.
120-13.2 Excavation: The total quantity of all excavation specified under this Section
will be paid for at the Contract unit price for Excavation. No payment will be made for the
excavation of any materials which are used for purposes other than those shown in the plans
or designated by the Engineer. No payment will be made for materials excavated outside the
lines and grades given by the Engineer, unless specifically authorized by the Engineer.
120-13.3 Embankment: The total quantity of embankment specified in this Section will
be paid for at the Contract unit price for embankment. No payment will be made for materials
which are used for purposes other than those shown in the plans or designated by the
Engineer. No payment will be made for materials placed outside the lines and grades given by
the Engineer.
Item of Payment
Payment for the work specified in this item shall be made under:
Bid Item No. 120-1 — Regular Excavation — Per Cubic Yard
Bid Item No. 120-6 — Embankment (Compacted in Place) — Per Cubic Yard
SECTION 286 — TURNOUT CONSTRUCTION
The work specified in this item shall conform to Section 286 of the Florida
Department of Transportation Standard Specifications for Road and Bridge
Construction (2013).
Item of Payment
Payment shall be made under:
Bid Item No. 286-1— Turnouts and Drives (6" Thick Conc.) — Per Square Yard
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SECTION 344
LOCAL AGENCY PROGRAM CONCRETE
344-1 Description.
344-1 General: Construct Local Agency Program (LAP) Concrete based on the type of
work as described in the Contract and the Concrete Work Categories as defined below.
344-1.2 Work Categories: Construction of LAP concrete elements will fall into one of
the following Concrete Work Categories:
344-1.2.1 Concrete Work Category 1: Includes the construction of sidewalks,
curb and gutter, ditch and slope pavement, or other non-reinforced cast-in- place or precast
elements.
344-1.2.2 Concrete Work Category 2: Includes the construction of precast
concrete including concrete barriers, traffic railing barriers, parapets, sound barriers, inlets,
manholes, junction boxes, pipe culverts, storm sewers, box culverts, prestressed concrete
poles, concrete bases for light poles, highway sign foundations, retaining wall systems, traffic
separators or other structural precast elements.
344-1.2.3 Concrete Work Category 3: Includes the work associated with the
placement and/or construction of structural cast-in-place concrete requiring a class of
concrete specified in FDOT Section 346.
344-2 Materials.
344-2.1 General: Use concrete composed of a mixture of Portland cement,
aggregates, and water, with or without chemical or mineral admixtures that meet the following
requirements:
344-2.1.1 Portland Cement: Cement shall conform to the requirements of the
AASHTO or ASTM designations. Different brands of cement, cement of the same brand from
different facilities or different types of cement shall be stored separately and shall not be
mixed. Portland cements meeting the requirements of AASHTO M-85 or ASTM C-150 are
allowed for LAP concrete.
344-2.1.2 Coarse and Fine Aggregates: Aggregates shall meet current FDOT
requirements except that source approval by the FDOT is not required.
344-2.1.3 Water: Water shall meet current FDOT requirements.
344-2.1.4 Chemical Admixtures: Chemical admixtures shall meet current
FDOT requirements. Admixtures may be added at the dosage rates recommended by the
manufacturer.
344-2.1.5 Pozzolans and Slag: Pozzolans and Slag shall meet the current
FDOT requirements.
344-2.2 Material Storage: Use a concrete production facility that meets the following
requirements.
344-2.2.1 Cementitious Materials Storage: Provide a separate and clearly
labeled weatherproof facility to store each brand or type of cementitious material without
mixing or contamination. Provide a suitable, safe and convenient means of collecting
cementitious material samples at each storage facility.
344-2.2.2 Aggregate Storage: Provide suitable bins, stockpiles or silos to store
and identify aggregates without mixing, segregating or contaminating different grades or types
of materials. Identify aggregate type/gradation. Handle the aggregates in a manner to
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minimize segregation and meet the specification requirements when recovered from storage.
Continuously and uniformly sprinkle coarse aggregate with water, for 24 hours preceding
introduction into the concrete mix. Timers may be used to facilitate the sprinkling of aggregate
stockpiles using an alternating on/off method. However, in no event shall the top surface of
the stockpile be permitted to become dry prior to batching of concrete. Moisture probes may
be used to determine the moisture content of the aggregate. Ensure that the accuracy of the
probe is certified annually and verified weekly. Maintain stored aggregates in a well-drained
condition to minimize free water content. Provide access for the Engineer to sample the
aggregates from the recovery side of the storage facility.
344-3 Production, Mixing and Delivery of Concrete.
344-3.1 Concrete Production Requirements: Use concrete production facilities
certified by the National Ready-Mixed Concrete Association (NRMCA), approved by the
FDOT.
Produce concrete utilizing equipment that is in good operating condition and
operated in a manner to ensure a consistent product. When moisture probes are not used,
ensure that the concrete production facility determines the free moisture for the coarse and
fine aggregates within two hours prior to each day's batching. On concrete placements
expected to exceed three hours, perform an additional moisture test approximately half way
through the batching operations and adjust batch proportions accordingly.
Ensure that the calibration of the measuring devices of the concrete production
facilities meets the requirements of Chapter 531 of the Florida Statutes, and are in
accordance with Chapter 9.2 of the FDOT Materials Manual. At least quarterly, ensure that all
scales, meters and other weighing or measuring devices are checked for accuracy by a
qualified representative of a scale company registered with the Bureau of Weights and
Measures of the Florida Department of Agriculture. As an alternative, the producer may have
this frequency identified in an FDOT approved QC plan. The accuracy of admixture
measuring dispensers will be certified annually by the admixture supplier.
When Volumetric Mixers are used for Category I applications, deliver concrete in
accordance with the requirements of Volumetric Mixer Manufacturers Bureau (VMMB) and
ensure that the vehicle has a VMMB registered rating plate.
344-3.2 Classes of Concrete: Classes of concrete to be used on the project will be
defined in the Contract Documents.
344-3.3 Contractors Quality Control: The Contractor will supply a Quality Control
(QC) plan to identity to the Agency how quality will be ensured at the project site. During
random inspections the Agency will use this document to verify that the construction of the
project is in agreement with his QC plan.
344-3.4 Concrete Mix Design: Before producing any concrete, submit the proposed
mix design to the Engineer on a form provided by the Agency. Otherwise, the agency will
accept mix designs previously described in an FDOT approved QC plan. In any event, use
only concrete mix designs having prior approval of the Engineer.
Materials may be adjusted provided that the theoretical yield requirement of the
approved mix design is met. Show all required original approved design mix data and batch
adjustments and substituted material on an Agency approved concrete delivery ticket. The
Engineer may disqualify any concrete production facility for non-compliance with specification
requirements.
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344-3.5 Delivery: For cast-in-place applications, the maximum allowable mixing and
agitation time of concrete is 90 minutes.
Furnish a delivery ticket on a form approved by the Agency with each batch of
concrete before unloading at the placement site. The delivery ticket shall be printed. Record
material quantities incorporated into the mix on the delivery ticket. Ensure that the Batcher
responsible for producing the concrete certifies that the batch was produced in accordance
with these Specifications and signs the delivery ticket. The Contractor shall sign the delivery
ticket certifying that the concrete was batched, delivered and placed in accordance with these
Specifications.
The Contractor shall be responsible for rejecting loads of concrete that do not
meet the plastic properties of the approve mix design or the minimum compressive strength
requirements.
At the sole option of the Agency, the Engineer may accept concrete at a
reduced pay when it is determined that the concrete will serve its intended function.
344-3.6 Placing Concrete:
344-3.6.1 Concreting in Cold Weather: Do not place concrete when the
temperature of the concrete at placement is below 45°F.
Meet the air temperature requirements for mixing and placing concrete in
cold weather as specified in Section 346. During the curing period, if NOAA predicts the
ambient temperature to fall below 35°F for 12 hours or more or to fall below 30°F for more
than 4 hours, enclose the structure in such a way that the concrete and air within the
enclosure can be kept above 60°F for a period of 3 days after placing the concrete or until the
concrete reaches a minimum compressive strength of 1,500 psi.
Assume all risks connected with the placing and curing of concrete.
Although the Engineer may give permission to place concrete, the Contractor is responsible
for satisfactory results. If the placed concrete is determined to be unsatisfactory, remove,
dispose of, and replace the concrete at no expense to the Agency.
344-3.6.2 Concreting in Hot Weather: Meet the temperature requirements and
special measures for mixing and placing concrete in hot weather as specified in Section 346.
When the temperature of the concrete as placed exceeds 75°F,
incorporate in the concrete mix a water-reducing retarder or water reducer if allowed by
Section 346.
Spray reinforcing steel and metal forms with cool fresh water just prior to
placing the concrete in a method approved by the Engineer.
Assume all risks connected with the placing and curing of concrete.
Although the Engineer may give permission to place concrete, the Contractor is responsible
for satisfactory results. If the placed concrete is determined to be unsatisfactory, remove,
dispose of, and replace the concrete at no expense to the Agency.
344-3.7 Mixers: Ensure that mixers are capable of combining the components of
concrete into thoroughly mixed and uniform mass, free from balls or lumps of cementitious
materials, and capable of discharging the concrete uniformly. Operate concrete mixers at
speeds per the manufacturer's design. Do not exceed the manufacturer's rated capacity for
the volume of mixed concrete in the mixer, mixing drum, or container.
344-3.8 Small Quantities of Concrete: With approval of the Engineer, small quantities
of concrete, less than 3 yd 3 placed in one day and less than 0.5 yd placed in a single
placement may be accepted using a pre-bagged mixture. The Agency may verify that the pre-
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bagged mixture is prepared in accordance with the manufacturer's recommendations and will
meet the requirements of this Specification.
344-3.9 Sampling and Testing:
344-3.9.1 Category 1: The Engineer may sample and test the concrete at his
discretion to verify its quality. The minimum 28 day compressive strength requirement for this
concrete is 2,500 psi.
344-3.9.2: Category 2: Provide a statement of certification from the
manufacturer of the precast element that the element meets the quality control and inspection
testing requirements of the Contract Documents.
344-3.9.3 Category 3: The Agency will randomly select a sample from each 200
yd 3 or one day's production to determine plastic properties and to make three 4 x 8 inch
cylinders for testing by the Agency at 28 days to ensure that the design compressive strength
has been met. The Agency may, at its discretion, test additional concrete samples to ensure
compliance with the specifications.
344-3.10 Records: Maintain the following records for review for at least 3 years after
final acceptance of the project:
1. Approved concrete mix designs.
2. Materials source (delivery tickets, certifications, certified mill test reports).
3. A copy of the scale company or testing agency report showing the observed
deviations from quantities checked during calibration of the scales and meters.
4. A copy of the documentation certifying the admixture weighing/measuring
devices.
5. For Non Structural LAP concrete the Agency will accept recent NRMCA,
VMMB or FDOT inspection records certifying the plant or truck can produce concrete. In
addition, documentation will be available at the plant or in the truck showing that action has
been taken to correct deficiencies noted during the inspections.
344-4 Acceptance of the Work.
344-4.1 Category 1 Work: Category 1 work will be accepted based upon compliance
with Production, Mixing and Delivery Requirements specified in 344-3.
344-4.2 Category 2 Work: Precast elements will be accepted based upon certification
from the Contractor that the elements were produced by a production facility on the FDOT's
current approved plant list. In addition, the producers QC stamp will be displayed on the
element.
344-4.3 Category 3 Work: Category 3 work shall be in full compliance with this
Specification, and with current FDOT Specifications, Section 346 and associated Contractor
Quality Control (QC) specifications governing cast-in-place concrete. In addition, a Delivery
Ticket as described in 344-3.5 will be required for acceptance of the material at the project
site.
344-5 Method of Measurement.
The quantities to be paid for will be the items shown in the plans, completed and
accepted.
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344-6 Basis of Payment.
Prices and payments will be full compensation for all work and materials specified in
this Section.
SECTION 350 — CEMENT CONCRETE PAVEMENT
The work specified in this item shall conform to Section 350 of the Florida
Department of Transportation Standard Specifications for Road and Bridge
Construction (2013).
Payment shall be made under:
Bid Item No. 350-1-3 — Cement Concrete Pavement (8" Thick) — Per Square Yard
SECTION 425 — INLETS, MANHOLES AND JUNCTION BOXES
The work specified in this item shall conform to Section 425 of the Florida
Department of Transportation Standard Specifications for Road and Bridge
Construction (2013).
Item of Payment
Payment shall be made under:
Bid Item No. 425-6 — Valve Box Adjustment — Per Each
SECTION 522 — CONCRETE SIDEWALK
The work specified in this item shall conform to Section 522 of the Florida
Department of Transportation Standard Specifications for Road and Bridge
Construction (2013).
Item of Payment
Payment for the work specified in this item shall be made under:
Bid Item No. 522-2 — Concrete Sidewalk (6" Thick) — Per Square Yard
SECTION 527 — DETECTABLE WARNINGS ON WALKING SURFACES
The work specified in this item shall conform to Section 527 of the Florida
Department of Transportation Standard Specifications for Road and Bridge
Construction (2013).
Item of Payment
Payment for the work specified in this item shall be made under:
Bid Item No. 527-1— Detectable Warning on Existing Sidewalk — Per Each
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SECTION - 570 — PERFORMANCE TURF
The work specified in this item shall conform to Section 570 of the Florida Department of
Transportation Standard Specifications for Road and Bridge Construction (2013).
A. Description: Sod for the project shall be of the variety that is common to the area and
of a variety approved by the Engineer. This work shall also include mowing, to be
mowed at maximum 6" height with a mulching mower.
B. Work Included: Scope of Work: The work specified in this section consists of the
establishing of a stand of grass, within the project, right-of-way, easements, and other
areas indicated on the Drawings, by furnishing and placing grass sod. Also included
are fertilizing, watering and maintenance as required to assure a healthy stand of
grass. Two applications of fertilizer will be required with the initial application being
fertilizer and the second application being "weed and feed".
C. Guarantee: All sodded areas shall be guaranteed for one year after date of final
acceptance.
Replacement of Defective Sod: Any dead sod or sod showing (less than 95% of a
square) indication of probable non survival or lack of health and vigor, or which do not
exhibit the characteristics to meet specifications, shall be replaced within two weeks of
notice from Owner or Engineer. All replacement sod shall be furnished/installed at no
additional cost to the Owner and shall be guaranteed for three months.All replacement
shall meet original specifications.
The Contractor shall notify the Owner and Engineer ten days prior to the end of the
guarantee period and such guarantee shall be extended until notification is received.
At the end of the guarantee period, all sod that is dead or in unsatisfactory growth shall
be replaced within two weeks.
D. Fertilizer: Commercial fertilizers shall comply with the Indian River County Fertilizer
Ordinance 2013-012 and Supplement Ordinance 2013-014 (see Appendix B).
E. Water for Grassing: Contractor shall provide the water used in the sodding
operations as necessary to meet the requirements of Article 570-3.6.
F. Preparation of Ground: The area over which the sod is to be placed shall be
scarified or loosened to a depth and then raked smooth and free from debris. Where
the soil is sufficiently loose and clean, the Owner, at his discretion, may authorize the
elimination of ground preparation.
G. Application of Fertilizer: Before applying fertilizer, the soil pH shall be brought to a
range of 6.0 - 7.0.
Contractor shall apply two (2) applications. The initial shall be fertilizer and the second
application shall be "weed and feed".
The fertilizer shall be spread uniformly over the sodded area at the rate of 436 pounds
per acre, or 10 pounds per 1,000 square feet, by a spreading device capable of
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uniformly distributing the material at the specified rate.
Contractor shall apply applications as per manufacturer's specification. All tickets from
bags shall be handed over to the County Inspector.
On steep slopes, where the use of a machine for spreading or mixing is not
practicable, the fertilizer shall be spread by hand and raked in and thoroughly mixed
with the soil to a depth of approximately 2 inches.
H. Placing Sod: The sod shall be placed on the prepared surface, with edges in close
contact and shall be firmly and smoothly embedded by light tamping with appropriate
tools.
Where sodding is used in drainage ditches, the setting of the pieces shall be staggered
so as to avoid a continuous seam along the line of flow. Along the edges of such
staggered areas, the offsets of individual strips shall not exceed 6 inches. In order to
prevent erosion caused by vertical edges at the outer limits, the outer pieces of sod
shall be tamped so as to produce a featheredge effect.
Where sodding is placed abutting paved shoulder, the contractor is to ensure that the
finished sod elevation is 1'/2" below paved shoulder.
On slopes greater than 3:1, the Contractor shall prevent the sod from sliding by means
of wooden pegs driven through the sod blocks into firm earth, at suitable intervals.
Sodding shall not be performed when weather and soil conditions are, in the
Engineer's opinion, unsuitable for proper results.
Sod shall be placed around all structures, equipment pads, etc.
I. Watering: The areas on which the sod is to be placed shall contain sufficient moisture,
as determined by the Engineer, for optimum results. After being placed, the sod shall
be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks.
Thereafter, the Contractor shall apply water as needed until the sod roots and starts to
grow for a minimum of 60 days (or until final acceptance, whichever is latest).
J. Maintenance: The Contractor shall, at his expense, maintain the sodded areas in a
satisfactory condition until final acceptance of the project. Such maintenance shall
include repairing of any damaged areas and replacing areas in which the establishment
of the grass stand does not appear to be developing satisfactorily.
Replanting or repair necessary due to the Contractor's negligence, carelessness or
failure to provide routine maintenance shall be at the Contractor's expense.
The Contractor shall maintain the sodded area up to the final acceptance date as
directed by the Engineer. Grass height shall not exceed 6"without mowing. Clippings
shall be removed from sidewalk.
K. Article 570-9. The first two paragraphs under this Article are deleted and the
following is added:
The contract unit price for performance turf shall include the costs of sod, fertilizer (2
applications), sidewalk sweeping after mowing, mowing, pegging disposal of clippings,
water, tools, equipment, labor and all other incidentals necessary.
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Item of Payment
Payment shall be made under:
Bid Item No. 570-1-2 — Performance Turf - Per Square Yard
SECTION - 00700 HIGHWAY SIGNING
A. Highway signing for traffic control shall conform to the requirements of the
Standard Specifications (2013), Manual on Uniform Traffic Control Devices,
Supplemental Specifications, Roadway and Traffic Design Standards, manufacturer's
specifications.
B. Traffic Signs: All existing signs which are the property of the Owner shall be
transported to the Indian River County Road and Bridge Maintenance Yard by the
Contractor during construction if they are within the construction limits. Care shall be
exercised by the Contractor during removal, storage and relocation so as not to
damage the signs. If any damage occurs, as determined by the Owner's Engineer or
Resident Construction Inspector, the sign shall be replaced by the Contractor with no
compensation.
Item of Payment
Payment shall be made under:
Bid Item No. 700-20-40 — Single Sign Post, Relocate — Per Assembly
SECTION - 00706 RAISED RETRO-REFLECTIVE PAVEMENT MARKERS
A. All reflective pavement markers shall be 4" x 4".
Item of Payment
Payment shall be made under:
Bid Item No. 706-3 — Retro-Reflective Pavement Marker (Amber/Amber) — Per
Each
SECTION - 00711 THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS
A. Pavement markings for traffic control shall conform to the requirements of the
Standard Specifications (2013), Manual on Uniform Traffic Control Devices,
Supplemental Specifications, Roadway and Traffic Design Standards, manufacturer's
specifications.
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Item of Payment
Payment shall be made under:
Bid Item No. 711-11-123 -Thermoplastic Pavement Markings, Standard, White, Solid,
12" — Per Linear Foot
Bid Item No. 711-11-125-Thermoplastic Pavement Markings, Standard, White, Solid,
24" — Per Linear Foot
Bid Item No. 711-11-221 -Thermoplastic Pavement Markings, Standard, Yellow, Solid,
6" — Per Linear Foot
Bid Item No. 711-17 — Thermoplastic, Remove — Per Square Foot
Bid Item No. 711-12-123 — Thermoplastic, Refurbishment, White, Solid, 12" — Per
Linear Foot
+ + END OF SECTION + +
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APPENDIX A
Nondiscrimination Agreement
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APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees
and successors in interest (hereinafter referred to as the "Contractor") agrees as
follows: i
(1.)Compliance with Regulations: The Contractor shall comply with the
Regulations relative to nondiscrimination in Federally-assisted programs of
the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code
of Federal Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as the Regulations), which are herein incorporated by
reference and made a part of this Agreement.
(2.)NondiscrimInation: The Contractor, with regard to the work performed
during the contract, shall not discriminate on the basis of race, color, national
origin, sex, age, disability, religion or family status in the selection and
retention of subcontractors, including procurements of materials and leases of
equipment. The Contractor shall not participate either directly or indirectly in
the discrimination prohibited by section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
(3-)Solicitations for Subcontractors, including Procurements of Materials
and Equipment: In all solicitations made by the Contractor, either by
competitive bidding or negotiation for work to be performed under a
subcontract, including procurements of materials or leases of equipment;
each potential subcontractor or supplier shall be notified by the Contractor of
the Contractor's obligations under this contract and the Regulations relative to
nondiscrimination on the basis of race, color, national origin, sex, age,
disability, religion or family status.
(4.)information and Reports: The Contractor shall provide all information and
reports required by the Regulations or directives issued pursuant thereto, and
shall permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the Florida Department
of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor
Carrier Safety Administration to be pertinent to ascertain compliance with
such Regulations, orders and instructions. Where any information required of
a Contractor is in the exclusive possession of another who fails or refuses to
furnish this information the Contractor shall so certify to the Florida
Department of Transportation, the Federal Highway Administration, Federal
Transit Administration, Federal Aviation Administration, and/or the Federal
Motor Carrier Safety Administration as appropriate, and shall set forth what
efforts it has made to obtain the information.
(5)Sanctions for Noncompliance: In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this contract, the
Florida Department of Transportation shall impose such contract sanctions as
it or the Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration may determine to be appropriate, including, but not limited to:
a. withholding of payments to the Contractor under the contract until the
Contractor complies, and/or
b. cancellation, termination or suspension of the contract, in whole or in part.
(6.)Incorporation of Provisions: The Contractor shall include the provisions of
paragraphs (1) through (6) in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Regulations, or
directives issued pursuant thereto. The Contractor shall take such action with
respect to any subcontract or procurement as the Florida Department of
Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor
Carrier Safety Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance. In the event a Contractor
becomes involved in, or is threatened with, litigation with a sub-contractor or
supplier as a result of such direction, the Contractor may request the Florida
Department of Transportation to enter into such litigation to protect the
interests of the Florida Department of Transportation, and, in addition, the
Contractor may request the United States to enter into such litigation to
protect the interests of the United States.
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APPENDIX B
Indian River County
Fertilizer ordinances
ORDINANCE NO.2013- �]2
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF
INDIAN RIVER COUNTY TO ESTABLISH A NEW CHAPTER 316,
ENTITLED "FERTILIZER AND LANDSCAPE MANAGEMENT;"
ADOPTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION'S MODEL ORDINANCE FOR FLORIDA-FRIENDLY
USE OF FERTILIZER ON URBAN LANDSCAPES, WITH
MODIFICATIONS; MAKING FINDINGS AND PROVIDING FOR
SEVERABILITY, CODIFICATION; DIRECTING COUNTY
ATTORNEY'S OFFICE TO POST SUMMARY ON COUNTY WEBSITE,
AND AN EFFECTIVE DATE.
WHEREAS,as a result of impairment to Indian River County's surface waters caused by
excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground
water within the aquifers or canals within the boundaries of Indian River County, the Board of
County Commissioners has determined that the use of fertilizers on lands within Indian River
County creates a risk of contributing to adverse effects on surface and/or ground water; and
WHEREAS, in order to address this risk, the Board of County Commissioners has
determined that it is not only critical to adopt the Florida Department of Environmental
Protection's Model Ordinance for Florida-Friendly Use of Fertilizer on Urban Landscapes, but
that as part of Indian River County's science-based, and economically and technically feasible,
comprehensive program to address nonpoint sources of nutrient pollution, additional and more
stringent standards are necessary in order to adequately address urban fertilizer contributions to
nonpoint source nutrient loading to the surface and/or ground water of Indian River County; and
WHEREAS, this ordinance regulates the proper use of fertilizers by any applicator;
requires proper training of Commercial Fertilizer Applicators and Institutional Fertilizer
Applicators; establishes training and licensing requirements;establishes a Prohibited Application
Period; and specifies allowable fertilizer application rates and methods,fertilizer-free zones,low
maintenance zones, and exemptions. The ordinance requires the use of Best Management
Practices which provide specific management guidelines to minimize negative secondary and
cumulative environmental effects associated with the misuse of fertilizers. These secondary and
cumulative effects have been observed in and on Indian River County's natural and constructed
stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies.
Collectively, these water bodies are an asset critical to the environmental, recreational, cultural
and economic well-being of Indian River County residents and the health of the public.
Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by
natural and constructed stormwater conveyances. Regulation of nutrients, including both
phosphorus and nitrogen contained in fertilizer,will help improve and maintain water and habitat
quality,
P:WcorngV.LdnKrFNFRAGUtulvsheu60rdr•+nm+ladlwmcw�MA'aedd Fsntasr•Ordfrwnve-1Dll(FLwyjgvS.+N 10)doa Page I of
ORDINANCE NO.2013- 012
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,THAT:
Section 1. Enactment Authority.
Article VIII, §1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home
rule powers in counties to enact ordinances,not inconsistent with general or special law, for the
purpose of promoting the public health, safety and welfare of the residents of the county. The
Board specifically determines that the enactment of this ordinance is consistent with general or
special law, and is necessary and appropriate to promote the health, safety and welfare of the
residents of Indian River County.
Section 2. Findings.
The Board finds that the above"Whereas" clauses are true and correct, and hereby incorporates
such clauses as findings of the Board.
Section 3. Adoption of Chanter 316 of the Code of Indian River County(the"Code").
Chapter 316 of the Code is hereby adopted, as follows(new language is indicated by underline :
Section 316.1. Title.
This chapter shall be known as the "Indian River County Fertilizer and Landscape Management
Ordinance."
Section 316.2. Definitions.
For the purposes of this chapter,the following terms shall have the following meanings:
"Administrator"shall mean the County Administrator,or an administrative official of the County
desi mated by the County Administrator to administer and enforce the provisions of this chapter.^
"Application" or"apply" shall mean the actual physical deposit of-fertilizer to turf or landscape
1plants-
"Applicator"
ants-
"Applicator" shall mean any Person who applies fertilizer on turf and/or landscape plants in
Indian River County.
"Board"shall mean the Indian River County Board of County Commissioners.
"Best Manafement Practices" shall mean turf and landscape -ractices or combination of
practices based on research, field-testing, and expert review, determined to be the most effective
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ORDINANCE NO.2013-
and practicable on-location means,including economic and technological considerations for
improving water quality,conserving water supplies and protecting natural resources.
"Chapter 85-427' shall mean The Indian River County Environmental Control Act Chapter 85-
427, Special Acts,Laws of Florida.
"Code Enforcement Offlcer shall mean any designated emplo ee or agent of Iridian River Countv
whose duty it is to enforce codes and ordinances enacted by Indian River County.
"Commercial Fertilizer.Applicator," except as provided in 482.1562(9) Florida Statutes shall
mean any person who allies fertilizer for payment or other consideration to property not owned
by the person or firm applying the fertilizer or the employer of the applicator.
"Code"shall mean The Code of Indian River County.
"Environmental Control Qf icer" shall mean the Indian River County Environmental Control
Officer appointed by the Board pursuant to Chapter 85-427 and Chapter 303 (Part 1) of this
Code, and his or her designees.
"Fertilize," "fertilizing," or "fertilization" shall mean the act of applying fertilizer to turf,
specialized turf,or landscape plants.
"Fertilizer" shall mean any substance or mixture of substances that contains one or more
recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or
provides other soil enrichment,or provides other corrective measures to the soil.
"Heavy rain"shall mean rainfall greater than two inches in a 24 hour period.
"Institutional Fertilizer Applicator"shall mean any person other than a private non-commercial
applicator or a Commercial Fertilizer Applicator (unless such definitions also apply under the
circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape_plants.
Institutional Fertilizer Applicators shall include,but shall not be limited to owners managers or
employees of public lands, schools, parks, religious institutions, utilities, industrial or business
sites and any residential properties maintained in condominium and/or common ownership,
"Landscape plant"shall mean anYnative or exotic tree shrub or groundcover(excluding turf)
"Low maintenance zone" shall mean an area a minimum of ten feet wide adjacent to water
courses which is planted and managed in order to minimize the need for fertilization watering,
mowing,etc.
"Person" shall mean any natural person, business, corporation, limited liability company,
partnership, limited partnership, association, club organization and/or any roup of people
acting as an organized entity.
a -M3 r�.oa.�,«oar Page 3 of 9
ORDINANCE NO.2013- 012
"Restricted Season"shall mein June I through September 30.
"Saturated soil" shall mean a soil in which the voids are filled with water. Saturation does not
require flow. For the purposes of this chapter, soils shall be considered saturated if standing
water is present or the pressure of a person standing on the soil causes the release of free water.
"Slow Release Nitrogen" shall mean nitrogen in a form which delays its availabilijy for plant
uptake and use after application, or which extends its availability to the plant longer than a
reference rapid or quick release product.
".Turf," "sod," or "lawn" shall mean a piece of grass-covered soil held together by the roots of
the grass.
"Urban landscape" shall mean pervious areas on residential,commercial,industrial, institutional,
highway rights-of-way, or other nonawricultural lands that are planted with turf or horticultural
plants. For the purposes of this section, agriculture has the same meaning as in §570.02, Florida
Statutes.
Section 316.3. Timing of fertilizer application.
No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or
landscape plants during the Restricted Season, to saturated soils, or during a period in which a
Flood Watch or Wareing, or a Tropical Storm Watch or Warning, or a Hurricane Watch or
Warning is in effect for any portion of Indian River Countv, issued by the National Weather
Service,or if heave rain is likelv.
Section 31.6.4. Fertilizer-free zones.
Fertilizer shall not be applied within ten feet of any pond, stream, watercourse, lake, canal, or
wetland as defined by the Florida Department of Environmental Protection (Chapter 62-340,
Florida Administrative Code)or from the top of a seawall. If more strip e�nt Indian River County
Code regulations apply this provision does not relieve the requirement to adhere to the more
stringent regulations. Newly planted turf and/or landscape plants may be fertilized in this zone
only for a 60-day I eriod beginning thirty days after planting if needed to allow the1p ants to
become well established. Caution shall be used to prevent nutrients from beingdirectly deposited
into the water.
Section 316.5. Low maintenance zones.
A voluntary ten foot low maintenance zone is strongly recommended but not mandated from
any pond, stream, water course, lake, wetland or from the top of a seawall. A swale/bemr system
is recommended for installation at the landward edge of this low maintenance zone to capture
and filter runoff. If more stringent Indian River County Code regulations apply, this provision
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ORDINANCE NO.2013- 012
does not relieve the requirement to adhere to the more stringent regulations.Notwithstanding the
voluntary nature of the above sentences, no mowed or cut vegetative material may be deposited
or left remaining,in this zone or deposited in the water. Care should be taken tq revent the over-
spray of aquatic Nveed products in this zone.
Section 316.6. Fertilizer content and application rates.
(a) No fertilizer containing phosphorous shall be applied to turf or landscape plants in Indian
River County unless a soil or plant tissue deficiency is verified by a University of Florida,
Institute of Food and Agriculture Sciences, approved testing methodology. In the case that a
deficiencv has been verified, the application of a fertilizer containing phosphorous shall be in
accordance with the rates and directions for the Central Region of.Florida as provided by Rule
5E-1.003(,2), Florida Administrative Code. Deficiency verification shall be no more than 2 years
old. However, recent application of compost,manure, or top soil shall warrant more recent
testing to verify current deficiencies.
(b) The nitrogen_content of fertilizer applied to turf or landscape plants within Indian River
County shall contain at least 50%slow release nitrogen per guaranteed analysis label.
(c) Fertilizers applied to an urban lawn or turf within Indian River County shall be applied in
accordance with requirements and directions set .forth on the label or tag for packaged fertilizer
products, or in the printed information accompanying the delivery of bulk fertilizer products, as
provided by Rule 5E-1.003(2), Florida Administrative Code, Labeling Requirements For Urban
TurLFertihzers. All packaged and bulk fertilizer products sold in Indian River County shall be
sold in packages with labels or tags, or, if sold in bulk, be accompanied by printed information
which complies with the requirements of Rule 5E-1.003(2), Florida Administrative Code.
(d) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a
site, and shall not be applied for the first 30 days after seeding or sodding, except when hydro-
seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or
in accordance with the Stormwater Pollution Prevention Plan for that site.
Section 316.7. Application practices.
(a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders.
Deflectors must be positioned such that fertilizer granules are deflected away from all
impervious surfaces,fertilizer-free zones and water bodies.including wetlands.
(b) Fertilizer shall not be applied, spilled,or otherwise deposited on any impervious surfaces.
(c) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any
impervious surface shall be immediately and completely removed to the greatest extent
practicable.
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ORDINANCE NO.2013 - 012
(d) Fertilizer released on an impervious surface must be immediately contained and either
legally applied to turf or any other legal site or returned to the original or other appro rp iate
container.
(e) In no case shall fertilizer be washed swept or blown off impervious surfaces into
stormwater drains,ditches,conveyances,or water bodies.
Section 316.8. Management of grass clippings and vegetative materials
In no case shall grass clippings vegetative material and/or vegetative debris be washed swept
or blown off into stormwater drains ditches conveyances water bodies wetlands or sidewalks
or roadways_ Any material that is accidentally so deposited shall be immediately removed to the
maximum extent practicable.
Section 316.9. Exemptions.
The provisions set forth above in this chapter shall not apply to:
(a) bona fide Tann operations as defined in the Florida Right to Farm Act § 823 14 Florida
Statutes;
(b� other_properties not subiect to or covered under the Florida Right to Farm Act that have
pastures used for grazing livestock;
(c) any lands used for bona fide scientific research, including, but not limited to research on the
effects of fertilizer use on urban stormwater water quality, agronomics or horticulture
(d) golf courses when landscaping is performed within the provisions of the Florida Department
of Environmental Protection document, "Best Management Practices for the Enhancement of
Environmental Quality on Florida Golf Courses" these provisions shall be followed when
aimlyinia fertilizer to golf course practice and-play areas'
(e) athletic fields at public_ ap rks and school facilities that apply the concepts and principles
embodied in the Florida Green BMPs, while maintaining the health and function of their
specialized turf areas;
(f) vegetable gardens owned by individual propegy owners or a community, and trees grown for
their edible fruit.
Section 316.10. Training.
(a) Within the time period set forth in section 316.12 of this Chapter, all Commercial Fertilizer
Applicators and Institutional Fertilizer Applicators within Indian River County shall abide by
and successfully complete the six-hour training proopram ii-i the "Florida- iendi Best
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ORDINANCE NO, 2013-
Management Practices for Protection of Water Resources by the Green Industries" offered by
the Florida Department of Environmental Protection through the University of Florida Extension
"Florida-Friendly Landscapes"program,or an approved equivalent.
(b) Private non-commercial applicators are encouraged to follow the recommendations of the
University of Florida Institute of Food and Agriculture Sciences Florida Yards and
Neighborhoods program when applying fertilizers.
Section 316.11. General education program.
The Public Works Department shall have an employee who shall address issues pertaining to this
Chapter. This employee shall implement a program. to inform the general public of the
requirements of this chapter, which_program shall include, among other things, informative
postings on the County website, printing and distributing informative brochures and other print
materials and speaking engagements at community associations, civic organizations, etc. The
program shall also include, to the extent practicable, use of any materials from the Be Floridian
prograin and coordination and collaboration with University of Florida Instittrte of Food and
Agriculture Sciences educational activities. AU claimed or alleged deficient ui the County's
general education program shall not constitute a defense to any action brought to enforce the
provisions of this chapter.
Section 316.12. Licensing of commercial fertilizer applicators.
() No later than December 31, 2013, all Commercial Fertilizer Applicators within Indian River
County. shall abide by and successfiilly complete training and continuing education requirements
in the "Florida-friendly Best Management Practices for Protection of Water Resources by the
Green Industries," offered by the Florida Department of Environmental Protection through the
University of Florida Institute of Food and Agriculture Sciences "Florida-friendly Landscapes''
prop-ram, or an approved equivalent program, prior to obtaining an Indian River Counly Local
Business Tax Certificate for any category of occupation which may apply any fertilizer to turf
and/or landscape plants. Commercial Fertilizer Applicators shall provide proof of completion of
the program to the Indian River County Tax Collector's Office within 180 days of the effective
date of this ordinance.
(b) After December 31, 2013,all Commercial Fertilizer Applicators within Indian River County
shall have and carry in their possession at all times when applying fertilizer, evidence of
certification by the Florida Department of Agriculture and Consumer Services as a Commercial
Fertilizer Applicator per Rule 5E-14.117(18),Florida Administrative Code.
(c) All businesses applying fertilizer to turf and/or landscape plants (including but not limited to
residential lawns golf courses commercial properties, and multi-family and condominium
properties) must ensure that at least one employee has a "Florida-friendly Best Management
Practices for Protection of Water Resources by the_C een Industries"training certificate prior to
the business owner obtaining a Local Business Tax Certificate. Owners for any category of
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ORDINANCE NO.2013 - 012
occupation which may apply any fertilizer to turf and/or landscape plants shall provide proof of
completion of the program to the Indian River County Tax Collector's Office.
Section 316.13. Enforcement.
This chapter may be enforced by the Code Enforcement Officer in the Public Works Department
who is devoted to issues pertaining to this Chapter,pursuant to Chapter 162, Florida Statutes,
and X103.07 of this Code. In addition, this chapter may be enforced by the Environmental
Control Officer pursuant to Chapter 85-427, Special Acts, Laws of Florida, and §303.14 of this
Code. Penalties and remedies for violations shall be as set forth in §100.05 of this Code and,to
the extent applicable, Chapter 85-427, Special Acts, Laws of Florida. Funds generated by
penalties imposed under this section shall be used by Indian River County for the administration
and enforcement of§403.9337, Florida Statutes, and the corresponding sections of this chapter,
and to further water conservation and nonpointpollution prevention activities.
Section 316.14. References to state law.
Any references in this chapter to Florida Statutes,rules or regulations shall refer to such statutes,
rules or re Mations,as amended from time to time.
Section 316.15. Applicability.
This chapter shall be applicable to and shall regulate any all applicators of fertilizer and
areas of application of fertilizer within the area of Indian River County, unless such applicator is
specifically exempted, provided, however, that this chapter shall not apply within the limits of
any municipality which has adopted an ordinance regulating the same subject matter. This
chapter shall be prospective only,and shall not impair any existing contracts.
Section 4. Severability.
If any part of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall
remain in full force and effect.
Section 5. Codification.
It is the intention of the Board of County Commissioners that the provisions of this ordinance
shall become and be made part of the Indian River County Code, and that the sections of this
ordinance may be renumbered or re-lettered and the word ordinance may be changed to section,
article or such other appropriate word or phrase in order to accomplish such intention.
dnme-101301 4y&,—J01 Page 8 of 9
ORDINANCE NO.2013- 012
Section 6.Directine County Attorney's Office to Post Summary on County Website.
The County Attomey's Office is directed to post a summary of this ordinance on the County's
website within 15 days of the filing of this ordinance with the Florida Department of State.
Section 7. Effective Date.
This ordinance shall become effective 45 days after the filing of the ordinance with the Florida
Department of State.
This ordinance was advertised in the Vero Beach Press Journal, on the 8th day of July, 2013,for
a public hearing to be held on the 18''day of July,2013,and on the 10th day of August,2013 for
an additional public hearing to be held on the 20th day of August, 2013, at which time it was
moved for adoption by Commissioner Solari, seconded by Commissioner O'Bryan, and adopted
by the following vote:
Chairman Joseph E.Flescher AYE
Vice Chairman Wesley S.Davis AYE
Commissioner Peter D. O'Bryan AYE
Commissioner Bob Solari A
Commissioner Tim Zore AYE
The Chairman thereupon declared the ordinance duly passed and adopted this 20"' day of
August,2013.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY,FLORIDA
q.
eph L1.Fleseher,Chairman
En vy' A as to form and legal suff►cienc
ATTEST: Jeffrey R Smith,Cl�rlkd Approved ga y:
d ptrotter
Depu Clerk Dy kgold,County Attorney
EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the
day of 32013.
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ORDINANCE NO. 2013 -014
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA CONCERNING T14E FERTILIZER
AND LANDSCAPE MANAGEMENT ORDINANCE, AMENDING
SECTION 316.6 (FERTILIZER CONTENT AND APPLICATION RATES)
AND SECTION 31.6.15 (APPLICABILITY) OF CHAPTER 316 (INDIAN
RIVER COUNTY FERTILIZER AND LANDSCAPE MANAGEMENT
ORDINANCE) OF THE CODE OF INDIAN RIVER COUNTY TO
ALLOW FOR THE GRADUAL AMORTIZATION OF THE SUPPLY OF
CERTAIN NITROGEN CONTAINING FERTILIZER AND APPLYING
CHAPTER 316 TO UNINCORPORATED INDIAN RIVER COUNTY, AND
MAKING FINDINGS AND PROVIDING FOR SEVERABILITY,
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted an ordinance regulating the
Proper use of fertilizers in order to protect the water quality of Indian River County's natural and
constructed storm water conveyances, rivers, creeks, canals, lakes, estuaries and other water
bodies;and
WHEREAS, the new fertilizer regulations require that the nitrogen content of fertilizer
applied to turf or landscape plants within Indian River County shall contain at least 50% slow
release nitrogen per guaranteed analysis label;and
WHEREAS, the new fertilizer regulations go into effect on October 14. 20 1 3;and
WHEREAS, in order to provide adequate time for the supply of fertilizer containing
nitrogen that does not comply with these regulations to be eliminated, it is necessary to provide
additional time for retailers to eliminate those supplies that meet at least a minimum threshold of
slow release nitrogen,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,THAT:
Section 1. Enactment Authority.
Article Vlll, 51 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home
rule powers in counties to enact ordinances, not inconsistent with general or special law, for the
Purpose of promoting the public health, safety and welfare of the residents of the county. The
Board specifically determines that the enactment of this ordinance is consistent with general or
special law, and is necessary and appropriate to promote the health, safety and welfare of the
residents of Indian River County.
Section 2. Findings.
The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates
such clauses as findings of the Board.
i. Page 1 qf3
ORDINANCE NO. 2013 - 014
Section 3. Amendment of Section 316.6 (Fertilizer content and application rates) of Chapter
316_(Indian River County Fertilizer and Landscape Management Ordinance) of the Code
of Indian River Countv(the"Code").
Section 316.6 (Fertilizer content and application rates) of Chapter 316 (Indian River County
Fertilizer and Landscape Management Ordinance) of the Code is hereby amended as follows:
Section 316.6. Fertilizer content and application rates.
(b)As of the effective date of this chapter, the The nitrogen content of fertilizer applied to turf or
landscape plants within Indian River County shall contain at least 2559% slow release nitrogen
per guaranteed analysis label. As of.lune 1. 2014. the nitrogen content of fertilizer applied to
turf or landscape plants within Indian River County shall contain at least 50% slow release
nitrogen per guaranteed analysis label.
Section d. Amendment of Section 31.6.15 (Applicability) of Chapter 316 (Indian River
County Fertilizer and Landscape Management Ordinance) of the Code of Indian River
County (the "Code"). -
Section 316.15 (Applicability) of Chapter 316 (Indian River County Fertilizer and Landscape
Management Ordinance) of the Code is hereby amended as follows:
Section 316.15. Applicability.
This chapter shall be applicable to and shall regulate any and all applicators of fertilizer and
areas of application of fertilizer within the unincorporated area of Indian River County, unless
such applicator is specifically exempted; provided, however. !hat th.is ehapter- shall not apply
within flie limits of any municipality whieh has adopted afi OFdinanee Fegulating!he e subjeet
matter•. This chapter shall be prospective only, and shall not impair any existing contracts.
Section 5. Severabilitv.
If any part of this ordinance is held to be invalid or unconstitutional by a court. of competent
jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall
remain in full force and effect.
Section 6. Codification.
It is the intention of the Board of County Commissioners that the provisions of this ordinance
shall become and be made part of the Indian River County Code, and that the sections of this
ordinance may be renumbered or re-lettered and the word ordinance may be changed to section,
article or such other appropriate word or phrase in order to accomplish such intention.
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ORDINANCE NO. 201.3- 014
Section 7. Effective Date.
This ordinance shall become effective upon filing with the Florida Department of State.
This ordinance was advertised in the Vero Beach Press Journal, on the 16th day of
September ' 2013, for a public hearing to be held on the 1st_ day of October ,
2013,at which time it was moved for adoption by Commissioner Solari , seconded by
Commissioner O'Bryan , and adopted by the following vote:
Chairman Joseph E. Flescher Aye
Vice Chairman Wesley S. Davis Aye
Commissioner Peter D. O'Bryan Aye
Commissioner Bob Solari Ave
Commissioner Tim Zore Aye
The Chairman thereupon declared the ordinance duly passed and adopted this 1st day of
October,2013.
;,���`t.,• ......J�''✓'••, BOARD OF COUNTY COMMISSIONERS
_ -�PINDIAN RIVER COUNTY,FLORIDA
Y.
eph E. Flescher,Chairman
ATTEST: Jeffrey R. Smith,Clerk-'of C616rt Approved as to form and legal sufficiency:
and Comptroller
By:
DepUtOclerk Oylan Reingold,County Attorney
EFFECTIVE DATE: This ordinance was tiled with the Florida Department of State on the
day of , 2013.
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APPENDIX `C'
PERMITS
(SIDEWALKS ARE EXEMPT FROM PERMITTING)
Appendix C-Permits
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documents\Master Contract Documents\APPENDIX C-Permits.doc
APPENDIX `D'
"FEDERAL REQUIRED CONTRACT PROVISIONS"
Appendix D-Federal Required Contract Provisions
F:\Public Works\ENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid
documents\Master Contract Documents\APPENDIX D-Federal Required Contract Provisions.doc
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, 2, 3, 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.
N/A, 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:
a. discriminate against labor from any other State, possession, or territory of the United
I
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 Secretary of 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
result of such direction, the contractor may requires the Untied States to enter into such
litigation to protect the interests of the United States.
2
(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 seq.)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.
3
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 thatworking
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.
4
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
utilize DBE subcontractors or subcontractors with meaningful minority group and female
5
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:
N (1) Acme. 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.)
a. By submission of this bid,the execution of the contract or 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
6
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 "segregated 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-1321) 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.
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.
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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.
ndustry;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 FL213, 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
website at www.dot.state.fl.us/construction/wage.htm. The FDOT Wage Rate Coordinator
may be contacted at 850-414-4251.
(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
8
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
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.
9
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.
10
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) Withholdinq:
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.
II
(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
Superintendent of Documents (Federal stock number 029-005-0014-1), U.S.
12
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.
13
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
14
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 1926.3, 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
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
roject: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."
14. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
(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 sec.., as
amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act,as amended
(33 U.S.C. 1251 et sec., as amended by Pub.L. 92-500), Executive Order 11738, and
15
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
16
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 1 b 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.
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.
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(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 e 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.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
-- Subcontracts and Purchase Orders:
18
1. The prospective lower tier participant certifies, by submission of this proposal, that
neither it nor its principals is presently debarred, 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.
16. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
(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 extension,
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
All steel or iron used must be produced in the United States, in accordance with 23 CFR 635.410, as
amended. All manufacturing processes, including grinding, drilling, welding, finishing or application of a
coating, for such steel or iron materials, must occur in the United States. Coating includes all processes
which protect or enhance the value of the material to which the coating is applied. If domestic steel or iron
is taken outside of the United States for any process, it becomes foreign source material. If steel or iron
will be a component of any manufactured product incorporated into the project, these same provisions
apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of
such foreign materials doe not exceed $2,500.
The bidder shall complete and submit with its bid proposal a declaration certifying either compliance or
noncompliance with Buy America. A certification form is attached.
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The contractor will also be required to provide, prior to incorporating the materials into the Project,
certifications from the producer of steel or iron, or any produce containing steel or iron as a component,
stating that all steel or iron furnished was produced entirely within the United States or was produced
within the United States except for minimal quantities of foreign steel and iron valued at ($insert actual
value).
18. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
(1) Policy. 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/egualopportunitVoffice/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)414-4747.
(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.
ii) a description of the general categories of subcontracts awarded to DBEs.
iii) the specific efforts employed to identify and award subcontracts to DBEs.
All records relating to DBE participation and subcontracts shall be maintained for a period of five (5) years
following acceptance of final payment. All such records shall be available for inspection by the County, FDOT
20
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. STANDARDIZED CHANGED CONDITIONS CLAUSE
(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 of work ordered by the engineer.
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, the contractor shall submit to the engineer in writing a request for
adjustment within 7 calendar days of receipt of the notice to resume work. The
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
21
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
Approval-Major and Minor Construction Changes, Form No. 700-010-47.
23. TIME EXTENSIONS.
The County may grant an extension of Contract Time when it add s new work items or provides for
unforeseen work, provided that the additional work actually impacts the contract critical path completion
22
schedule. The County may also grant an extension of Contract Time when a critical path item of work is
delayed by factors not reasonably anticipated or foreseeable at the time of bid or if failure of the County to
fulfill an 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 manufactured equipment or fixtures will not be considered
unless the contractor furnishes documentation that the order was placed in a timely manner and the lack of
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 is unable to
work at least 50% of the day on a pre-determined critical path item due to the weather; or (ii) 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: $758.00 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.
(3) A description of how the change has or will impact the contractor, including reference to any
impacted critical activities on the contractor's latest accepted schedule update.
(4) A statement of damages, or an estimate of damages if available, detailing the amount of
compensation, time and/or other adjustment to the contract that is being requested.
26. DRUG-FREE WORKPLACE CERTIFICATION
In accordance with Florida Statute 287.087, 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.
27. SUSPENSION AND DEBARMENT
The bidder shall complete and submit with its bid proposal the certification regarding debarment form included
in this package, or an explanation as provided herein. The inability to provide the certification will not
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
23
project.
The bidder agrees by submitting its bid that should it be awarded the contract, it will not knowingly enter into
any sub-contracts for this project with a person who is debarred, suspended, declared ineligible or excluded
from participation in this transaction. The bidder further agrees that it will require the same certification in all
solicitations for and from all sub-contractors on the project.
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). Equipment 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
(1) Prime Contractor Requirement. The prime contractor shall perform at least 30 percent of
contract work with its own organization. This percentage shall be of the original contract price, exclusive of
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
subcontract does not relieve the contractor of responsibility for fulfillment of the contract.
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.
24
(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 AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
(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.
34. NO OBLIGATION BY THE FEDERAL GOVERNMENT
(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.
35. LOCAL HIRING PREFERENCE
There shall be no local hiring preference in this project.
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GENERAL CONDITIONS AND TERMS
Section Caption
GC 1 Definitions
GC 2 Execution, Correlation and Intent
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
GC 40 Basic Requirements Prior to Substantial Completion
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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
SPECIAL TERMS AND CONDITIONS 1-24
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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: Specifications (quality)
Second Priority: Drawings (location)
Third Priority: Special Terms
Fourth Priority: General Terms and Conditions
Fifth Priority: Contract Documents
Sixth Priority Invitation to Bid
Seventh Priority 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.
(2) Maintain a roster of subcontractors will name and contact telephone numbers for key
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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 Ownerwill 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 to utility fees and connection fees. Owner shall be responsible for obtaining any necessary easements.
For construction of a building, Owner shall be responsible for all County Construction Services plan and
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.
M 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
Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights,
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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
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
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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 site 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,
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
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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
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
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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,
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
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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.
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.
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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 or workmanship is determined by Owner, either during performance of the
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
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be made for such work.
GC 35 CORRECTION OF WORK.
The Contractor shall promptly remove from the premises all materials condemned by the 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.
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.
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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.
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:
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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
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
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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—Engineering Division. 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 the Contractor's Application for Payment
provided in Section 00622, 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.
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
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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.
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.
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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 Public Construction Bond ("Bond")each in an amount
not less than the total Cost of the Project as defined in Article Il. 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.
(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
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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.
Waiver of Arbitration. The Owner and Contractor agree expressly waive any and all provisions
regarding arbitration, including any and all provisions regarding arbitration as a condition precedent to litigation
contained elsewhere in any Contract Documents.
GC 50 OWNER'S RIGHT TO TERMINATE CONTRACT FOR CAUSE.
If the Contractor should be adjudged bankrupt, or if he should make a general assignment for the
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
maintain an established schedule (30 days behind a critical path activity), to supply enough properly skilled
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
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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 expense of
finishing the work, including compensation for additional managerial and administrative services, this excess
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 Contract Documents
and shall be bound by the conditions of the Contract Documents, this Contract and the Bond to fulfill 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 SUSPENSION OR TERMINATION BY OWNER FOR CONVENIENCE.
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
for damages, including loss of profits. Those Contract provisions which by their nature survive final
acceptance shall remain in full force and effect. If the Owner orders a suspension, the Contract price and
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 CONTRACTOR OBLIGATIONS UPON TERMINATION.
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 unpaid and earned
Cost of the Project as of the date of termination, less damages or setoffs applicable under the Contract
Documents. The Contractor shall, as a condition of receiving the payments referred to herein,execute and
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.
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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 Integration. 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
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 similar or dissimilar matters.
Either party's failure to enforce strict performance of any covenant, term, 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.
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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 comply with all applicable County, State and
Federal laws relating to the provision of services under this Contract, now or hereafter in effect.
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
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
46
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 Law;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.
SPECIAL TERMS AND CONDITIONS
1. GENERAL INFORMATION
The original and one(1) copyof your bid shall be submitted to Purchasing 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 Purchasing Division. ALL BID PROPOSALS
MUST BE SUBMITTED ON THE FORMS PROVIDED FOR BID PROPOSALS.
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BID PROPOSALS ON VENDOR LETTERHEAD/QUOTATION FORMS WILL NOT BE ACCEPTED.
All bid proposals must be typed or written 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 Wednesday, October 1, 2014
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 Purchasing Manager. Bids shall be placed in a sealed
envelope, marked "BID ENCLOSED"with the Project Title, Bid Number, and name and address of
the Bidder. Bidders are responsible for insuring that their bid is stamped by Purchasing 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, Purchasing Division
180027 th Street
Vero Beach, Florida 32960
2. REJECTION OF BIDS
The Purchasing Manager 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 County, 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,
48
character and accessibility of the site, availability of facilities, location and character of existing work
within or adjacent thereto, labor conditions, etc. The County 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.
5. 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) In compliance with Florida Statute (Section 287.087) attached form "Drug-Free
Workplace Certification" should be fully executed and submitted with bid response.
(2)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.
(3) The obligations of the County under this award are subject to the availability of funds
lawfully appropriated for its purpose.
(4) 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.
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6. CERTIFICATION, LICENSES AND PERMITS
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 and a current Business Tax Receipt 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 a Business Tax Receipt 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
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 by the 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.
I 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
50
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.
13. POSTING OF AWARD TABULATIONS
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:
Indian River County
Jennifer Hyde, Purchasing Manager
180027 th Street
Vero Beach, Florida 32960
purchasing(a)ircgov.com
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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 OF BIDDER WITH WHOM TO CONTRACT
Selection will be based on the lowest responsible and responsive bidder. The ability to meet the
County'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.
17. PROTEST PROCEDURE
Protest procedures are provided in Section 8.1.13 of the County Purchasing Manual. Any actual
or prospective Bidder who is aggrieved in connection with the solicitation or proposed award of a
contract may protest to the Purchasing Manager. The protest shall be submitted in writing within
seven (7) calendar days after such aggrieved person knows or should have known the facts rise
thereto. If the protest is not resolved by mutual agreement, the Purchasing Manager shall
promptly issue a decision in writing, after consulting the Department and the Office of the County
Attorney.
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 Public Construction Bond in the amount of 100% of the
contract value at time of signing contract.
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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.
20. PRE-BID SITE INSPECTION AND PRE-BID CONFERENCE
SITE INSPECTION - NONE
PRE-BID CONFERENCE — MANDATORY —Wednesday, September 10, 2014—See
Page 100-2, Advertisement for Bid
21. TIME OF COMPLETION AND LIQUIDATED DAMAGES
BASE BID —TIME FRAME
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 November
10, 2014. All work that is to be performed as part of this contract shall be substantially completed by
the 60th day and totally 100% completed by the 75th day, 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$758.00 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.
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22. SPECIAL PROVISIONS
The Contractor shall comply with the following special provisions as part of the contract for the Old
Dixie Highway Sidewalk Project.-
(1)
roject:(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
November 10, 2014 with the project being substantially completed by the Contractor
on the 60th day and totally 100% completed by the Contractor on the 75th day.
(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.
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 after the 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.
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(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
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
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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.
("Federal Wage Rates Must be Attached)
End of Special Terms and Conditions
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Page l of 5
General Decision Number: FL140213 02/07/2014 FL213
Superseded General Decision Number: FL20130272
State: Florida
Construction Type: Highway
County: Indian River County in Florida.
HIGHWAY CONSTRUCTION PROJECTS .
Modification Number Publication Date
0 01/03/2014
1 02/07/2014
* ELEC0915-009 12/01/2013
Rates Fringes
ELECTRICIAN. . . . .. . . . . . . . . . .. . . .. .$ 25.13 34.5%+$0.25
----------------------------------------------------------------
SUFL2013-031 08/19/2013
Rates Fringes
CARPENTER. . . . . . . . . . . . . . . . . . . . . . ..$ 15.68 0.00
CEMENT MASON/CONCRETE
FINISHER, Includes Form Work. ... .$ 15.01 0.00
HIGHWAY/PARKING LOT STRIPING:
Operator (Striping Machine) .. ...$ 15.57 0.00
HIGHWAY/PARKING LOT STRIPING:
Painter. . . .. . . . . . . . . . . .. . . . . . .. .$ 12.13 0.00
IRONWORKER, ORNAMENTAL. . . . . . . ... .$ 13.48 0.00
IRONWORKER, REINFORCING. . .. . . ....$ 15.38 0.00
IRONWORKER, STRUCTURAL. . . . . . . ... .$ 16.42 0.00
LABORER: Asphalt, Includes
Raker, Shoveler, Spreader and
Distributor.. .. . . . . . . .. . . . . . . . ...$ 14.05 0.00
LABORER: Common or General. . . ...$ 10.69 0.00
LABORER: Flagger. . . . . . . . . . . . . .. .$ 13.09 0.00
LABORER: Grade Checker. . . . . . . . ..$ 14.66 0.00
LABORER: Mason Tender -
Cement/Concrete. . . . . . .. . . .. . . . . . .$ 12.58 0.00
LABORER: Pipelayer. . . . .. . . . . . . . .$ 12.44 0.00
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Page 2 of 5
LABORER: Laborer-Cones/
Barricades/Barrels -
Setter/Mover/Sweeper. . . . . . . . . . . . .$ 11.79 0.00
OPERATOR:
Backhoe/Excavator/Trackhoe. . . . . . .$ 14.96 0.00
OPERATOR: Bobcat/Skid
Steer/Skid Loader. . . . . . . . . . . . . . . .$ 12.88 0.00
OPERATOR: Broom/Sweeper. . . . . . . . .$ 12.91 0.00
OPERATOR: Bulldozer. . . . . . . . . . . . .$ 15.23 0.00
OPERATOR: Concrete Finishing
Machine. . . . . . . . . . . . . . . . . . . . . . . . . .$ 15.44 0.00
OPERATOR: Crane. . . . . . . . . . . . . . . . .$ 22.04 0.00
OPERATOR: Curb Machine. . . . . . . . . .$ 18.45 0.00
OPERATOR: Drill. . . . . . . . . . . . . . . . .$ 13.04 0.00
OPERATOR: Forklift. . . . . . . . . . . . . .$ 10.43 0.00
OPERATOR: Gradall. . . . . . . . . . . . . . .$ 14.71 0.00
OPERATOR: Grader/Blade. . . . . . . . . .$ 18.20 0.00
OPERATOR: Loader. . . . . . . . . . .. . . . .$ 13.14 0.00
OPERATOR: Mechanic. . . . . . . . . . . . . .$ 17.52 0.00
OPERATOR: Milling Machine. . . . . . .$ 16.04 0.00
OPERATOR: Oiler. . . . . . . . . . . . . . . . .$ 16.67 0.00
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) . . . . . . . . .$ 15.47 0.00
OPERATOR: Piledriver. . . . . . . . . .. .$ 17.23 0.00
OPERATOR: Post Driver
(Guardrail/Fences) . . . . . . . . . . . . .. .$ 15.97 0.00
OPERATOR: Roller. . . . . . . . . . . . . . . .$ 12.50 0.00
OPERATOR: Scraper. . . . . . . . . . . . . . .$ 12.21 0.00
OPERATOR: Screed. . . . . . . . . . . . . . . .$ 14.14 0.00
OPERATOR: Trencher. . . . . . . . . . . . . .$ 14.25 0.00
PAINTER: Spray. .. . . . . . . . . . . . . . . .$ 19.57 0.00
TRAFFIC SIGNALIZATION:
Traffic Signal Installation. . . . . .$ 15.11 0.00
TRUCK DRIVER: Dump Truck. . . . . . . .$ 11.86 0.00
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TRUCK DRIVER: Flatbed Truck. . . . .$ 14.28 0.00
TRUCK DRIVER: Lowboy Truck. . . . . .$ 16.25 0.00
TRUCK DRIVER: Slurry Truck. . . . . .$ 11.96 0.00
TRUCK DRIVER: Water Truck. . . . . . .$ 13.57 0.00
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii) ) .
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is union or non-union.
Union Identifiers
An identifier enclosed in dotted lines beginning with
characters other than "SU" denotes that the union
classification and rate have found to be prevailing for that
classification. Example: PLUM0198-005 07/01/2011. The first
four letters , PLUM, indicate the international union and the
four-digit number, 0198, that follows indicates the local union
number or district council number where applicable , i.e.,
Plumbers Local 0198. The next number, 005 in the example, is
an internal number used in processing the wage determination.
The date, 07/01/2011, following these characters is the
effective date of the most current negotiated rate/collective
bargaining agreement which would be July 1, 2011 in the above
example.
Union prevailing wage rates will be updated to reflect any
changes in the collective bargaining agreements governing the
rates.
0000/9999: weighted union wage rates will be published annually
each January.
Non-Union Identifiers
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Page 4 of 5
Classifications listed under an "SU" identifier were derived
from survey data by computing average rates and are not union
rates; however, the data used in computing these rates may
include both union and non-union data. Example: SULA2004-007
5/13/2010. SU indicates the rates are not union majority rates,
LA indicates the State of Louisiana; 2004 is the year of the
survey; and 007 is an internal number used in producing the
wage determination. A 1993 or later date, 5/13/2010, indicates
the classifications and rates under that identifier were issued
as a General Wage Determination on that date.
Survey wage rates will remain in effect and will not change
until a new survey is conducted.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1. ) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2. ) If the answer to the question in 1. ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CER Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc. ) that the requestor considers relevant to the issue.
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Page 5 of 5
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4. ) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
i
file:///C:/Users/cn408lk/AppData/Local/Temp/LowII70CLJCL.htm 3/12/2014
f
AIA DOCUMENT A310 BID BOND
The Contractor shall use the document form entitled "AIA Document A310 Bid Bond."
END OF SECTION
Bid Bond P_57
8/26/2014 338:29 PM
INDIAN RIVER COUNTY, FLORIDA
SEALED BID NO. 2014032
PROJECT NO. 0845B
FM NO. 423186-2-58-01
OLD DIXIE HIGHWAY SIDEWALK IMPROVEMENTS
38TH LANE TO 45TH STREET
SUBSTITUTION SHEET
DESCRIPTION
OR MAKE PROPOSED ADD DEDUCT
BID ITEM NO. SPECIFIED SUBSTITUTION
P-58 Substitution Sheet
8/26/2014 3:3829 PM
INDIAN RIVER COUNTY, FLORIDA
SEALED BID NO. 2014032
PROJECT NO. 0845B
FM NO. 423186-2-58-01
OLD DIXIE HIGHWAY SIDEWALK IMPROVEMENTS
38TH LANE TO 45TH STREET
CONTRACTOR VERIFICATION FORM
THE FOLLOWING IS TO BE COMPLETED BY PRIME BIDDER:
Name of Firm:
I Corporate Title:
Address:
(Zip Code)
By:
(Print name) (Print title)
(Authorized Signature)
Telephone: ( )
Fax: ( )
State License# (ATTACH COPY)
County License# (ATTACH COPY)
City License: (ATTACH PROOF OF REGISTRATION WITH THE CITY)
Type of License:
Unlimited (yes/no)
If"NO", Limited to what trade?
P-59 Contractor Verification
&26/2014 3:38:29 PM
INDIAN RIVER COUNTY, FLORIDA
SEALED BID NO. 2014032
PROJECT NO. 0845B
FM NO. 423186-2-58-01
OLD DIXIE HIGHWAY SIDEWALK IMPROVEMENTS
38TH LANE TO 45TH STREET
LIST OF REFERENCES
OWNER'S NAME PROJECT CONTACT TELEPHONE
&ADDRESS PERSON NUMBER
P-60 List of References
8(26(2014 3:38:29 PM
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of }
County of }
being first duly sworn, disposes and says that:
(Name/s)
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)
by: who is personally known to me or who has produced
as identification and who did (did not) take an oath.
Notary (print & sign name)
Commission No.
P-61 Noncollusion Affidavit
INDIAN RIVER COUNTY
FLORIDA TRENCH SAFETY COMPLIANCE
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
9262014 3:38:29 PM
BUY AMERICA CERTIFICATE OF COMPLIANCE
fly
CERTIFICATE OF COMPLIANCE ' 'r
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
I producer(s) of the steel or iron or components prior to incorporating any such materials into the work or project.
Company Name:
Authorized By:
(Sign) (Print Name)
Title: Date:
P-16
526/2014 3:38:29 PM
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 disclosure,if
any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this
certification and disclosure, if any.
Company Name:
Authorized By:
(Sign) (Print Name)
Title: Date:
P-17
826/1014 3:38:29 PM
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 it for: commission of fraud or a 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, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
project by any federal agency unless authorized by the Florida Department of Transportation."
Company Name:
Authorized By:
(Sign) (Print Name)
Title: Date:
P-18
8/26!2014 3:38:29 PM
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 underthis 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
P-19
8262014 3:38:29 PM
APPENDIX `E'
"FHWA 1273"
Appendix E-FHWA 1273
F:\Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admim\bid
documents\Master Contract Documents\APPENDIX E-FHWA 1273.doc
FHWA-1273-- Revised May 1,2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General 3. A breach of any of the stipulations contained in these
II. Nondiscrimination Required Contract Provisions may be sufficient grounds for
III. Nonsegregated Facilities withholding of progress payments,withholding of final
IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment
V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the
Provisions contracting agency and FHWA.
VI. Subletting or Assigning the Contract
VII. Safety:Accident Prevention 4. Selection of Labor: During the performance of this contract,
VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose
IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid
Pollution Control Act highway unless it is labor performed by convicts who are on
X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid
Debarment Requirements highway does not include roadways functionally classified as
XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors.
Lobbying
ATTACHMENTS II. NONDISCRIMINATION
A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are
Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all
Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
I. GENERAL supply,engineering,or architectural service contracts.
In addition,the contractor and all subcontractors must comply
1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60,
construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the
emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI
contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related
subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR
subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633.
and other agreements for supplies or services).
The contractor and all subcontractors must comply with: the
The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60-
incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000,
order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity
prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3.
subcontractor, lower-tier subcontractor or service provider.
Note:The U.S.Department of Labor has exclusive authority to
Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the
build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29
subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have
purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with
supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as
for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of
or service provider. 1964,as amended,and related regulations including 49 CFR
Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix
Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S.
referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements.
subcontracts(excluding purchase orders,rental agreements
and other agreements for supplies or services related to a 1.Equal Employment Opportunity: Equal employment
construction contract). opportunity(EEO)requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
2. Subject to the applicability criteria noted in the following under laws,executive orders, rules,regulations(28 CFR 35,
sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27)
performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the
and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23
immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative
contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under
1
this contract.The provisions of the Americans with Disabilities 4. Recruitment:When advertising for employees,the
Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the
35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such
contract.In the execution of this contract,the contractor advertisements will be placed in publications having a large
agrees to comply with the following minimum specific circulation among minorities and women in the area from
requirement activities of EEO. which the project work force would normally be derived.
a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid
the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct
good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral
of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To
of activities under the contract. meet this requirement,the contractor will identify sources of
potential minority group employees,and establish with such
b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women
following statement: applicants may be referred to the contractor for employment
consideration.
"It is the policy of this Company to assure that applicants
are employed,and that employees are treated during b. In the event the contractor has a valid bargaining
employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the
national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that
employment,upgrading,demotion,or transfer;recruitment or agreement to the extent that the system meets the contractor's
recruitment advertising;layoff or termination,rates of pay or compliance with EEO contract provisions. Where
other forms of compensation;and selection for training, implementation of such an agreement has the effect of
including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the
job training." contractor to do the same,such implementation violates
Federal nondiscrimination provisions.
2. EEO Officer:The contractor will designate and make
known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to
the responsibility for and must be capable of effectively refer minorities and women as applicants for employment.
administering and promoting an active EEO program and who Information and procedures with regard to referring such
must be assigned adequate authority and responsibility to do applicants will be discussed with employees.
so.
5.Personnel Actions:Wages,working conditions,and
3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and
staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading,
discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be
are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national
cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be
and contractual responsibilities to provide EEO in each grade followed:
and classification of employment. To ensure that the above
agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project
minimum: sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
a. Periodic meetings of supervisory and personnel office personnel.
employees will be conducted before the start of work and then
not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of
contractor's EEO policy and its implementation will be wages paid within each classification to determine any
reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices.
the EEO Officer.
c. The contractor will periodically review selected personnel
b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of
given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will
all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the
thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such
corrective action shall include all affected persons.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of
contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection
women. with its obligations under this contract,will attempt to resolve
such complaints,and will take appropriate corrective action
d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the
policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant,
applicants for employment and potential employees. such corrective action shall include such other persons. Upon
completion of each investigation,the contractor will inform
e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal.
implement such policy will be brought to the attention of
employees by means of meetings,employee handbooks,or 6.Training and Promotion:
other appropriate means.
a. The contractor will assist in locating,qualifying,and
increasing the skills of minorities and women who are
2
applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with
should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there
employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
b. Consistent with the contractor's work force requirements undue hardship.
and as permissible under Federal and State regulations,the
contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials
apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not
geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex,
special provision for training is provided under this contract, national origin,age or disability in the selection and retention
this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and
special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary
training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the
in accordance with 23 U.S.C. 140(a). administration of this contract.
c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and
employment of available training programs and entrance suppliers and lessors of their EEO obligations under this
requirements for each. contract.
d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure
promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations.
women and will encourage eligible employees to apply for
such training and promotion.
10. Assurance Required by 49 CFR 26.13(b):
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State
faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by
increase opportunities for minorities and women. Actions by reference.
the contractor,either directly or through a contractor's
association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on
forth below: the basis of race,color,national origin,or sex in the
performance of this contract. The contractor shall carry out
a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and
cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the
toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach
in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this
so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency
deems appropriate.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such
union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO
N regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of
disability. three years following the date of the final payment to the
contractor for all contract work and shall be available at
c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized
practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA.
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the
information to the contractor,the contractor shall so certify to following:
the contracting agency and shall set forth what efforts have
been made to obtain such information. (1)The number and work hours of minority and non-
minority group members and women employed in each work
d. In the event the union is unable to provide the contractor classification on the project;
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation
through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment
vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and
origin,age or disability;making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring,
to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women;
provide exclusive referrals under the terms of a collective
bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual
requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of
practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and
pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work
special provisions,such contractor shall immediately notify the classification required by the contract work. This information is
contracting agency. to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job
Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor
3
will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions
employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not
all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs
July. 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
111.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for
the classification of work actually performed,without regard to
This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or
contracts and to all related construction subcontracts of mechanics performing work in more than one classification
$10,000 or more. may be compensated at the rate specified for each
classification for the time actually worked therein: Provided,
The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the
employees are provided in such a manner that segregation on time spent in each classification in which work is performed.
the basis of race,color, religion,sex,or national origin cannot The wage determination(including any additional classification
result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b. of this
use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be
employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at
to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where
services at any location,under the contractor's control,where it can be easily seen by the workers.
the facilities are segregated. The term"facilities"includes
waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of
time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in
storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the
recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage
provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an
or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits
areas to assure privacy between sexes. therefore only when the following criteria have been met:
IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification
requested is not performed by a classification in the wage
This section is applicable to all Federal-aid construction determination;and
projects exceeding$2,000 and to all related subcontracts and
lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the
requirements apply to all projects located within the right-of- construction industry;and
way of a roadway that is functionally classified as Federal-aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors,which are exempt. (iii)The proposed wage rate,including any bona fide
Contracting agencies may elect to apply these requirements to fringe benefits,bears i reasonable relationship the
other projects. wage rates contained n the wage determination..
The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be
Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their
related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the
1273 format and FHWA program requirements. 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
1. Minimum wages Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized
the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every
often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and
rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting
permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is
under the Copeland Act(29 CFR part 3)),the full amount of necessary.
wages and bona fide fringe benefits(or cash equivalents
thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics
than those contained in the wage determination of the to be employed in the classification or their representatives.
Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed
hereof,regardless of any contractual relationship which may classification and wage rate(including the amount
be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the
and mechanics. contracting officer shall refer the questions,including the
views of all interested parties and the recommendation of the
Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for
fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an
Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within
paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or
4
will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show
additional time is necessary. that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible,and that the
(4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the
laborers or mechanics affected,and records which show the
appropriate)determined pursuant to paragraphs 1.b.(2)or
costs anticipated or the actual cost incurred in providing such
)of this section,shall be paid to all workers performing
work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under
day on which work is performed in the classification. approved programs shall maintain written evidence the
registration of apprenticeship programs and certification of
trainee programs,the registration of the apprentices and
c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the
contract for a class of laborers or mechanics includes a fringe applicable programs.
benefit which is not expressed as an hourly rate,the contractor
shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in
or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to
equivalent thereof. the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social
other third person,the contractor may consider as part of the security numbers and home addresses shall not be included
wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to
reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee
under a plan or program,Provided,That the Secretary of e.g. ,the last four digits of the employee's social security
Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be
that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is
been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division
to set aside in a separate account assets for the meeting of Web site at httpi//www.dol.gov/esa/whd/forms/wh347instr.htm
obligations under the plan or program. or its successor site.The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
2. Withholding security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and
written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an
Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage
the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime
contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and
assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own
requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency..
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a
including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or
contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the
required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall
laborer or mechanic,including any apprentice,trainee,or certify the following:
helper,employed or working on the site of the work,all or part
of the wages required by the contract,the contracting agency
may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the
may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of
payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is
have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29
CFR part 5,and that such information is correct and
3. Payrolls and basic records complete,
(ii)That each laborer or mechanic(including each
a. Payrolls and basic records relating thereto shall be helper,apprentice,and trainee)employed on the contract
maintained by the contractor during the course of the work and during the payroll period has been paid the full weekly
preserved for a period of three years thereafter for all laborers wages earned,without rebate,either directly or indirectly,
and mechanics working at the site of the work.Such records and that no deductions have been made either directly or
shall contain the name,address,and social security number of indirectly from the full wages earned,other than
each such worker,his or her correct classification,hourly rates permissible deductions as set forth in Regulations,29 CFR
of wages paid(including rates of contributions or costs part 3;
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B)of the
Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not
deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed,
the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination
any costs reasonably anticipated in providing benefits under a incorporated into the contract.
plan or program described in section 1(b)(2)(B)of the Davis-
5
(3)The weekly submission of a properly executed rate specified in the applicable wage determination.
certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with
WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program. If the
"Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits,
this section. apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
(4)The falsification of any of the above certifications may classification. If the Administrator determines that a different
subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification,
prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination.
title 31 of the United States Code.
In the event the Office of Apprenticeship Training,Employer
c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency
required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an
inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be
representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable
FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable
representatives to interview employees during working hours program is approved.
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL).
after written notice to the contractor,the contracting agency or
the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be
cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the
guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and
records upon request or to make such records available may individually registered in a program which has received prior
be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S.
Department of Labor,Employment and Training
4. Apprentices and trainees Administration.
a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Apprentices will be permitted to work at less than the Employment and Training Administration.
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified
apprenticeship program registered with the U.S. Department of in the approved program for the trainee's level of progress,
Labor,Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate
Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall
a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the
person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention
employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe
program,who is not individually registered in the program,but benefits listed on the wage determination unless the
who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that
Training,Employer and Labor Services or a State there is an apprenticeship program associated with the
Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage
probationary employment as an apprentice. determination which provides for less than full fringe benefits
for apprentices.Any employee listed on the payroll at a trainee
The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan
site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall
permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage
the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed.
apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work on the job site in
employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program
applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the
classification of work actually performed. In addition,any wage determination for the work actually performed.
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration
less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no
for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the
performing construction on a project in a locality other than applicable predetermined rate for the work performed until an
that in which its program is registered,the ratios and wage acceptable program is approved.
rates(expressed in percentages of the journeyman's hourly
rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of
program shall be observed. apprentices,trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29
specified in the registered program for the apprentice's level of CFR part 30.
progress,expressed as a percentage of the journeymen hourly
6
d. Apprentices and Trainees(programs of the U.S.DOT).
Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY
skill training programs which have been certified by the STANDARDS ACT
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction
subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the
The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety
trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to
particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As
journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics
the particular program, include watchmen and guards.
5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor
contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require
3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to
Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such
subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less
subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours
compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek.
with all the contract clauses in 29 CFR 5.5.
2.Violation;liability for unpaid wages; liquidated
7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth
contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any
of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the
subcontractor as provided in 29 CFR 5.12. 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
8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such
requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each
Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and
are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in
paragraph(1.)of this section,in the sum of$10 for each
9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract.Such hours without payment the overtime wages required by the
disputes shall be resolved in accordance with the procedures clause set forth in paragraph(1.)of this section.
of the Department of Labor set forth in 29 CFR parts 5,6,and
7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages.
between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action
contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the
employees or their representatives. Department of Labor withhold or cause to be withheld,from
any moneys payable on account of work performed by the
10.Certification of eligibility. 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
a. By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same
neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be
interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or
be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as
the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this
section.
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert
of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.)
through(4.)of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
c.The penalty for making false statements is prescribed in the subcontracts.The prime contractor shall be responsible for
U.S.Criminal Code, 18 U.S.C. 1001. compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs(1.)through(4.)of this
section.
7
evidenced in writing and that it contains all pertinent provisions
VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract.
This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is
contracts on the National Highway System. not applicable to design-build contracts;however,contracting
agencies may establish their own self-performance
1.The contractor shall perform with its own organization requirements.
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 VII.SAFETY:ACCIDENT PREVENTION
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such This provision is applicable to all Federal-aid construction
specialty items performed may be deducted from the total contracts and to all related subcontracts.
original contract price before computing the amount of work
required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall
(23 CFR 635.116). comply with all applicable Federal,State,and local laws
governing safety,health,and sanitation(23 CFR 635).The
a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and
to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it
equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be
without operators. Such term does not include employees or reasonably necessary to protect the life and health of
equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to
agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the
term may include payments for the costs of hiring leased work covered by the contract.
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a
employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into
contractor meets all of the following conditions: pursuant to this contract,that the contractor and any
subcontractor shall not permit any employee,in performance
(1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions
supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her
employees; health or safety,as determined under construction safety and
(2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary
of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work
(3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704).
exclude individual employees from work on the project;and
(4)the prime contractor remains ultimately responsible for 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract
the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative
submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract
other Federal regulatory requirements. performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the
that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40
equipment not ordinarily available in the type of contracting U.S.C.3704).
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
2.The contract amount upon which the requirements set forth
in paragraph(1)of Section VI is computed includes the cost of This provision is applicable to all Federal-aid construction
material and manufactured products which are to be contracts and to all related subcontracts.
purchased or produced by the contractor under the contract
provisions. In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made
or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal-
direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned
requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly,
(regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or
own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the
engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any
necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and
similar acts,Form FHWA-1022 shall be posted on each
4. No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more
otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned
contracting officer,or authorized representative,and such with the project:
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 18 U.S.C. 1020 reads as follows:
contracting agency has assured that each subcontract is
8
'Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall
States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification
person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be
false statement,false representation,or false report as to the considered in connection with the department or agency's
character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However,
be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a
be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person
submission of plans,maps,specifications,contracts,or costs from participation in this transaction.
of construction on any highway or related project submitted for
approval to the Secretary of Transportation;or c.The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
Whoever knowingly makes any false statement,false agency determined to enter into this transaction. If it is later
representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered
character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies
be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency
connection with the construction of any highway or related may terminate this transaction for cause of default.
project approved by the Secretary of Transportation;or
d.The prospective first tier participant shall provide
Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom
representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier
or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when
Roads Act approved July 1, 1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed
and supplemented, circumstances.
Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred,"
years or both." "suspended,""ineligible,""participant,""person," "principal,"
and"voluntarily excluded,"as used in this clause, are defined
in 2 CFR Parts 180 and 1200. "First Tier Covered
IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a
WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such
as the prime or general contract). "Lower Tier Covered
This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First
contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier
Participant"refers to the participant who has entered into a
By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal
contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier
Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a
appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower
Tier Participants(such as subcontractors and suppliers).
1.That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting
award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be
or Section 306 of the Clean Air Act. entered into,it shall not knoWngly enter into any lower tier
2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred,
included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from
every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by
the contracting agency may direct as a means of enforcing the department or agency entering into this transaction.
such requirements.
g.The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension, Ineligibility
SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions,"
EXCLUSION provided by the department or contracting agency,entering
into this covered transaction,without modification,in all lower
This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier
contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25.000 threshold.
subcontracts,purchase orders,lease agreements,consultant
contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a
approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered
defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended, ineligible,or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals,as well as
a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each
first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded
Parties List System website(https://www.epis.gov/),which is
b.The inability of a person to provide the certification set out compiled by the General Services Administration.
below will not necessarily result in denial of participation in this
9
i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies,
require the establishment of a system of records in order to including suspension and/or debarment.
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide
is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is
a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
j. Except for transactions authorized under paragraph(f)of changed circumstances.
these instructions,if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction,""debarred,"
person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal,"
excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause, are defined
other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to
department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a
or default. copy of those regulations. "First Tier Covered Transactions"
...., refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant(such as the
prime or general contract). "Lower Tier Covered Transactions"
2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered
Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant"
Participants: refers to the participant who has entered into a covered
f Federal
a. The prospective first tier participant certifies to the best of (such as the prime oar general srantee congtracto)�"Lower T ernds
its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
(1) Are not presently debarred,suspended, proposed for Tier Participants(such as subcontractors and suppliers).
debarment,declared ineligible,or voluntarily excluded from
participating in covered transactions by any Federal e.The prospective lower tier participant agrees by
department or agency; submitting this proposal that,should the proposed covered
transaction be entered into,it shall not knowingly enter into
V (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is
proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily
against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless
connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this
a public(Federal,State or local)transaction or contract under transaction originated.
a public transaction;violation of Federal or State antitrust
statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by
bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled
statements,or receiving stolen property, "Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
(3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and
civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding
local)with commission of any of the offenses enumerated in the$25,000 threshold.
paragraph(a)(2)of this certification;and
g.A participant in a covered transaction may rely upon a
(4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered
application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or
(Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous.A participant is
b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended,
any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered
participant shall attach an explanation to this proposal. transactions. To verity the eligibility of its principals,as well as
the eligibility of any lower tier prospective participants,each
2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded
Parties List System website(htti2s://www.epls.gov/,which is
(Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration.
lower tier transactions requiring prior FHWA approval or
estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to
1200) require establishment of a system of records in order to render
in good faith the certification required by this clause.The
a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to
lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person
b.The certification in this clause is a material representation in the ordinary course of business dealings.
of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph e of
was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction
lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a
certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily
Federal Government,the department,or agency with which excluded from participation in this transaction, in addition to
other remedies available to the Federal Government,the
10
department or agency with which this transaction originated
may pursue available remedies,including suspension and/or
debarment.
Certification Regarding Debarment,Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
1.The prospective lower tier participant certifies,by
submission of this proposal,that neither it nor its principals is
presently debarred,suspended,proposed for debarment,
declared ineligible,or voluntarily excluded from participating in
covered transactions 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.
XI.CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
i $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 extension,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 its
bid or proposal that the participant 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.
11
ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1
PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work.
ROAD CONTRACTS
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1.During the performance of this contract,the contractor
undertaking to do work which is,or reasonably may be,done
as on-site work,shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated,or the subregion,or the
Appalachian counties of the State wherein the contract work is
situated,except:
a.To the extent that qualified persons regularly residing in
the area are not available.
b.For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c.For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract,provided that the number of nonresident
persons employed under this subparagraph(1 c)shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work,except as provided in
subparagraph(4)below.
2.The contractor shall place a job order with the State
Employment Service indicating(a)the classifications of the
laborers,mechanics and other employees required to perform
the contract work,(b)the number of employees required in
each classification,(c)the date on which the participant
estimates such employees will be required,and(d)any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work,the
information submitted by the contractor in the original job order
is substantially modified,the participant shall promptly notify
the State Employment Service.
3.The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who,in his opinion,are not qualified to
perform the classification of work required.
4.If,within one week following the placing of a job order by
the contractor with the State Employment Service,the State
Employment Service is unable to refer any qualified job
applicants to the contractor,or less than the number
requested,the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate,the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate,notwithstanding the provisions of subparagraph(1c)
above.
5. The provisions of 23 CFR 633.207(e)allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
12