#08-5106 (Astaldi Construction)
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Santa Barbara Boulevard Extension
(Rattlesnake Hammock Road to Davis Boulevard)
COLLIER COUNTY BID NO. 08-5106
COLLIER COUNTY, FLORIDA
Design Professional:
Agnoli, Barber & Brundage, Inc.
COLLIER COUNTY PURCHASING DEPARTMENT
3301 Tamiami Trail, East
Naples, Florida 34112
ORIGINAL
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TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT D: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by Agnoli, Barber & Brundage
and identified as follows: Santa Barbara Boulevard Extension
(Rattlesnake Hammock Road to Davis Boulevard)
as shown on Plan Sheets 1 through 219.
EXHIBIT N: Contractor's List of Key Personnel
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PUBLIC NOTICE
INVITATION TO BID
COLLIER COUNTY, FLORIDA
Santa Barbara Boulevard Extension
(Rattlesnake Hammock Road to Davis Boulevard)
COUNTY BID NO. 08-5106
Separate sealed bids for the construction of Santa Barbara Boulevard Extension
(Rattlesnake Hammock Road to Davis Boulevard), addressed to Mr. Steve Carnell,
Purchasing Director, will be received at the Collier County Government Complex, 3301
Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112,
until 2:30 P.M. LOCAL TIME, on the 15th day of August 2008, at which time all bids will
be publicly opened and read aloud. Any bids received after the time and date specified will
not be accepted and shall be returned unopened to the Bidder.
A non-mandatory pre-bid conference shall be held at the Purchasing Department,
Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 31st day
of July 2008, at which time all prospective Bidders may have questions answered
regarding the Bidding Documents for this Project.
Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County
Government, Collier County, Santa Barbara Boulevard Extension (Rattlesnake
Hammock Road to Davis Boulevard), Bid No. 08-5106 and Bid Date of August 15, 2008.
No bid shall be considered unless it is made on an unaltered Bid form which is included in
the Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-14) shall be removed
from the Bidding Documents prior to submittal.
One contract will be awarded for all Work. Bidding Documents may be examined on the
Collier County Purchasing Department E-Procurement website: www.collierQov.netlbid.
Copies of the Bidding Documents may be obtained only from the denoted website.
Bidding Documents obtained from sources other than the Collier County Purchasing
Department website may not be accurate or current.
Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an
amount not less than five percent (5%) of the total Bid to be retained as liquidated
damages in the event the Successful Bidder fails to execute the Agreement and file the
required bonds and insurance within fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract Documents.
All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of
Insurance shall be either executed by or countersigned by a licensed resident agent of the
surety or insurance company having its place of business in the State of Florida. Further,
the said surety or insurance company shall be duly licensed and qualified to do business ifi
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the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance
Bonds must file with each bond a certified and effective dated copy of their Power of
Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain
such contractor's and business licenses, certifications and registrations as required by
State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in the
Bidding Documents. Upon request, the Bidder shall submit such information as deemed
necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within five hundred
and forty (540) calendar days from and after the Commencement Date specified in the
Notice to Proceed.
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and
purpose of the Bidding Documents, and to postpone the award of the contract for a period
of time which, however, shall not extend beyond one hundred twenty (120) days from the
bid opening date without the consent of the Successful Bidder.
Dated this 15th day of July 2008.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Isl Stephen Y. Carnell, C.P.M.
Purchasing and General Services Director
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PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its
duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring the
construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project
Manager may formally assign any of his/her duties specified in the Contract Documents to
the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner
in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners, on
the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions
to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-14 as bound in these Bidding Documents). By submitting a Bid,
Bidder acknowledges and agrees that it shall execute the Agreement in the form attached
hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter
and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be
accompanied by a hard copy of the completed Bid Schedule which shall be signed and
dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of
form, conditional bid or irregularities of any kind. Bids must be submitted in sealed
envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time,
and shall be addressed to the Collier County Purchasing Department, Purchasing Building,
Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If
forwarded by mail, the sealed envelope containing the Bid must be enclosed in another
sealed envelope addressed as above. Bids received at the location specified herein
after the time specified for bid opening will be returned to the bidder unopened and shall
not be considered.
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Section 3. Bid Deposit Reauirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same
shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a
certified check payable to Owner on some bank or trust company located in the State of
Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount
not less than 5% of the bidder's maximum possible award (base bid plus all add
alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be
retained by Owner as liquidated damages if the Successful Bidder fails to execute and
deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and
Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt
of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under
the laws of the State of Florida to execute such bonds, with conditions that the surety will,
upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the
three (3) lowest Bidders shall be held until the Agreement has been executed by the
Successful Bidder and same has been delivered to Owner together with the required
bonds and insurance, after which all three (3) Bid Deposits shall be returned to the
respective Bidders. All other Bid Deposits shall be released within ten (10) working days
of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred
and twenty (120) days after the public opening thereof. If a Bid is not accepted within said
time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In
the event that the Owner awards the contract prior to the expiration of the 120 day period
without selecting any or all alternates, the Owner shall retain the right to subsequently
award to the Successful Bidder said alternates at a later time but no later than 120 days
from opening, unless otherwise agreed by the Purchasing Director and the Successful
Bidder.
3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above. The Owner shall
execute all copies and return one fully executed copy of the Agreement to Successful
Bidder within thirty (30) working days after receipt of the executed Agreement from
Successful Bidder unless any governmental agency having funding control over the
Project requires additional time, in which event the Owner shall have such additional time
to execute the Agreement as may be reasonably necessary.
Section 4. Riaht to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and
negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary
for budgetary reasons.
Section 5. Sianina of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address and
state of incorporation must be shown below the signature.
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5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of the
partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general partner
of partnership, a properly notarized power of attorney must be submitted with the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid
as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a
Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid
opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal
Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, addressed to the Purchasing Department, to be given consideration. All
such requests for interpretations or clarification must be received at least ten (10) calendar
days prior to the Bid opening date. Any and all such interpretations and supplemental
instructions shall be in the form of written addendum which, if issued, shall be sent by mail
or fax to all known Bidders at their respective addresses furnished for such purposes no
later than three (3) working days prior to the date fixed for the opening of Bids. Such
written addenda shall be binding on Bidder and shall become a part of the Bidding
Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
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Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties
that may be encountered in the execution of the Work pursuant to these Bidding
Documents as a result of failure to make the necessary examinations and investigations
shall be accepted as an excuse for any failure or omission on the part of the Successful
Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra
compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the Owner
does not warrant or represent to any Bidder either the completeness or accuracy of any
such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense,
make such additional surveys and investigations as may be necessary to determine its Bid
price for the performance of the Work within the terms of the Bidding Documents. This
provision shall be subject to Section 2.3 of the General Conditions to the Agreement.
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard materials. When space
is provided on the Bid- Schedule, Bidders shall specify the materials which they propose to
use in the Project. The Owner may declare any Bid non-responsive or irregular if such
materials are not specifically named by Bidder.
Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only. Payment for unit price items shall be based on the actual
number of units installed for the Work. Bids shall be compared on the basis of number of
units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices
shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to
this requirement may be rejected. Special attention to all Bidders is called to this
provision, because if conditions make it necessary or prudent to revise the unit quantities,
the unit prices will be fixed for such increased or decreased quantities. Compensation for
such additive or subtractive changes in the quantities shall be limited to the unit prices in
the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the
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Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the
actual quantity varies by more than 25% from the estimate at the time of bid.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 The Board of County Commissioners has adopted a Local Preference "Right to
Match" policy to enhance the opportunities of Collier County business to receive awards.
A "local business" is defined as a Collier County business that has a valid occupational
license issued by Collier County at least one year prior to bid or proposal submission to do
business within Collier County that authorizes the business to provide the commodities or
services to be purchased, and a physical business address located within the limits of
Collier County from which the vendor operates or performs business. Post Office Boxes
are not verifiable and shall not by used for the purpose of establishing said physical
address. In addition to the foregoing, a vendor shall not be considered a "local business"
unless it contributes to the economic development and well-being of Collier County in a
verifiable and measurable way. This may include, but not be limited to, the retention and
expansion of employment opportunities, the support and increase to the County's tax
base, and residency of employees and principals of the business within Collier County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting
their bid or proposal to be eligible for consideration as a "local business" under this
section.
When a qualified and responsive, non-local business submits the lowest price bid, and the
bid submitted by one or more qualified and responsive local businesses is within ten
percent (10%) of the price submitted by the non-local business, then the local business
with the apparent lowest bid offer (i.e.; the lowest local bidder) shall have the opportunity to
submit, an offer to match the price(s) offered by the overall lowest, qualified and
responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder
and the lowest local bidder are in fact qualified and responsive bidders. Next, the
Purchasing Department shall determine if the lowest local bidder meets the requirements
of Section 287.087 F.S. If the lowest local bidder meets the requirements of 287.087, F.S.,
the Purchasing Department shall invite the lowest local bidder to submit a matching offer to
the Purchasing Department which shall be submitted to the Purchasing Department within
five (5) business (jays thereafter. If the lowest local bidder submits an offer that fully
matches the lowest bid from the lowest non-local bidder tendered previously, then award
shall be made to the local bidder. If the lowest local bidder declines or is unable to match
the lowest non local bid price(s), than award will be made to the lowest overall qualified
and responsive bidder. If the lowest local bidder does not meet the requirement of Section
287.087 F.S. and the lowest non-local bidder does, award will be made to the bidder that
meets the requirements of the reference state law.
Bidder must complete and submit with their proposal response, the Affidavit for Claiming
Status as a Local Business which is included as part of this solicitation. Failure on the part
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of a Bidder to submit this Affidavit with their proposal response will preclude said Bidder
from being considered for preference on this solicitation. A vendor who misrepresents the
Local Preference status of its firm in a bid submitted to the County will lose the privilege to
claim Local Preference status for a period of up to one year.
The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of clarification
to assure full understanding of, and responsiveness to solicitation requirements.
12.3 Award recommendations will be posted outside the offices of the Purchasing
Department generally on Wednesdays and Thursdays prior to the presentation to the
Board of County Commissioners. Award of Contract will be made by the Board of County
Commissioners in public session. Any actual or prospective bidder who desires to formally
protest the recommended contract award must file a notice of intent to protest with the
Purchasing Director within two (2) calendar days (excluding weekends and holidays) of
the date that the recommended award is posted. Upon filing of said notice, the protesting
party will have five (5) days to file a formal protest, said protest to strictly comply with
Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at
the offices of the Purchasing Director.
12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution of
such copies.
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax
savings program and the Successful Bidder agrees to fully comply, at no additional cost to
Owner, with such sales tax savings program implemented by the Owner as set forth in the
Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection fees
applicable to this Work through an internal budget transfer(s). Hence, bidders shall not
include these permit/fee amounts in their bid offer. However, the Successful Bidder shall
retain the responsibility to initiate and complete all necessary and appropriate actions to
obtain the required permits other than payment for the items identified in this section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work on
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this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a
person or entity that has the capability in all respects to perform fully the Agreement
requirements and has the integrity and reliability to assure good faith performance. A
Subcontractor's disqualification from bidding by the Owner, or other public contracting
entity within the past twelve months shall be considered by the Owner when determining
whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding
purposes by any public contracting entity, or who has exhibited an inability to perform
through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set forth in
the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders
acknowledge and agree that the subcontractors identified on the list is not a complete list
of the subcontractors to be used on the Project, but rather only the major subcontractors
for each category of Work as established by Owner. Bidders further acknowledge that
once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's
review and approval, all the subcontractors it intends to use on the Project. Once
approved by Owner, no subcontractor shall be removed or replaced without Owner's prior
written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor, gift,
loan, fee, service or other item of value to any County employee, as set forth in Chapter
112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of the
following consequences: a. Prohibition by the individual, firm, and/or any employee of the
firm from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of time,
including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any contract held by the individual and/or firm for cause.
Section 17. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in
compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as
follows: "A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply
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on a contract with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property to a public
entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact business with any
public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor list."
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~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G"
NAPLES, FLORIDA 34112
(239) 252-8446
FAX (239) 252-6697
www.colliergov.net/purchasing
ADDENDUM
DATE: August 15, 2008
TO: Interested Bidders
,
FROM: Michael F. Hauer, CPPO, CPPB, Purchasing Acquisitions Manager on
behalf of Brenda Brilhart, CPPB, Purchasing Agent
SUBJECT: Addendum # 5, Bid # 08-5106 - "Santa Barbara Boulevard Extension
(Rattlesnake Hammock Road to Davis Boulevard)
Addendum #5 covers the following change for the above-referenced solicitation:
CHANGE:
Bid unit prices are not be submitted on line, submit your unit prices on the
Addendum #5 bid schedule to be considered for award. The Excel spreadsheet
should be provided at bid due date an a CD-Rom and included with bid
response.
Bidders are not required to submit acknowledgement of receiving addendums -- this is
tracked electronically on the on-line bidding system. Bidders are responsible for
downloading and reviewing all addendum language and attachments.
cc: Gary Putaansuu, Project Manager
4
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING lOG"
NAPLES, FLORIDA 34112
(239) 252-8446
FAX (239) 252-6697
www.colliergov.netlpu rchasing
ADDENDUM
DATE:
August 7, 2008
TO: Interested Bidders
FRO~Brenda Brilhart, epPB, Purchasing Agent
SUBJECT: Addendum # 4, Bid # 08-5106 - "Santa Barbara Boulevard Extension
(Rattlesnake Hammock Road to Davis Boulevard)
Addendum #4 covers the following change for the above-referenced solicitation:
CHANGE:
. Award Clause: The award of bid will be based on the total of Phase I and Phase II.
. Bid unit prices are not be submitted on line, submit your unit prices on the
Addendum #3 bid schedule to be considered for award. The Excel spreadsheet
should be provided at bid due date on a CD-Rom and included with bid response.
. Pre-Bid Attendee List Attached.
CLARIFICATION:
Addendums 1 & 2 are as follows:
Addendum #1 - was just a plan set that was converted to a PDF file.
Addendum #2 - was mislabeled as Addendum #1.
Bidders are not required to submit acknowledgement of receiving addendums -- this is
tracked electronically on the on-line bidding system. Bidders are responsible for
downloading and reviewing all addendum language and attachments.
cc: Gary Putaansuu, Project Manager
Enc: Pre-Bid Attendee List
)l
~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G"
NAPLES, FLORIDA 34112
(239) 252-8446
FAX (239) 252-6697
www.colliergov.net/purchasing
ADDENDUM
DATE:
August 6,2008
TO: Interested Bidders
FROM@renda Brilhart, epPB, Purchasing Agent
SUBJECT: Addendum # 3, Bid # 08-5106 - "Santa Barbara Boulevard
Extension (Rattlesnake Hammock Road to Davis Boulevard)
Addendum #3 covers the following change for the above-referenced
solicitation:
CHANGE: The due date for this bid has been changed to August 18, 2008 at
2:30 p.m.
CLARIFICATION:
LASIP Maintenance Road: the un-primed limerock (as shown in the plans) - see
note on the Roadway plans that addresses this issue.
Use of Subcontractors:
To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the
work on this Project shall be "qualified" as defined in Collier County Ordinance 87-
25, meaning a person or entity that has the capability in all respects to perform fully
the Agreement requirements and has the integrity and reliability to assure good faith
performance. A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the
Owner when determining whether the Subcontractors are "qualified."
A
ADDENDUM #3
The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform
the Agreement within the time required. Owner reserves the right to disqualify a
Bidder who includes Subcontractors in its bid offer which are not "qualified" or who
do not meet the legal requirements applicable to and necessitated by this
Agreement.
The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
Notwithstanding anything in the Contract Documents to the contrary, the Bidders
shall identify the subcontractor(s) it intends to use for the categories of work as set
forth in the List of Subcontracts attached hereto, said list to be submitted with its bid.
Bidders acknowledge and agree that the subcontractors identified on the list is not a
complete list of the subcontractors to be used on the Project, but rather only the
major subcontractors for each category of Work as established by Owner. Bidders
further acknowledge that once there is an Award of Contract, the Successful Bidder
shall identify, subject to Owner's review and approval, all the subcontractors it
intends to use on the Project. Once approved by Owner, no subcontractor shall be
removed or replaced without Owner's prior written approval.
QUESTIONS & ANSWERS:
1) Question regarding sod quantity
Sod quantities have been checked for both the Roadway and Canal plans. The
quantity contained in the canal plans only covers sod in the footprint of the canal
and remains unchanged. The sod quantity located in the area between the canal
and the roadway is contained within the roadway plans. The comp book sheets
have been revised to calculate the sod in the canal area on a station by station
basis. The sod quantity increased from 130,661 SY to 131,407 SY (575-1-1).
2) Supplemental Potholing
A quantity of 50 EA has been added to the roadway project for Supplemental
Potholing (CC-RDW-4). Items for Utility Locates EA and Utility Conflict Resolution
EA have been removed from the utility portion of the project (WM, FM and RCWM).
Supplemental Potholing is a contingent item to be used at the discretion of the
Engineer. Please refer to Exhibit I in the Supplemental Conditions for more details.
The Summary of Pay Items Sheet 4 has been revised accordingly.
3) Sod area between the road and canal: : Revised the 3rd note on Sheet 19 to
read: "The area east of the proposed LASIP Santa Barbara Canal and west of the
proposed roadway shall be cleared and grubbed and erosion control measures put
in place. This area is available to the contractor for use in storing and handling
materials for the duration of the project. The contractor shall obtain any necessary
permits for processing materials. At completion of construction the site shall be left
2/1
ADDENDUM #3
clean of construction debris and excess materials shall be graded and shaped to
provide drainage toward the canal. The area shall be graded and planted with sod.
The contractor shall coordinate this work with the engineer prior to any grading
activities in this area. Any grading operations or earthwork materials required for
this work shall be included with Item 110-1-1 Clearing And Grubbing."
4) Median Topsoil
The project quantity was revised from 16,167 SY to 6,625 CY (CC-2930). The
computation book sheets have been revised. To make room for the Median Topsoil
6,625 CY of embankment was removed from the project reducing the Embankment
total to 216,386 CY (120-6). The changes are shown in the Summary of Earthwork
Sheet 19 as well as Sheet 4 Summary of Pay Items.
5) Revised headwall invert at 5-227
The invert at S-227 was lowered from 1.74 to -2.00 and the invert (S) at S-228 was
lowered from 1.79 to -1.95. This is to allow for future drainage provisions along
Cope Lane. In addition the existing ditch along Cope Lane has been added to the
plans and is shown to be graded to drain into S-80. The lowering of the invert will
move the proposed headwall further to the south and require an additional 16 LF of
60" RCP (430-171-143). This revision will affect the following sheets in the plan set:
Summary of Pay Items - Sheet 4
Drainage Map -.Sheet 6
Summary of Drainage Structures - Sheets 23 & 24
Plan View - Sheet 39
Profile View - Sheet 53
Drainage Structures - Sheets 92 & 93
Detention Pond #3 - Sheet 103
6) Lighting Plan Revisions
Sheet L-2
- Remove Grand Total Boxes
Update Pay Item Numbers (PIN) to conform to 2008 Basis of Estimates book as
follows:
Conductor #10 - 715-1-112 to 715-1-11
Conductor #8 -715-1-113 to 715-1-12
Conductor #6 - 715-1-114 to 715-1-12
Conduit (underground) - 715-2-115 to 715-2-11
Conduit (under pavement) -715-2-215 to 715-2-12
Aluminum Light Pole - 715-624-404 to 715-4-112
Sheet L-3
- Update Pay Items as on Sheet L-2 (see above)
- Provide "Grand Total" for all quantities
Sheet L-4
3)
ADDENDUM #3
- Based on a review of the Florida Building Code 2007 and the location of Santa
Barbara Boulevard, the Wind Speed under Lighting Design Criteria was
changed from 100 mph to 150 mph.
Sheet L-22
- Change station number in title block from 408+00.00 to 408+06.47
7) Signal Plan Revisions
Sheet T-2
- Concrete Pole (Type II) updated to 641-2-12
- Mast Arm Poles to 649-31-199
- Pedestrian Signal Head (One Way) changed from 653-181 and 653-182 should
to 653-191 and 653-192 respectively as they are all called out as LED
Countdown Heads
- Overhead street name sign PIN should be updated from 699-1-11 to 699-1-1
Sheet T-4
- Update Pay Items as on Sheet L-2 (see above)
Sheet T-5
- Update Pay Items as on Sheet L-2 (see above)
Sheet T-9
- The structural sheet (T ,.9) for the mast arm poles is now included
8) Fixed Allowances on Bid Form
The following Fixed Allowance Items have been revised:
- CC 950-RDW Roadway Items Allowance from $ 2,150,000 to $ 1,850,000
- CC 950-UTL Utility Items Allowance from $ 175,000 to $ 450,000
- CC 950-SPM Signing and Pavement from $ 25,000 to $ 10,000
Markings Allowance
- CC 950-SGN Signalization Items Allowance from $ 25,000 to $ 35,000
- CC 950-L TG Lighting Items Allowance from $ 60,000 to $ 90,000
9) Request for verification of the soil specification. The question is whether
percolation is sufficient. Need to review specification and confirm.
a. Exhibit J-1, Median Backfill
A
4
ADDENDUM #3
i. DELETE: "Taken from the Land Development
Code". This is a standard specification that is referenced in the
ROW Handbook which is referenced in the Land Development
Code.
ii. ADD: Exhibit J-1, Median Backfill, Part 1- General,
1.01 Summary, 2. Indicate that the Select Soil is at a 30" Depth.
Refer to the Median Backfill Detail.
iii. ADD: Exhibit J-1, Median Backfill, Part 1- General,
1.02, D, 2, 7. Soil Percolation Test.
Would prefer a line item for both types of soils:
a. ADD: line item and quantity for Median Backfill (18") per Collier County
Detail
b. ADD: line item and quantity 'for Select Soil (30") per Collier County
Detail '
10) Is a substitution allowed for a material which meets AASHTO M 145:A-1 see
AASHTO spec and FOOT select soil specification (see attached FOOT Index 505).
For both the 18" depth and the sub-surface 3D" depth specified? Is one-type of
material option allowed? Thus reducing Transportation delivery costs?
c. RESPONSE: The Collier Median Backfill specification shall take
precedence over FDOT Detail 505. The reference to Detail 505 is for
the 30" Depth of Select Material
d. RESPONSE: Follow the Collier County Specifications for installation,
no substitutions are allowed.
RESPONSE: All median landscaping and irrigation is the property of
Collier County or the Lely Civic Association. The contractor must coordinate
with the Lely Civic Association prior to touching anything in the median. There
is an existing pump station /well (that facilitates their medians) and
surrounding vegetation that will remain in the median.
e. RESPONSE: Contact Information for the Lely Civic Association:
George Ramsey, Lely Civic Association President (239) 732-5504;
11) Question of placement of irrigation sleeves/conduit for future expansion
of landscaping to the East past intersection of Polly and Rattlesnake
Hammock. Do you require sleeves and/or conduit to be installed?
f. RESPONSE: No. At this point we do not need an additional sleeve.
12. Question of existing irrigation in median west of intersection Polly and
Rattlesnake. Do you require contractor to cap off the irrigation or will this be
done by in house or other?
g. RESPONSE: The capping of the irrigation line, removal of irrigation
heads will be done by the in-house irrigation crew or a landscape
contractor.
13. Coordination of removal of existing plant material. Confirmation of
timeline for plant material removal prior to project. For contractor to
)1
ADDENDUM #3
'remove' (without salvage) this insures that the contractor does not anticipate
'salvage '/benefit from taking ownership of palm trees currently on site; also this
allows for contractor to remove it for some reason A TM department selects not
to relocate plants.
h. RESPONSE: Landscape removal/relocation and proposed
planting/irrigation plans are being developed by McGee & Associates.
i. RSH: The foxtail palms need to be relocated; irrigation
heads removed and returned to the County; irrigation line
capped. This will be done separately By the A TM Department.
ii. St. Andrews: All of the plant material will have to be
removed and relocated with the exception of the pump/well and
vegetation around it. The McGee & Associate plans will address
what will need to be moved.
iii. The landscape and irrigation plans will address the
restoration of the medians upon completion of the roadway
project.
Coordination with Lely Civic Association regarding removal of Landscaping
on St. Andrews at Rattlesnake Hammock. George Ramsey, President, Lely
Civic Association should be contacted, (239) 732-5504 or (239) 417-5805;
This area is outside of the Lely MSTU Boundary, however, Bob Slebodnik,
REQUEST/ADD: Limit of work on St. Andrews which indicates existing material to
remain and existing pump/well to remain and be operational through construction.
14. Are the Reclaim Water fittings to be Cement Lined or P410 Epoxy Lined.
Paul Moriarty
Information on reclaimed water main fittings is located in the Collier County Utility
Specifications, Section 02622, Part 2, Section 2.1 Materials.
15. The color of the PVC Pipe for Reclaim Water?
Pantone Purple
16. Is Hot Tap ok for the connection to the Forcemain and Reclaim Water
mains or is Cut-In to be used?
Plans designed with a cut-in
17. Steel Casing sizes listed are 34" for 20" Forcemain, 43" for 30" Forcemain
is this correct?
34" for 20" Reclaimed Water Main - 45" for 30" Force Main
18. What are the sizes of the Air Release Valves, Water?, Sewer Forcemain?,
Reclaim Water?
Refer to General Note 10 on Sheet 3 "All in-line valves shall be main size." A 10"
WM gets a 10" Air Release Valve, a 20" RCWM gets a 20" Air Release Valve, etc.
6)<
ADDENDUM #3
19. Is the survey layout a separate bid item, or is the contractor required to
hire a surveyor for construction layout?
Yes the survey layout is a separate bid item. The contractor may hire a surveyor or
use his own surveyor.
20. The excel spreadsheet for Addendum #2 Bid Schedule appears to have an
error in Line Item #139--Traffic Stripe Solid (Thermoplastic)(6" White) NM
7,859. I believe this quantity should be 7.859 NM KHALlD DESAI
A decimal point should be used instead of a comma to indicate 7.859 NM.
21. There is NO Select fill Item for the Median Backfill?
Median Backfill (CC-2930) is a bid item paid for by the CY. Select Soil per FDOT
Index 505 is A-1, A-3 or A-2-4 material as classified by AASHTO. This Select Soil
material is paid for as Embankment (120-6) and there is no separate pay item.
Contractor must be sure that Select Soil placed under the Median Backfill meets the
infiltration rate requirement as shown on the Median Backfill Detail on Sheet 14.
22. Where are we to place in the bid that we have received Addendums?
Addendums are tracked via our electronic on-ling bidding system. When the
addendums are downloaded from our on-line bidding system by the vendor, the
date/time that the item was read is posted. It is no longer necessary to include this
in your bid package.
23. Is the existing pipe to be tied into, Price Brothers, PVC or DIP?
Existing utility pipe locations are based upon as-built drawings. The as-built
drawings do not indicate a material type and therefore the material type in unknown.
cc: Gary Putaansuu, Project Manager, TECM
Shane Cox, Project Manager, LASIP
Encs: Bid Schedule
Plan Sheets
FDOT Index 505
Soil Spec
Comp Book
Pre-Bid Attendees List
A
7
ADDENDUM #3
EXHIBIT J-1
MEDIAN BACKFILL
Taken from Land Development Code
DIVISION 2
SECTION 2930
MEDIAN BACKFILL I ACCEPTABLE TOPSOIL
PART1-GENERAL
1.01 SUMMARY
1. This section specifies requirements for the preparation, supplying and
spreading of acceptable topsoil at a minimum eighteen-inch (18") depth
within all roadway medians.
2. Beneath the (18" depth) topsoil is a Select (S) Soil which follows FOOT
Standard index #505.
SEE MEDIAN BACKFILL DETAIL
slJ.
1.02 QUALITY ASSURANCE
A. Qualifications
A. Testing Agency: Independent testing laboratory as approved by F.D.O.T. and
Collier County.
B. Test Requirements
1. Prior to delivery to the construction site, submit a representative one pound
sample of acceptable topsoil for analysis to an independent laboratory to
ensure conformance to requirements specified in 2.01. Submit all test results
to the Engineer for written approval before delivery.
2. After delivery of acceptable topsoil to the construction site, submit a
representative one pound sample for analysis to an independent laboratory
to ensure conformance to requirements specified in 2.01. Submit test results
to the Engineer for approval. In the event that the delivered sample is not
consistent with the sample approved prior to delivery, the Engineer will reject
the delivered topsoil.
C. Certification:
1. Prior to delivery of acceptable topsoil to the construction site, furnish the
Engineer with a written statement from topsoil supplier giving the certification
of the soil analysis.
i. Manufacturer's certification and/or testing laboratory clarification that
content of soil conditioners meet specification requirements.
ii. Manufacturer's certificate of fertilizer's chemical composition
including, but limited to, percentage and derivation of nitrogen,
phosphorus, potassium, and micro-nutrients.
iii. Submit all certification to Engineer/Landscape Architect a minimum of
one week prior to, installation of any material.
D. Test Reports:
1. Reports shall be identified by project name, date and soil mix type.
2. The following reports are required:
1. ph range
2. major and minor element analysis
3. soluble salt concentrations
4. sand fraction analysis
5. % Calcium
6. Testing laboratory recommendations as to suitability of soil for
planting and drainage.
1.03 DELIVERY, STORAGE, AND HANDLING
A. Do not deliver the acceptable topsoil to the construction site until the Engineer has
approved in writing the test results for the representative sample.
1.04 SUBMITTALS
A. Test Reports
)<
ADDENDUM #3
Submit laboratory analysis of acceptable topsoil to the Engineer in accordance with 1.02
Section D.
B. Certification
Submit to the Engineer certification required by 1.02.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Topsoil
Topsoil shall be fertile, friable blended or native sandy soil.
1. Acceptable topsoil shall be of uniform quality, free from hard clods, stiff clay,
hard pan, sods, partially disintegrated stone, lime, cement, ashes, slag,
concrete, tar residues, tarred paper, boards, chips, sticks or any other
undesirable material.
2. There shall be no exotic or noxious weeds or weed seeds (Le. Nut grass,
Bermuda grass, sedges and the like).
3. In no case shall there be more than 5% by volume of stones, coarse sand,
gravel or clay lumps larger than one inch (1") in diameter.
4. Acceptable topsoil shall contain a minimum of 2.5% organic matter, not to
exceed 4% as determined by loss on ignition of moisture-free samples and
the ph range shall be 5.0 to 7.5 inclusive and shall contain no substance
which will impede plant growth.
5. Maximum Soluble Salts: 300 ppm
6. Acceptable topsoil shall be graded as follows:
PASSING
RETAINED ON
PERCENTAGE
1" SCREEN
100%
1" SCREEN 2 mm (No.1 0)
Sieve
not more than 5%
7. The components of blended topsoil are peat moss and sand (.05-.002 mm)
or Florida peat, sand (.05-.002mm), wood chips, and compost.
A. Test ph of topsoil and planting soil mixtures by method acceptable to
current industry standards. If ph is not between 5.0 and 7.5, add
approved soil conditioner/additive to bring ph within that range.
10 II
ADDENDUM #3
B. Within the select soil range subsurface drainage is required.
a. Good soil water infiltration and percolation. Water must be able to
penetrate and move through the soil; one-inch per hour is
considered optimal.
b. Good subsurface drainage should be present to a depth of 762
mm (30 inches) -1,219 mm (48 inches) which is the normal
critical rooting zone. There should be no impervious
layer/hardpan, or soil interfaces to disrupt the flow of water
downward and away from the roots.
c. Adequate aeration. Oxygen must be both able to diffuse in from
the atmosphere and be able to move readily through the soil
profile.
d. Desirable soil should have adequate available water holding
capabilities. Soil should be able to retain 10 percent to 15 percent
of the available water after gravitational water has drained away.
C. Physical Soil Characteristics and Infiltration Rates ( Reference FOOT,
"Florida Highway Landscape Guide", April 14, 1995)
PART 3 - EXECUTION
3.01 PREPARATION
SEE MEDIAN BACKFILL DETAIL
3.02 APPLICATION
SEE MEDIAN BACKFILL DETAIL
3.03 CLEANUP
A. Immediately clean up spills, soil and conditioners on paved and finished surface
areas.
B. Remove debris and excess materials from project site daily.
END OF SECTION
11 )
ADDENDUM #3
AASHTO Soil Classification System (from ASTM M 145)
Granular Materials Silt-Clay Materials
General Classification 35% or less passing the 0.075 mm sieve >35% passing the 0.075 mm
sieve
A-1 A-2 A-7
Group Classification A-3 A-4 A-5 A-6
A-1-a A-1-b A-2-4 A-2-5 A-2-6 A-2-7 A-7-5
A-7-6
Sieve Analysis, % passing
2.00 mm (No. 10) 50 max _n --- _n n_ --- _n --- --- n_ ---
0.425 (No. 40) 30 max 50 max 51 max _n --- --- --- _n --- n_ _n
0.075 (No. 200) 15 max 25 max 10 max 35 max 35 max 35 max 35 max 36 min 36 min 36 min 36 min
Characteristics of fraction
passing 0.425 mm (No.
40)
Liquid limit n_ _n 40 max 41 min 40 max 41 min 40. max 41 min 40 max 41 min
Plasticity index 6 max N.P. 10 max 10 max 11 min 11 min 10 max 10 max 11 min 11 mina
Usual types of significant stone fragments, fine silty or clayey gravel and sand silty soils clayey soils
constituent materials gravel and sand sand
General rating as a excellent to good fair to poor
subgrade
aPlasticity index of A-7-5 subgroup is equal to or less than the LL - 30. Plasticity index of A-7-6 subgroup is greater than
LL - 30
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FUEL COST ADJUSTMENT
9-2.1.1 Fuels: The County has estimated the following fuel requirements for gasoline and
diesel to cover the work specified in the Contract:
PAY ITEM ITEM DESCRIPTION UNIT QUANTITY GASOLINE DIESEL
NUMBER{S) (GALLONS) (GALLONS)
0110-1-1 Clearing & Grubbing LS/AC 75.6 2,419 3,450
0120-1 Regular Excavation CY 208,830 585 42,079
0120-4 Subsoil Excavation CY 42,889 184 11,957
0120-6 Embankment CY 223,011 7,605 115,408
0160-4 Type B Stabilization SY 129,839 3,973 15,529
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285-706 Base Optional (Group 6) 1,031 58 222
0285-709 Base Optional (Group 9) SY 116,531 10,750 50,798
0327-70-1 Mill Existing Asphalt Pavement SY 23,849 667 2,174
0327-70-5
0334-1-13
0334-1-135 Superpave Asphalt Concrete TN 117,831 20,738 544,616
0334-1-137A
0337-7-7 Asphalt Concrete Friction Course (Rubber) TN 140,759 24,774 650,590
0400-1-2 Concrete Class I and IV CY 55 14 103
0400-4-1
0415-1-6 Reinforcing Steel LB 1,390 0 2
0425-1- to Drainage Inlets, and Manholes EA 111 146 879
0425-2-
0430-171- to Pipe Culvert (Concrete) LF 18,630 3,157 10,481
0430-174-
0520-1-10 Concrete Curb & Gutter LF 43,819 0 7,911
0522-1 Concrete Sidewalk 6-inch SY 14,003 0 3,931
TOTAL *(GALLONS) 75,070 1,460,130
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~ COLLIER COUNTY GOVERNMENT
PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST
ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G"
NAPLES, FLORIDA 34112
(239) 252-8446
FAX (239) 252-6697
www.colliergov.net/purchasing
ADDENDUM
DATE: July 23, 2008
TO: Interested Bidders
FROM: Brenda Brilhart, CPPB, Purchasing Agent
SUBJECT: Addendum # 1, Bid # 08-5106 - "Santa Barbara Boulevard Extension
(Rattlesnake Hammock Road to Davis Boulevard)
Addendum #1 covers the following change for the above-referenced solicitation:
ADD: AWARD CLAUSE: This project can be awarded in total or just Phase I.
· LASIP Project Specs
· The contractor shall obtain any and all dewatering permits needed to construct
this project and bear sole responsibility for complying with all requirements of the
permitting agencies.
.
· To Exhibit M: SECTION 449 - PRECAST CONCRETE DRAINAGE PRODUCTS
· ARTICLE 449-1 The second paragraph of the article is expanded as follows:
"All concrete pipe shall be steel reinforced and Class III in accordance with
ASTM C 76."
· Don't know where I got the 60 days for final completion, but if you want 30 we
can see if Brenda can change by addendum.
~
'"
. ~
· Alternates Drainage Products will not be considered.
REPLACE:
· Fuel Cost Adjustment Table with the attached.
· Revised plan sheets
· PDF file of the added comp book sheet for item 110-3.
· Bid Schedule - Bidder must submit Addendum bid schedule to be considered for
award.
CLARIFICATION:
Drainage Products: Reinforced Concrete Culvert Pipe is specified for use on this
project.
QUESTIONS & ANSWERS:
1) Will the County be paying for all testing (soils, roadway, curbing) on the project, or
will the contractor be responsible for testing? YES
2) The fuel adjustment table on page GC-CA-I-3 does not represent the items on the
bid schedule correctly. Will this be corrected prior to bid or contract? Fuel cost
adjustments will be paid on items within the road project (not for the LASIP portion).
3) Is Collier County going to purchase materials for this project (GC-CA-H-23
Item 3a - The county will do direct purchase of materials to realize sales tax savings.
This will be discussed further at the Pre-bid meeting.
4) Who is going to do Layout & Testing? - If this is for the asphalt we will direct the
contractor where to take the cores
5) Is there a list of Contractors and Sub Contractor that can bid this project? Please
see Plan-holders list on the On-Line Bidding Site.
6) In the LASIP area that has to be cleared and Sodded, is the sod quantity in the Sod
item? YES
7) Is the LASIP Maintenance Rd. to be Primed and Sanded? Page 63 og 225 in the
Plans say 9"ABC-3, is it ABC-3 or SP-12.5 TrafficB? 6" Limerock Base Primed per
FDOT specs.
)
4) Has any environmental study identified the presence of Listed Species within 25 feet
of the project limits? Environmental studies were performed and no species were
found. As part of the SFWMD permit, the County is required to perform another Big
Cypress Fox Squirrel study just prior to construction to confirm this.
cc: Gary Putaansuu, Project Manager, TECM
Shane Cox, Project Manager, LASIP
(h
.
.
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Santa Barbara~oulevard Extension
(Rattlesnake HammockRoad to Davis Boulevard)
BID NO. 08-5106
Full Name of Bidder Astaldi Construction Corporation
Main Business Address 8220 State Road 84. Suite 300. Davie. FL 33324
Place of Business 8220 State Road 84. Suite 300 Davie. FL 33324
Telephone No.
954-423-8766
Fax No.
954-423-2597
State Contractor's License #
QB17270/ CGC042044
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this Bid
as principals are those named herein, that this Bid is submitted without collusion with any
other person, firm or corporation; that it has carefully examined the location of the
proposed Work, the proposed form of Agreement and all other Contract Documents and
Bonds, and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools, apparatus
and other means of construction, including utility and transportation services necessary to
do all the Work, and furnish all the materials and equipment specified or referred to in the
Contract Documents in the manner and time herein prescribed and according to the
requirements of the Owner as therein set forth, furnish the Contractor's Bonds and
Insurance specified in the General Conditions of the Contract, and to do all other things
required of the Contractor by the Contract Documents, and that it will take full payment the
sums set forth in the following Bid Schedule.
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your bid
pages.
GC-P-1
M
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MATERIAL MANUFACTURERS
The Bidder is required to state below, material manufacturers it proposes to utilize on this
project. No change will be allowed after submittal of Bid. If substitute material proposed
and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named
in the specification. Acceptance of this Bid does not constitute acceptance of material
proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED
NON-RESPONSIVE.
MATERIAL
MANUFACTURER
1. See Attached
2.
3.
4.
5.
Dated August 15. 2008
Astaldi Construction co~n
BU L/
BY: ~()
GC-P-3
.
. .
Astaldi Construction Corporation
8220 State Road 84, Suite 300
Davie, Florida 33324
Phone: 954-423-8766. Fax: 954-423-2597
SANTA BARBARA EXTENSION
Rattlesnake Hammock Road to Davis Boulevard
Collier County Bid # 08-5106
Collier County, Florida
MATERIAL MANUFACTURERS
Material
Aluminum Weir Gates
Manufacturer
The Mack Company
1300 Corporate Center Way
Suite 10SF
Wellington, FL 33414
Rebar
Gerdau Ameristeel
4006 Paul Buchman Hwy
Plant City, FL 33565
Concrete Ready Mix
Cemex
Naples, FL
Aggregates
Bonita Grande Aggregates
25501 Bonita Grande Drive
Bonita Springs, FL 34135
MOT Traffic Rental Items
Bob's Barricades Inc.
921 Shotgun Road
Sunrise, FL 33326
.
.
LIST OF SUBCONTRACTORS
The undersigned states that the following is a full and complete list of the proposed
Subcontractors it intends to use on this Project with respect to the categories of work
identified below, and that such list will not be added to nor altered without the prior written
consent of the Project Manager. The undersigned further acknowledges its responsibility
for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance
87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable
to and necessitated by the Contract Documents, including, but not limited to proper
licenses, certifications, registrations and insurance coverage. The Owner reserves the right
to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its
bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any
Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this
requirement either before or after the issuance of the Award of Contract by Owner. THIS
LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach
additional sheets as needed). Further, the undersigned acknowledges and agrees that
promptly after the Award of Contract, and in accordance with the requirements of the
Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to
use on the Project. The undersigned further agrees that all Subcontractors subsequently
identified for any portion of work on this Project must be qualified as noted above.
1.
CateQorv of Work
See Attached
Subcontractor and Address
2.
3.
4.
5.
Dated Auqust 15. 2008
BY:
GC-P-4
.
. .
Astaldi Construction Corporation
8220 State Road 84, Suite 300
Davie, Florida 33324
Phone: 954-423-8766. Fax: 954-423-2597
SANTA BARBARA EXTENSION
Rattlesnake Hammock Road to Davis Boulevard
Collier County Bid # 08-5106
Collier County, Florida
Catee:ol'Y of Work
Aerial/video Photos
Asphalt
Concrete Flat work
Sound Wall
Landscape
Clearing & Grubbing
Grade site earthwork
Sanitarylwater
Underground
Sign/electrical
Survey
Plants Littoral Zone
LIST OF SUBCONTRACTORS
Subcontractor and Address
Aero Photo
4000 1~ Street North
St. Petersburg, FL 33703
Better Roads Inc.
1910 Seward Ave.
P.O. Box 9979
Naples, Fl34101
Curb Systems of SW FI & Sarasota LLC.
10964 K-Nine Dr
Bonita Springs, FL 34135
Duratek Precast Technologies
2180 American Flyer Way
Brooksville, FL 34606-6829
Greener Grass
3727 Prospect Ave
Naples FL 34104
}
Gustafson Construction Inc.
13700 Cypress Terrace Circle
Fort Myers, FL 33907
IDghway Safety Devices
6480 Harney Road
Tampa, FL 33610
Hole Montes Engineers
950 Encore Way
Naples, FL 34110
Kate;s Enviro Fencing
3435 Quail Dr.
Bonita Springs, FL 34134
.
.
August 18, 2008
Catee:ol'Y of Work
Subcontractor and Address
Erosion Control
TLC Silt Fence LLC
PO Box 1112
Labelle,FL 33975
Pavement Marking
Traffic Control Products of FL Inc
5514 Carmack Road
Tampa, FL 33610-9146
.
.
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within the
last five years is a judge of its experience, skill and business standing and of its ability to
conduct the work as completely and as rapidly as required under the terms of the
Agreement.
Proiect and Location
Reference
1.
SR45 (US41 Bonita Spring)
Lee County (FDOT - District 4)
SR826 (Palmetto Expressway)
Miami-Dade (FDOT-District 6)
Bolton, Phone#305-470-5771
KCCS, Inc. Mr. Scott Woss. P.E.
Phone#239-278-5999
2.
Bolton, Perez & Assoc. Mr. John
3.
SR9 (1-95) Palm Beach County
(FDOT - District 4)
The Corradino Group, Mr. Robert
Audette, Phone#561-805-7550
4.
Immokalee - In Progress
Consul- Tech, Mr. John Rowell
Collier County - (BCC)
Phone# 239-643-5132
5.
Santa Barbara-In Progress
Consul- Tech, Mr. John Rowell
Collier County - (BCC
Phone# 239-643-5132
6.
Dated AUQust 15. 2008
Astaldi Construction Corporation
Bidder
cff:rrI
BY:
GC-P-5
.
.
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid Price
are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized below:
Trench Safety
Measure
(Description)
Units of
Measure
(LF.SY)
LS
Unit
(Quantity)
Unit
Cost
Extended
Cost
Trench Box,
Slope
Excavation
and use of
Ladder
1
$10,000.00
$10,000.00
1.
2.
3.
4.
5.
TOTAL
$ 10.000.00
Failure to complete the above may result in the Bid being declared non-responsive.
Dated AUflust 15. 2008
BY:
GC-P-6
.
.
AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS
ITB#:08-5106
STATE OF FLORIDA and the COUNTY OF COLLIER
BIDDER AFFIRMS THAT IT IS A LOCAL BUSINESS AS DEFINED BY THE
PURCHASING POLICY OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AND THE REGULATIONS THERETO.
AS DEFINED IN SECTION XI OF THE COLLIER COUNTY PURCHASING POLICY;
"Local Business" means a Collier County business that has a valid occupational license
issued by Collier County at least one year prior to bid or proposal submission to do
business within Collier County that authorizes the business to provide the commodities or
services to be purchased, and a physical business address located within the limits of
Collier County from which the vendor operates or performs business. Post Office Boxes
are not verifiable and shall not by used for the purpose of establishing said physical
address. In addition to the foregoing, a vendor shall not be considered a "local business"
unless it contributes to the economic development and well-being of Collier County in a
verifiable and measurable way. This may include, but not be limited to, the retention and
expansion of employment opportunities, the support and increase to the County's tax
base, and residency of employees and principals of the business within Collier County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting
their bid or proposal to be eligible for consideration as a "local business" under this
section. A vendor who misrepresents the Local Preference status of its firm in a proposal
or bid submitted to the County will lose the privilege to claim Local Preference status for a
period of up to one year.
Please provide the following information for the Bidder:
Year Business Established in Collier County: 2006 - (Please see attached Letter)
Number of Employees (Including Owner(s) or Corporate Officers): 130
Number of Employees Living in Collier County (Including Owner(s) or Corporate
Officers): 36
If requested by the County, bidder will be required to provide documentation substantiating
the information given in this affidavit. Failure to do so will result in bidder's submission
being deemed not applicable.
GC-P-7
.
Astaldi Construction Corporation
Bidder Name
dk~
Signature
Mario Lanciani - Executive Vice President/CEO
Title
STATE OF FLORIDA
COUNTY OF COLLIER
.
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on
this 15th Day of AUQust ,2008
My Commission Expires:
10-30-2010
(AFFIX OFFICIAL SEAL)
N~I~: PUElle-STATE OF FLORIDA
(W",: Vincelyn Ridley
\~jCon:-mission #DD610213
'""....-- fuqJ1res: OCT. 30, 2010
BONDED THRU ATIANTIC BONDING CO., INC.
GC-P-8
. .
A
Astaldi Construction Corporation
July 21, 2008
Ace Letter No: 0020
Brenda Brilhart
Collier County
Purchasmg Department
3301 Tamiami Trail East Building G
Naples, Florida 34112
RE: Jmmokalee Road Design I Build Project
Collier County Contract No: 05.3770
Collier County Project No: 66045
ACC Job No.: H0706
. Subject: Astaldi Construction Corporation Request to be considered a Local Business
Dear Brenda,
Astaldi Construction Corporation (ACC) would like to be considered a Local Business here in Collier County and offers our
past/present situation here in Collier County.
ACC signed its first Contract with Collier County in June of 2006, and has performed 56 million dollars of work for Collier County
. over the past two (2) years.
To benefit the work being performed ACC elected to establish Permitted job site trailers that impaet fees have been paid on. Each
location has a physical address with a mailbox. By utilizing these Permitted job site trailers it was not required of ACC to procure
an occupational license here in Collier County all that was required was for ACC to fill out a registration form and submit a $10.00
registration fee.
ACC employs 75 people here in Collier County and of those 15 own properties in Collier County, 50-pay rent in Collier County, and
the other 10 live in nearby Lee County.
ACC believes in contributing to the communities in which we work. Within the past two years ACC and our employees' have
contributed over 320 man hours to the Habitat for Humanity program, contributed 30 man hours of MOT services to the Winter
Festival event, and sponsored the SWF Youth Symphony/Orchestra.
With the Imm.okalee Road Project coming to a close ACC has procured office space (3825 Beck Blvd. #722, Naples Florida) and
will be acquiring a valid occupational license in the near future. It is ACC intent to continue to perform work and contribute to the
Economy/Communities of Collier County.
ACe-feels it should be considered a Mlcal, Contractor here in Collier County.
Electronic cc: Jay Ahmad, Norman Feder, Nick Casalanguida, Mike Green, Ed Martin, Steve Ritter, Andrea Bozzelli, Mario Lanciani
8220 West S.R.84 Suite 300
Davie, Florida 33324
Telephone: (954) 423 8766, Fax: (954) 423 2597
.
.
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and
deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract
Documents. The bid security attached is to become the property of the Owner in the event
the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner
within the time above set forth, as liquidated damages, for the delay and additional
expense to the Owner, it being recognized that, since time is of the essence, Owner will
suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the
required Agreement, Insurance Certificates and Bonds within the required time period. In
the event of such failure, the total amount of Owner's damages, will be difficult, if not
impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate
and fair that Owner receive liquidated damages from the Successful Bidder in the event it
fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required
hereunder. The Successful Bidder hereby expressly waives and relinquishes any right
which it may have to seek to characterize the above noted liquidated damages as a
penalty, which the parties agree represents a fair and reasonable estimate of Owner's
actual damages at the time of bidding if the Successful Bidder fails to execute and deliver
the Agreement, Insurance Certificates, and Bonds in a timely manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at the
site within 5 calendar days from the commencement date stipulated in the written Notice to
Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a
modified (later) commencement date. The undersigned further agrees to substantially
complete all work covered by this Bid within four hundred and eighty (480) consecutive
calendar days, computed by excluding the commencement date and including the last day
of such period, and to be fully completed to the point of final acceptance by the Owner
within sixty (60) consecutive calendar days after Substantial Completion, computed by
excluding commencement date and including the last day of such period.
Respectfully Submitted:
State of Florida
County of Broward
Mario Lanciani/Astaldi Construction CorlJoration , being first duly sworn on
oath deposes and says that the Bidder on the above Bid is organized as indicated and that
all statements herein made are made on behalf of such Bidder and that this deponent is
authorized to make them.
Mario Lanciani/Astaldi Construction CorlJoration . also deposes and says
that it has examined and carefully prepared its Bid from the Bidding Documents, including
the Contract Drawings and Specifications and has checked the same in detail before
submitting this Bid; that the statements contained herein are true and correct.
(a) Corporation
The Bidder IS a corporation organized and existing under the laws of the State of
Florida which operates under the legal name of
GC-P-9
.
.
Astaldi Construction Corporation
officers are as follows:
, and the full names of its
President Mr. Paolo Astaldi
Secretary Mr. Andrea Bozzelli
Treasurer Mr. Bartolomeo Bonfiali
Manager
's authorized to sign construction bids and
a on of its Board of Directors taken
certified copy of which is hereto attached (strike
(b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose
full names are as follows:
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is
and if operating under a trade name, said trade name is
DATED /l1t.6'-1U1.'T IS cJ C)chf'
-
u~b~-
legal entity
BY:
Astaldi Construction Corporation
Nameo~~
C/,Q
Signature
Mario Lanciani -EVP/CEO
Title
GC-P-10
.
.
STATE OF Florida
COUNTY OF Broward
The foregoing instrument was acknowledged before me this 15th day of AUQust
2008, by Mario Lanciani ,as EVP/CEO
Astaldi Construction Corporation ,a Florida
behalf of the corporation. He/she is personally known to me
My Commission Expires: 10-30-2010
NOTARY PUBLIC-STATE OF FLORIDA
{Q:':, VincelY::1 Ridley
\~ }Co~missicn #DD610213 NAME:
'",,,,,.,,, Exprres: OCT. 30, 2010
BONDED THRU Al1.ANTIC BONDING cO.,INe.
,
of
corporation, on
or has produced
as identification
and did (did not) take an oath.
Vincelvn Ridlev
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of Florida
GC-P-11
.
.
. ,
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we Astaldi Construction Corporation
(herein after called the Principal) and
Fidelity and Deposit Company of Maryland , (herein called
the Surety), a corporation chartered and existing under the laws of the State of
Maryland with its principal offices in the city of Baltimore and
authorized to do business in the State of Florida are held and firmly bound
unto the Board of County Commissioners of Collier County, FL (hereinafter called the
Owner), in the full and just sum of Five Percent of the Amount Bid dollars
($ 5% of the Amount Bid ) good and lawful money of the United States of America, to be
paid upon demand of the Owner, to which payment well and truly to be made, the Principal
and the Surety bind themselves, their heirs, and executors, administrators, and assigns,
jointly and severally and firmly by these presents. Whereas, the Principal is about to
submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment
and incidentals necessary to furnish, install, and fully complete the Work on the Project
known as
Santa Barbara Boulevard Extension
(Rattlesnake Hammock Road to Davis Boulevard)
Bid No. 08-5106
NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the
PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after
the date of a written Notice of Award in accordance with the terms of such Bid, and give
such bond or bonds in an amount of 100% the total Contract Amount as specified in the
Bidding Documents or Contract Documents with good and sufficient surety for the faithful
______Rerfor'!l?Q9.~_.9Ub~_Agreement and for the QromP-tRaY!J]ent of labor, materials and sURRlies
furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter
into such Agreement or to give such bond or bonds, and deliver to Owner the required
certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of
$ 11,128.45 per . . '. d'
Cl'llpnrl::lr rll'l)' noted above as liqUIdated damages, and not as a penalty, as prOVIde In
the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full
force and effect.
GC-P-12
.
.
BY
IN, TESTIMONY Ther~of, the Principal and Surety have caused t~f;)S~r~~~:e~~~ to
be duly signed and sealed this 6th day of Auqust . 200~J~' '\)O:.~",.,I,;<(/':z;.
It ~ ~t~_~lV \ _~;>L\~~.~~
@' ~i:'!>! ....,:/ \'1~~ ~
~\ r ~ F.trincloal. .,-~. ,
\ ~?,;.~~C" 'Lf~~ ',~ ":>~~/
\ <:.;lS:e'a I' ~ .' ,;,\,:','
r". '\>. () , " ,J.-~' r\ ,2\ - ...'
// ~,' l' 4"t _^> '1. \?"~",,
\,",,;,. t C~:.), . ~Io,.~.;.",
,,' Surety":",
seph M P"etrangelo "0 ,v, ,V, ,f c
'.. ' ;<.., r'. ~.f . '. '.'. ...#.'.'.."......
-In-Fact (Sea:i}'\:),~:1r~'iJ:.ff,
~ . (.J /- -.",,,rl">. -
J s ph M, Pietrangelo ''t:f:::./ ..;.j; (1;):<;' ',~'
R 'd A " 0j , ,,~- .;' '."
eSI ent gent %)~?(~, xR <
~_~' ~\ "4,'_,~ "d ~. ':-"
" 0 Y., "~!. ;
" Q, ~,:.
Aon Surety, 1001 Brickell Bay Drive, Suite 1100, Miami, FL 33131
Local Resident Produ
GC-P-13
.
.
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company ally bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affIx the seal of the Company thereto."
CERTIFICATE
I, the undersigned, As.sistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; arid I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the lOth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affIxed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
d,~i.r("",
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August
2008
day of
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Assistant Secretary
.
.
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary,
in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, . are set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date e, des by nominate, constitute
and appoint Paul RODRIGUEZ, Claudette ALEXANDER, Caroline il J . PIETRANGELO,
all of Miami, Florida, EACH its true and lawful agent and m" d deliver, for, and on
its behalf as surety, and as its act and deed: any an 0 s ~e xecution of such bonds or
undertakings in pursuance of these prese' I . in . , as fully and amply, to all intents and
puq>O,", '" "'they had boen d G' t ~~~ gulorly olocred Offi"". of the Company at its office
in Baltimore, Md., ~p p~~~ey revokes that issued on behalf of Joseph M.
PIETRANGELO, dWi'I'GL~1'~~riliffitffiz, dated August 28, 2006.
Th. e said Assistant ~... 0 k~ \Re~~ certify that.. th...e extract.se.t :6..0. rth. .... on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Ui~d Company, and is now in force. "'C-'.. .. .
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affIxed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 1st day of July, A.D.
2008.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
~}),~
By:
Assistant Secretary William J. Mills
/vt /lI
Eric D. Barnes
Vice President
S~te ofM~land }ss: ,,( ,,'., .'",
CIty ofBa1tlmore \. \ \". -
On this 1st day of July, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland; duly coinmissioned
and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretarj6-f the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers. described in and
who executed the preceding instrument, and they each acknowledged the execution of the same, and bei~g by. me duly sworn,
severally and each for himself deposeth and saith, that they are the said officers of the Company aforesald,"and that the seal
affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
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Maria D. Adamski Notary Public
My Commission Expires: July 8, 2011
POA-F 031-2075
.
.
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The pri<;:~ extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. Local Vendor Preference Affidavit completed.
8. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers
check has been included.
9. Any addenda have been signed and included.
10. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government Center
Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
11. The mailing envelope must be sealed and marked with:
~Bid Number;
~Project Name;
~Opening Date.
12. The Bid will be mailed or delivered in time to be received no later than the specified
openinQ date and time. (Otherwise Bid cannot be considered.)
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
Astaldi Construction CorJJoration
Bidder ~~ /
e/7 0 ~ EVP/CEO
Signature & Title
DATE: August 15, 2008
GC-P-14
.
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
.
CONSTRUCTION INDUSTRY LICENSING BOARD
. 1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
(850) 487-1395
ASTALDI CONSTRUCTION CORPORATION
8220 STATE ROAD 84
SUITE 300
DAVIE FL
DETACH HERE
STATE OF FLO.A
.
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
(850) 487-1395
NASH, MICHAEL D
ASTALDI CONSTRUCTION CORPORATION
3115 N E 19TH STREET
FT LAUDERDALE FL 33305
Congratulations! With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you better.
For information about our services, please log onto www.myfloridalicense.com.
There you can find more information about our divisions and the regulations that
impact you, subscribe to department newsletters and learn more about the
Department's initiatives.
Our mission at the Department is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license!
DETACH HERE
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11~
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
("Owner") hereby contracts with Astaldi Construction Corporation ("Contractor") of
8220 State Road 84, Suite 300, Davie, Florida 33324, a Florida corporation, authorized
to do business in the State of Florida, to perform all work ("Work") in connection with
Santa Barbara Boulevard Extension (Rattlesnake Hammock Road to Davis
Boulevard), Bid No. 08-5106 ("Project"), as said Work is set forth in the Plans and
Specifications prepared by Agnoli, Barber & Brundage, Inc., the Engineer and/or Architect
of Record ("Design Professional") and other Contract Documents hereafter specified.
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in
Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed
and issued addenda, Change Orders, Work Directive Changes, Field Orders and
amendments relating thereto. All of the foregoing Contract Documents are incorporated by
reference and made a part of this Agreement (all of said documents including the
Agreement sometimes being referred to herein as the "Contract Documents" and
sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract
Documents shall be maintained by Contractor at the Project site at all times during the
performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and workmanlike
manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the followin amount herein "Contract Amount", in
accordance with the terms of this Agreement:
)
GC-CA-l
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in
Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid
by Contractor. The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to Owner;
provided, however, the surety shall meet the requirements of the Department of the
Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable
Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This
circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should
the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S.
shall govern the rating and classification of the surety.
B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet
the requirements imposed by the Contract Documents, the Contractor shall, within five (5)
calendar days thereafter, substitute at its cost and expense another bond and surety, both
of which shall be subject to the Owner's approval.
Section 5. Contract Time and Liauidated Damages.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be issued
by the Project Manager, as hereinafter defined. Contractor shall commence the Work
within five (5) calendar days from the Commencement Date. No Work shall be performed
at the Project site prior to the Commencement Date. Any Work performed by Contractor
prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall
achieve Substantial Completion within four hundred and eighty (480) calendar days from
the Commencement Date (herein "Contract Time"). The date of Substantial Completion of
the Work (or designated portions thereof) is the date certified by the Design Professional
when construction is sufficiently complete, in accordance with the Contract Documents, so
Owner can occupy or utilize the Work (or designated portions thereof) for the use for which
it is intended. Contractor shall achieve Final Completion within sixty (60) calendar days
after the date of Substantial Completion. Final Completion shall occur when the
Agreement is completed in its entirety, is accepted by the Owner as complete and is so
stated by the Owner as completed, As used herein and throughout the Contract
Documents, the phrase "Project Manager" refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
B. Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement,
Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within
the time specified above, as said time may be adjusted as provided for herein. In such
event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely
ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the )h
GC-CA-2
number of calendar days established herein, Owner shall be entitled to assess, as
liquidated damages, but not as a penalty, eleven thousand one hundred and twenty
eighty dollars and forty five cents ($11,128.45) for each calendar day thereafter until
Substantial Completion is achieved. Further, in the event Substantial Completion is
reached, but the Contractor fails to reach Final Completion within the required time period,
Owner shall also be entitled to assess and Contractor shall be liable for all actual damages
incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The
Project shall be deemed to be substantially completed on the date the Project Manager (or
at his/her direction, the Design Professional) issues a Certificate of Substantial Completion
pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any
right which it may have to seek to characterize the above noted liquidated damages as a
penalty, which the parties agree represents a fair and reasonable estimate of the Owner's
actual damages at the time of contracting if Contractor fails to Substantially or Finally
Complete the Work within the required time periods.
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude the
first day and include the last day of such period. If the last day of any such period falls on
a Saturday or Sunday or on a day made a legal holiday by the law of the applicable
jurisdiction, such day shall be omitted from the computation, and the last day shall become
the next succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regardless of whether the Contract Time is stipulated in calendar days or
working days, the Owner will count default days in calendar days.
E. Right of Collection.
The Owner has the right to apply any amounts due Contractor under this Agreement or
any other agreement between Owner and Contractor, as payment on such liquidated
damages due under this Agreement in Owner's sole discretion. Notwithstanding anything
herein to the contrary, Owner retains its right to liquidated damages due under this
Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to
continue and to finish the Work, or any part of it, after the expiration of the Contract Time
including granted time extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and Owner
elects to complete the Work, in whole or in part, through another contractor or its own
forces, the Contractor and its surety shall continue to be liable for the liquidated damages
under the Agreement until Owner achieves Substantial and Final Completion of the Work.
Owner will not charge liquidated damages for any delay in achieving Substantial or Final
Completion as a result of any unreasonable action or delay on the part of the Owner.
G. Final Acceptance by Owner.
The Owner shall consider the Agreement complete when the Contractor has completed in
its entirety all of the Work and the Owner has accepted all of the Work and notified the
Contractor in writing that the Work is complete. Once the Owner has approved and
GC-CA-3
~
accepted the Work, Contractor shall be entitled to final payment in accordance with the
terms of the Contract Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third party
as a result of Contractor's failure to fulfill all of its obligations under the Contract
Documents. Owner's recovery of any delay related damages under this Agreement
through the liquidated damages does not preclude Owner from recovering from Contractor
any other non-delay related damages that may be owed to it arising out of or relating to
this Agreement.
Section 6. Exhibits Incorporated.
The following documents are expressly agreed to be incorporated by reference and made
a part of this Agreement.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by Agnoli, Barber & Brundage
and identified as follows: Santa Barbara Boulevard Extension
(Rattlesnake Hammock Road to Davis Boulevard)
as shown on Plan Sheets 1 through 219.
Contractor's List of Key Personnel
Section 7. Notices
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile,
addressed to the following:
Mr. Joe Delate, Sr. Project Manager
Transportation Engineering and Construction Management (TECM)
Collier County Government
2885 S. Horseshoe Drive
Naples, Florida 34104
(239) 252-8192
~
GC-CA-4
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail
or Facsimile, addressed to the following:
John Morgan, Project Manager
Astaldi Construction Corporation
8220 State Road 84, Suite 300
Davie, Florida 33324
(954) 423-8766
(954) 423-2597 (Fax)
C. Either party may change its above noted address by giving written notice to the
other party in accordance with the requirements of this Section.
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges that it has
been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes
which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of
real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list."
Section 9. Modification.
No modification or change to the Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assians.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to
the benefit of the successors and assigns of the parties to the Agreement.
Section 11. Governina Law.
The Agreement shall be interpreted under and its performance governed by the laws of the
State of Florida.
Jl
GC-CA-5
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone or more of
the provisions of the Agreement shall not be construed to be and shall not be a waiver of
any such provision or provisions or of its right thereafter to enforce each and every such
provision.
Section 13. Entire Agreement.
Each of the parties hereto agrees and represents that the Agreement comprises the full
and entire agreement between the parties affecting the Work contemplated, and no other
agreement or understanding of any nature concerning the same has been entered into or
will be recognized, and that all negotiations, acts, work performed, or payments made prior
to the execution hereof shall be deemed merged in, integrated and superseded by the
Agreement.
Section 14. Severability.
Should any provision of the Agreement be determined by a court to be unenforceable,
such a determination shall not affect the validity or enforceability of any other section or
part thereof.
Section 15. Change Order Authorization.
The Project Manager shall have the authority on behalf of the Owner to execute all
Change Orders and Work Directive Changes to the Agreement to the extent provided for
under the Owner's Purchasing Policy and accompanying administrative procedures.
Section 16. Construction.
Any doubtful or ambiguous language contained in this Agreement shall not be construed
against the party who physically prepared this Agreement. The rule sometimes referred to
as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which
appears on its face to have been inserted for the benefit of one of the parties shall be
construed against the benefited party) shall not be applied to the construction of this
Agreement.
Section 17. Order of Precedence
I n the event of any conflict between or among the terms of any of the Contract Documents,
the terms of the Construction Agreement and the General Terms and Conditions shall take
precedence over the terms of all other Contract Documents, except the terms of any
Supplemental Conditions shall take precedence over the Construction Agreement and the
General Terms and Conditions. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
the Construction Agreement and the General Terms and Conditions, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents
upon the Contractor at Owner's discretion.
Gc-cA-6
)l
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s)
indicated below.
TW~
FIRST WITNESS
A"u1n 'EPr -'EoZZE Ll-:
1/ Type/Print Name
f~ L~
SECOND I~NESS .. -._.~
VllYceLJlnI ~J LEY
Type/Print Name
Ap ve s 0 Form
and Legal Sufficiency:
~~~
Assistant County Attorney
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GC-CA-7
CONTRACTOR:
By:
Astaldi~ C;7ion
11/ IMI 0 IJJ/Yc/f}IV( --e~tjCtfo
Type/Print Name a~d Titl
OWNER:
BOARD OF COUNTY COMMISSIONERS OF
COLLI::GOUI~
Tom Henning, Chairman
" 11
EXHIBIT A
PUBLIC PAYMENT BOND
Santa Barbara Boulevard Extension
(Rattlesnake Hammock Road to Davis Boulevard)
Bond No. CMB08930235
Contract No. 08-5106
KNOW ALL MEN BY THESE PRESENTS: That
Astaldi Construction Corporation
and Fidelity and Deposit Company of Maryland
Surety, located at 1400 American Lane, Schaumburg, IL 60196
(Business Aqgress) are held and firmly bound to The Board of County Commissioners-Collier Co~ty. FL as
Obligee in the sum of Eighteen Million Nine Hundred Forty Seven Thousand Nine Hundred Seventy Nine and 12/100 Dollars
($18.947.979.12 ) for the payment whereof -we bind ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
as
Principal,
, as
WHEREAS, Principal has entered into a contract dated as of the _ day of
2008, with Obligee for Santa Barbara Boulevard-Rattlesnake Hammock Road to Davis Blvd. in
accordance with drawings and specifications, which contract
is incorporated by reference and made a part hereof, and is referred to herein as the
Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal
in the prosecution of the work provided for in the Contract, then this bond is void; otherwise
it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In no
event will the Surety be liable in the aggregate to claimants for more than the penal sum of
this Payment Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this 9th day
of October 2008, the name of each party being affixed and these presents duly
signed by its under-signed representative, pursuant to authority of its governing body.
)
GC-CA-A-1
J._f
l'
Signed, sealed and delivered
in~
PRINCIPAL
flA/1tZEif 730ZZE LL.,' BY:
Witnesses as to Principal NAME:
STATE OF f-LIJ/W:;A ITS: Z'. ~~'~!1j
COUNTY OF fJJ~oWf11<JJ >3~...ff'?~,rt\;~~\t:?'.,~
'. ~';,.~! '. :-~.i1~~.~ f. , ~~"",">l~::'" ",
The foregoing instrument was ack~owledged before me this / Of/.. da-Y: ~f<tJi/~~~0;; ..
20&, by !nfJAID fJtrvclalV( ,as ~ 1/ fJ / LI? 6 "CC'".,.'- of
{fS1IUhl (I{){'{STAUC1/(jrY (bAfbAnT!D/V, a FLLJ~/bl+ corporation, on behalf of the
corporation. He/she is... personally known to me OR has produced as
identification and did (did not) take an oath.
~ "M' ",
My Commission Expires: 10 - aD . .:2-0/0
NOTARY PUBLIC-STATE OF FLORlDA
.::-ij"'';. Vincelyn Ridley
~, . }Co~mission #DD610213
""",,,,- Expires: OCT. 30, 2010
BONDED THRU ATLANTIC BONDING CO,. INC.
NAME:
t-
otary)
t1/VCEL YIV fi IJtllV
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of F La!., ~A
Commission No.: ]) hb/bd-/3
SURETY:
ATTEST:
Fidelity and Deposit Company of Maryland
(Printed Name)
1400 American Lane
Schaumburg, IL 60196
(Business Address
(Authorized Signature)
Witnesses to Surety
(Printed Name)
GC-CA-A-2
" '! I c ~. ~}
s. ~ , ...
OR
.--
c--
~~:L
Caroline K. Lamarre, Attorney-In-Fact
Witnesses Claudette Alexander
(Printed Name)
Aon Surety
1001 Brickell Bay Drive, Suite 1100
Miami, FL 33131
(Business Address)
305-961-6075
(Telephone Number)
STATE OF
COUNTY OF
Florida
Miami-Dade
The foregoing
October
instrument was acknowledged before me this 9th day of
2008, by Caroline K. Lamarre , as
of Fidelity and Deposit Company of Maryland Surety,
He/She is personally known to me OR has produced
as identification and who did (did not)
Q~Q~
(Signature)
Attorney-in-Fact
on behalf of Surety.
FL Resident Agent License
take an oath.
My Commission Expires: 4/22/2012
Name: Claudette Alexander
(Legibly Printed)
Notary Public, State of: FL
Commission No.: DD781740
(
)z
GC-CA-A-3
'1 ' .os
I
EXHIBIT A
PUBLIC PERFORMANCE BOND
Santa Barbara Boulevard Extension
(Rattlesnake Hammock Road to Davis Boulevard)
Bond No. CMB08930235
Contract No. 08-5106
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
as
Astaldi Construction Corporation
Fidelity and Deposit Company of Maryland
Surety, located
at
1400 American Lane, Schaumburg, IL 60196
(Business Address) are held and firmly bound to
The Board of County Commissioners-Collier County, FL , as Obligee in the sum of
Eighteen Million Nine Hundred Forty Seven Thousand Nine Hundred Seventy Nine and 12/100 Dollars
($ 18,947,979.12 ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
, 2008, with Obligee for
Santa Barbara Boulevard Extension-Rattlesnake Hammock Road to Davis Blvd. in
accordance with drawings and specifications, which contract is incorporated by reference
and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if PrincipaL
1. Performs the Contract at the times and in the manner prescribed in the Contract;
and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee
sustains because of any default by Principal under the Contract, including, but not limited
to, all delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this bond is void; otherwise it remains in full force.
Any changes in or under the Contract and compliance or noncompliance with any
formalities connected with the Contract or the changes do not affect Sureties obligation
under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions
of time, alterations or additions to the terms of the Contract or other work to be performed
hereunder, or the specifications referred to therein shall in anywise affect its obligations
under this bond, and it does hereby waive notice of any such changes, extensions of time,
alterations or additions to the terms of the Contract or to work or to the specifications.
This instrument shall be construed in all respects as a common law bond. It is expressly
understood that the time provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not apply to this bond.
J<
GC-CA-A-4
, .
In no event will the Surety be liable in the aggregate to Obligee for more than the penal
sum of this Performance Bond regardless of the number of suits that may be filed by
Obligee.
IN WITNESS WHEREOF, the above parties have executed this instrument this 9th day
of October , 2008, the name of each party being affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of:
C7~
Witnesses as to Principal
PRINCIPAL
BY:
NAME: /fJIJA/fJ t.fJIYCI/1/VI. ,;.:;,,,:'S',;
ITS: .GV P / [lIo
f
STATE OF FLO~ )])A
COUNTY OF IhRoWA(!.,h
The foregoing instrument was acknowledged before me this 10ft.. day of
()C;.fobe Y' ,2008, by /J1A-lSlo L /) IV C/ A IV I , as
. EVejCEO of fJsTl1/.-lV (!CJflsrtJ..UC/lolY &:JAIbP.ItT10N, a
P lifi..) blJ corporation, on behalf of the corporation. .!ie/she js personally
~Qown to me OR has produced
as identification and did (di not) take azo t)h.
My Commission Expires: 10" .3()r~O/O ~ '-
NOTARY PUBliC-STATE OF FLORIDA (Signature)
/""""'" Vincelyn Ridley I / _
[ kommission #DD610213 Name: VI/YttiL 'flY ~/hL/: Y
....,"/11""':: Expires: OCT. 30, 2010 (Legibly Printed)
BONDED THRU AI1ANTIC BONDING CO" INC.
(AFFIX OFFICIAL SEAL)
Notary Public, State of:. FLbI<I:b/-l
Commission No.:)"-)) hlo.,)./ 3
GC-CA-A-5
, ~
ATTEST:
SURETY:
Fidelity and Deposit Company of Maryland
(Printed Name)
1400 American Lane
Schaumburg, IL 60196
(Business Address)
(Authorized Signature)
Witnesses as to Surety
(Printed Name)
~
OR
As Attorn y in Fact
(Attach Power of Attorney)' ,
Witnesses Claudette Alexander
Caroline K. Lamarre, Attorney-In-Fact
(Printed Name)
Aon Surety
1001 Brickell Bay Drive, Suite 1100
Miami FL 33131
(Business Address)
305-961-6075
(Telephone Number)
STATE OF
COUNTY OF
Florida
Miami-Dade
The foregoing instrument was acknowledged before me this 9th day of
October , 2008, by Caroline K. Lamarre , as Attorney-In-Facr- of
Fidelity and Deposit Company of Maryland ,a Surety, on behalf
of Surety. He/She is personally known to me OR has produced
FL Resident Agent License as identifiCl~':d (~e. '\" n ooaath.
My Commission Expires: 4/22/2012 _ ~..d____
(Signature)
.i~V~~~. CLAUDETTe ALEXANDER
f*: :*E MY COMMISSION # 00781740
-:"" ,l EXPIRES Aprll22, 2012
"..t \
1
Name: Claudette Alexander
(Legibly Printed)
Notary Public, State of: FL
Commission No.: DD781740
)1
GC-CA-A-6
/',' " ...
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary,
in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, . are set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date e, des by nominate, constitute
and appoint Paul RODRIGUEZ, Claudette ALEXANDER, Caroline (I J . PIETRANGELO,
all of Miami, Florida, EACH its true and lawful agent and ma d deliver, for, and on
its behalf as surety, and as its act and deed: any an " S ii! xecution of such bonds or
undertakings in pursuance of these prese I in . , as fully and amply, to all intents and
purposes, as if they had been d 6 t ~ac gularly elected officers of the Company at its office
in Baltimore, Md., ~ P p~ns::J1'h~ " attorney revokes that issued on behalf of Joseph M.
PIETRANGELO, dWi'tQL~~~DitIDtfEz, dated August 28,2006.
The said Assistant ~;s 'qie'?e~ certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-~d Company, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affIxed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 1st day of July, A.D.
2008.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
~/)<~
By:
Assistant Secretary William J. Mills
/A fft)
j
Eric D. Barnes
Vice President
State of Maryland }ss:
City of Baltimore
On this 1st day of July, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned
and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and offIcers described in and
who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
severally and each for himself deposeth and saith, that they are the said offIcers of the Company aforesaid, and that the seal
afflXed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their
signatures as such officers were duly affIxed and subscribed to the said instrument by the authority and direction of the said
Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affIxed my Official Seal the day and year first above
written.
..""I::!~:~J.IIII.
\.~ ~ \'~'."',""":~~',f~
~ /1l(;)"./,},.%~
~- .le, '",' q*\~~
r' t:: c ... .. I .
~f:~4 '......./~.,
~_'t;..('l...1 Ie, "" ::;-
0(~'.. ',...~"~,
~//,(.'(,(.Wif-\,\,~
111111I111\
~D Qo.-f2
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2011
)L
POA-F 031-2075
ACORD~
CERTIFICATE OF LIABILITY INSURANCE
DATE IMMlDOIYYYY)
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE liMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD'L I POLICY EFFECTIVE POLICY EXPIRATION
LlR NSRD TYPE OF INSURANCE POLlOY NUMBER DATE (MMlDDIVY) DATE IMMfDOf'Nl LIMITS
GENERALUABIUTY EACH OCCURRENCE . 2000000
- OAMA~E TO RENTED
A X ~ COMMERCIAL GENERAL L1ABILIlY A2CG50270701 11/03/07 11/03/08 PREMISES (Ea occurence) . 100000
- :=J ClAIMS MADE [i] OCCUR MED EXP (Anyone person) S 5000
- PERSONAL & ADV INJURY . 2000000
GENERAL AGGREGATE . 4000000
-
GEN'LAGGREGATE LIMIT APPLIES PER: n PRODUCTS ~ COMPJOP AGG S 4000000
I !xl PRO-
POLICY X JECT LOC
AUTOMOBILE UABIUTY
- COMBINED SINGLE UMrT . 1000000
A ~ Atrf AUTO A2CA50270701 11/03/07 11/03/08 (Ea accident)
ALL OWNED AUTOS BODILY INJURY
- S
SCHEDULED AUTOS (Per person)
-
~ HIRED AUTOS BODILY INJURY
S
X NON-owNED AUTOS (Peraccidenl)
-
PROPERTY DAMAGE S
(Peraccldenl)
GARAGE UABIUTY AlITO ONLY - EA ACCIDENT S
==j ANY AUTO OTHER THAN EA ACe .
AUTO ONLY: ADD .
EXCESSIlIMBREUA UAS/UTY EACH OCCURRENCE . 15000000
B U OCCUR D CLAIMS MADE BE6564545 07/17/07 11/03/08 AGGREGATE S 15000000
.
~ OEDUCTI.~ .
X RETENTION S 10000 S
WORKERS COMPENSAllON AND X IT~ ~~~~~ I 10TH-
ER
EMPl.OYERS' UABlLITY A2CW50270701 11/03/07 11/03/08
A ANY PROPRIETORJPARTNERlEXECUTIVE E.L. EACH ACCIDENT . 1000000
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE S 1000000
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE - POLICY L1Mrr S 1000000
OTHER
DESCRIPTION OF OPERAllQNS / LOCAllONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
*10 day notice of cancellation applies for non-payment of premium.
RE: Santa Barbara Boulevard Extension (Rattlesnake Hammock Road to Davis
Boulevard) , Contract #08-51069. Certificate Holder is listed as Additional
Insured where required by written contract. Waiver of Subrogation applies.
PRODUCER
InSource, Inc.
9500 South Dadeland Blvd. ,#200
P.O. Box 561567
Miami FL 33256-1567
Phone: 305-670-6111
Fax: 305-670-9699
INSURED
Astaldi Construction
Corporation
8220 State Road 84 #300
Davie FL 33324
COVERAGES
CERTIFICATE HOLDER
COLLIER
Collier County Board of County
Commissioners, GSA Bldg W
3301 Tamiami Trail East
Naples FL 34112
ACORD 25 (2001/08)
OP IDVB
ASTAL-1 09/30/08
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC#
24139
19445
INSURER A:
Old. Republic GeneJ:al Ins Co~
INSURER 8;
Rational Union Fiz:e In.. Co.
INSURER C:
INSURER D:
INSURER E:
CANCELLATION
SHOULD ANY OF THE ABOVE DeSCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIl..
30*
DAYS WRITTEN
NOTICE TO THE CERl1FlCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBUGAllON OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
@ACORD CORPORATION 1988
EXHIBIT B
INSURANCE REQUIREMENTS
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and
endorsements or their equivalents. If Contractor has any self-insured retentions or
deductibles under any of the below listed minimum required coverages, Contractor must
identify on the Certificate of Insurance the nature and amount of such self-insured
retentions or deductibles and provide satisfactory evidence of financial responsibility for
such obligations. All self-insured retentions or deductibles will be Contractor's sole
responsibility.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverage's shall be maintained without interruption from the date of
commencement of the Work until the date of completion and acceptance of the Project by
the Owner or as specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set
forth in Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar
days after Notice of Award is received by Contractor evidencing the fact that Contractor
has acquired and put in place the insurance coverages and limits required hereunder. In
addition, certified, true and exact copies of all insurance policies required shall be provided
to Owner, on a timely basis, if requested by Owner.
(5) The Contractor and/or its insurance carrier shall provide 30 days written notice to
the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the
Contractor. Contractor shall also notify Owner, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverages or limits received by Contractor from its insurer and nothing
contained herein shall relieve Contractor of this requirement to provide notice. In the event
of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder,
Contractor shall immediately take steps to have the aggregate limit reinstated to the full
extent permitted under such policy.
(6) All insurance coverage's of the Contractor shall be primary to any insurance or self
insurance program carried by the Owner applicable to this Project.
(7) The acceptance by Owner of any Certificate of Insurance does not constitute
approval or agreement by the Owner that the insurance requirements have been satisfied
or that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(8) Contractor shall require each of its Subcontractors to procure and maintain, until the
completion of the subcontractors work, insurance of the types and to the limits specified in
this Section unless such insurance requirements for the Subcontractor are expressly
waived in writing by the Owner. Jt
GC-CA-B-1
(9) Should at any time the Contractor not maintain the insurance coverage's required
herein, the Owner may terminate the Agreement or at its sole discretion shall be
authorized to purchase such coverage's and charge the Contractor for such coverage's
purchased. If Contractor fails to reimburse Own~r for such costs within thirty (30) days
after demand, Owner has the right to offset these costs from any amount due Contractor
under this Agreement or any other agreement between Owner and Contractor. The Owner
shall be under no obligation to purchase such insurance, nor shall it be responsible for the
coverage's purchased or the insurance company or companies used. The decision of the
Owner to purchase such insurance coverage's shall in no way be construed to be a waiver
of any of its rights under the Contract Documents.
(10) If the initial or any subsequently issued Certificate of Insurance expires prior to the
completion of the Work or termination of the Agreement, the Contractor shall furnish to the
Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar
days after the date of their expiration. Failure of the Contractor to provide the Owner with
such renewal certificate(s) shall be considered justification for the Owner to terminate the
Agreement.
(11) All insurance policies required by this Agreement shall include the following
provisions and conditions by endorsement to the policies:
11.1 All insurance policies, other than the Business Automobile and Workers
Compensation policies, provided by Contractor to meet the requirements of
this Agreement shall name Collier County, Florida, as an additional insured
as to the operations of Contractor under this Agreement and shall contain a
severability of interests provisions.
11.2. Companies issuing the insurance policy or policies shall have no recourse
against Owner for payment of premiums or assessments for any deductibles
which all are at the sole responsibility and risk of Contractor.
11.3. All insurance coverages of Contractor shall be primary to any insurance or
self-insurance program carried by Owner applicable to this Project, and the
"Other Insurance" provisions of any policies obtained by Contractor shall not
apply to any insurance or self-insurance program carried by Owner
applicable to this Project.
11.4. The Certificates of Insurance, which are to be provided on the form set forth
in Attachment I to this Exhibit B, must identify the specific Project name, as
well as the site location and address (if any).
11.5. All insurance policies shall be fully performable in Collier County, Florida, and
shall be construed in accordance with the laws of the State of Florida.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? [g] Yes 0 No
/i
GC-CA-B-2
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by
the Contractor during the term of this Agreement for all employees engaged in the work
under this Agreement in accordance with the laws of the State of Florida. The amounts of
such insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the Owner and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
D Applicable j::gj Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
D Applicable j::gj Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? ~ Yes D No
(1) Commercial General Liability Insurance shall be maintained by the Contractor on an
occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property
Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products
and Completed Operations Coverage. Limits of Liability shall not be less than the
following:
X
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$2,000,000
$2,000,000
$2,000,000
$2,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy
shall be endorsed using the following endorsement wording. "This endorsement modifies
insurance provided under the following: Commercial General Liability Coverage Part. The
General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of
your projects away from premises owned by or rented to you."
)1
GC-CA-B-3
(3) The Owner shall be named as an Additional Insured and the policy shall be
endorsed that such coverage shall be primary to any similar coverage carried by the
Owner.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried at the limits shown above if applicable
to the completion of the work under this Agreement.
D Applicable lZINot Applicable
(6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence
if applicable to the completion of the work under this Agreement.
D Applicable 1ZI Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) The Owner shall purchase and maintain in a company or companies lawfully
authorized to do business in the State of Florida and in Collier County, property insurance
in the amount of the initial Contract Amount as well as subsequent modifications thereto
for the entire Work at the site on a replacement cost basis without voluntary deductibles.
Such property insurance shall be maintained, unless otherwise provided in the Contract
Documents or otherwise agreed in writing by all persons and entities who are beneficiaries
of such insurance, until final payment has been made or until no person or entity other
than the Owner has an insurable interest in the property required to be covered, whichever
is earlier. This insurance shall include interests of the Owner, the Contractor,
Subcontractors, Sub-subcontractors and Material Suppliers in the Work.
(2) Property insurance shall be on an all-risk policy form and, at the Owner's option,
shall cover reasonable compensation for Professional's seNices and expenses required as
a result of such insured loss. At the Owner's option, flood and windstorm insurance will
also be purchased.
(3) The property insurance provided by the Owner requires minimum deductibles and
the Contractor shall pay costs not covered by the deductibles. The responsibility of the
Contractor for any deductible associated with the all-risk policy described above shall be
limited to a maximum of $5,000 for each occurrence unless higher deductibles are
identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for
any deductible associated with the flood or windstorm insurance identified herein, if
purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence
unless higher deductibles are identified in Exhibit C of the Contract Documents.
(4) This property insurance shall cover portions of the Work stored off the site after
written approval of the Owner at the value established in the approval, and also portions of
the Work in transit.
)
GC-CA-B-4
(5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing
and maintaining boiler and machinery insurance required by the Contract Documents or by
law, which shall specifically cover such insured objects during installation and until final
acceptance by the Owner. If purchased this insurance shall include interests of the
Owner, Contractor, Subcontractors and Sub-subcontractors in the Work.
(6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1)
each other and any of their subcontractors, sub-subcontractors, agents and employees,
each of the other, and (2) the Design Professional, and Design Professional's
subconsultants, for damages caused by fire or other perils to the extent of insurance
proceeds actually received by Owner under property insurance obtained pursuant to this
Exhibit or other any property insurance applicable to the Work, except such rights as they
have to proceeds of such insurance held by the Owner as fiduciary. The policies shall
provide waivers of subrogation by endorsement or otherwise.
(7) A loss insured under Owner's property insurance shall be adjusted by the Owner
and made payable to the Owner for the insured, as their interests may appear.
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? IZI Yes D No
(1) Automobile Liability Insurance shall be maintained by the Contractor for the
ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not
less than:
X Bodily Injury & Property Damage - $ 2,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
Contractor and, if so, shall be in addition to and in excess of any Employers' Liability,
Commercial General Liability, and Automobile Liability coverage's and shall include all
coverage's on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying coverage due to the payment of claims, the Umbrella policy will "drop
down" to apply as primary insurance.
)z
GC-CA-B-5
EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER )
STATE OF FLORI DA )
Before
me,
the
undersigned
authority, personally appeared
who after being duly sworn, deposes and
says:
(1) In accordance with the Contract Documents and in consideration of $
paid, ("Contractor") releases and waives for itself and it's
subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses,
whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating
in any way to the performance of the Agreement between Contractor and Owner dated
, 2008 for the period from to ,
excluding all retainage withheld and any pending claims or disputes as expressly specified as follows:
(2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all
charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or
for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid.
(3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless
Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the
Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for
Payment No. _'
CONTRACTOR
BY:
ITS:
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
2008, by ,as
of
corporation, on behalf of the corporation.
,a
He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
)
GC-CA-C-1
EXHIBIT 0
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) Bid No.
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER) . Application Date
FROM: (Contractor's Representative) Payment Application No.
(Contractor's Name)
(Contractor's Address)
for Work accomplished through the Date:
RE:
Name)
Original Contract Time:
Revised Contract Time:
(Project
$
$
$
Original Contract Price:
Total Change Orders to Date
Revised Contract Amount
Total value of Work Completed
and stored to Date
Less Retainage .
Less previous payment (s)
Percent Work completed to Date: % AMOUNT DUE THIS
Percent Contract Time completed to Date % APPLICATION: $
Liquidated Damages to be Accrued $ Remaining Contract Balance $
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress
payments received from OWNER on account of Work done under the Contract referred to above have been applied
to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications
for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work
or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and
clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to
OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the
OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this
Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced
amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and
in advance of such Work.
By CONTRACTOR:
Retainage @ 10% thru[insert date] $
Retainage @ _% after [insert date] $
=
$
$
$
(Contractor's Name)
(Signature)
DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional: (DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
By OWNER'S Project Manager: (Signature) DATE:
(Type Name and Title)
}l
GC-CA-E-3
:HIBIT 0 (Continued) SCHEDULE OF VALUES
Iject Name: Project Number:
Date:
Period To:
ITEM DESCRIPTION SCHEDULED WORK COMPLETED STORED TOTAL PERCENT BALANCE
UMBER VALUE MATERIALS COMPLETED COMPLETE TO FINISH RET
PREVIOUS APPLICATIONS THIS & STORED
THRU DATE SINCE DATE PERIOD TO DATE
TOTALS
:xplanation for the two columns under Previous Applications: The Thru Date is where you will place all information until the contract is complete unless a release or r.
) play. If this happens, all information up to the date of the % change in retainage is placed in the Thru Date column. Information after that date is placed in the Sinc
at has happened since the change in retainage.
)l
GC-CA-E-4
Exhibit D
(Continued)
Stored Materials Record
A B C D
Invoice Previously Received Previously Installed
late Description Supplier Number Received This Period Installed This Perio
Formula: A + B - C - D = E
;z
GC-CA-E-5
TO:
Project Name:
Bid No.:
Change Order No.:
Change Order Description
EXHIBIT E
CHANGE ORDER
FROM: Collier County Government
Construction Agreement Dated:
Date:
Original Agreement Amount .................................. ........................ $
Sum of previous Change Orders Amount ...................................... $
This Change Order Amount ....,..................................................... $
Revised Agreement Amount........................................................... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and
will be performed subject to all the same terms and conditions as contained in the Agreement, as if
the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall
constitute a full and final settlement of any and all claims of the Contractor arising out of, or related
to, the change set forth herein, including claims for impact and delay costs.
Prepared by: Date:
Project Manager
Recommended by:
Design Professional
Date:
Accepted by:
Date:
Contractor
Approved by:
Date:
Department Director
Approved by:
Date:
Division Administrator
Approved by:
Date:
Date:
Object Code:
Project
)t
GC-CA-E-6
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.
Design Professional's Project No.
PROJECT:
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can
occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been
inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and
that Work is hereby declared to be substantially complete in accordance with the requirements of the
Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the
Work in accordance with the Contract Documents. The items in the tentative list shall be completed or
corrected by CONTRACTOR within days of the above date of Substantial Completion.
Jl-
GC-CA-F-1
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat,
utilities, insurance and warranties shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents
nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract
Documents.
Executed by Design Professional on
,2008
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2008
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2008
OWNER
By:
Type Name and Title
)
GC-CA-F-2
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.: Project No.: Date:
Contractor:
The following items have been secured by the
for the Project known as
,2008
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount: Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement: Calendar Days.
Actual Date of Substantial Completion:
Final Completion Time as set forth in the Agreement: Calendar Days.
Actual Final Completion Date:
YES NO
If any of the above is not applicable, indicate by N/A.
explanation.
Acknowledgments:
By Contractor:
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.:
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If NO is checked for any of the above, attach
(Company Name)
(Signature)
(Typed Name & Title)
By Design
Professional:
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
By Owner:
f
GC-CA-G-1
EXHIBIT H
GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the intent of the Contract Documents to describe a functionally complete Project
(or portion thereof) to be constructed in accordance with the Contract Documents. Any
work, materials or equipment that may reasonably be inferred from the Contract
Documents as being required to produce the intended result shall be supplied whether or
not specifically called for. When words which have a well known technical or trade
meaning are used to describe work, materials or equipment, such words shall be
interpreted in accordance with that meaning. Reference to standard specifications,
manuals or codes of any technical society, organization or association or to the laws or
regulations of any governmental authority having jurisdiction over the Project, whether
such reference be specific or by implication, shall mean the latest standard specification,
manual, code, law or regulation in effecfat the time the Work is performed, except as may
be otherwise specifically stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict, error
or discrepancy in the Contract Documents; Contractor immediately shall report same to the
Project Manager in writing and before proceeding with the Work affected thereby shall
obtain a written interpretation or clarification from the Project Manager; said interpretation
or clarification from the Project Manager may require Contractor to consult directly with
Design Professional or some other third party, as directed by Project Manager. Contractor
shall take field measurements and verify field conditions and shall carefully compare such
field measurements and conditions and other information known to Contractor with the
Contract Documents before commencing any portion of the Work.
1.3 Drawings are intended to show general arrangements, design and extent of Work
and are not intended to serve as shop drawings. Specifications are separated into
divisions for convenience of reference only and shall not be interpreted as establishing
divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event
of a discrepancy between or among the drawings, specifications or other Contract
Document provisions, Contractor shall be required to comply with the provision which is
the more restrictive or stringent requirement upon the Contractor, as determined by the
Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws,
fittings, fillers, hardware, accessories, trim and other parts required in connection with any
portion of the Work to make a complete, serviceable, finished and first quality installation
shall be furnished and installed as part of the Work, whether or not called for by the
Contract Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, 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: those
affecting transportation, access, disposal, handling and storage of materials; availability
and quality of labor; water and electric power; availability and condition of roads; work
area; living facilities; climatic conditions and seasons; physical conditions at the work-site
and the project area as a whole; topography and ground surface conditions; nature and)t
GC-CA-H-1
quantity of the surface materials to be encountered; subsurface conditions; equipment and
facilities needed preliminary to and during performance of the Work; and all other costs
associated with such performance. The failure of Contractor to acquaint itself with any
applicable conditions shall not relieve Contractor from any of its responsibilities to perform
under the Contract Documents, nor shall it be considered the basis for any claim for
additional time or compensation.
2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility
services above, upon, or under the Project site, said roadways, railways, drainage facilities
and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall
contact the owners of all Utilities to determine the necessity for relocating or temporarily
interrupting any Utilities during the construction of the Project. Contractor shall schedule
and coordinate its Work around any such relocation or temporary service interruption.
Contractor shall be responsible for properly shoring, supporting and protecting all Utilities
at all times during the course of the Work. The Contractor is responsible for coordinating
all other utility work so as to not interfere with the prosecution of the Work (except those
utilities to be coordinated by the Owner as may be expressly described elsewhere in the
Contract Documents).
2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions
are encountered at the Project site which are (i) subsurface or otherwise. concealed
physical conditions which differ materially from those indicated in the Contract Documents
or (ii) unknown physical conditions of an unusual nature, which differ materially from those
ordinarily found to exist and generally recognized as inherent in construction activities of
the character provided for in the Contract Documents, and which reasonably should not
have been discovered by Contractor as part of its scope of site investigative services
required pursuant to the terms of the Contract Documents, then Contractor shall provide
Owner with prompt written notice thereof before conditions are disturbed and in no event
later than three (3) calendar days after first observance of such conditions. Owner and
Design Professional shall promptly investigate such conditions and, if they differ materially
and cause an increase or decrease in Contractor's cost of, or time required for,
performance of any part of the Work, Owner will acknowledge and agree to an equitable
adjustment to Contractor's compensation or time for performance, or both, for such Work.
If Owner determines that the conditions at the site are not materially different from those
indicated in the Contract Documents or not of an unusual nature or should have been
discovered by Contractor as part of its investigative services, and that no change in the
terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its
reasons. Claims by Contractor in opposition to such determination by Owner must be
made within seven (7) calendar days after Contractor's receipt of Owner's written
determination notice. If Owner and Contractor cannot agree on an adjustment. to
Contractor's cost or time of performance, the dispute resolution procedure set forth in the
Contract Documents shall be complied with by the parties.
3. SCHEDULE.
within the Contract Time. The Progress Schedule shall indicate the dates for starting and
completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its monthly
Applications for Payment noted below. The Project Manager's review and approval of the
submitted Progress Schedule updates shall be a condition precedent to the Owner's
obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday
through Friday. No work shall be performed outside the specified hours without the prior
approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit
to Project Manager, for their review and approval, a schedule of values based upon the
Contract Price, listing the major elements of the Work and the dollar value for each
element. After its approval by the Project Manager, this schedule of values shall be used
as the basis for the Contractor's monthly Applications for Payment. This schedule shall be
updated and submitted each month along with a completed copy of the Application for
Payment form signed by the Contractor's authorized representative and attached to the
Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide
to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid
showing the work and materials involved and the dollar amount of each subcontract and
purchase order. Contractor acknowledges and agrees that any modifications to the list of
Subcontractors submitted with Contractor's Bid and any subsequently identified
Subcontractors are subject to Owner's prior written approval. The first Application for
Payment shall be submitted no earlier than thirty (30) days after the Commencement Date.
Notwithstanding anything herein to the contrary, if approved by Owner in its sole
discretion, Contractor may submit its invoice for any required Payment and Performance
Bonds prior to the first Application of Payment provided that Contractor has furnished
Owner certified copies of the receipts evidencing the premium paid by Contractor for the
bonds.
4.3 Unless expressly approved by Owner in advance and in writing, said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or
equipment that have not been incorporated into the Project. If payment is requested on
the basis of materials and equipment not incorporated into the Project, but delivered and
suitably stored at the site or at another location, and such payment and storage have been
agreed to by Owner in writing, the Application for Payment also shall be accompanied by a
bill of sale, invoice or other documentation warranting that the Owner has received the
materials and equipment free and clear of all . liens, charges, security interests and
encumbrances, together with evidence that the materials and equipment are covered by . '11.
appropriate property insurance and other arrangements to protect Owner's interest therein, / /)
GC-CA-H-3
all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application
for Payment, Contractor also shall complete and submit to Owner as part of its Application
for Payment, the Stored Materials Record attached hereto and made a part hereof as
Exhibit D.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the
Project Manager or his or her designee, as directed by Owner (which designee may
include the Design Professional). After the date of each Application for Payment is
stamped as received and within the timeframes set forth in Section 218.735 F.S., the
Project Manager, or Design Professional, shall either: (1) Indicate its approval of the
requested payment; (2) indicate its approval of only a portion of the requested payment,
stating in writing its reasons therefore; or (3) return the Application for Payment to the
Contractor indicating, in writing, the reason for refusing to approve payment. Payments of
proper invoices in the amounts approved shall be processed and paid in accordance with
Section 218.735, F.S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department respectively.
In the event of a total denial by Owner and return of the Application "for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (10) business days after the
Application for Payment is stamped and received and after Project Manager approval of an
Application for Payment, pay the Contractor the amounts so approved.
4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment
request or ten percent (10%) of the portion thereof approved by the Project Manager for
payment, whichever is less. Such sum shall be accumulated and not released to
Contractor until final payment is due unless otherwise agreed to by the Owner in
accordance with Florida Statute 255.078. The Project Manager shall have the discretion to
establish, in writing, a schedule to periodically reduce the percentage of cumulative
retainage held through out the course of the Project schedule. Owner shall reduce the
amount of the retainage withheld on each payment request subsequent to fifty percent
(50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set
forth in the Owner's Purchasing Policy.
4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
4.7 Each Application for Payment, subsequent to the first pay application, shall be
accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging
Contractor's receipt of payment in full for all materials, labor, equipment and other bills that
are then due and payable by Owner with respect to the current Application for Payment.
Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall
also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or
supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-
subcontractor or supplier has been paid in full through the previous month's Application for
Payment. The Owner shall not be required to make payment until and unless these
affidavits are furnished by Contractor.
4.8 Contractor agrees and understands that funding limitations exist and that the
expenditure of funds must be spread over the duration of the Project at regular intervals
bC-CA-H-4
)t
based on the Contract Amount and Progress Schedule. Accordingly, priorto submitting its
first monthly Application for Payment, Contractor shall prepare and submit for Project
Manager's review and approval, a detailed Project Funding Schedule, which shall be
updated as necessary and approved by Owner to reflect approved adjustments to the
Contract Amount and Contract Time. No voluntary acceleration or early completion of the
Work shall modify the time of payments to Contractor as set forth in the approved Project
Funding Schedule.
4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work required of
it under this Agreement pending resolution of the dispute provided that Owner continues to
pay Contractor all amounts that Owner does not dispute are due and payable.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent inspections
that reveal non-compliance with the Contract Documents. The Project Manager may nullify
the whole or any part of any approval for payment previously issued and Owner may
withhold any payments otherwise due Contractor under this Agreement or any other
agreement between Owner and Contractor, to such extent as may be necessary in the
Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment properly
to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work
,can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication
that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution
of the Work by the Contractor; or (g) any other material breach of the Contract Documents
by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after
three (3) days written notice, rectify the same at Contractor's expense. Provided, however,
in the event of an emergency, Owner shall not be required to provide Contractor any
written notice prior to. rectifying the situation at Contractor's expense. Owner also may
offset against any sums due Contractor the amount of any liquidated or non-liquidated
obligations of Contractor to Owner, whether relating to or arising out of this Agreement or
any other agreement between Contractor and Owner.
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section 218.735,
F.S. and the administrative procedures established by the County's Purchasing
Department and the Clerk of Court's Finance Department after the Work is finally
inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided
that Contractor first, and as an explicit condition precedent to the accrual of Contractor's
right to final payment, shall have furnished Owner with a properly executed and notarized
copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy
of the Surety's consent to final payment and such other documentation that may b"Ji
GC-CA-H-5
required by the Contract Documents and the Owner. Prior to release of final payment and
final retainage, the Contractor's Representative and the Project Manager shall jointly
complete the Final Payment Checklist, a representative copy of which is attached to this
Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all
claims by Contractor against Owner arising out of this Agreement or otherwise relating to
the Project, except those previously made in writing in accordance with the requirements
of the Contract Documents and identified by Contractor as unsettled in its final Application
for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed
to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the
recovery of damages for defective Work not discovered by the Design Professional or
Project Manager at the time of final inspection.
7. SUBMITTALS AND SUBSTITUTIONS.
7.1 Contractor shall carefully examine the Contract Documents for all requirements for
approval of materials to be submitted such as shop drawings, data, test results, schedules
and samples. Contractor shall submit all such materials at its own expense and in such
form as required by the Contract Documents in sufficient time to prevent any delay in the
delivery of such materials and the installation thereof.
7.2 Whenever materials or equipment are specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular supplier,
the naming of the item is intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no substitution is permitted, materials
or equipment of other suppliers may be accepted by Owner if sufficient information is
submitted by Contractor to allow the Owner to determine that the material or equipment
proposed is equivalent or equal to that named. Requests for review of substitute items of
material and equipment will not be accepted by Owner from anyone other than Contractor
and all such requests must be submitted by Contractor to Project Manager within thirty
(30) calendar days after Notice of Award is received by Contractor, unless otherwise
mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish, or use a substitute item of material or equipment,
Contractor shall make application to the Project Manager for acceptance thereof, certifying
that the proposed substitute shall adequately perform the functions and achieve the results
called for by the general design, be similar and of equal substance to that specified and be
suited to the same use as that specified. The application shall state that the evaluation
and acceptance of the proposed substitute will not prejudice Contractor's achievement of
substantial completion on time, whether or not acceptance of the substitute for use in the
Work will require a change in any of the Contract Documents (or in the provisions of any
other direct contract with Owner for the Project) to adapt the design to the proposed
substitute and whether or not incorporation or use by the substitute in connection with the
Work is subject to payment of any license fee or royalty. All variations of the proposed
substitute from that specified will be identified in the application and available
maintenance, repair and replacement service shall be indicated. The application also shall
contain an itemized estimate of all costs that will result directly or indirectly from
acceptance of such substitute, including costs for redesign and claims of other contractors
affected by the resulting change, all of which shall be considered by the Project Managfi
GC-CA-H-6
in evaluating the proposed substitute. The Project Manager may require Contractor to
furnish at Contractor's expense additional data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction acceptable to
the Project Manager, if Contractor submits sufficient information to allow the Project
Manager to determine that the substitute proposed is equivalent to that indicated or
required by the Contract Documents. The procedures for submission to and review by the
Project Manager shall be the same as those provided herein for substitute materials and
equipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate
each proposed substitute and, if need be, to consult with the Design Professional. No
substitute will be ordered, installed or utilized without the Project Manager's prior written
acceptance which shall be evidenced by a Change Order, a Work Directive Change, a
Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish
at Contractor's expense a special performance guarantee or other surety with respect to
any substitute. The Project Manager will record time required by the Project Manager and
the Project Manager's consultants in evaluating substitutions proposed by Contractor and
making changes in the Contract Documents occasioned thereby. Whether Qr not the
Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of
the Design Professional and the Design Professional's consultants for evaluating each
proposed substitute.
8. DAILY REPORTS, AS-BUlL TS AND MEETINGS.
8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project
Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a
format approved by the Project Manager. The daily log shall document all activities of
Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during work
hours, the amount of precipitation received on the Project site, and any other weather
conditions which adversely affect the Work;
8.1.7 Any unusual or special occurrences at the Project site;
8.1.8
Materials received at the Project site;
)I
GC-CA-H-7
8.1.9 A list of all visitors to the Project
8.1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of the
Contract Documents, including, but not limited to, all drawings, specifications, addenda,
amendments, Change Orders, Work Directive Changes and field Orders, as well as all
written interpretations and clarifications issued by the Design Professional, in good order
and annotated to show all changes made during construction. The annotated drawings
shall be continuously updated by the Contractor throughout the prosecution of the Work to
accurately reflect all field changes that are made to adapt the- Work to field conditions,
changes resulting from Change Orders, Work Directive Changes and field Orders, and all
concealed and buried installations of piping, conduit and utility services. All buried and
concealed items, both inside and outside the Project site, shall be accurately located on
the annotated drawings as to depth and in relationship to not less than two (2) permanent
features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all
changes, corrections and dimensions shall be given in a neat and legible manner in a
contrasting color. The "As-Built" record documents, together with all approved samples
and a counterpart of all approved shop drawings shall be available to the Project Manager
or Design Professional for reference. Upon completion of the Work and as a condition
precedent to Contractor's entitlement to final payment, these "As-Built" record documents,
samples and shop drawings shall be delivered to Project Manager by Contractor for
Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of termination of
this Agreement or the date the Project is completed or such longer period as may be
required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such records
and documentation as often as they deem necessary during the period of this Agreement
and during the d9cument retention period noted above; provided, however, such activity
shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the work
of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under the
Contract Documents, and the coordination of Owner's suppliers and contractors as set
forth in Paragraph 12.2. herein.
9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of
the Work as a result of unforeseeable causes beyond the control of Contractor, and not
)1
GC-CA-H-8
due to its fault or neglect, including but not restricted to acts of Nature or of the public
enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or
lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the
commencement of such delay, stating the cause or causes thereof, or be deemed to have
waived any right which Contractor may have had to request a time extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to
perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for delay.
Contractor's sole. remedy, if any, against Owner will be the right to seek an extension to
the Contract Time; provided, however, the granting of any such time extension shall not be
a condition precedent to the aforementioned "No Damage For Delay" provision. This
paragraph shall expressly apply to claims for early completion, as well as to claims based
on late completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor be
deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to increase
or decrease the Work. Promptly after being notified of a change, Contractor shall submit
an itemized estimate of any cost or time increases or savings it foresees as a result of the
change. Except in an emergency endangering life or property, or as expressly set forth
herein, no addition or changes to the Work shall be made except upon written order of
Owner, and Owner shall not be liable to the Contractor for any increased compensation
without such written order. No officer, employee or agent of Owner is authorized to direct
any extra or changed work orally. Any alleged changes must be approved by Owner in
writing prior to starting such items. Owner will not be responsible for the costs of any
changes commenced without Owner's express prior written approval. Failure to obtain
such prior written approval for any changes will be deemed: (i) a waiver of any claim by
Contractor for such items and (ii) an admission by Contractor that such items are in fact
not a change but rather are part of the Work required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
shall be adjusted in the Change Order in the manner as Owner and Contractor shall
mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the requested
change, Contractor shall, nevertheless, promptly perform the change as directed by Owner
in a written Work Directive Change. In that event, the Contract Amount and Contract Time
shall be adjusted as directed by Owner.- If Contractor disagrees with the Owner's
adjustment determination, Contractor must make a claim pursuant to Section 11 of these
jJ
GC-CA-H-9
General Conditions or else be deemed to have waived any claim on this matter it might
otherwise have had.
10.4 In the event a requested change results in an increase to the Contract Amount, the
amount of the increase shall be limited to the Contractor's reasonable direct labor and
material costs and reasonable actual equipment costs as a result of the change (including
allowance for labor burden costs) plus a maximum ten percent (10%) markup for all
overhead and profit. In the event such change Work is performed by a Subcontractor, a
maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and
sub-subcontractors' direct labor and material costs and actual equipment costs shall be
permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its
overhead and profit, for a total maximum markup of fifteen percent (15%). All
compensation due Contractor and any Subcontractor or sub-subcontractor for field and
home office overhead is included in the markups noted above. Contractor's and
Sub-Contractor's bond costs associated with any change order shall be included in the
overhead and profit expenses and shall not be paid as a separate line item.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records to
verify the accuracy of the Contractor's claim with respect to Contractor's costs associated
with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time and
not inconsistent with the intent of the Contract Documents. Such changes may be effected
by Field Order or by other written order. Such changes shall be binding on the Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such modifications
are authorized.
11. CLAIMS AND DISPUTES.
11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term "Claim"
also includes other disputes and matters in question between Owner and Contractor
arising out of or relating to the Contract Documents. The responsibility to substantiate a
Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim.
Written supporting data shall be submitted to the Project Manager within fifteen (15)
calendar days after the occurrence of the event, unless the Owner grants additional time in
writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall
be priced in accordance with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless
)<
GC-CA-H-10
otherwise agreed to by the Owner in writing. Owner shall continue to make payments in
accordance with the Contract Documents during the pendency of any Claim.
12. OTHER WORK.
12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the fact
that such other work is to be performed is not noted in the Contract Documents, written
notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor or
require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work. If the
Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will
be deemed to have waived any rights it otherwise may have had to seek an extension to
the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to such
a direct contract (or Owner, if Owner is performing the additional work with Owner's
employees) proper and safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such work and
shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting,
fitting and patching of the Work that may be required to make its several parts come
together properly and integrate with such other work. Contractor shall not endanger any
work of others by cutting, excavating or otherwise altering their work and will only cut or
alter their work with the written consent of the Project Manager and the others whose work
will be affected. The duties and responsibilities of Contractor under this paragraph are for
the benefit of such utility owners and other Contractors to the extent that there are
comparable provisions for the benefit of Contractor in said direct contracts between Owner
and such utility owners and other contractors.
12.3 If any part of Contractor's Work depends for proper execution or results upon the
work of any other contractor or utility owner (or Owner), Contractor shall inspect and
promptly report to Project Manager in writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for such proper execution and results.
Contractor's failure to report will constitute an acceptance of the other work as fit and
proper for integration with Contractor's .Work.
13. INDEMNIFICATION AND INSURANCE.
13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and
hold harmless Owner and its officers and employees from any and all liabilities, claims,
damages, penalties, demands, judgments, actions, proceedings, losses or costs, including,
but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from
any claimed breach of this Agreement by Contractor or from personal injury, property
damage, direct or consequential damages, or economic loss, to the extent caused by the
negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement.
13.2 The duty to defend under this Article 13 is independent and separate from the duty
to indemnify, and the duty to defend exists regardless of any ultimate liability of the)
GC-CA-H-11
Contractor, Owner and any indemnified party. The duty to defend arises immediately upon
presentation of a claim by any party and written notice of such claim being provided to
Contractor. Contractor's obligation to indemnify and defend under this Article 13 will
survive the expiration or earlier termination of this Agreement until it is determined by final
judgment that an action against the Owner or an indemnified party for the matter
indemnified hereunder is fully and finally barred by the applicable statute of limitations.
13.3 Contractor shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the
Agreement. Further, the Contractor shall at all times comply with all of the terms,
conditions, requirements and obligations set forth under Exhibit B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local
laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the
Project, including but not limited to those dealing with taxation, worker's compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter
553, Florida Statutes). If Contractor observes that the Contract Documents are at variance
therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule,
regulation, code, statute, or ordinance requires the inclusion of certain terms in this
Agreement in order for this Agreement to be enforceable, such terms shall be deemed
included in this Agreement. Notwithstanding anything in the Contract Documents to the
contrary, it is understood and agreed that in the event of a change in any applicable laws,
ordinances, rules or regulations subsequent to the date this Agreement was executed that
increases the Contractor's time or cost of performance of the Work, Contractor is entitled
to a Change Order for such increases, except to the extent Contractor knew or should
have known of such changes prior to the date of this Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally
acknowledging without exception or stipulation that it is fully responsible for complying with
the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C.
1324, et seq. and regulations relating thereto, as either may be amended. Failure by the
Contractor to comply with the laws referenced herein shall constitute a breach of this
agreement and the County shall have the discretion to unilaterally terminate this
agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and
waste materials arising out of the Work. At the completion of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as
all tools, appliances, construction equipment and machinery and surplus materials, and
shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not
indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
GC-CA-H-12
)2
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or
any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities that
Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and
fees, including license fees, permit fees, impact fees or inspection fees applicable to the
Work through an internal budget transfer(s). Contractor is not responsible for paying for
permits issued by Collier County, but Contractor is responsible for acquiring all permits.
Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier County agencies when the Contractor is acquiring permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which are
not issued by Collier County shall be acquired and paid for by the Contractor.
17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such
default shall be considered cause for Owner to terminate the Agreement, in whole or in
part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the
Contract Documents within the time specified herein; or (2) fails to properly and timely
perform the Work as directed by the Project Manager or as provided for in the approved
Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove
materials or to correct or replace such Work as may be rejected as unacceptable or
unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work
which has been suspended within a reasonable time after being notified to do so; or (6)
becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows
any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes
an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws,
ordinances, rules or regulations with respect to the Work; or (10) materially breaches any
other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner
determines that Contractor has not remedied and cured the default(s) within seven (7)
calendar days following receipt by Contractor of said written notice or such longer period of
time as may be consented to by Owner in writing and in its sole discretion, then Owner, at
its option, without releasing or waiving its rights and remedies against the Contractor's
)t
GC-CA-H-13
sureties and without prejudice to any other right or remedy it may be entitled to hereunder
or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in
part, and take possession of all or any portion of the Work and any materials, tools,
equipment, and appliances of Contractor, take assignments of any of Contractor's
subcontracts and purchase orders, and complete all or any portion of Contractor's Work by
whatever means, method or agency which Owner, in its sole discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it
shall not be entitled to receive any further payments hereunder until after the Project is
completed. All moneys expended and all of the costs, losses, damages and extra
expenses, including all management, administrative and other overhead and other direct
and indirect expenses (including Design Professional and attorneys' fees) or damages
incurred by Owner incident to such completion, shall be deducted from the Contract
Amount, and if such expenditures exceed the unpaid balance of the Contract Amount,
Contractor agrees to pay promptly to Owner on demand the full amount of such excess,
including costs of collection, attorneys' fees (including appeals) and interest thereon at the
maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount
exceeds all such costs, expenditures and damages incurred by the Owner to complete the
Work, such excess shall be paid to the Contractor. The amount to be paid to the
Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon
application, and this obligation for payment shall survive termination of the Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of
any and all sums paid, expenses and losses incurred, damages sustained, and obligations
assumed by Owner in good faith under the belief that such payments or assumptions were
necessary or required, in completing the Work and providing labor, materials, equipment,
supplies, and other items therefor or re-Ietting the Work, and in settlement, discharge or
compromise of any claims, demands, suits, and judgments pertaining to or arising out of
the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this
Section, it is determined for any reason that Contractor was not in default, or that its
default was excusable, or that Owner is not entitled to the remedies against Contractor
provided herein, then the termination will be deemed a termination for convenience and
Contractor's remedies against Owner shall be the same as and limited to those afforded
Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within
thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill
some material obligation owed by Owner to Contractor under this Agreement, and
(ii) Owner has failed to cure such default within fourteen (14) days of receiving written
notice of same from Contractor, then Contractor may stop its performance under this
Agreement until such default is cured, after giving Owner a second fourteen (14) days
written notice of Contractor's intention to stop performance under the Agreement. If the
Work is so stopped for a period of one hundred and twenty (120) consecutive days through
no act or fault of the Contractor or its Subcontractors or their agents or employees or any
other persons performing portions of the Work under contract with the Contractor or any
Subcontractor, the Contractor may terminate this Agreement by giving written notice to
Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its
default within fourteen (14) days after receipt of Contractor's written notice, Contractor)1,
GC-CA-H-14
may, upon fourteen (14) additional days' written notice to the Owner, terminate the
Agreement and recover. from the Owner payment for Work performed through the
termination date, but in no event shalL Contractor be entitled to payment for Work not
performed or any other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement without cause upon seven
(7) calendar days written notice to Contractor. In the event of such termination for
convenience, Contractor's recovery against Owner shall be limited to that portion of the
Contract Amount earned through the date of termination, together with any retainage
withheld and reasonable termination expenses incurred, but Contractor shall not be
entitled to any other or further recovery against Owner, including, but not limited to,
damages or any anticipated profit on portions of the Work not performed.
19.2 Owner shall have the right to suspend all or any portions of the Workllpon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension. If
all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy
shall be to seek an extension of time to its schedule in accordance with the procedures set
forth in the Contract Documents. In no event shall the Contractor be entitled to any
additional compensation or damages. Provided, however, if the ordered suspension
exceeds six (6) months, the Contractor shall have the right to terminate the Agreement
with respect to that portion of the Work which is subject to the ordered suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Project Manager in writing that the entire
Work (or such designated portion) is substantially complete. Within a reasonable time
thereafter, Owner, Contractor and Design Professional shall make an inspection of the
Work (or designated portion thereof) to determine the status of completion. If Owner, after
conferring with the Design Professional, does not consider the Work (or designated
portion) substantially complete, Project Manager shall notify Contractor in writing giving the
reasons therefore. If Owner, after conferring with the Design Professional, considers the
Work (or designated portion) substantially complete, Project Manager shall prepare and
deliver to Contractor a Certificate of Substantial Completion which shall fix the date of
Substantial Completion for the entire Work (or designated portion thereof) and include a
tentative punch-list of items to be completed or corrected by Contractor before final
payment. Owner shall have the right to exclude Contractor from the Work and Project site
(or designated portion thereof) after the date of Substantial Completion, but Owner shall
allow Contractor reasonable access to complete or correct items on the tentative punch-
list.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and acceptance,
Project Manager and Design Professional will make such inspection and, if they find the
Work acceptable and fully performed under theContract Documents shall promptly issue a
final Certificate for Payment, recommending that, on the basis of their observations and
inspections, and the Contractor's certification that the Work has been completed in
accordance with the terms and conditions of the Contract Documents, that the entire
)
GC-CA-H-15
balance found to be due Contractor is due and payable. Neither the final payment nor the
retainage shall become due and payable until Contractor submits:
(1) Receipt of Contractor's Final Application for Payment.
(2) The Release and Affidavit in the form attached as Exhibit C.
(3) Consent of surety to final payment.
(4) Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfaction of all
obligations, such as receipts, releases and waivers of liens, arising out of the
Contract Documents, to the extent and in such form as may be designated
by Owner.
Owner reserves the right to inspect the Work and make an independent determination as
to the Work's acceptability, even though the Design Professional may have issued its
recommendations. Unless and until the Owner is completely satisfied, neither the final
payment nor the retainage shall become due and payable.
21. WARRANTY.
21.1 Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any subcontractor or materialmen supplying materials,
equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner
that any materials and equipment furnished under the Contract Documents shall be new
unless otherwise specified, and that all Work shall be of good quality, free from all defects
and in conformance with the Contract Documents. Contractor further warrants to Owner
that all materials and equipment furnished under the Contract Documents shall be applied,
installed, connected, erected, used, cleaned and conditioned in accordance with the
instructions of the applicable manufacturers, fabricators, suppliers or processors except as
otherwise provided for in the Contract Documents. If, within one (1) year after Substantial
Completion, any Work is found to be defective or not in conformance with the Contract
Documents, Contractor shall correct it promptly after receipt of written noti<::e from Owner.
Contractor shall also be responsible for and pay for replacement or repair of adjacent
materials or Work which may be damaged as a result of such replacement or repair.
Further, in the event of an emergency, Owner may commence to correct any defective
Work, without prior notice to Contractor, at Contractor's expense. These warranties are in
addition to those implied warranties to which Owner is entitled as a matter of law.
21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or
another representative of the Owner, shall conduct an inspection of the warranted work to
verify compliance with the requirements of the Agreement. The Contractor's
Representative shall be present at the time of inspection and shall take remedial actions to
correct any deficiencies noted in the inspection. Failure of the Contractor to correct the
cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future
bid opportunities with the Owner, in addition to any other rights and remedies available to
Owner.
22. TESTS AND INSPECTIONS.
22.1 Owner, Design Professional, their respective representatives, agents and
employees, and governmental agencies with jurisdiction over the Project shall have access ).
GC-CA-H-16
at all times to the Work, whether the Work is being performed on or off of the Project site,
for their observation, inspection and testing. Contractor shall provide proper, safe
conditions for such access. Contractor shall provide Project Manager with timely notice of
readiness of the Work for all required inspections, tests or approvals.
22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of
any public authority having jurisdiction over the Project requires any portion of the Work to
be specifically inspected, tested or approved, Contractor shall assume full responsibility
therefore, pay all costs in connection therewith and furnish Project Manager the required
certificates of inspection, testing or approval. All inspections, tests or approvals shall be
performed in a manner and by organizations acceptable to the Project Manager.
22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees
and costs; to the extent such re-inspections are due tothe fault or neglect of Contractor.
22.4 If any Work that is to be inspected, tested or approved is covered Without Written
concurrence from the Project Manager, such work must, if requested by Project Manager,
be uncovered for observation. Such uncovering shall be at Contractor's expense unless
Contractor has given Project Manager timely notice of Contractor's intention to cover the
same and Project Manager has not acted with reasonable promptness to respond to such
notice. If any Work is covered contrary to written directions from Project Manager, such
Work must, if requested by Project Manager, be uncovered for Project Manager's
observation and be replaced at Contractor's sole expense.
22.5 The Owner shall charge to Contractor and may deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in connection with
any overtime work. Such overtime work consisting of any work during the construction
period beyond the regular eight (8) hour day and for any work performed on Saturday,
Sunday or holidays.
22.6 Neither observations nor other actions by the Project Manager or Design
Professional nor inspections, tests or approvals by others shall relieve Contractor from
Contractor's obligations to perform the Work in accordance with the Contract Documents.
23. DEFECTIVE WORK.
23.1 Work not conforming to the requirements of the Contract Documents or any
warranties made or assigned by Contractor to Owner shall be deemed defective Work. If
required by Project Manager, Contractor shall as directed, either correct all defective Work,
whether or not fabricated, installed or completed, or if the defective Work has been
rejected by Project Manager, remove it from the site and replace it with non-defective
Work. Contractor shall bear all direct, indirect and consequential costs of such correction
or removal (including, but not limited to fees and charges of engineers, architects,
attorneys and other professionals) made necessary thereby, and shall hold Owner
harmless for same.
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested, Contractor, at Project Manager's request,
shall uncover, expose or otherwise make available for observation, inspection or tests a~
GC-CA-H-17
Project Manager may require, that portion of the Work in question, furnishing all necessary
labor, material and equipment. If it is found that such Work is defective, Contractor shall
bear all direct, indirect and consequential costs of such uncovering, exposure, observa.tion,
inspection and testing and of satisfactory reconstruction (including, but not limited to, fees
and charges of engineers, architects, attorneys and other professionals), and Owner shall
be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is
not found to be defective, Contractor shall be allowed an increase in the Contract Amount
and/or an extension to the Contract Time, directly attributable to such uncovering,
exposure, observation, inspection, testing and reconstruction.
23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient
skilled workers, suitable materials or equipment or fails to finish or perform the Work in
such a way that the completed Work will conform to the Contract Documents, Project
Manager may order Contractor to stop the Work, or any portion thereof, until the cause for
such order has been eliminated. The right of Project Manager to stop the Work shall be
exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as
obligating the Project Manager to exercise this right for the benefit of Design Engineer,
Contractor, or any other person.
23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to
accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and
consequential costs attributable to the Owner's evaluation of and determination to accept
defective Work. If such determination is rendered prior to final payment, a Change Order
shall be executed evidencing such acceptance of such defective Work, incorporating the
necessary revisions in the Contract Documents and reflecting an appropriate decrease in
the Contract Amount. If the Owner accepts such defective Work after final payment,
Contractor shall promptly pay Owner an appropriate amount to adequately compensate
Owner for its acceptance of the defective Work.
23.5 If Contractor fails, within a reasonable time after the written notice from Project
Manager, to correct defective Work or to remove and replace rejected defective Work as
required by Project Manager or Owner, or if Contractor fails to perform the Work in
accordance with the Contract Documents, or if Contractor fails to comply with any of the
provisions of the Contract Documents, Owner may, after seven (7) days written notice to
Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not
be required to give notice to Contractor in the event of an emergency. To the extent
necessary to complete corrective and remedial action, Owner may exclude Contractor
from any or all of the Project site, take possession of all or any part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery at the Project site and incorporate in
the Work all materials and equipment stored at the Project site or for which Owner has
paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design
Professional and their respective representatives, agents, and employees such access to
the Project site as may be necessary to enable Owner to exercise the rights and remedies
under this paragraph. All direct, indirect and consequential costs of Owner in exercising
such rights and remedies shall be charged against Contractor, and a Change Order shall
be issued, incorporating the necessary revisions to the Contract Documents, including an
appropriate decrease to the Contract Amount. Such direct, indirect and consequential
costs shall include, but not be limited to, fees and charges of engineers, arChitects,)
GC-CA-H-18
attorneys and other professionals, all court costs and all costs of repair and replacement of
work of others destroyed or damaged by correction, removal or replacement of
Contractor's defective Work. Contractor shall not be allowed an extension of the Contract
Time because of any delay in performance of the Work attributable to the exercise by
Owner of Owner's rights and remedies hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the
Work competently and efficiently, devoting such attention thereto and applying such skills
and expertise as may be necessary to perform the Work in accordance with the Contract
Documents. Contractor shall be responsible to see that the finished Work complies
accurately with the Contract Documents. Contractor shall keep on the Work at all times
during its progress a competent resident superintendent, who shall be subject to Owner's
approval and not be replaced without prior written notice to Project Manager except under
extraordinary circumstances. The superintendent shall be employed by the Contractor and
be the Contractor's representative at the Project site and shall have authority to act on
behalf of Contractor. All communications given to the superintendent shall be as binding
as if given to the Contractor. Owner shall have the right to direct Contractor to remove and
replace its Project superintendent, with or without cause. Attached to the Agreement as
Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key
personnel who are assigned to the Project; such identified personnel shall not be removed
without Owner's prior written approval, and if so removed must be immediately replaced
with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the Project
Manager are engaged in any activity whatsoever associated with the Project. Should the
Contractor fail to comply with the above condition, the Project Manager shall, at his
discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to
account for the Owner's loss of adequate project supervision, not as a penalty, but as
liquidated damages, separate from the liquidated damages described in Section 5.8, for
services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost
of any such loss or damage until final payment has been made. If Contractor or anyone
for whom Contractor is legally liable for is responsible for any loss or damage to the Work,
or other work or materials of Owner or Owner's separate contractors, Contractor shall be
charged with the same, and any moneys necessary to replace such loss or damage shall
be deducted from any amounts due Contractor.
25.2 Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
25.3 Contractor shall not disturb any benchmark established by the Owner or Design
Professional with respect to the Project. If Contractor, or its subcontractors, agents or
anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's
!<
GC-CA-H-19
benchmarks, Contractor shall immediately notify Project Manager and Design
Professional. The Owner or Design Professional shall re-establish the benchmarks and
Contractor shall be liable for all costs incurred by Owner associated therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the
Work or property at the Project site or adjacent thereto, Contractor, without special
instruction or authorization from Owner or Design Professional is obligated to act to
prevent threatened damage, injury or loss. Contractor shall give Project Manager written
notice within forty-eight (48) hours after Contractor knew .or should have known of the
occurrence of the emergency, if Contractor believes that any significant changes in the
Work or variations from the Contract Documents have been caused thereby. If the Project
Manager determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Change Order shall be issued to document
the consequences of the changes or variations. If Contractor fails to provide the forty-eight
(48) hour written notice noted above, the Contractor shall be deemed to have waived any
right it otherwise may have had to seek an adjustment to the Contract Amount or an
extension to the Contract Time.
27 . USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas identified
in and permitted by the Contract Documents and other lands and areas permitted by law,
rights of way, permits and easements, and shall not unreasonably encumber the Project
site with construction equipment or other material or equipment. Contractor shall assume
full responsibility for any damage to any such land or area, or to the owner or occupant
thereof, or any land or areas contiguous thereto, resulting from the performance of the
Work.
28. SAFETY.
28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Contractor shall take all
necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs,
walks, pavements, roadways, structures, utilities and any underground structures or
improvements not designated for removal, relocation or replacement in the Contract
Documents.
)1
GC-CA-H-20
28.2 Contractor 'Shall comply with all applicable codes, laws,ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or to
protect them from damage, injury or loss. Contractor shall erect and maintain all
necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent property and of underground structures and improvements and utility owners
when prosecution of the Work may affect them, and shall cooperate with them in the
protection, removal, relocation or replacement of their property. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue until such time as
the Work is completed and final acceptance of same by Owner has occurred.
28.3. Contractor shall designate a responsible representative located on a full time basis
at the Project site whose duty shall be the prevention of accidents. This person shall be
Contractor's superintendent unless otherwise designated in writing by Contractor to
Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner
property. All employees of Contractor, as well as those of all subcontractors and those of
any other person or entity for whom Contractor is legally liable (collectively referred to
herein as "Employees"), shall not possess or be under the influence of any such
substances while on any Owner property. Further, Employees shall not bring on to any
Owner property any gun, rifle or other firearm, or explosives of any kind.
28.5 Contractor acknowledges that the Work may be progressing on a Project site which
is located upon or adjacent to an existing Owner facility. In such event, Contractor shall
comply with the following:
28.5.1
All Owner facilities are smoke free. Smoking is strictly prohibited;
28.5.2 All Employees shall be provided an identification badge by Contractor.
Such identification badge must be prominently displayed on the outside of the Employees'
clothing at all times. All Employees working at the Project site must log in and out with the
Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work
areas and shall not permit any Employees to enter any other portions of Owner's property
without Owner's expressed prior written consent;
28.5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property, and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations
with respect to dress and conduct at the Project site. Further, all Employees shall comply
with the dress, conduct and facility regulations issued by Owner's officials onsite, as said
regulations may be changed from time to time;
28.5.6 All Employees shall enter and leave Owner's facilities only through the
ingress and egress points identified in the site utilization plan approved by Owner or as
otherwise designated, from time to time, by Owner in writing;
]A
GC-CA-H-21
28.5.7 When requested, Contractor shall cooperate with any ongoing Owner
investigation involving personal injury, economic loss or damage to Owner's facilities or
personal property therein;
28.5.8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not
permitted on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction
conference with the Project Manager, Design Professional and others as appropriate to
discuss the Progress Schedule, procedures for handling shop drawings and other
submittals, and for processing Applications for Payment, and to establish a working
understanding among the parties as to the Work. During the prosecution of the Work, the
Contractor shall attend any and all meetings convened by the Project Manager with
respect to the Project, when directed to do so by Project Manager or Design Professional.
The Contractor shall have its subcontractors and suppliers attend all such meetings
(including the pre-construction conference) as may be directed by the Project Manager.
30. VENDOR PERFORMANCE EVALUATION
Owner has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of $25,000. To this end, vendors will be evaluated on their
performance upon completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY
For all projects that are conducted within a Collier County Right-of-Way, the Contractor
shall provide and erect Traffic Control Devices as prescribed in the current edition of the
Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways
and as prescribed in the Florida Department of Transportations Design Standards (DS),
where applicable on state roadways. These projects shall also comply with Collier
County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies
are available through Risk Management and/or Purchasing Departments, and is available
on-line at colliergov.netlpurchasing.
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD,
FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to
become familiar with their requirements. Strict adherence to the requirements of the
Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs
associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice
of Award.
)z
GC-CA-H-22
32. SALES TAX SAVINGSAND DIRECT PURCHASE
32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated
with the Work or portions thereof, which are applicable during the performance of the
Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at
no additional cost to Owner, Contractor shall comply with and fully implement the sales tax
savings program with respect to the Work, as set forth in section 32.2 below:
32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from
sales tax and may wish to generate sales tax savings for the Project, Owner reserves the
right to make direct purchases of various construction materials and equipment included in
the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors
selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor
shall allow two weeks for execution of all such purchase orders by Owner. Contractor
represents and warrants that it will use its best efforts to cooperate with Owner in
implementing this sales tax savings program in order to maximize cost savings for the
Project. Adjustments to the Contract Amount will be made by appropriate Change Orders
for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change
Order shall be processed promptly after each Direct Purchase, or group of similar or
related Direct Purchases, unless otherwise mutually agreed upon between Owner and
Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain
responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling,
installing, warranting and quality control for all Direct Purchases. Notwithstanding anything
herein to the contrary, Contractor expressly" acknowledges and agrees that all Direct
Purchases shall be included within and covered by Contractor's warranty to Owner to the
same extent as all other warranties provided by Contractor pursuant to the terms of the
Contract Documents. In the event Owner makes a demand against Contractor with
respect to any Direct Purchase and Contractor wishes to make claim against the
manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner
shall assign to Contractor any and all warranties and Contract rights Owner may have from
any manufacturer or supplier of any such Direct Purchase by Owner.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for
sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise
taxes.
33. SUBCONTRACTS
33.1 Contractor shall review the design and shall determine how it desires to divide the
sequence of construction activities. Contractor will determine the breakdown and
composition of bid packages for award of subcontracts, based on the current Project
Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner
and Design Professional for their review and approval prior to submitting its first
Application for Payment. Contractor shall take into consideration such factors as natural
and practical lines of severability, sequencing effectiveness, access and availability
constraints, total time for completion, construction market conditions, availability of labor
and materials, community relations and any other factors pertinent to saving time and
costs.
Jh
GC-CA-H-23
33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or
providing any portion of the Work pursuant to a contract With Contractor. Contractor shall
be solely responsible for and have control over the Subcontractors. Contractor shall
negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for
Proposal, with all affected Subcontractors and shall review the costs of those proposals
and advise Owner and Design Professional of their validity and reasonableness, acting in
Owner's best interest, prior to requesting approval of any Change Order from Owner. All
Subcontractors performing any portion of the Work on this Project must be "qualified" as
defined in Collier County Ordinance 87-25, meaning a person or entity that has the
capability in all respects to perform fully the Agreement requirements with respect to its
portion of the Work and has the integrity and reliability to assure good faith performance.
33.3 In addition to those Subcontractors identified in Contractor's bid that were approved
by Owner, Contractor also shall identify any other Subcontractors, including their
addresses, licensing information and phone numbers, it intends to utilize for the Project
prior to entering into any subcontract or purchase order and prior to the Subcontractor
commencing any work on the Project. The list identifying each Subcontractor cannot be
modified, changed, or amended without prior written approval from Owner. Any and all
Subcontractor work to be self-performed by Contractor must be approved in writing by
Owner in its sole discretion prior to commencement of such work. Contractor shall
continuously update that Subcontractor list, so that it remains current and accurate
throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any
Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be
required to contract with anyone it reasonably objects to. Contractor shall keep on file a
copy of the license for every Subcontractor and sub-subcontractor performing any portion
of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase
orders between Contractor and its Subcontractors shall be in writing and are subject to
Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts
and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the
same extent Contractor is bound to Owner by the terms of the Contract Documents, as
those terms may apply to the portion of the Work to be performed by the Subcontractor, (2)
provide for the assignment of the subcontract or purchase order from Contractor to Owner
at the election of Owner upon termination of Contractor, . (3) provide that Owner will be an
additional indemnified party of the subcontract or purchase order, (4) provide that Owner
will be an additional insured on all liability insurance policies required to be provided by the
Subcontractor except workman's compensation and business automobile policies, (5)
assign all warranties directly to Owner, and (6) identify Owner as an intended third-party
beneficiary of the subcontract or purchase order. Contractor shall make available to each
proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract
Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly
make copies of such documents available to its sub-subcontractors.
33.5 Each Subcontractor performing work at the Project Site must agree to provide field
(on-site) supervision through a named superintendent for each trade (e.g., general
concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing).
included in its subcontract or purchase order. In addition, the Subcontractor shall assign
and name a qualified employee for scheduling direction for its portion of the Work. The
~
GC-CA-H-24
supervisory employees of the Subcontractor (including field superintendent, foreman and
schedulers at all levels) must have been employed in a supervisory (leadership) capacity
of substantially equivalent level on a similar project for at least two years within the last five
years. The Subcontractor shall include a resume of experience for each employee
identified by it to supervise and schedule its work.
33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and
purchase orders shall provide:
33.6.1 That the Subcontractor's exclusive remedy for delays in the performance
of the subcontract or purchase order caused by events beyond its control, including delays
claimed to be caused by Owner or Design Professional or attributable to Owner or Design
Professional and including claims based on breach of contract or negligence, shall be an
extension of its contract time.
33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such changes
plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this
Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the time
and in the manner in which Contractor must submit such claims to Owner, and that failure
to comply with such conditions for giving notice and submitting claims shall result in the
waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of, on
a current basis, all Project files and records, including, but not limited to, the following
administrative records:
34.1.1
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
;;
GC-CA-H-25
34.1 . 13
34.1 . 14
34.1 . 15
34.1. 16
34.1. 17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two (2)
times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior to
the scheduled presentation date, the Contractor shall meet with appropriate County staff to
discuss the presentation requirements and format. Presentations may include, but not be
limited to, the following information: Original contract amount, project schedule, project
completion date and any changes to the aforementioned since Notice to Proceed was
issued.
35. SECURITY
If required, Contractor shall be responsible for the costs of providing background checks
and drug testing for all employees that shall provide services to the County under this
Agreement. This may include, but not be limited to, checking federal, state and local law
enforcement records, including a state and FBI fingerprint check, credit reports,education,
residence and employment verifications and other related records. Contractor shall be
required to maintain records on each employee and make them available to the County for
at least four (4) years.
36. VENUE
Any suit or action brought by either party to this Agreement against the other party relating
to or arising out of this Agreement must be brought in the appropriate federal or state
/I
GC-CA-H-26
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all
such matters.
37. VALUE ENGINEERING
All projects with an estimated cost of $10 million or more shall be reviewed for
consideration of a Value Engineering (VE) study conducted during project development. A
"project" shall be defined as the collective contracts, which may include but not be limited
to: design, construction, and construction, engineering and inspection (CEI) services.
Additionally, any project with an estimated construction value of $2 million or more may be
reviewed for VE at the discretion of the County.
38. ABOVEGROUND/UNDERGROUND TANKS
An underground 62:-761, Florida Administrative Code (F.AC.) or aboveground 62-762,
F.AC. regulated tank requires notification to the 'County' prior to installation or closure of
the tank. The Pollution Control Department (239-252-2502), via contract GC-690 with the
Florida Department of Environmental Protection (FDEP), is the County (local program) for
the purposes of these rules.
Regulated tanks require notification to the 'county' local program thirty (30) days prior to
installation and again forty-eight (48) hours prior to commencement of the installation.
Closure activities require a ten (10) day notification and then a forty..eight (48) hour
notification prior to commencement. The notification is to allow for scheduling of the
inspections pertaining to the installation/closure activities. A series of inspections will be
scheduled based upon system design after discussing the project with the
contractor/project manager. Specifics on applicability, exemptions, and requirements for
regulated pollutant storage tank systems can be found in 62-761, F.AC. and 62'-762,
F.AC. or you may contact the Pollution Control Department with your questions. Please
note that equipment must be listed on the FDEP approved equipment list and will be
verified at inspection along with installation and testing procedures. The approved
equipment list is constantly updated and can be found at the FDEP Storage Tank
Regulation website along with rules, forms and other applicable information.
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR,
EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean,
well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The Owner may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Owner's projects is not in the best interest of the County.
)(
GC-CA-H-27
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
The County may, at its discretion, use VISA/MASTER card credit network as a payment
vehicle for goods and/or services purchased as a part of this contract.
CONTENTS:
SUBMITTAL OF SHOP DRAWINGS.....................................1
BORROW....................................................................... .1
PROTECTION OF UTILlTIES.............................................1
SUPPLEMENTAL POTHOLlNG...........................................1
OFF-SITE PUMPER TRUCKS..............................................2
PROTECTION OF LOCAL ROADS.......................................2
WATER.......................................................................... ..2
ALLOWANCES................................................................. .2
FUEL COST ADJUSTMENT.................................. ............. ...3
BITUMINOUS COST ADJUSTMENT......................................6
CONTRACTOR PRESENTATIONS..... ......... ..... .... .............. ...6
NOISE BARRIER WALL....... ....... ........ ... ...... ... ............ ........6
PROJECT INFORMATION SiGN............. .......... ........... .........7
4.2 MAST ARM STRUCTURES............................................... ........ 7
)!
GC-CA-I-1
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
SUBMITTAL OF SHOP DRAWINGS - Shop drawings are required as set forth in the
specifications. Payment will not be made for these items of work until approved shop
drawings have been received by the Engineer.
BORROW - A specific quantity has not been identified in the plans for borrow because its
need has not been foreseen, yet it is an item commonly needed. In the event there is not
an ample quantity of suitable material available from excavation items to construct the
embankments, the first 20,000 cubic yards of borrow will be included in the cost of
constructing the embankments. Any quantity above this amount will be subject to
negotiation.
PROTECTION OF UTILITIES
The contractor shall call for locates prior to any excavation. The existing utilities will be
potholed to verify their location when they are close enough to the work to be at risk for
damage. The contractor shall make every effort to protect existing utilities from damage
and to keep the utilities in service. The cost of potholing to protect existing utilities shall be
included in the cost of the work requiring it. Should any utility be damaged, the contractor
shall be responsible for all repairs including the need for both on-site and off-site pumper
trucks.
SUPPLEMENTAL POTHOLlNG
At the direction of the Engineer, Supplemental Potholing may be required. The purpose of
Supplemental Potholing is to obtain horizontal and vertical location of known utilities well in
advance of the work so they can be designed out of conflict. In the case of a foundation,
supplemental potholing may be used to probe for unknown utilities. Supplemental
Potholing is not a replacement for potholing to protect utilities, which is the responsibility of
the contractor. The unit contract price per each for "Supplemental Potholing" will be full
compensation for the labor, equipment and materials necessary to perform the work.
OFF-SITE PUMPER TRUCKS - The contractor shall provide off-site pumper trucks as
required by Public Utilities to pump down lift stations served by the project while service is
interrupted. The unit contract price per hour for "Off-Site Pumper Truck" shall include all
costs to perform this work. The cost of pumper trucks used to empty sewer mains within
the project shall be included in the unit price of the work involved.
PROTECTION OF LOCAL ROADS
This project is surrounded by local roads of which a great share are privately owned. The
contractor shall protect these roads and respect the privacy of the surrounding properties
by limiting access to and egress from the project to connections at Rattlesnake Hammock
Road and Davis Boulevard ends of the project. The contractor shall post written notice of
this requirement on the jobsite and include this provision in contracts with their sub-
contractors and suppliers, The contractor shall be responsible for all damages to local),
GC-CA-I-2
roads as a result of their employees, subcontractors or suppliers not complying with this
restriction.
WATER - No bid item is provided for water. The cost of providing water shall be included
in the unit price for work that requires it.
ALLOWANCES - Included within the Bid Schedule are Allowances for various elements of
the work that, although engineered, may likely encounter unforeseen conditions, some of a
public health. and safety nature. The Owner has determined these allowances and
considers them reasonable budgetary estimates to promptly manage unforeseen
conditions, including those of a public health and safety nature. Allowance may not fully
represent the actual cost of work. If the cost of work exceeds the allowance amount, the
Owner will provide additional allowance funds to complete the work or accept the work in
its current state of completion. Upon approval by the Owner, Allowances may be used by
the Engineer to pay costs and expenses associated with the categories indicated below:
ROADWAY ITEMS ALLOWANCE
UTILITY ITEMS ALLOWANCE
SIGNING & PAVEMENT MARKING ITEMS ALLOWANCE
SIGNALIZATION ITEMS ALLOWANCE
LIGHTING ITEMS ALLOWANCE
$1,850,000.00
$ 450,000.00
$ 10,000.00
$ 35,000.00
$ 90,000.00
FUEL COST ADJUSTMENT
9-2.1.1 Fuels: The County has estimated the following fuel requirements for gasoline and
diesel to cover the work specified in the Contract:
PAY ITEM ITEM DESCRIPTION UNIT QUANTITY GASOLINE DIESEL
NUMBER(S) (GALLONS) (GALLONS)
0110-1-1 Clearing & Grubbing LS/AC 63 2,016 2,875
0120-1 Regular Excavation CY 229,675 643 46,280
0120-4 Subsoil Excavation CY 40,000 172 11,152
0120-6 Embankment CY 203,054 6,924 105,080
0160-4 Type B Stabilization SY 122,423 3,746 14,642
0285-709 Base Optional (Group 09) SY 110,171 10,164 48,025
0327-70-1 Mill Existing Asphalt Pavement SY 1,200 34 109
0334-1-13 Superpave Asphalt Concrete TN 110,171 19,390 509,212
0337-7-7 Asphalt Concrete Friction Course (Rubber) TN 110,171 19,390 509,212
0400-1-2 Concrete Class I and IV CY 215 55 402
0400-4-1
0415-1-6 Reinforcing Steel LB 31,500 0 41
0425-1- to Drainage Inlets, and Manholes EA 146 192 1,157
0425-2-
0430-171- to Pipe Culvert (Concrete) LF 18,819 3,189 10,588
0430-174-
0520-1-10 Concrete Curb & Gutter LF 45,405 0 8,197
0522-1 Concrete Sidewalk 6-inch SY 14,121 0 3,964
TOTAL *(GALLONS) 65,915 1,270,936
Jz
GC-CA-I-3
* Refer to FDOT Website at www.dot.state.fl.us/construction/fuel&Bit/Fuel&Bilt.com for
factors and spreadsheet.
. Price adjustments will be made only for the amount of gasoline and diesel fuel estimated
by the Engineer as required completing the Contract. The requirement of each type of fuel
for each pay item is estimated by multiplying the FDOT standard fuel factor for that pay
item by the quantity of that pay item. Price adjustments made for fuel used after expiration
of the last allowable Contract Day (including any time extensions) will be limited to the
increases or decreases dictated by the index in effect on the last allowable Contract Day.
On Contracts with an original Contract Time in excess of 120 calendar days, the Engineer
will make price adjustments on each applicable progress estimate to reflect increases or
decreases in the price of gasoline and diesel from those in effect during the month in which
bids were received. The Contractor will not be given the option of accepting or rejecting
these adjustments. Price adjustments for these fuels will be made only when the current
fuel price (CFP) varies by more than 5% from the price prevailing in the month when bids
were received (BFP), and then only on the portion that exceeds 5%.
Price adjustments will be based on the monthly bulk average price for gas and
diesel as derived by the FDOT. These average indexes shall be determined by averaging
bulk fuel prices on the first day of each month as quoted by major oil companies that are
reasonably expected to furnish fuel for projects in the State of Florida. Average price
indices for gasoline and diesel will be available on the Construction Office website before
the 15th of each month, at the following URL:
www.dot.state.fl;us/construction/fuel&BitlFuel&Bit.htm .
Payment will be based on the quantities shown on the progress estimate on all
items for which established standard fuel factors are on a file maintained by the FOOT.
Price adjustments will not be made for Items of work added by contingency
supplemental agreement, supplemental agreement, field supplemental agreement, or work
orders.
Payment on progress estimates will be adjusted to reflect adjustments in the prices
for gasoline and diesel in accordance with the following:
When fuel prices have decreased between month of bid and month of
this progress estimate:
Ai = Fi (Pi.,. 95 Pb) during a period of decreasing prices.
Ai = Total dollar amount - positive or negative - of the cost adjustment
for each kind of fuel used by the Contractor during the month "i."
Fi = Total gallons calculated as being used during the month.
Pi = Average price for fuel prevailing during month "i."
Pb = Average price for fuel prevailing during the month "b" when bids
were received on this Contract.
When fuel prices have increased between month of bid and month of
this progress estimate:
Ai = Fi (Pi - 1.05 Pb) during a period of increasing prices.
Ai = Total dollar amount - positive or negative - of the cost adjustment
for each kind of fuel used by the Contractor during the month "i."
]A
GC-CA-I-4
Fi = Total gallons calculated as being used during the month.
Pi = Average price for fuel prevailing during month "L"
Pb = Average price for fuel prevailing during the month "b" when bids
were received on this Contract.
Payment will be made under the item "Fuel Cost Adjustment" on the
current progress estimate to reflect the index difference at thetime work was performed.
Adjustments will be paid or charged to the Prime Contractor only. Any
Contractor receiving an adjustment under this provision shall distribute the proper
proportional part of such adjustment to subcontractors who perform applicable work.
BITUMINOUS COST ADJUSTMENT
"Subarticle 9-2.1.2 Bituminous Cost Adjustment: A primary cost factor of this bid is
based on the price of petroleum. Conditions in this market are highly unstable and
beyond the control of the bidder. Therefore, the prices bid for asphalt may be adjusted
each month based on the increase or decrease of liquid asphalt. Any adjustment will be
determined by the Florida DOT Asphalt Price Index. For each $.01 change in the index,
the quoted price by a successful bidder may be adjusted $.01 per square yard per inch
of depth or $.20 per ton.
Each increase or decrease by the successful supplier must be accompanied by a letter
to the Purchasing Department, with copies to the Finance Department and the
Transportation Road Maintenance Contracts Agent stating the price changes and
substantiating the change with a copy of the current month's Florida DOT Asphalt Price
Index and original certified bituminous material supplier invoices and bills of materials.
Payment will be made under the item "Bituminous Cost Adjustment."
CONTRACTOR PRESENTATIONS
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two (2)
times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior to
the scheduled presentation date, the Contractor shall meet with appropriate County staff to
discuss the presentation requirements and format. Presentations may include, but not be
limited to, the following information: Original contract amount, project schedule, project
completion date and any changes to the aforementioned since Notice to Proceed was
issued. All costs associated with participating in this process will be included in the
contract price of "As-Built Plans."
NOISE BARRIER WALL
The contractor shall construct noise barrier walls at the locations shown on the plans. The
wall to be constructed from station 380+19 to 394+08 on the left is to be constructed
twelve (12) feet inside the existing right of way in order not to disturb fountains, pumps and
landscaping that exist within the right of way. The Contractor shall use care to preserve as
fl
GC-CA-I-5
much of the existing vegetation as possible when constructing this wall and shall replace
or repair damage to the water features caused by construction.
PROJECT INFORMATION SIGN
The contractor shall provide project information sign at each end of the project. Details of
the sign are provided in the plans. All costs to provide and install the projects signs will be
included in the unit price per each for "Project Information Sign."
MAST ARM STRUCTURES
4.2.1 Supplemental Specifications thereto, and the Roadway and Traffic Design
Standards, latest edition. The work shall also be in accordance with AASHTO "Standard
Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals",
FDOT Structures Design Standards and Guidelines, FDOTStandardSpecifications-for
Road and Bridge Construction, Latest Edition.
4.2.2 The Galvanized Mast Arm and Upright finish coat shall be per the following and shall
have a seven (7) year warranty against (1) flaking, peeling or delamination from substrate;
(2) any loss of gloss exceeding 50% of the original applied gloss and/or fadirtg and color
change exceeding a LlE of 15 as measured on the CIE 1976 Lab uniform Code Scale.
Original color and gloss shall be determined six (6) months after installation by the coating
manufactures representative.
Ameron Coatings PSX 700T3
Color #510007-217 "English Ivy"
Finish: High Gloss
Volume Solids: 90% :!: 3% mixed
Theoretical Wet Film Thickness: 7.0 Mils
Theoretical Dry Film Thickness: 5.1 Mils
Ensure all surfaces to be coated are clean, dry, and free from oil, grease, dirt, dust, soluble
salts, corrosion, and any other surface contaminants. Sequence the surface preparations
and coating operations so that freshly applied coatings will not be contaminated by dust or
foreign matter and per the manufactures instructions.
4.2.3 The Contractor shall field galvanize, prime and paint the areas of mast arm and
upright poles damaged or affected by field cutting or drilling operations per the
above finish specification.
4.2.4 Mast arms are to be physically and structurally designed to accommodate the
installation of 5-section left turn signal heads in place of 3-section heads for future
left turn phases.
4.2.5 Mast arm bases are to be left un-grouted until the leveling nut installation is
inspected by the county.
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GC-CA-I-6
EXHIBIT J
TECHNICAL SPECIFICATIONS
CONTENTS: Provided Under Separate File
Call For CD-Rom to be mailed - if you provide a courier's account number, it can be
shipped for overnight delivery)
Exhibit J-1 Technical Specifications - Backfill Detail
Exhibit J-2 Technical Specifications - Signalization
Exhibit J-3 Technical Specifications -Lighting
Exhibit J-4 Technical Specifications - County Utilities - See County Utility Manuaf
Exhibit J-5 Technical Specifications - GIS Standard
)
GC-CA-J-1
EXHIBIT K
PERMITS
CONTENTS: Provided Under Separate File
Call For CD-Rom to be mailed - if you, provide a courier's account number, it can be
shipped for overnight delivery)
GC-CA-K-1
),
EXHIBIT L
STANDARD DETAILS
)
GC-CA-L-1
EXHIBIT M
PLANS AND SPECIFICATIONS
The following special provisions, taken from Division I of the FDOT Standard
Specifications for Road and Bridge Construction (2007, Division I, sections 1, 4, 5,
7, 8, 9 and 2000, Division I, section 6) are adopted and made a part of this
contract. Many sections of Division I have been deleted and in some cases
replaced by provisions in EXHIBIT H. The Contractor is responsible for reviewing
all contract documents and sections. If a section within the FDOT Specifications
for Road and Bridge Construction is deleted and there is no section in EXHIBIT H
that section is deleted and not applicable to this project.
DIVISION II and III of the FDOT Standard Specifications for Road and Bridge
Construction (2007) and the following special provisions amending the standard
specifications are adopted and made a part of this contract as amended. All
references to acceptance testing being performed by the Contractor shall be
disregarded.
Any references in Division II and II to sections within Division I which have been
deleted and replaced by provisions in Exhibit H shall be treated as references to
the applicable section within Exhibit H.
ORDER OF PRECEDENCE
The order of precedence provided in Section 17 of the Construction Agreement is
supplemented by the following:
1. Exhibit I - Supplemental Conditions.
2. Construction Agreement
3. Exhibit H - General Terms and Conditions
4. Advertisement for bids, instructions to bidders, proposal, contract form,
payment and performance bond.
5. Exhibit M - Plans
6. Exhibit M - Specifications
7. Exhibit J - Technical Specifications
8. FDOT Roadway and Traffic Design Standards
9. FDOT Standard Specifications for Roadway and Bridge Construction
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II. CONSTRUCTION DETAILS
Superpave Asphalt Concrete..............................;............................. 57
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SECTION 1 DEFINITIONS AND TERMS
1-1 General.
These Specifications are written to the bidder, prior to award of the Contract, and to the
Contractor. Within Divisions I and II of the specifications, sentences that direct the Contractor to
perform work are written in the active voice-imperative mood. These directions to the Contractor
are written as commands. In the imperative mood, the subject "the bidder" or "the Contractor" is
understood.
All other requirements to be performed by others, with the exception of the Method of
Measurement and the Basis of Payment Articles, have been written in the active voice, but not in
the imperative mood. Sentences written in the active voice identify the party responsible for
performing the action. For example, "The Engineer will determine the density of the compacted
material." Certain requirements of the Contractor may also be written in the active voice, rather
than active voice-imperative mood.
Division III of the Specifications (Materials) is written in the passive voice writing style.
1-2 Abbreviations.
The following abbreviations, when used in the Contract Documents, represent the full text
shown.
AAN American Association of Nurserymen, Inc.
AASHTO American Association of State Highway and Transportation Officials
ACI American Concrete Institute
AGC The Associated General Contractors of America, Inc.
AGMA American Gear Manufacturers Association
AlA American Institute of Architects.
AISI American Iron and Steel Institute
ANSI American National Standards Institute, Inc.
AREA American Railway Engineering Association
ASCE American Society of Civil Engineers
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
A WG American Wire Gauge.
A WP A American Wood Preservers Association
A WS American Welding Society
A WW A American Water Works Association
CRSI Concrete Reinforcing Steel Institute
EASA Electrical Apparatus Service Association
EPA Environmental Protection Agency of the United States Government
FDOT Florida Department of Transportation
FHW A Federal Highway Administration
FSS Federal Specifications and Standards
IEEE Institute of Electrical and Electronics Engineers
IES Illuminating Engineering Society
IPCEA Insulated Power Cable Engineers Association
ISO International Organization for Standards
MSTCSD Minimmn Specifications for Traffic Control Signals and Devices h.
MUTCD Manual on Uniform Traffic Control Devices I h
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NEC National Electrical Code
NEMA National Electrical Manufacturers Association
NFP A National Fire Protection Association
NIST National Institute for Standards and Teclmology
NOAA National Oceanic and Atmospheric Administration
OSHA Occupational Safety and Health Administration
SAE Society of Automotive Engineers
SI International System of Units
SSPC Society of Protective Coatings
DL Underwriters' Laboratories
Each of the above abbreviations, when followed by a number or letter designation, or
combination of numbers and letters, designates a specification, test method, or other code
or recommendation of the particular authority or organization shown.
Use standards, specifications, test methods, or other codes as specified in the current
edition at the time of the bid opening.
1-3 Definitions.
The following terms, when used in the Contract Documents, have the meaning described
Advertisement.
The public announcement, as required by law, inviting bids for work to be performed or
materials to be furnished, usually issued as "Notice to Contractors," or "Notice to
Bidders."
Article.
The numbered prime subdivision of a Section of these Specifications.
Bidder.
An individual, firm, or corporation submitting a proposal for the proposed work.
Bridge.
A structure, including supports, erected over a depression or over an obstruction such as
water, highway or railway, or for elevated roadway, for carrying traffic or other moving
loads, and having a length, measured along the center of the roadway, of more than 20
feet between the inside faces of end supports. A multiple-span box culvert is considered a
bridge, where the length between the extreme ends of the openings exceeds 20 feet.
Calendar day.
Every day shown on the calendar, ending and beginning at midnight.
Change Order.
A written order issued by the Department and accepted by the Contractor, covering minor
changes in the plans, specifications, or quantities of work, within the scope of the
Contract, when prices for the items of work affected are previously established in the
Contract.
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Contract.
The term "Contract" means the entire and integrated agreement between the parties
thereunder and supersedes all prior negotiations, representations, or agreements, either
written or oral. The Contract Documents form the Contract between the Department and
the Contractor setting forth the obligations of the parties thereunder, including, but not
limited to, the performance of the Work and the basis of payment.
Contract Claim (Claim).
A written demand submitted to the Department by the Contractor in compliance with 5-
12.3 seeking additional monetary compensation, time, or other adjustments to the
Contract, the entitlement or impact of which is disputed by the Department.
Contract Documents.
The term "Contract Documents" includes: Advertisement for Proposal, Proposal,
Certification as to Publication and Notice of Advertisement for Proposal, Appointment of
Agent by Nonresident Contractors, Noncollusion Affidavit, Warranty Concerning
Solicitation of the Contract by Others, Resolution of Award of Contract, Executed Form
of Contract, Performance Bond and Payment Bond, Standard Specifications,
Supplemental Specifications, Special Provisions, plans, Addenda, or other information
mailed or otherwise transmitted to the prospective bidders prior to the receipt of bids,
change orders, field orders, and supplemental agreements, all of which are to be treated
as one instrument whether or not set forth at length in the form of contract.
Note: As used in Sections 2 and 3 only, Contract Documents do not include change
orders, field orders, and supplementary agreements. As used in Section 2 only, Contract
Documents also do not include Resolution of Award of Contract, Executed Form of
Contract, and Performance and Payment Bond.
Contract Bond.
The security furnished by the Contractor and the surety as a guaranty that the Contractor
shall fulfill the terms of the Contract and pay all legal debts pertaining to the construction
of the project.
Contract Letting.
The date that the Department opened the bid proposals.
Contract Time.
The number of calendar days allowed for completion of the Contract work, including
authorized time extensions.
Contractor.
The individual, firm, joint venture, or company contracting with the Department to
perform the work.
Contractor's Engineer of Record.
A Professional Engineer registered in the State of Florida, other than the Engineer of
Record or his subcontracted consultant, who undertakes the design and drawing of h
components of the permanent structure as part of a redesign or VEep, or for repair /"
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designs and details of the permanent work. The Contractor's Engineer of Record may
also serve as the Specialty Engineer.
The Contractor's Engineer of Record must be an employee of a pre-qualified firm. The
firm shall be pre-qualified in accordance with the Rules of the Department of
Transportation, Chapter 14-75. Any Corporation or Partnership offering engineering
services must hold a Certificate of Authorization from the Florida Department of
Business and Professional Regulation.
As an alternate to being an employee of a pre-qualified firm, the Contractor's Engineer of
Record may be a pre-qualified Specialty Engineer. For items of the permanent work
declared by the State Construction Office to be "major" or "structural", the work
performed by a pre-qualified Specialty Engineer must be checked by another pre-
qualified Specialty Engineer; An individual Engineer may become pre-qualified in the
work groups listed in the Rules of the Department of Transportation, Chapter 14-75, if
the requirements for the Professional Engineer are met for the individual work groups.
Pre-qualified Specialty Engineers are listed on the State Construction Website. Pre-
qualified Specialty Engineers will not be authorized to perform redesigns or VECP
designs of items fully detailed in the plans.
Controlling Work Items.
The activity or work item on the critical path having the least amount of total float. The
controlling item of work will also be referred to as a Critical Activity.
Culverts.
Any structure not classified as a bridge that provides an opening under the roadway.
Delay.
Any unanticipated event, action, force or factor which extends the Contractor's time of
performance of any controlling work item under the Contract. The term "delay" is
intended to cover all such events, actions, forces or factors, whether styled "delay",
"disruption", "interference", "impedance", "hindrance", or otherwise, which are beyond
the control of and not caused by the Contractor, or the Contractor's subcontractors,
materialmen, suppliers or other agents. This term does not include "extra work".
Department.
Collier County Board of County Commissioners
Developmental Specification.
See definition for Specifications.
Engineer.
The Director, Collier County Transportation and Construction Management Department
(TECM), acting directly or through duly authorized representatives; such representatives
acting within the scope of the duties and authority assigned to them.
Note: In order to avoid cumbersome and confusing repetition of expressions in these
Specifications, it is provided that whenever anything is, or is to be done, if, as, or, when,
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or where "acceptable, accepted, approval, approved, authorized, condemned, considered
necessary, contemplated, deemed necessary, designated, determined, directed,
disapproved, established, given, indicated, insufficient, ordered, permitted, rejected,
required, reserved, satisfactory, specified, sufficient, suitable, suspended, unacceptable,
or unsatisfactory," it shall be understood as ifthe expression were followed by the words
"by the Engineer," "to the Engineer," or "of the Engineer."
Engineer of Record.
The Professional Engineer or Engineering Firm registered in the State of Florida that
develops the criteria and concept for the project, performs the analysis, and is responsible
for the preparation ofthe Plans and Specifications. The Engineer of Record may be
Departmental in-house staff or a consultant retained by the Department.
The Contractor shall not employ the Engineer of Record as the Contractor's Engineer of
Record or as a Specialty Engine~r~
Equipment.
The machinery and equipment, together with the necessary supplies for upkeep and
maintenance thereof, and all other tools and apparatus necessary for the construction and
acceptable completion of the work.
Extra Work.
Any "work" which is required by the Engineer to be performed and which is not
otherwise covered or included in the project by the existing Contract Documents, whether
it be in the nature of additional work, altered work, deleted work, work due to differing
site conditions, or otherwise. This term does not include a "delay".
Highway, Street, or Road.
A general term denoting a public way for purposes of vehicular travel, including the
entire area within the right-of-way.
Holidays.
Days designated by the State Legislature or Cabinet as holidays, which include, but are
not limited to, New Year's Day, Martin Luther King's Birthday, Memorial Day,
Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and the following
Friday, and Christmas Day.
Inspector.
An authorized representative of the Engineer, assigned to make official inspections of the
materials furnished and of the work performed by the Contractor.
Laboratory.
The official testing laboratory used by the Department.
Major Item of Work.
Any item of work having an original Contract value in excess of 5% of the original
Contract amount.
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Materials.
Any substances to be incorporated in the work under the Contract.
Median.
The portion of a divided highway or street separating the traveled ways for traffic moving
in opposite directions.
Plans.
The approved plans, including reproductions thereof, showing the location, character,
dimensions, and details of the work.
Proposal (Bid, Bid Proposal).
The offer of a bidder, on the prescribed form, to perform the work and to furnish the
labor and materials at the prices quoted.
Proposal Form.
The official form or the expedite program generated bid item sheets on which the
Department requires formal bids to be prepared and submitted for the work.
Proposal Guaranty
The security furnished by the bidder as guaranty that the bidder will enter into the
Contract for the work if the Department accepts the proposal.
Right-of-Way.
The land that the Department has title to, or right of use, for the road and its structures
and appurtenances, and for material pits furnished by the Department.
Roadbed.
The portion of the roadway occupied by the subgrade and shoulders.
Roadway.
The portion of a highway within the limits of construction.
Secretary.
Transportation Administrator, Collier County, acting directly or through an assistant or
other representative authorized by him",
Section.
A numbered prime division of these Specifications.
Special Provisions.
See definition for Specifications.
Specialty Engineer.
A Professional Engineer registered in the State of Florida, other than the Engineer of
Record or his subcontracted consultant, who undertakes the design and drawing
preparation of components, systems, or installation methods and equipment for specific
temporary portions of the project work or for special items of the permanent works not
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fully detailed in the plans and required to be furni~hed by the Contractor such as but not
limited to pot bearing designs, non-standard expansion joints, MSE wall designs and
other specialty items. The Specialty Engineer may also provide designs and details for
items of the permanent work declared by the State Construction Office to be "minor" or
"non-structural". The Specialty Engineer may be an employee or officer of the Contractor
or a fabricator, an employee or officer of an entity providing components to a fabricator,
or an independent consultant.
For items of work not specifically covered by the Rules of the Department of
Transportation; a Specialty Engineer is qualified if he has the following qualifications:
(1) Registration as a Professional Engineer in the State of Florida.
(2) The education and experience necessary to perform the submitted design as required
by the Florida Department of Business and Professional Regulation.
Specifications.
The directions, provisions, and requirements contained herein, together with all
stipulations contained in the Contract Documents, setting out or relating to the method
and manner of performing the work, or to the quantities and qualities of materials and
labor to be furnished under the Contract.
A. Standard Specifications: "Standard Specifications for Road and Bridge Construction"
a bound book, applicable to all Department Contracts containing adopted requirements,
setting out or relating to the method or manner of performing work, or to the quantities
and qualities of materials and labor.
B. Supplemental Specifications: Approved additions and revisions to the Standard
Specifications, applicable to all Department Contracts.
C. Special Provisions: Specific clauses adopted by the Department that add to or revise
the Standard Specifications or supplemental specifications, setting forth conditions
varying from or additional to the Standard Specifications applicable to a specific project.
D. Technical Special Provisions: Specifications, of a technical nature, prepared, signed,
and sealed by an Engineer registered in the State of Florida other than the State
Specifications Engineer or his designee, that are made part of the Contract as an
attachment to the Contract Documents.
E. Developmental Specification: A specification developed around a new process,
procedure, or material.
Standard Specifications.
See definition for Specifications.
State.
State of Florida.
Subarticle.
A headed and numbered subdivision of an Article of a Section of these Specifications.
Subgrade.
The portion ofthe roadbed immediately below the base course or pavement, including
below the curb and gutter, valley gutter, shoulder and driveway pavement. The subgrade h
limits ordinarily include those portions of the roadbed shown in the plans to be / ;,
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constructed to a design bearing value or to be otherwise specially treated. Where no
limits are shown in the plans, the sub grade section extends to a depth of 12 inches below
the bottom of the base or pavement and outward to 6 inches beyond the base, pavement,
or curb and gutter.
Substructure.
All of that part of a bridge structure below the bridge seats, including the parapets,
backwalls, and wingwalls of abutments.
Superintendent.
The Contractor's authorized representative in responsible charge of the work.
Superstructure.
The entire bridge structure above the substructure, including anchorage and anchor bolts,
but excluding the parapets, backwalls, and wingwalls of abutments.
Supplemental Agreement
A written agreement between the Contractor and the Department, and signed by the
surety, modifying the Contract within the limitations set forth in these Specifications.
Supplemental Specifications
See definition for Specifications.
Surety.
The corporate body that is bound by the Contract Bond with and for the Contractor and
responsible for the performance of the Contract and for payment of all legal debts
pertaining thereto.
Technical Special Provisions.
See definition for Specifications.
Traveled Way.
The portion of the roadway providing for the movement of vehicles, exclusive of
shoulders and auxiliary lanes.
Unilateral Payment.
A payment of money made to the Contractor by the Department pursuant to Section .
337.11(11), Florida Statutes (1997), for sums the Department determines to be due to the
Contractor for work performed on the project, and whereby the Contractor by acceptance
of such payment does not waive any rights the Contractor may otherwise have against the
Department for payment of any additional sums the Contractor claims are due for the
work.
Work.
All labor, materials and incidentals required to execute and complete the requirements of
the Contract including superintendence, use of equipment and tools, and all services and
responsibilities prescribed or implied.
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Working Day.
Any calendar day on which the Contractor works or is expected to work in accordance
with the approved work progress schedule.
SECTION 2 NOTE:
OMITTED ENTIRELY
(Proposal Requirements and Conditions 2007)
SECTION 3 NOTE:
OMITTED ENTIRELY
(Award and Execution of Contract 2007)
SECTION 4
SCOPE OF THE WORK
4-1 Omitted Entirely (Intent of Contract)
4-2 Omitted Entirely (Work not Covered by Standard Specifications)
4-3 Alteration of Plans or of Character of Work.
4-3.1 General: The Engineer reserves the right to make, at any time prior to or during
the
progress of the work, such increases or decreases in quantities, whether a significant
change or not, and such alterations in the details of construction, whether a substantial
change or not, including but not limited to alterations in the grade or alignment of the
road or structure or both, as may be found necessary or desirable by the Engineer. Such
increases, decreases or alterations shall not constitute a breach of Contract, shall not
invalidate the Contract, nor release the Surety from any liability arising out of this
Contract or the Surety bond. The Contractor agrees to perform the work, as altered, the
same as if it had been a part of the original Contract.
The term "significant change" applies only when:
(A) The Engineer determines that the character of the work as altered
differs materially in kind or nature from that involved or included in the original
proposed construction, or
(B) A major item of work, as defined in 1-3, is increased in excess of
125% or decreased below 75% ofthe original Contract quantity. The Department will
apply any price adjustment for an increase in quantity only to that portion in excess of
125% of the original Contract item quantity, or in case of a decrease below 75% to the.
actual amount of work performed, such allowance to be determined in accordance with
4-3.2, below.
In the instance of (A) above, the determination by the Engineer shall be conclusive
and shall not subject to challenge by the Contractor in any forum, except upon the
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Contractor establishing by clear and convincing proof that the determination by the
Engineer was without any reasonable and good-faith basis.
4-3.2.1 Allowable Costs for Extra Work: The Engineer may direct in writing that
extra work be done and, at the Engineer's sole discretion, the Contractor will be paid
pursuant to an agreed Supplemental Agreement or in the following manner: .
(a) Labor and Burden: The Contractor will receive payment for actual costs of
direct labor and burden for the additional or unforeseen work. Labor includes foremen
actually engaged in the work; and will not include project supervisory personnel nor
necessary on-site clerical staff, except when the additional or unforeseen work is a
controlling work item and the performance of such controlling work item actually
extends completion of the project due to no fault of the Contractor. Compensation for
project supervisory personnel, but in no case higher than a Project Manager's position,
shall only be for the pro-rata time such supervisory personnel spent on the contract. In no
case shall an officer or director of the Company, nor those persons who own more than
I % of the Company, be considered as project supervisory personnel, direct labor or
foremen hereunder.
Payment for burden shall be limited solely to the following:
Table 4-3.2.1
Item Rate
FICA Rate established by Law
FUT A/SUT A Rate established by Law
Medical Insurance Actual
Holiday, Sick & Actual
Vacation benefits
Retirement benefits Actual
Workers Compensation Rates based on the National Council on Compensation
Insurance basic rate tables, adjusted by Contractor's actual
experience modification factor in effect at the time of the
additional work or unforeseen work.
Per Diem Actual but not to exceed State of Florida's rate
Insurance * Actual
*Compensation for Insurance is limited solely to General Liability Coverage and does not
include any other insurance coverage (such as, but not limited to, Umbrella Coverage,
Automobile Insurance, etc.).
At the Pre-construction conference, certify to the Engineer the
following:
(1) A listing of on-site clerical staff, supervisory personnel and their pro-rated
time assigned to the contract,
(2) Actual Rate for items listed in Table 4-3.2.1,
(3) Existence of employee benefit plan for Holiday, Sick and Vacation benefits
and a Retirement Plan, and,
(4) Payment of Per Diem is a company practice for instances when compensation
for Per Diem is requested.
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Such certification must be made by an officer or director of the Contractor with
authority to bind the Contractor. Timely certification is a conditionprecedent to any right
of the Contractor to recover compensations for such costs, and failure to timely submit
the certification will constitute a full, complete, absolute and irrevocable waiver by the
Contractor of any right to recover such costs. Any subsequent changes shall be certified
to the Engineer as part of the cost proposal or seven calendar days in advance of
performing such extra work.
(b) Materials and Supplies: For materials accepted by the Engineer and used on
the project, the Contractor will receive the actual cost of such materials incorporated into
the work, including Contractor paid transportation charges (exclusive of equipment as
hereinafter set forth). For supplies reasonably needed for performing the work, the
Contractor will receive the actual cost of such supplies.
( c) Equipment: For any machinery or special equipment (other than small
tools), including fuel and lubricant, the Contractor will receive 100% of the "Rental Rate
Blue Book" for the actual time that such equipment is in operation on the work, and 50%
of the "Rental Rate Blue Book" for the time the equipment is directed to standby and
remain on the project site, to be calculated as indicated below. The equipment rates will
be based on the latest edition (as of the date the work to be performed begins) ofthe
"Rental Rate Blue Book for Construction Equipment" or the "Rental Rate Blue Book for
Older Construction Equipment," whichever is applicable, as published by Machinery
Information Division ofPRIMEDIA Information, Inc. (version current at the time of bid),
using all instructions and adjustments contained therein and as modified below. On all
projects, the Engineer will adjust the rates using regional adjustments and Rate
Adjustment Tables according to the instructions in the Blue Book.
Allowable Equipment Rates will be established as set out below:
(1) Allowable Hourly Equipment Rate = Monthly Rate/176
x Adjustment Factors x 100%.
(2) Allowable Hourly Operating Cost = Hourly Operating
Cost x 100%.
(3) Allowable Rate Per Hour = Allowable Hourly
Equipment Rate + Allowable Hourly Operating Cost.
(4) Standby Rate = Allowable Hourly Equipment
Ratex 50%.
The Monthly Rate is The Basic Machine Rate Plus Any Attachments. Standby
rates will apply when equipment is not in operation and is directed by the Engineer to
standby at the project site when needed again to complete work and the cost of moving
the equipment will exceed the accumulated standby cost. Standby rates will not apply on
any day the equipment operates for eight or more hours. Standby payment will be limited
to only that number of hours which, when added to the operating time for that day equals
eight hours. Standby payment will not be made on days that are not normally considered
work days on the proj ect.
The Department will allow for the cost of transporting the equipment to and from
the location at which it will be used. If the equipment requires assembly or disassembly
for transport, the Department will pay for the time to perfOlID this work at the rate for
standby equipment.
Equipment may include vehicles utilized only by Labor, as defined
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above.
(d) Indirect Costs, Expenses, and Profit: Compensation for all indirect
costs, expenses, and profit of the Contractor, including but not limited to overhead of any
kind, whether jobsite, field office, division office, regional office, home office, or
otherwise; is expressly limited to the greater of either (1) or (2) below:
(1) Solely a mark-up of 17.5% on the payments inCa) through (c),
above.
(i) Bond: The Contractor will receive compensation for any premium for acquiring a
bond for such additional or unforeseen work; provided, however, that such payment for
additional bond will only be paid upon presentment to the Department of clear and
convincing proof that the Contractor has actually provided and paid for separate bond
premiums for such additional or unforeseen work in such amount.
(ii) The Contractor will be allowed a markup of 10% on the first $50,000 and a markup of
5% on any amount over $50,000 on any subcontract directly
related to the additional or unforeseen work. Any such subcontractor mark-up will be
allowed only by the prime Contractor and a first tier subcontractor, and the Contractor
must elect the markup for any eligible first tier subcontractor to do so.
(2) Solely the formula set forth below and only as applied solely as
to such number of calendar days of entitlement that are in excess of ten cumulative
calendar days as defined below.
D =A x C
B
Where A = Original Contract Amount
B = Original Contract Time
C=8%
D = Average Overhead Per Day
Cumulative Calendar Days is defined as the cumulative total number of
calendar days granted for time extension due to delay of a controlling work item caused
solely by the Department is, or the cumulative total number of calendar days for which
entitlement to a time extension due to delay of a controlling work item caused solely by
the Department is otherwise ultimately determined in favor of the Contractor to be.
FUrther, in the event there are concurrent delays to one or more controlling
work items, one or more being caused by the Department and one or more being caused
by the Contractor, the Contractor shall be entitled to a time extension for each day that a
controlling work item is delayed by the Department but shall have no right to nor receive
any monetary compensation for any indirect costs for any days of concurrent delay. No
compensation, whatsoever, will be paid to the Contractor for any jobsite overhead and
other indirect impacts when the total number of calendar days granted for time extension
due to delay of a controlling work item caused solely by the Department is, or the total
number of calendar days for which entitlement to a time extension due to delay of a
controlling work item caused solely by the Department is otherwise ultimately
determined in favor ofthe Contractor to be, equal to or less than ten calendar days and
the Contractor also fully assumes all monetary risk of any and all partial or single
calendar day delay periods, due to delay of a controlling work item caused solely by the
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Department, that when cumulatively totaled together are equal to or less than ten calendar
days and regardless of whether monetary compensation is otherwise provided for
hereunder for one or more calendar days of time extension entitlement for each calendar
day exceeding ten calendar days. All calculations under this provision shall exclude
weather days, and days granted for performing additional work.
4-3.2.2 Subcontracted Work: For work performed by a subcontractor,
compensation for the additional or unforeseen work shall be solely limited to as provided
for in 4-3.2.1 (a), (b), (c) and (d)(l), with the exception of, in the instance of
subcontractor performed work only, the subcontractor may receive compensation for any
premium for acquiring a bond for the additional or unforeseen work; provided, however,
that such payment for additional subcontractor bond will only be paid upon presentment
to the Department of clear and convincing proof that the subcontractor has actually
provided and paid for separate bond premiums for such additional or unforeseen work in
suchamo'unt.
The Contractor shall require the subcontractor to provide a certification, in
accordance with 4-3.2.1(a), as part ofthe cost proposal and provide such to the Engineer.
Such certification must be made by an officer or director of the subcontractor with
authority to bind the subcontractor. Timely certification is a condition precedent to any
right of the Contractor to recover compensation for such subcontractor costs, and failure
to timely submit the certification will constitute a full, complete, absolute and irrevocable
waiver by the Contractor of any right to recover such subcontractor costs.
4-3.3 No Waiver of Contract: Changes made by the Engineer will not be
considered to waive any of the provisions of the Contract, nor may the Contractor make
any claim for loss of anticipated profits because of the changes, or by reason of any
variation between the approximate quantities and the quantities of work actually
performed. All work shall be performed as directed by the Engineer and in accordance
with the Contract Documents.
4-3.4 Conditions Requiring a Supplemental Agreement or Unilateral
Payment: A Supplemental Agreement or Unilateral Payment will be used to clarify the
plans and specifications of the Contract;.to document quantity overruns that exceed 5%
of the original Contract amount; to provide for unforeseen work, grade changes, or
alterations in plans which could not reasonably have been contemplated or foreseen in the
original plans and specifications; to change the limits of construction to meet field
conditions; to provide a safe and functional connection to an existing pavement; to settle
documented Contract claims; to make the project functionally operational in accordance
with the intent of the original Contract and subsequent amendments thereto.
A Supplemental Agreement or Unilateral Payment may be used to expand the
physical limits of the project only to the extent necessary to make the project functionally
operational in accordance with the intent of the original Contract. The cost of any such
agreement extending the physical limits of the project shall not exceed $100,000 or 10%
of the original Contract price, whichever is greater.
Perform no work to be covered by a Supplemental Agreement or Unilateral
Payment before written authorization is received from the Engineer. The Engineer's
written authorization will set forth sufficient work information to allow the work to
begin. The work activities, terms and conditions will be reduced to written Supplemental
Agreement or Unilateral Paymentform promptly thereafter. No payment will be made on
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a Supplemental Agreement or Unilateral Payment prior to the Department's approval of
the document.
4-3.5 Extra Work: Extra work authorized in writing by the Engineer will be paid
in accordance with the formula in 4-3.2. Such payment will be the full extent of all
monetary compensation entitlement due to the Contractor for such extra work. Any
entitlement to a time extension due to extra work will be limited solely to that provided
for in 4-3.2 for additional work.
4-3.6 Connections to Existing Pavement, Drives and Walks: Generally adhere
to the limits of construction at the beginning and end of the project as detailed in the
plans. However, if the Engineer determines that it is necessary to extend the construction
in order to make suitable connections to existing pavement, the Engineer will authorize
such a change in writing. For necessary connections to existing walks and drives that are
not indicated on the plans, the Engineer will provide direction regarding the proper
connections in accordance with the Design Standards.
4-3.7 Differing Site Conditions: During the progress of the work, if subsurface .
or laten 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 from those ordinarily encountered and generally recognized as.
inherent in the work provided for in the Contract are encountered at the site, the party
discovering such conditions.shall promptly notify the other party in writing of the
specific differing conditions before the Contractor disturbs the
conditions or performs the affected work.
Upon receipt of written notification of differing site conditions from the
Contractor, 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 Contract, an adjustment will be made,
excluding loss of anticipated profits, and the Contract will be modified in writing
accordingly. The Engineer will notify the Contractor whether or not an adjustment of the
Contract is warranted.
The Engineer will not allow a Contract adjustment for a differing site condition
unless the Contractor has provided the required written notice.
The Engineer will not allow a Contract adjustment under this clause for any
effects caused to any other Department or non-Department projects on which the
Contractor may be working.
4-3.8 Changes Affecting Utilities: The Contractor shall be responsible for
identifying and assessing any potential impacts to a utility that may be caused by the
changes proposed by the Contractor, and the Contractor shall at the time of making the
request for a change notify the Department in writing of any such potential impacts to
utilities.
Department approval of a Contractor proposed change does not relieve the Contractor of
sole responsibility for all utility impacts, costs, delays or damages, whether direct or
indirect, resulting from Contractor initiated changes in the design or construction
activities from those in the original Contract Specifications, design plans (including
traffic control plans) or other Contract Documents and which effect a change in utility
work different from that shown in the utility plans, joint project agreements or utility
relocation schedules.
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4-4 Omitted Entirely (Unforeseeable Work)
4-5 Rights in and Use of Materials Found on the Site of the Work.
4-5.1 Ownership and Disposal of Existing Materials: Take ownership and
dispose of all materials that are not designated as the property of other parties, in both
roadway and structures, found on the right-of-way, and all material in structures
designated for removal. Such materials do not include earth or other excavated material
required for the construction of the project. During construction, the Contractor may use
materials from existing structures that are required to be removed and that are designated
to remain the property ofthe Department. Do not cut or otherwise damage such material
during removal unless the Engineer gives permission to do so. Store material in an
accessible location as the Engineer directs. The Department is not responsible for the
quality or quantity of any material salvaged. .
4-5.2 Ornamental Trees and Shrubs: Take ownership of all ornamental trees or
shrubs existing in the right-of-way that are required to be removed for the construction
operations and which are not specifically designated on the plans to be reset, or to be
removed by others prior tothe construction operations.
4-6 Omitted Entirely (Final Cleaning Up of Right-of-Way)
SECTION 5
CONTROL OF THE WORK
5-1 Plans and Working Drawings.
5-1.1 Contract Documents: The Contractor may purchase copies of the Standard
Specifications and Design Standards from the Department or access them from the
FDOT's website. Have available on the worksite, at all times, one copy ofthe Contract
Documents.
5-1.2 Department's Plans: Plans consist of general drawings showing such
details as are necessary to give a comprehensive idea of the construction contemplated. In
general, roadway plans will show alignment, profile grades, typical cross-sections and
general cross-sections. In general, structure plans will show in detail all dimensions of the
work contemplated. When the structure plans do not show the dimensions in detail, they
will show general features and such details as are necessary to give a comprehensive idea
of the structure.
Grades shown are finished grades, and B.M. Datum is North American Vertical
Datum 1988 (NA VD-1988) National Geodetic Vertical Datum of 1929 (NGVD-1929) or
other datum as noted in the plans.
5-1.3 Alterations in Plans: The Department will issue, in writing, all authorized
alterations affecting the requirements and information given on the approved plans.
5-1.4 Shop Drawings:
5-1.4.1. Definitions:
(a) Shop Drawings: All working, shop and erection drawings,
associated trade literature, calculations, schedules, manuals and similar documents
submitted by the Contractor to define some portion of the project work. The type of work
includes both permanent and temporary works as appropriate to the project.
(b) Permanent Works: All the permanent structures and parts
thereof required of the completed Contract.
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(c) Temporary Works: Any temporary construction work necessary
for the construction of the permanent works. This includes falsework, formwork, .
scaffolding, shoring, temporary earthworks, sheeting, cofferdams, special erection
equipment and the like.
(d) Construction Affecting Public Safety: Construction that may
jeopardize public safety such as structures spanning functioning vehicular roadways,
pedestrian walkways, railroads, navigation channels of navigable waterways and walls or
other structure foundations located in embankments immediately adjacent to functioning
roadways. It does not apply to those areas of the site under the Contractor's control and
outside the limits of normal public access.
(e) Major and Unusual Structures: Bridges of complex geometry
and/or complex design. Generally, this includes the following
types of structures:
l.Bridges with an individual span longer than 300 feet.
2. Structurally continuous superstructures with spans over 150
feet.
3. Steel box and plate girder bridges.
4. Steel truss bridges.
5. Concrete segmental and longitudinally post-tensioned
continuous girder bridges.
6. Cable stayed or suspension bridges.
7. Arch bridges.
8. Tunnels.ß
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9. Movable bridges (specifically electrical and mechanical components).
10. Rehabilitation, widening, or lengthening of any of the above.
(f) Special Erection Equipment includes launching gantries, beam and winch
equipment, form travelers, stability towers, strong-backs, erection trusses,
launching noses or similar items made purposely for construction ofthe
structure. It does not apply to commonly available proprietary construction
equipment such as cranes.
(g) Falsework includes any temporary construction work used to support the
permanent structure until it becomes self-supporting. Falsework includes steel or timber beams,
girders, columns, piles and foundations, and any proprietary equipment including modular shoring
frames, post shores, and adjustable horizontal shoring.
. (h) Formwork includes any structure or mold used to retain plastic or fluid
concrete in its designated shape until it hardens. F ormwork comprises common materials such as
wood or metal sheets, battens, soldiers and walers, ties, proprietary forming systems such as stay..in-
place metal forms, and proprietary supporting bolts, hangers and brackets. Fonnwork may be either
permanent formwork requiring a shop drawing submittal such as stay-in-place metal or concrete
forms, or may be temporary formwork which requires certification by the Specialty Engineer for
Construction Affecting Public Safety and for Major and Unusual Structures.
(i) Scaffolding is an elevated work platform used to support workmen,
materials and equipment, but not intended to support the structure.
G) Shoring is a component of falsework such as horizontal, vertical or
inclined support members. In this Section, this term is interchangeable with falsework.
(k) Contractor Originated Designs: Items which the Contract Documents
require the Contractor to design, detail and incorporate into the permanent works.
5-1.4.2 Work Items Requiring Shop Drawings: In general, the Department
requires shop drawings for items of work not fully detailed in the plans which require additional
drawings and coordination prior to constructing the item, including but not limited to:
(a) Bridge components not fully detailed in the plans, i.e. segments, steel girder details, post-
tensioning details, handrails, etc.
(b) Retaining Wall Systems
(c) Precast Box Culverts
(d) Non-standard lighting, signalization and signing structures and components
(e) Building structures
(f) Drainage structures, attenuators, and other nonstructural items
(g) Design and structural details furnished by the Contractor in compliance with the Contract
(h) Temporary Works affecting public safety
Additional clarification for certain types of bridge structures is provided
in 5-1.4.7. Other provisions of the Contract Documents may waive the requirement for submittals
for certain items; i.e., items constructed from standard drawings or those complying with alternate
details for prestressed members under Section 450. Review the Contract Documents to determine
the submittals required.
5-1.4.3 Schedule of Submittals: Prepare and submit a schedule of submittals that
identifies the work for which shop drawings apply. For each planned submittal, define the type, and
approximate number of drawings or other documents that are included and the planned submittal
date, considering the processing requirements herein. Submit the schedule of submittals to the
Department's Shop Drawing Review Office and the Engineer of Record within 60 days of the start
of the Contract, and prior to the submission of any shop drawings.
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Coordinate subsequent submittals with construction schedules to allow
sufficient time for review, approval, and re-submittal as necessary.
5-1.4.4 Style, Numbering, and Material of Submittals:
5-1.4.4.1 Drawings: Furnish two clearly legible photographic or xerographic
copies of all shop drawings that are necessary to complete the structure in compliance with the
design shown on the plans. Prepare all shop drawings using the same units of measure as those used
in the Department's plans. Use sheets no larger than 11 by 17 inches. Consecutively number each
sheet in the submittal series, and indicate the total number in the series (i.e., 1 of 12,2 of 12, . . ., 12
of 12). Include on each sheet the following items as a minimum requirement: the complete
Financial Project Identification Number, Bridge Number(s), drawing title and number, a title block
showing the names of the fabricator or producer and the Contractor for which the work is being
done, the initials ofthe person(s) responsible for the drawing, the date on which the drawing was
prepared, the location of the item(s) within the project, the Contractor's approval stamp with date
and initials, and, when applicable, the documents shall be signed and sealed by the Specialty
Engineer or Contractor's Engineer of Record, as appropriate. A te-submittal will be requested when
any of the required information is not included.
5-1.4.4.2 Other Documents: Provide four sets of original documents or clearly
legible photographic or xerographic copies of documents other than drawings, such as trade
literature, catalogue information, calculations, and manuals. Provide sheets no larger than 11 by 17
inches. Clearly label and number each sheet in the submittal to indicate the total number of sheets in
the series (i.e., 1 of 12,2 of 12, . . ., 12 of 12). Provide an additional three sets of documentation for
items involved with precast prestressed components. Provide an additional two sets of
documentation for items involving structural steel components.
Prepare all documents using the same units of measure as those used in the
Department's plans. Bind and submit all documents with a Table of Contents cover sheet. List on
the cover sheet the total number of pages and appendices, and include the complete Financial
Project Identification Number, a title referencing the submittal item(s), the name of the firm and
person(s) responsible for the preparation of the document, the Contractor's approval stamp with
date and initials, and, when applicable, the documents shall be signed and sealed by the Specialty
Engineer or Contractor's Engineer of Record, as appropriate.
Submit appropriately prepared and checked calculations and manuals that clearly
outline the design criteria. Include on the internal sheets the complete Financial Project
Identification Number and the initials of the person(s) responsible for preparing and checking the
document.
Clearly label trade literature and catalogue information on the front cover with
the title, Financial Project Identification Number, date and name of the firm and person(s)
responsible for that document.
5-1.4.5 Submittal Paths and Copies:
5-1.4.5.1 General: Shop drawings are not required for prequalified items. For
non-prequalified items, determine the submittal.path to be followed based upon the identity of the
Engineer of Record as shown adjacent to the title block on the structural plan sheets, and on the key
sheets of roadway plans, signing, and pavement marking plans, and/or lighting plans. At the
preconstruction conference, the Department will notify the Contractor of any changes in the
submittal path and whether the Department's or the Consultant's red-ink review stamp will signify
an officially reviewed shop drawing.
. (a) When the Florida Department of Transportation is the Engineer of
Record, submit shop drawings to the appropriate Department Shop Drawing Review Office with a
copy of the letter of transmittal sent to the Resident Engineer. For work requiring other information
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(e.g., catalog data, procedure manuals, fabrication/welding procedures, and maintenance and
operating procedures), submit the required number of copies to the appropriate Department Shop
Drawing Review Office. If not shown on the plans, the Department will furnish the mailing address
of the appropriate Department Shop Drawing Review Office. Provide copies of material
certifications and material tests to the Resident Engineer.
(b) When the Engineer of Record is a consultant hired by the Department,
submit shop drawings to the consultant with a copy of the letter of transmittal sent to the Resident
Engineer and, when requested, to the appropriate Department Shop Drawing Review Office. For
work requiring other documentation (e.g., catalog data, procedure manuals, fabrication/welding.
procedures, and maintenance and operating manuals), submit the required number of copies with
the prints. If not shown on the plans, the Department will furnish the mailing address of the
Consulting Engineer of Record. Provide copies of material certifications and material tests to the
Resident Engineer.
5-1.4.5.2 Building Structures: Submit working, shop and erection drawings,
and all correspondence related to building structures, such as Rest Area Pavilions, Office Buildings,
and Maintenance Warehouses, to the Architect of Record for review and approval. Send a copy of
the transmittal to the Resident Engineer.
5-1.4.5.3 Contractor-Originated Design: Submit shop drawings and applicable
calculations to the Engineer of Record for review. Ensure that each sheet of the shop drawings and
the cover sheet of the calculations are signed and sealed by the Specialty Engineer or the
Contractor's Engineer of Record. Transmit the submittal and copies of the transmittal letters in
accordance with the requirements of 5-1.4.5.1 through 5-1.4.5.3, as appropriate.
5-1.4.5.4 Temporary Works: For Construction Affecting Public Safety, submit
to the Engineer of Record shop drawings and the applicable calculations for the design of special
erection equipment, falsework, scaffolding, etc. Ensure that each sheet of the shop drawings and the
cover sheet of the applicable calculations is signed and sealed by the Specialty Engineer. Transmit
the submittal and copies of the transmittal letters in accordance with the requirements of 5-1.4.5.1
through 5-1.4.5.3, as appropriate.
5-1.4.5.5 Formwork and Scaffolding: The Contractor is solely responsible for
the safe installation and use of all formwork and scaffolding. The Department does not require any
formwork or scaffolding submittals unless such work would be classified as Construction Affecting
Public Safety.
5-1.4.5.6 Other Miscellaneous Design and Structural Details Furnished by
the Contractor in Compliance with the Contract: Submit to the Engineer of Record shop
drawings and the applicable calculations. Ensure that each sheet of the shop drawings and the cover
sheet of the applicable calculations is signed and sealed by the Specialty Engineer. Transmit the
submittal and copies of the transmittal letters in accordance with the requirements of 5-1.4.5.1
through 5-1.4.5.3, as appropriate.
5-1.4.6 Processing of Shop Drawings:
5-1.4.6.1 Contractor Responsibility for Accuracy and Coordination of Shop
Drawings: Coordinate, schedule, and control all submittals, with a regard for the required priority,
including those of the various subcontractors, suppliers, and engineers, to provide for an orderly and
balanced distribution of the work. .
Coordinate, review, date, stamp, approve and sign all shop drawings prepared
by the Contractor or agents (subcontractor, fabricator, supplier, etc.) prior to submitting them to the
Engineer of Record for review. Submittal of the drawings confirms verification of the work
requirements, units of measurement, field measurements~ construction criteria, sequence of
assembly and erection, access and clearances, catalog numbers, and other similar data. Indicate on
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each .series of drawings the specification section and page or drawing number of the Contract plans
to which the submission applies. Indicate on the shop drawings all deviations from the Contract
drawings and itemize all deviations in the letter of transmittal. Likewise, whenever a submittal does
not deviate from the Contract plans, clearly state so in the transmittal letter.
Schedule the submission of shop drawings to allow for a 45 day review
period. The review period commences upon the Engineer of Record's receipt of the valid submittal
or re-submittal and terminates upon the transmittal ofthe submittal back to the Contractor. A valid
submittal includes all the minimum requirements outlined in 5-1.4.4. Allow 30 day review time for
resubmittals.
Submit shop drawings to facilitate expeditious review. The Contractor is
discouraged from transmitting voluminous submittals of shop drawings at one time. For submittals
transmitted in this manner, allow for the additional review time that may result.
Only shop drawings distributed with the "red ink" stamps are valid and all
work that the Contractor performs in advance of approval will be at the Contractor's risk.
..5-1.4.6.2 Scope of Review by Engineer: The Engineer of Record's review of the
shop drawings is for conformity to the requirements of the Contract Documents and to the intent of
the design. The Engineer of Record's review of shop drawings which include means, methods,
techniques, sequences, and construction procedures are limited to the effects on the permanent
works. The Engineer of Record's review of submittals which include means, methods, techniques,
sequences, and construction procedures does not include an indepth check for the ability to perform
the work in a safe or efficient manner. Review by the Engineer of Record does not relieve the
Contractor of responsibility for dimensional accuracy to ensure field fit and for conformity of the
various components and details.
5-1.4.6.3 Special Review by Engineer of Shop Drawings for Construction
Affecting Public Safety: For Construction Affecting Public Safety, the Engineer of Record, or
other Engineer as the Department appoints for this purpose, will make an independent review of all
relevant shop drawings and similar documents. Do not proceed with construction of the permanent
works until receiving the Engineer of Record's approval. The review of these shop drawings is for
overall structural adequacy of the item to support the imposed loads and does not include a check
for economy, efficiency or ease of construction.
5-1.4.7 Other Requirements for Shop Drawings for Bridges:
5-1.4.7.1 Shop Drawings for Structural Steel and Miscellaneous Metals:
Furnish shop drawings for structural steel and miscellaneous metals. Shop drawings shall consist of
working, shop, and erection drawings, welding procedures, and other working plans, showing
details, dimensions, sizes of material, and other information necessary for the complete fabrication
and erection of the metal work.
5-1.4.7.2 Shop Drawings for Concrete Structures: Furnish shop drawings for
concrete components that are not cast-in-place and are not otherwise exempted from submittal
requirements. Also, furnish shop drawings for all details that are required for the effective
prosecution of the concrete work and are not included in the Contract Documents such as: special
erection equipment, masonry layout diagrams, and diagrams for bending reinforcing steel, in
addition to any details required for concrete components for the permanent work.
5-1.4.7.3 Shop Drawings for Major and Unusual Structures: In addition to
any other requirements, within 60 days from the Notice to Proceed, submit information to the
Engineer outlining the integration of the Major and Unusual Structure into the overall approach to
the project. Where applicable to the project, include, but do not limit this information to:
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approach.
Clearly and concisely present the above information on as few drawings as
possible in order to provide an overall, integrated summary of the intended approach to the project.
The Department will use these drawings for information, review planning, and to assess the
Contractor's approach in relation to the intent of the original design. The delivery to and receipt by
the Engineer does not constitute any Department acceptance or approval of the proposals shown
thereon. Include the details of such proposals on subsequent detailed shop drawing submittals.
Submit timely revisions and re-submittals for all variations from these overall scheme proposals.
5-1.4~8 Modifications for Construction: Where the Engineer allows the
Contractor to make modifications to the permanent works for the purposes of expediting the
Contractor's chosen construction methods, the Contractor shall submit proposals to the Engineer of
Record for review and approval prior to modifying the works. Submit proposals for minor
modifications under the shop drawing process. Indicate on all drawings the deviations from the
Contract Documents and itemize all deviations in the letter of transmittal. The Department will
require additional submittals and/or submittal under a Value Engineering Change Proposal for
major modifications.
Minor modifications are those items that, in the opinion of the Engineer, do
not significantly affect the quantity of measured work, or the integrity or maintainability of the
structure or its components. (For example, adjusting concrete dimensions, substituting steel plate
sizes, changing reinforcing bar size and spacing, etc., all within the acceptable limits of the design.)
Major modifications are any modifications that, in the opinion of the
Engineer, significantly affect the quantity of measured work, or the integrity or maintainability of
the structure or its' components. (For example, substituting alternative beam sizes and spacings,
changing material strength or type, and the like.)
Provide signed and sealed revised sheets to the Engineer for any required
revisions to the Contract plans prior to submitting shop drawings.
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The Engineer's decision on the delineation between a minor and a major
modification and the disposition of a proposal is final.
5-1.4.9 Cost of Shop Drawings: Include the cost of furnishing shop and working
drawings in the Contract prices for the work requiring the shop and working drawings. The
Department will not pay the Contractor additional compensation for such drawings.
5-1.5 Certifications:
5-1.5.1 Special Erection Equipment: Prior to its use, ensure that the Specialty
Engineer personally inspects the special erection equipment and certifies to the Engineer in writing
that the equipment has been fabricated in accordance with the submitted drawings and calculations.
In addition, after assembly, ensure that the Specialty Engineer observes the equipment in use and
certifies to the Engineer in writing that it is being used as intended and in accordance with the
submitted drawings and calculations. In each case, ensure that the Specialty Engineer also signs and
seals the letter of certification.
5-1.5.2 Falsework and Shoring Requiring Shop Drawings: After its erection
or installation but prior to the application of any superimposed load, ensure that the Specialty
Engineer personally inspects the falsework and certifies to the Engineer in writing that the
falsework has been constructed in accordance with the materials and details shown on the submitted
drawings and calculations. Ensure that the Specialty Engineer also signs and seals the letter of
certification.
5-1.5.3 Temporary Formwork: For Construction Affecting Public Safety and
for Major and Unusual Structures, prior to the placement of any concrete, ensure that the Specialty
Engineer inspects the formwork and certifies to the Engineer in writing that the formwork has been
constructed to safely withstand the superimposed loads to which it will be subjected. Ensure that the
Specialty Engineer signs and seals the letter of certification.
5-1.6 Corrections for Construction Errors: For work that the Contractor
constructs incorrectly or does not meet the requirements of the Contract Documents, the Contractor
has the prerogative to submit an acceptance proposal to the Engineer for review and disposition.
The acceptance proposal shall describe the erro'r or defect and either describe remedial action for its
correction or propose a method for its acceptance. In either case, the acceptance proposal shall
address structural integrity, aesthetics, maintainability, and the effect on Contract Time. The
Department will judge any such proposal for its effect on these criteria and also for its effect on
Contract Administration.
When the Engineer judges that a proposal infringes on the structural integrity or
maintainability of the structure, the Contractor's Engineer of Record will perform a technical
assessment and submit it to the Engineer for approval. Do not take any corrective action without the
Engineer's approval.
Carry out all approved corrective construction measures at no expense to the Department.
Notwithstanding any disposition of the compensation aspects of the defective work,
the Engineer's decision on the technical merits of a proposal is final.
5-2 Coordination of Technical Documents.
In cases of discrepancy, the governing order of the technical documents is as follows:
1. Technical Special Provisions.
2. Plans.
3. Road Design, Structures, and Traffic Operations Standards.
4. StandaJ;d Specifications. (FDOT Div.II and Div.III)
Computed dimensions govern over scaled dimensions.
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5-3 Conformity of Work with Contract Documents.
Perform all work and furnish all materials in reasonably close conformity with the lines,
grades, cross-sections, dimensions, and material requirements, including tolerances, as specified in
the Contract Documents.
In the event that the Engineer finds that the Contractor has used material or produced a
finished product that is not in reasonably close conformity with the Contract Documents, but that
the Contractor has produced reasonably acceptable work, the Engineer will determine if the
Department will accept the work in place. In this event, the Engineer will document the basis of
acceptance by Contract modification, which provides for an appropriate reduction in the Contract
price for such work or materials included in the accepted work as deemed necessary to conform to
the determination based on engineering judgment. .
In the event that the Engineer finds that the Contractor has used material or produced a
finished product that is not in reasonably close conformity with the Contract Documents, and that
the Contractor has produced an inferior or unsatisfactory product, the Contractor shall remove and
replace or otherwise correct the work or materials at no expense to the Department
F or base and surface courses, the Department will allow the finished grade to vary as much
as 0.1 foot from the grade shown in the plans, provided that the Contractor's work meets all
templates and straightedge requirements and contains suitable transitions.
5-4 Omitted Entirely (Errors or Omissions in Contract Documents)
5-5 Authority of the Engineer.
Perform all work to the satisfaction of the Engineer.
The Engineer will decide all questions, difficulties, and disputes, of whatever nature, that
may arise relative to the interpretation of the plans, construction, prosecution, and fulfillment of the
Contract, and as to the character, quality, amount, and value of any work done, and materials
furnished, under or by reason of the Contract.
5-6 Authority and Duties of Engineer's Assistants.
The Engineer may appoint such assistants and representatives as he desires. These assistants
and representatives are authorized to inspect all work done and all materials furnished. Such
inspection may extend to all or any part of the work and to the manufacture, preparation, or
fabrication of the materials to be used. Such assistants and representatives are not authorized to
revoke, alter, or waive ?-ny requirement of these Specifications. Rather, they.are authorized to call to
the attention of the Contractor any failure of the work or materials to meet the Contract Documents,
and have the authority to reject materials or suspend the work until any questions at issue can be
referred to and decided by the Engineer. The Engineer will immediately notify the Contractor in
writing of any such suspension of the work, stating in detail the reasons for the suspension. The
presence of the inspector or other assistant in no way lessens the responsibility of the Contractor.
5-7 Engineering and Layout.
5-7.1 Control Points Furnished by the Department: The Engineer will provide centerline
control points (Begin Project, End Project, PIs, PTs, etc.) and bench marks at appropriate intervals
along the line ofthe project to facilitate the proper layout ofthe work. Normally, the Engineer will
furnish only one bench mark for water crossings. Preserve all reference points and bench marks that
the Departinent furnishes.
. As an exception to the above, for projects where the plans do not show a centerline or other survey
control line for construction of the work (e.g., resurfacing, safety modifications, etc.) the Engineer
. will provide only points marking the beginning and ending of the project, and all exceptions.
5-7.2 Furnishing of Stake Materials: Furnish all stakes, templates, and other materials
necessary for establishing and maintaining the lines and grades necessary for control and
construction of the work.
5-7.3 Layout of Work: Utilizing the control points furnished by the Department in
. accordance with 5-7.1, establish all horizontal and vertical controls necessary to construct the work
in conformity to the Contract Documents. Perform all calculations required, and set all
stakes needed such as grade stakes, offset stakes, reference point stakes, slope stakes, arid other
reference marks or points necessary to provide lines and grades for construction of all roadway,
bridge, and miscellaneous items.
When performing utility construction as part of the project, establish all horizontal and
vertical controls necessary to carry out such work.
5-7.4 Specific Staking Requirements: When performing new base construction as part of
the project, set stakes to establish lines and grades for sub grade, base, curb, and related items at
intervals along the line of the work no greater than 50 feet on tangents and 25 feet on curves. Set
grade stakes at locations that the Engineer directs to facilitate checking of sub grade, base, and
pavement elevations in crossovers, intersections, and irregular shaped areas.
For bridge construction stakes and other control, set references at sufficiently frequent
intervals to ensure construction of all components of a structilrein accordance with the lines and
grades shown in the plans.
For projects where the plans do not show a centerline or other survey control line for
construction of the work (resurfacing, safety modifications, etc.), provide only such stakes as
necessary for horizontal and vertical control of work items.
For resurfacing and resurfacing-widening type projects, establish horizontal controls
adequate to ensure that the asphalt mix added matches with the existing pavement. In tangent
sections, set horizontal control points at 100 foot intervals by an instrument survey. In curve
sections, set horizontal control points at 25 foot intervals by locating and referencing the centerline
of the existing pavement.
Establish by an instrument survey, and mark on the surface of the finished pavement at 25
foot intervals, the points necessary for striping of the finished roadway. As an exception, for
resurfacing and resurfacingtwidening projects, establish these points in the same manner as used for
horizontal control of paving operations. Mark the pavement with white paint. If performing striping,
the Engineer may approve an alternate method for layout of striping provided that the Contractor
achieves an alignment equal to or better than the alignment that would be achieved using an
instrument survey.
For projects that include temporary or permanent striping of "no passing zones", provide the
location and length of these zones as shown in the plans, except projects where the vertical or
horizontal alignment is new or altered from preconstruction alignment. For projects that consist of
new or altered vertical or horizontal alignment, the Department will provide the location and length
of the "no passing zones" during construction. For these projects, notify the Engineer not less than
21 calendar days prior to beginning striping.
For all projects, set a station identification stake at each right-of-way line at 100 foot
intervals and at all locations where a change in right-of-way width occurs. Mark each of these
stakes with painted numerals, of a size readable from the roadway, corresponding to the project
station at which it is located. As an exception to the above, for projects where plans do not show
right-of-way lines, set station identification stakes at locations and intervals appropriate to the type
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of work being done. For resurfacing and resurfacing/widening projects, set station identification
stakes at 200 foot intervals.
5.;. 7.5 Personnel, Equipment, and Record Requirements: Employ only competent
personnel and use only suitable equipment in performing layout work. Do not engage the services
of ariy person or persons in the employ of the Department for performance of layout work.
Keep adequate field notes and records while performing as layout work. Make these field
notes and records available for the Engineer's review as the work progresses, and furnish copies to
the Engineer at the time of completion of the project. The Engineer's inspection, checking, or
acceptance of the Contractor's field notes or layout work does not relieve the Contractor of his
responsibility to achieve the lines, grades, and dimensions shown in the Contract Documents.
Prior to final acceptance ofthe project, mark, in a permanent manner on the surface of the
completed work, all horizontal control points originally furnished by the Department.
5-7.6 Payment: Include the cost of performing layout work as described above in the
Contract unit prices for the various items of work that require layout.
5-8 Omitted Entirely (Contractor's Supervision)
5-9 Omitted Entirely (General Inspection Requirements)
5-10 Omitted Entirely (Final Inspection)
5-11 Omitted Entir"ely (Final Acceptance)
5-12 Omitted Entirely (Claims by Contractor)
5-13 Omitted Entirely (Recovery, Subsequent to Final Payment)
SECTION 6
CONTROL OF MATERIALS
6-1 Information on Materials.
6-1.1 Location of Laboratory: The FDOT's laboratory is located at Gainesville. Address
correspondence to the laboratory and samples for tests to: State Materials Engineer, State of Florida
Department of Transportation, 2006 N.E. Waldo Rd., Gainesville, Florida, 32609.
6-1.2 Standard Operating Procedure: FDOT Standard Operating Procedures govern approval
and production control requirements for sources of supply of certain materials. Each Section of
these Specifications pertaining to a material states whether a Standard Operating Procedure (SOP) is
in effect for the material specified by that Section.
6-1.3 Qualified Products List: The Product Evaluation Section in the State Specifications
Office publishes and maintains a Qualified Products List (QPL). The list provides assurance to
Contractors, consultants, designers, and Department personnel that specific products and materials
are approved for use on Department facilities. These items have basic approval but are subject to
additional testing of individual LOTs, batches, or shipments.
The Department will limit the Contractor's .procurement and use of products and materials
that require pre~approval in these Specifications to only those items listed on the QPL that is
effective at the time of procurement.
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Manufacturers seeking evaluation in accordance with Departmental procedures of an item
must submit a Product Evaluation Applicationwith a certified test report from an independent test
laboratory, that shows that the material meets all applicable specifications, to the Product
Evaluation Section in Tallahassee. In the absence of applicable specifications, the manufacturers
must submit specifications and certified test reports with the application.
Manufacturers successfully completing the Department's evaluation are eligible for inclusion
on the QPL.
The Department will consider any marked variations from original test values for a material
or any evidence of inadequate field performance of a material as sufficient evidence that the
properties of the material have changed, and the Department will remove the material from the
QPL.
6-1.4 Definitions:
(a) Aggregate Source: A physical location, including mines, recycled material processing
sites, and redistribution terminals.
(b) Aggregate Point of Use: The point of incorporation into the project, such as the actual
project site, asphalt plant, or concrete plant.
6-1.5 Warranty and Guaranty: The Department may require the Contractor to warrant and
guaranty that certain materials used in the construction of the project meet all specification
requirements for a specified time period. "The Department will specify the warranty and guaranty
requirement in the appropriate Sections governing the materials.
6-1.6 Approved Products List: The State Traffic Engineering Office maintains the Approved
Products List (APL) of Traffic Control Signal Devices. Traffic Monitoring Site Equipment and
Materials are also included on the APL. This list provides assurance to Contractors, consultants,
designers, and Department personnel that the specific items listed are approved for use on
Department facilities.
The Department will limit the ContractorOs procurement and use of Traffic Control Signal
Devices, and Traffic Monitoring Site equipment and materials to only those items listed on the APL
that is effective at the time of procurement, except as provided in 603-2.2.
The approval process is described in detail in Section A601 of the Minimum Specifications
for Traffic Control Signal Devices (MSTCSD). Manufacturers seeking evaluation of a specific
device must submit an application on form number 750-010-12, which can be obtained from the
DepartmentOs State Traffic Engineering Office.
6-2 Omitted Entirely (Designation of Specific Product as a Criterion ("or equal clause"))
6-3 Source of Supply and Quality Requirements.
6-3.1 Only Approved Materials to be Used: Use only materials in the work that meet the
requirements of these Specifications, and have the Engineer's approval. The Engineer may inspect
or test any materials proposed for use at any time during their preparation and use. Do not use any
material that, after approval, has in any way become unfit for use in the work. Do not use materials
containing asbestos.
6-3.2 Notification of Placing Order: Give sufficient notification prior to placing orders for
materials, and order materials sufficiently in advance of their incorporation in the work to allow
time for sampling and testing.
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6-3.3 Approval of Source of Supply: Before delivering material, obtain the Engineer's
approval of the source of supply. Submit for examination representative preliminary samples, of the
character and quantity prescribed. The Department will test the samples in accordance with the
method referred to under 6-5, and in Division III. If, after trial, the Department determines that an
approved source of supply does not contain a uniform, acceptable product, or the product from any
source is unacceptable at any time, furnish material from other approved sources.
Use only mineral aggregates that are produced under a Department-approved Producer
Quality Control Program (QC) that is in accordance with the Department's requirements and
procedures for obtaining and maintaining Department approval of developed and operational
mineral aggregate sources (mines and redistribution terminals), and with the FDOT's Mineral
Aggregate Manual. Furnish an individual certification with each haul unit load of materials shipped,
attesting that those specific materials were produced under a Department-approved QC and that
they fully meet the requirements ofthese Specifications.
6-4 Inspection and Tests at Source of Supply.
6-4.1 General: If the volume, progress of the work, and other considerations warrant, the
Engineer may inspect the materials at the source of supply.
6-4.2 Cooperation by Contractor: Provide the Engineer with free entry at all times to such
parts of the plant that concern the manufacture or production of the materials ordered, and bear all
costs incurred in providing all reasonable facilities to assist the Engineer in determining-whether the
material furnished meets.the requirements of these Specifications.
6-4.3 Department Not Obligated to Make Inspection at Source: The Department is not
obligated to make an inspection of materials at the source of supply. The Contractor is fully
responsible for supplying satisfactory materials.
6-4.4 Retest of Materials: The Department may retest materials that it has tested and accepted
at the source of supply, after they have been delivered to the project. The Department will reject all
materials that, when retested, do not meet the requirements of these Specifications.
6-5 Control by Samples and Tests.
6-5.1 Materials to be Tested, Samples: The Engineer may test materials by means of samples,
or otherwise, at production points and after delivery. The Department will perform and pay for such
tests. Afford such facilities as the Engineer requires for collecting and forwarding samples, and do
not make use of, or incorporate in the work, any materials represented by the samples until the
Engineer tests and finds the materials acceptable. Furnish and deliver the required material
necessary to take samples, to the point that the Engineer designates, at no expense to the
Department. The Department will furnish boxes for shipping concrete cylinders.
6-5.2 Pavement Samples: For both base course and surface course pavements, furnish samples
taken from the completed work at any location that the Engineer indicates, and immediately replace
the areas so removed with materials and construction that meet the requirements of these
Specifications and to the line and grade of the immediate surrounding pavement surface. The
Department will not allow additional compensation for furnishing such samples and replacing the
areas with new pavement.
6-5.3 Applicable Standards: Methods of sampling and testing materials are in accordance with
Florida Methods so far as covered therein. Otherwise, they shall be in accordance with standards of
AASHTO, ASTM, or other criteria as specifically designated. Where an AASHTO, ASTM or other
non-Florida Method is designated, and a Florida Method which is similar exists, the Department
will require sampling and testing in accordance with the Florida Method.
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Whenever any Florida, AASHTO, ASTM, or other standards are referenced in these
Specifications without identification of the specific time of issuance, use the most current issuance,
including interims or addendums thereto, at the time of advertisement for bids for a project.
6-5.4 Soil Bearing Tests: The Department will determine the bearing value of soils using the
Department's Florida Soil Bearing Tests or by the methods required for the Limerock Bearing Ratio
Method, whichever is designated in the plans.
6-5.5 Sieves: Use sieves meeting the requirements of AASHTO M 92.
6-5.6 Acceptance on Tests of Producer's Samples: The Department, in order to expedite the
work, may accept certain materials on the basis of tests made on advance samples taken and
submitted by the producer, provided that the Engineer tests a representative number of samples of
the material after the material arrives at the worksite and the Department confirms that the material
meets the requirements of these Specifications. In the event that the Engineer's tests of these
samples do not substantiate those made on the advance samples submitted by the producer, and the
Engineer determines that there is evidence that this privilege of expediting the use of the material is
being abused, then the Department will no longer extend this privilege to such producer;
6-5.7 Preparation and Shipping of Samples: Attach a card to each producer's sample, showing
the following information: Project designation, intended use of material, name of producer, source
of supply, quantity represented by sample, date sampled, and any other information pertinent to the
material or work. Use care in preparing and shipping samples. Check that packages are clean before
placing material therein. Tie or close and securely wrap the packages.
6-5.8 Inspection at Plants: Provide the Engineer with access to all parts of all paving or other
plants connected with the work to verify weights or proportions and character of materials, and to
determine temperatures used in preparing materials and mixtures. Facilitate and assist in the
Engineer's verification of the accuracy of all scales, measures, and other devices, and protect such
device~from the wind and elements whenever such protection is necessary.
6-5.9 Aggregate Samples: The Engineer will' select and take all samples from all aggregates
entering into asphaltic concrete mixes. Advise the Engineer as to location and source three weeks
prior to the time the aggregates are needed for the design of the mix, so that the Engineer can
arrange to take the samples.
6-5.10 Asphaltic Concrete Mix Designs: For the designs of asphaltic concrete mixes that are to
be provided by the Department, the Department will establish not more than three design mixes,
without charge, for each type of mixture on anyone contract.
6-5.11 Materials Accepted Based on Producers' Certification: Identify materials that the
Engineer has accepted based on producers' certification by production LOT or other acceptable
means that shows a direct tie between the certification and the material being used. The Department
will use such identification when doing verification testing. Ensure that the certification is signed by
a legally responsible person from the producer and is provided on the producer's letterhead.
6-6 Storage of Materials.
6-6.1 Method of Storage: Store materials in such a manner as to preserve their quality and
fitness for the work, to facilitate prompt inspection, and to minimize noise impacts on sensitive
receivers. More detailed specifications concerning the storage of specific materials are prescribed
under the applicable Sections. The Department may reject improperly stored materials.
6-6.2 Use of Right-of-Way for Storage: If the Engineer allows, the Contractor may use a
portion of the right-of-way for storage purposes and for placing the Contractor's plant and
equipment. Use only the portion of the right-of-way that is outside the clear zone, which is the
portion not required for public vehicular or pedestrian travel. Provide any additional space required
at no expense to the Department.
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6-6.3 Department Not Responsible for Stored Materials: The protection of stored materials is
the Contractor's responsibility. The Department is not liable for any loss of materials, by theft or
otherwise, or for any damage to the stored materials.
SECTION 7
LEGAL REQUIREMENTS AND
RESPONSIBILITY TO THE PUBLIC
7-1 Omitted Entirely (Laws to be Observed)
7-2 Permits and Licenses.
7-2.1 General: Except for permits procured by the Department, as incorporated by Special
Provision expanding this Subarticle, if any, procure all permits and licenses, pay all charges and
fees, and give all notices necessary and incidental to the due and lawful prosecution of the work.
The Department will also acquire any modifications or revisions to an original permit
incorporated by Special Provision to thisSubarticle when the Contractor requires such
modifications or revisions to complete the construction operations specified in the plans or Special
Provisions and within the right-of-way limits.
. Acquire all permits for work performed outside the right-of-way or easements for the
project.
In carrying olit the work in the Contract, when under the jurisdiction of any environmental
regulatory agency, comply with all regulations issued by such agencies and with all general, special,
and particular conditions relating to construction activities of all permits issued to the Department
as though such conditions were issued to the Contractor. Post all permit placards in a protected
location at the worksite, .
In case of a discrepancy between any permit condition and other Contract Documents, the more
stringent condition shall prevail.
7-2.2 Work or Structures in Navigable Waters of the U.S., Waters ofthe U.S., and
Waters of the State: In general, one or more governmental agencies will exercise regulatory
authority over work or structures, including related construction operations, in all tidal areas
(Channelward of the mean high water lines on the Atlantic and Gulf Coast); in the ocean and gulf
waters to the outer limits of the continental shelf; in all rivers, streams, and lakes to the ordinary
high water line; in marshes and shallows that are periodically inundated and normally characterized
by aquatic vegetation capable of growth arid reproduction; in all artificially created channels and
canals used for recreational, navigational, or other purposes that are connected to navigable waters;
and in all tributaries of navigable waters up to their headwaters.
Whenever the work under or incidental to the Contract requires structures or
dredge/fill/construction activities in "Navigable Waters of the U.S.," "Waters ofthe U.S.," and
"Waters of the State," the Federal, State, county, and local regulatory agencies may require the
Department to obtain a permit. For such dredge/fill /construction specified in the plans to be
accomplished within the limits of the project, or for any dredge/fill/construction within the limits of
Department-furnished borrow areas, the Departmentwill procure the necessary permits prior to
advertising for bids.
7-3 Patented Devices, Materials and Processes.
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Include all royalties and costs arising from patents, trademarks, and copyrights, in any way
involved in the work in the Contract price. Whenever using any design, device, material, or process
covered by letters patent or copyright, obtain the right for such use by suitable legal agreement with
the patentee or owner of the copyright. File a copy of such agreement with the Engineer. However,
whether or not such agreement is made or filed as noted, the Contractor and the surety in all cases
shall indemnify, defend, and save harmless, the Department from all claims for infringement by
reason of the use of any such patented design, device, material, or process on work under the
Contract, and shall indemnify the Department for all costs, expenses, and damages that it may be
obliged to pay by reason of any such infringement, at any time during the prosecution or after the
completion of the work.
7-4 Omitted Entirely (Right-of-Way Furnished by the Department)
7-5 Restoration of Surfaces Opened by Permit.
Upon the presentation ofaduly authorized and satisfactory permit that provides that all
necessary repair work will be paid for by the party holding such permit, the Engineer may authorize
the Contractor to allow parties bearing such permits to make openings in the highway. Upon the
Engineer's written order, perform, in an acceptable manner, all necessary repairs due to such
openings, and such necessary work that the Engineer orders, subject to the same conditions as the
original work performed. The Department will pay the Contractor for such work either under
.' applicable Contract items or terms.
7-6 Sanitary Provisions.
The Contractor shall provide and maintain, in a neat and sanitary condition, such
accommodations for the use of his employees as are necessary to comply with the requirements and
regulations of the State and local boards of health. Commit no public nuisance.
7-7 Control ofthe Contractor's Equipment.
7-7.1 Traffic Interference: Do not allow equipment, while it is on or traversing a road or
street, to unreasonably interfere with traffic.
7-7.2 Overloaded Equipment: Do not operate on any road or street any hauling unit or
equipment loaded in excess of (1) the maximum weights specified in the Florida Uniform Traffic
Control Law, or (2) lower weights legally established for any section of road or bridge by the
Department or local authorities. The governmental unit having jurisdiction over a particular road or
bridge may provide exceptions by special permit under the provisions of 7 -7.3. This restriction
applies to all roads and bridges inside and outside the Contract limits as long as these roads and
bridges are open for public use. The Contractor may overload roads and bridges which are to be
demolished after they are permanently closed to the public. The Contractor is responsible for all
loss or damages resulting from equipment operated on a structure permanently closed to the public.
7-7.3 Crossings: Where it is necessary to cross an existing road or street, including
specifically the existing traveled lanes of a divided highway within the limits of the project, obtain
permits from the Department, for crossing overloaded or oversized equipment. Cross existing roads
or streets only at Engineer-designated points. The Engineer may require the Contractor to protect
the pavement or Roadway at the crossing by using lumber, planks, or fill. Provide flagging and
watchman service, or approved signal devices, for the protection of traffic at all such crossings, in
accordance with an approved written plan for that activity.
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7-7.4 Prot~ction from Damage by Tractor-Type Equipment: Take positive measures to
ensure that tractor-type equipment does not damage the road. If any such damage should occur,
repair it without delay, at no expense to the Department and subject to the Engineer's approval.
7-7.5 Contractor's Equipment on Bridge Structures: The Specialty Engineer shall
analyze the effect of imposed loads on bridge structures, within the limits of a construction contract,
resulting from the following operations:
(1) Overloaded Equipment as defined in 7-7.2:
(a) Operating on or crossing over completed bridge structures.
(b) Operating on or crossing over partially completed bridge structures.
(2) Equipment within legal load limits:
(a) Operating on or crossing over partially completed bridge structures.
(3) Construction cranes:
(a) Operating on completed bridge structures.
(b) Operating on partially completed bridge structures.
Any pipeculvert(s) or box culvert(s) qualifying as a bridge under 1-3 is excluded fromthe
requirements above.
A completed bridge structure is a bridge structure in which all elemental components comprising
the load carrying assembly have been completed, assembled, and connected in their final position.
The components to be considered shall also include any related members transferring load to any
bridge structure.
The Specialty Engineer shall determine the effect that equipment loads have on the bridge
structure and develop the procedures for using the loaded equipment without exceeding the
structure's design load capacity.
Submit to the Department for approval eight copies of design calculations, layout drawings,
and erection drawings showing how the equipment is to be used so that the bridge structure will not
be overstressed. The Specialty Engineer shall sign and seal one set of the eight copies of the
drawings and the cover sheet of one of the eight copies ofthe calculations for the Department's
Record Set.
7,,-7.6 Posting of the Legal Gross Vehicular Weight: Display the maximum legal gross
weight, as specified in the Florida Uniform Traffic Code, in a permanent manner on each side of
any dump truck or dump type tractor-trailer unit hauling embankment material, construction
aggregates, road base material, or hot bituminous mixture to the project over any public road or
street. Display the weight in a location clearly visible to the scale operator, in numbers that contrast
in color with the background and that are readily visible and readable from a distance of 50 feet.
7-8 Structures over Navigable Waters.
7-8.1 Compliance with Federal and Other Regulations: Where erecting structures in,
adjacent to, or over; navigable waters, observe all regulations and instructions of Federal and other
authorities having control over such waters. Do not obstruct navigation channels without permission
from the proper authority, and provide and maintain navigation lights and signals in accordance
with the Federal requirements for the protection of the structure, of false work, and of navigation.
In the event of accidental blocking of the navigation channel, immediately notify the U.S. Coast
Guard of the blockage and upon removal of the blockage.
When work platforms are indicated in the permit for construction, submit work platform
construction plans to the appropriate Coast Guard District for approval. Obtain approval prior to
beginning construction on the platform.
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7-8.2 Maintenance of Channel: Where the work includes the excavation of a channel or
other underwater areas to a required section, maintain the section from shoaling or other
encroachment until final acceptance of the project.
7-9 Use of Explosives.
When using explosives for the prosecution of the work, exercise the utmost care not to
endanger life or property, including new work. The ContraCtor is responsible for all damage
resulting from the use of explosives.
Store all explosives in a secure manner in compliance with all laws and ordinances, and
clearly mark all such storage places with the words: "DANGEROUS - EXPLOSIVES". Place such
storage in the care of a competent watchman. Where no local laws or ordinances apply, provide
storage satisfactory to the Engineer and, in general, not closer than 1,000 feet from the road or from
any building, camping area, or place of human occupancy.
Notify each public utility company having structures in proximity to the site of the work of
the intention to use explosives. Give such notice sufficiently in advance to enable the companies to
take precautionary steps to protect their property from injury.
7-10 Forest Protection.
7-10.1 Compliance with State and Federal Regulations: In carrying out work within or
adjacent to State or National forests or parks, comply with all of the regulations of the State or
Federal authority having jurisdiction, governing the protection of and the carrying out of work in
forests or parks, and observe all sanitary laws and regulations with respect to the performance of
work in these areas. Keep the areas in an orderly condition, dispose of all refuse, and obtain permits
for the construction, installation, and maintenance of any construction camps, living quarters, stores,
warehouses, sanitary facilities, and other structures; all in accordance with the requirements of the
forest or park official.
7-10.2 Prevention and Suppression of Forest Fires: Take all reasonable precautions to
prevent and suppress forest fires. Require employees and subcontractors, both independently and at
the request of forest officials, to do all reasonably within their power to prevent and suppress forest
fires. Assist in preventing and suppressing forest fires, and make every possible effort to notify a
forest official at the earliest possible moment of the location and extent of all fires. Extinguish the
fire if practicable.
7-11 Preservation of Property.
7-11.1 General: Preserve from damage all property which is in the vicinity of or is in any
way affected by the work, the removal or destruction of which is not specified in the plans. This
applies to public and private property, public and private utilities (except as modified by the
provisions of7-11.6), trees, shrubs, crops, signs, monuments, fences, guardrail, pipe and
underground structures, and public highways (except natural wear and tear of highway resulting
from legitimate use thereof by the Contractor), etc., Whenever the Contractor's activities damage or
injure such property, immediately restore it to a condition similar or equal to that existing before
such damage occurred, at no expense to the Department.
Protect existing bridges during the entire construction period from damage caused by the
construction operations or equipment. The Department will not require the Contractor to provide
routine repairs or maintenance for such structures. However, immediately repair, at no expense to
the Department, all damage occasioned by the construction operations. In the event that the
Contractor's construction operations result in damage to a bridge requiring repairs, the Contractor
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shall make such repairs with any equipment, materials, or labor at the Contractor's disposal prior to
continuing Contract work.
Direct special attention to the protection of all geodetic monuments, horizontal or vertical,
located within the limits of construction.
7-11.2 Failure to Restore Damaged Property: In case of failure on the part of the
Contractor to restore such property, bridge, road or street, or to make good such damage or injury,
the Engineer may, upon 48 hours notice, proceed to repair, rebuild, or otherwise restore such
property, road, or street as may be deemed necessary, and the Department will deduct the cost
thereoffrom any monies due or which may become due the Contractor under the Contract. Nothing
in this clause prevents the Contractor from receiving proper compensation for the removal, damage,
or replacement of any public or private property, not shown on the plans, that is made necessary by
alteration of grade or alignment. The Engineer will authorize such work, provided that the
Contractor, or his employees or agents, have not, through their own fault, damaged such property.
7-11.3 Contractor's Use of Streets and Roads:
7-11.3.1 On Systems Other than the State Highway System: When hauling materials
or equipment to the project over roads and bridges on the State park road system, county road
system, or city street system, and such use causes damage, immediately, at no expense to the
Department, repair such road or bridge to as good a condition as before the hauling began.
The Department may modify the above requirement in accordance with any agreement
the Contractor might make with the governmental unit having jurisdiction over a particular road or
bridge, provided that the Contractor submits written evidence of such agreement to the Engineer.
7-11.3.2 On the State Highway System: The Department is responsible for the repair of
any damage that hauling materials to the site causes to roads outside the limits of the project, that
are either on the State highway system (roads under the jurisdiction of the Department) or
specifically designated in the plans as haul roads from Department-furnished material pits, except in
the event damage is due to failure to comply with 7-7.2. The Contractor is responsible for all
damages to any road or bridge caused by the Contractor's failure to comply with 7-7.2.
7-11.3.3 Within the Limits of a Construction Project: The Department will not allow
the operation of equipment or hauling units of such weight as to cause damage to previously
constructed elements ofthe project, including but not necessarily limited to bridges, drainage
structures, base course, and pavement. Do not operate hauling units or equipment loaded in excess
of the maximum weights specified in 7-7.2 on existing pavements that are to remain in place
(including pavement being resurfaced), cement-treated subgrades and bases, concrete pavement,
any course of asphalt pavement, and bridges. The Engineer may allow exceptions to these weight
restrictions for movement of necessary equipment to and from its worksite, for hauling of offsite
fabricated components to be incorporated into the project, and for crossings as specified in 7-7.3.
7-11.4 Traffic Signs, Signal Equipment, Highway Lighting and Guardrail: Protect all
existing roadside signs, signal equipment, highway lighting and guardrail, for which permanent
removal is not indicated, against damage or displacement. Whenever such signs, signal equipment,
highway lighting or guardrail lie within the limits of construction, or wherever so directed by the
Engineer due to urgency of construction operations, take up and properly store the existing roadside
signs, signal equipment, highway lighting and guardrail and subsequently reset them at their
original locations or, in the case of widened pavement or roadbed, at locations designated by the
Engineer.
If the Department determines that damage to such existing or permanent installations of
traffic signs, signal equipment, highway lighting or guardrail is caused by a third party(ies), and is
not otherwise due to any fault or activities of the Contractor, the Department will, with the
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exception of any damage resulting from vandalism, compensate the Contractor for the costs
associated with the repairs. Repair damage caused by vandalism at no expense to the Department.
Payment for repairs will be in accordance with 4-3.4.
7-11.5 Operations Within Railroad Right-of-Way:
7-11.5.1 Notification to the Railroad Company: Notify the superintendent of the
railroad company, as shown on the plans, and the Engineer at least 72 hours before beginning any
operation within the limits of the railroad right-of-way; any operation requiring movement of
employees, trucks, or other equipment across the tracks of the railroad company at other than an
established public crossing; and any other work that may affect railroad operations or property.
7-11.5.2 Contractor's Responsibilities: Comply with whatever requirements an
authorized representative of the railroad company deems necessary in order to safeguard the
railroad's property and operations. The Contractor is responsible for all damages, delays, or injuries
and all suits, actions, or claims brought on account of damages or injuries resulting from the
Contractor's operations within or adjacent to railroad company right-of-way.
7-11.5.3 Watchman or Flagging Services: The railroad company will furnish
protective services (i.e., watchman or flagging services) to ensure the safety of railroad operations
during certain periods of the project. The Department will reimburse the railroad company for the
cost thereof. Schedule work that affects railroad operations so as to minimize the need for protective
services by the railroad company.
7-11.6 Utilities:
7 -1 L6~1 Arrangements for Protection or Adjustment: Do not commence work at
points where the construction operations are adjacent to utility facilities or other property, until
making arrangements with the utility facilities to protect against damage that might result in
expense, loss, disruption of service, or other undue inconvenience to the public or to the owners.
The Contractor is solely and directly responsible to the owners and operators of such properties for
all damages, injuries, expenses, losses, inconveniences, or delays caused by the Contractor's
operations.
The Department will make the necessary arrangements with utility owners for removal
or adjustment of utilities where the Engineer determines that such removal or adjustment is essential
to the performance of the required construction. The Department will not consider relocation or
adjustment requests based on the Contractor's proposed use of a particular method of construction
or a particular type of equipment as essential to the construction of the project if the Contractor
could use other common methods and equipment without relocating or adjusting the utility. The
Engineer will determine the responsibility for any such required adjustments of utilities. The
Contractor shall make all requested relocations or adjustments because of delivery to the job site of
Contractor-furnished materials, at no expense to the Department.
The Department considers relocations and adjustments (or other protection) under the
following circumstances as essential to the construction of the project:
(1) Utilities lying within the vertical and horizontal construction limits, plus the
reasonably required working room necessary for operation of equipment normally used for the
particular type of construction, all as determined by the Engineer (and except as provided in
paragraph (4) below). (In the case of overhead electrical conductors that carry more than 400 V, a
minimum of 10 feet clearance between the conductor and the nearest possible approach of any part
of the equipment is required, except where-the utility owner effects safeguards approved by OSHA.)
(2) Utilities lying within the horiiontallimits ofthe project and within 12 inches
below the ground surface or the excavation surface on which the Contractor operates constructiontequipment, or within 12 inches below the bottom of any stabilizing course specified in the plans.
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(3) Utilities lying within the normal limits of excavation for underground drainage
facilities or other structures (except as provided in paragraph (4) below). Such normal limits shall-
extend to side slopes along the angle of repose, as established by sound engineering practice, unless
the Contract Documents require support of the excavation sides by sheeting or the Contractor elects
to sheet such excavation for his own convenience.
(4) Where utilities cross pipe trenches transversely within the excavation area, but
not within positions from which relocation or removal is necessary, the utility owner is responsible
for providing and effecting all reasonable measures for their support and protection during
construction operations. Cooperate with the utility owner in the owner's effecting of such support
and protective measures. The Contractor is responsible for all damage to the utility that is caused by
the Contractor's neglect or failure to cooperat~ or to use proper precaution in performing his work.
In the event that a temporary relocation of a utility or a particular sequence of timing
in the relocation of a utility is necessary, the Engineer will direct such relocation so as to cause the
least impediment to the overall construction operations. The Department is not responsible for
utility adjustments or temporary relocation work, or for the conditions resulting therefrom, where
such adjustments are (1) not necessitated by the construction of the project, (2) done solely for the
benefit or convenience of the utility owner or its contractor, or the highway contractor where the
Department considers his construction procedures to be other than normal, or (3) not shown on the
approved plans for the utility relocation or the construction of the project.
7-11.6.2 Cooperation with Utility Owners: Cooperate with the owners of all
underground or overhead utility lines in their removal and rearrangement operations in order that
these operations may progress in a reasonable manner, that duplication or rearrangement work may
be reduced to a minimum, and that services rendered by the utility owners will not be unnecessarily
interrupted.
In the event of interruption of water or other utility services as a result of accidental
breakage, exposure, or lack of support, promptly notify the proper authority and cooperate with the
authority in the prompt restoration of service. Ifwater service is interrupted and the Contractor is
performing the repair work, the Contractor shall work continuously until the service is restored. Do
not begin work around fire hydrants until the local fire authority has approved provisions for
continued service.
7-11.6.3 Utility Adjustments: Certain utility adjustments and reconstruction work may
be underway during the progress of the Contract. Cooperate with the various utility construction
crews who are maintaining utility service. Exercise due caution when working adjacent to relocated
utilities. The Contractor shall repair all damage to the relocated utilities resulting from his
operations at no expense to the Department. The requirements of 7-11.1 and 7-11.6.2 outline the
Contractor's responsibility for of protecting utility facilities. The Department will include in the
Contract the utility authorities who are scheduled to perform utility work on the project.
7-11.6.4 Weekly Meetings: Conduct weekly meetings on the job site with all the
affected utility companies and the Engineer in attendance to coordinate project construction and
utility relocation. Submit a list of all attendees one week in advance to the Engineer for approval.
Provide the approved Work Progress Schedule and Work Plan for the project, as
specified in 8-3.2, to document the schedule and plan for road construction and utility adjustments.
When utility relocations no longer affect construction activities, the Contractor may
discontinue the meetings with the Engineer's approval. -
7-12 Omitted Entirely (Responsibility for Damages, Claims, Etc.)
7-13 Omitted Entirely (Insurance)
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7-14 Omitted Entirely (Contractor's Responsibility for Work)
7-15 Opening Sections of Highway to Traffic.
Whenever any bridge or section of roadway is in acceptable condition for travel, the
Engineer may direct the Contractor to open itto traffic. The Department's direction to open a bridge
or roadway does not constitute an acceptance of the bridge or roadway, or any part thereof, or waive
any Contract provisions. Perform all necessary repairs or renewals, on any section of the roadway or
bridge thus opened to traffic under instructions from the Engineer, due to defective material or work
or to any cause other than ordinary wear and tear, pending completion and the Engineer's
acceptance of the roadway or bridge, or other work, at no expense to the Department.
7-18 Scales for Weighing Materials.
7-18.1 Applicable Regulations: When determining the weight of material for payment, use
scales meeting the requirements of Chapter 531 of Florida Statutes, pertaining to specifications,
tolerances, and regulations, as administered by the Bureau of Weights and Measures of the Florida
Department of Agriculture.
7-18.2 Base for Scales: Place such scales on a substantial horizontal base to provide
adequate support and rigidity and to maintain the level of the scales.
7-18.3 Protection and Maintenance: Maintain all scale parts in proper condition as to level
and vertical alignment, and fully protect them against contamination by dust, dirt,and other matter
that might affect their operation.
7-19 Source of Forest Products.
As required by Section 255.20 ofthe Florida Statutes, where price and quality are equal, and when
available, use only timber, timber piling, or other forest products that are produced and
manufactured in the State of Florida. This provision does not apply to Federal-aid projects.
7-20 Regulations of Air Pollution from Asphalt Plants.
7-20.1 General: Perform all work in accordance with all Federal, State, and local laws and
regulations regarding air pollution and burning. In particular, pay attention to Chapters 17-2 and 17-
5 of the Rules and Regulations of the Department of Environmental Protection, and to any part of
theState Implementation Plan applicable to the project. See also 110-9.2 regarding burning of
debris.
7-20.2 Dust Control: Ensure that excessive dust is not transported beyond the limits of
construction in populated areas. The Contractor may control dust for embankments or other cleared
or unsurfaced areas by applying water or calcium chloride, as directed by the Engineer. Use calcium
chloride in accordance with 102-5. When included in the plans, install mulch, seed, sod, or
temporary paving as early as practical. Control dust during the storage and handling of dusty
materials by wetting, covering, or other means as approved by the Engineer.
7-20.3 Asphalt Material: Use only emulsified asphalt, unless otherwise stated in the plans
and allowed by Chapter 17-2 of the Rules and Regulations of the Department of Environmental
Protection. Store and handle asphalt materials and components so as to minimize unnecessary
release of hydrocarbon vapors. .
7-20.4 Asphalt Plants: Operate and maintain asphalt plants in accordance with Chapter 17-
2 of the Rules and Regulations of the Department of Environmental Protection. Provide the plant
site with a valid permit as required under Chapter 17-2 prior to start of work.
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7-21 Dredging and Filling.
Section 370.033 of the Florida Statutes, requires that all persons, who engage in certain dredge or
fill activities in the State of Florida, obtain a certificate of registration from the Florida Department
of Environmental Protection, Tallahassee, Florida 32301, and that they keep accurate logs and
records of all such activities for the protection and conservation of the natural resources. Obtain
details as to the application of this law from the Department of Environmental Protection.
7-20 Omitted Entirely (Available Funds)
7-23 Contractor's Motor Vehicle Registration.
The Contractor shall provide the Department with proof that all motor vehicles operated or caused
to be operated by such Contractor are registered in compliance with Chapter 320 of the Florida
Statutes. Submit such proof of registration in the form of a notarized affidavit to the Department.
The Department will not make payment to the Contractor until the required proof of registration is
on file with the Department.
If the Contractor fails to register any motor vehicle that he operates in Florida, pursuant to Chapter
320 of the Florida Statutes, the Department may disqualify the Contractor from bidding, or the
Department may suspend and revoke the Contractor's certificates of qualification.
SECTION 8
PROSECUTION AND PROGRESS
8-1 Omitted Entirely (Subletting or Assigning of Contracts)
8-2 Omitted Entirely (Work Performed by Equipment-Rental Agreement) Only applicable to
federally mandated wage rates.
8-3.1 Omitted (Prosecution of Work) Compliance with Time Requirements.
8-3.2 WORKING SCHEDULE
SUBARTICLE 8-3.2 (Pages 79 and 80) is deleted and the following substituted:
8-3.2 General: For this Contract submit the following schedules and reports.
8-3.2.1 Contract Schedule: Submit to the Engineer for acceptance a Critical Path Method (CPM)
Contract Schedule for the project within 30 calendar days after execution ofthe Contract or at the
preconstruction conference, whichever is earlier.
The Contract Schedule shall include detailed schedule diagrams and schedule data as .
described below for the entire Contract Period. The Contract Schedule shall be consistent with the
Contract Maintenance of Traffic plan, showing activities for each discrete Contract activity to be
accomplished within each Maintenance of Traffic phase. Include activities for deliverables and
reviews in the schedule. Sufficient liaison shall be conducted and information provided to indicate
coordination with utility owners having facilities within the project limits. The schedule must reflect
the utility adjustment schedules included in the Contract Documents, unless changed by mutual
agreement of the utility company, the Contractor and the Department.
Failure to include any element of work or any activity relating to utility work will not relieve
the Contractor from completing all work within the Contract Time at no additional time or cost to
the Department, not withstanding the acceptance of the schedule by the Department.
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The Engineer will withhold monthly payments due for failure of the Contractor to submit an
acceptable schedule or monthly updates within the time frame described herein.
8-3.2.2 Schedule Submissions: Develop the schedule in Precedence Diagram Method (PDM)
format. All schedule submittals, shall have a copy of the schedule files on a Windows compatible
3.5" diskette or CD attached. The files shall bein one of the following formats:
-I. Primavera Project Planner (P3) project files using the Primavera Project Planner (latest
version) "Back up" menu selection. Ensure that the option "Remove access list during backup": is
checked.
2. Primavera Suretrak (latest version) "Back up" menu selection. Ensure that the option
"Remove access list during backup" is checked.
Each schedule submission and monthly update shall include a minimum of 4 times:
1) a CPM Network Diagram in time-scale logic diagram, by week starting on Monday,
grouped (banded) by phrase and sorted by early start days. Prominently identify the critical path
activities, defined as the longest continuous path of work activities. Submit the Network Diagram,
printed in color on D size, 22 by34 inch or E size, 34 by 44 inch paper. The network diagram shall
contain, as a minimum, the following information for each schedule activity: identification, activity
description, total duration, remaining duration, early start date, late finish date, and total float.
2) a report with the following schedule activity information for each construction activity:
identification, description, original duration, remaining duration, early start, early finish, total float,
percent complete, and budgeted cost. The bar chart diagram shall not be included in this'Teport. It
will be submitted on 8.5 by 11 inch paper. .
3) a schedule narrative report describing current project schedule status and identifying
potential delays. This report will include a description of the progress made since the previous
schedule submission and objectives for the upcoming 30 calendar days. It will be submitted on 8.5
by 11 inch paper. This report shall at a minimum include the following information:
a) This report shall indicate if the project is on schedule, ahead of schedule or behind
schedule. If the project is ahead of schedule or behind sehedule, the report shall include the specific
number of calendar days. If the project is behind schedule, the report shall include a detailed
recovery plan that will put the project back on schedule or include a properly supported request for
Time Extension.
b) The report will describe the current critical path of the project and indicate if this
has changed in the past 30 calendar days. Discuss current successes or problems that have affected
either the critical path's length or have caused a shift in the critical path within the last 30 calendar
days. Identify specific activities, progress, or events that may reasonably be anticipated to impact
the critical path within the next 30 calendar days, either to affect its length or to shift it to an
alternate path. .
c) List all schedule logic or duration changes that have been made to the schedule
since the previous submission. For each change, describe the basis for the change and specifically
identify the affected activities by identification number.
d) Identify any and all activities, either in progress or scheduled to occur within the
following 30 days that require Primavera Surttrack formats in accordance with formats specified
herein.
The Engineer will have 30 days to accept the contract schedule or to schedule
a meeting with the Contractor to resolve any problems that prevent acceptance of the schedule.
Attend the meeting scheduled_by the Engineer, and submit a corrected schedule to the Engineer
within seven days after the meeting. The process will be continued until a contract schedule is
accepted by the Engineer.
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8-3.2.3 Schedule Content: All schedule submissions shall comply with the following
content guidelines as appropriate to the specific submission:
Outline Schedule Diagrams and Data shall show the sequence, order and interdependence of major
construction milestones and activities. Include ordering and procurement of major materials and
equipment, long-lead time items, and key milestones identified by the Contract. Identify planned
work schedule(s) and include all non-workdays. Provide a description of each major construction
activity or key milestone.
Detailed Schedule Diagrams shall include activity number, description, early dates, float, and all
relationships (i.e. logic ties), resources and costs. Show the sequence, order, and interdependence of
activities in which the work is to be accomplished. Include allowance for Department oversight,
acceptance and return of submittals, samples and shop drawings where Department acceptance is
specifically required (in accordance with 5-1.4.6 of the standard specifications). In addition to
construction activities, detailed network activities shall include the submittals, procurement, and
Department or Utility activities impacting progress:
a. Submittal activities shall include oversight and acceptance of submittals. If the
Department's action on any submittal is "Not Accepted" or "Revise and Resubmit", a new series of
submittal preparation activities shall be inserted into the schedule. Predecessor for the new
submittal preparation activity will be the original acceptance activity and the successor of the new
acceptance activity will be the fabricaticm/deIivery activity for the equipment or materiaL'
b. Procurement activities shall include all materials and equipment, receipt of
materials with estimated procurement costs of major items for which payment of stockpiled
materials will be requested in advance of installation, fabrication of special material and equipment,
and their installation and testing.
c. Show activities of the Department or Utilities that affect the progress and contract-
required dates for completion of all or parts of the work.
Detailed Schedule Data: shall conform to the following:
a. All activities shall be assigned to a specific calendar within the software. Specific
calendars will be defined within the software to include planned work days and working hours.
These calendars will include both Contractor and Contract defined holidays and suspension days as
non-workdays.
b. Each schedule activity shall be cost loaded. Activity cost loading shall be
consistent with the bid breakdown. The sum total of the activity cost loading shall be equal to the
current contract value.
c. At a minimum, each schedule activity shall contain codes by
1. Responsibility: including, but not limited to, Department, Utility,
Contractor/Subcontractor, SupplierN endor, Consultant, etc.
2. Phasing: identify the appropriate Maintenance of Traffic phase or subphase.
d. Key milestones as identified by contract. At a minimum, the start and finish of each
Maintenance of Traffic phase or subphase shall be represented by a milestone activity.
e. All non-procurement activities must be less than or equal to 20 workdays unless approved
by the Engineer to be greater by the Engineer.
f. Detailed description of each activity. In each activity, give quantity and unit of measure so
that the amount of work the activity involves is clearly communicated.
g. Only two (2) open-ended activities (the first and the last) are allowed.
h. Constraints shall only be used for "Project Start," and "Project Completion." Constraints
cannot override logic. The use of any other imposed constraints is not allowed without specific
approval by the Engineer. Any other desired constraints must be submitted to the Engineer with the
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rationale for the use of each desired additional constraint. If allowed by the Engineer, the rationale
should be recorded in the activity's log field. Mandatory constraints (start and finish) violate
network logic and shall not be used.
i. Out of sequence progress, if applicable, shall be handled through Retained Logic. Use of
the Progress Override option is not appropriate for this project and will not be allowed.
j. Progress shall be calculated based on percent complete.
k. All changes to activities shall be recorded with a note in the activity log field. The log
shall include, as a minimum, the date and reason for the change, as well as reference to a document
wherein the Engineer acknowledges and accepts the change.
I. The use of resource leveling, either manual or automatic, is prohibited.
8-3.2.4 Weekly Meetings: Attend weekly meetings scheduled by the Engineer to discuss
Contract progress, near term scheduled activities, including utility relocations, problems and their
proposed solutions. Submit a Two-Week "Look Ahead" Planning Schedule at each weekly meeting,
showing the items of work planned for the next two weeks. Develop the schedule in Bar Chart
format, identifying current and planned activities and related Contract Schedule work activities,
including subcontractor work. Designate all activities that are controlling work items as determined
by the currently accepted Contract Schedule. A report shall be submitted at each weekly meeting
identifying schedule activity progress including actual start or finish dates achieved for any
activities.
8-3.2.5 Float: Is also known as slack time or slide time; it is defined as the amount of
time the finish of an activity can be delayed. Two kinds of float are possible: Total float is how.
much an activity can be delayed without affecting the finish date of the project or an intermediate
deadline (constraint); it is the difference between the late finish date and the early finish date. Free
float is how much an activity can be delayed without affecting its earliest successor.
Float is not for the exclusive use or benefit of either the Department or the
Contractor.
Use of float suppression techniques, such as preferential sequencing (arranging
critical path through activities more susceptible to Department caused delay), special lead/lag logic
restraints, zero total or free float constraints, extended activity times, or imposing constraint dates
other than as required by the contract, shall be cause for rejection of the project schedule or its
updates. The use of Resource Leveling (or similar software features) used for the purpose of
artificially adjusting activity durations to consume float and influence the critical path is expressly
prohibited.
Negative float shall not be a basis for requesting time extensions. Any extension of
time shall be addressed in accordance with 8-3.2.6 Time Extensions. Scheduled completion date(s)
that extend beyond the contract completion date (evidenced by negative float) may be used in
computations for assessment of payment withholdings. The use of this computation is not to be
construed as a means of acceleration.
8-3.2.6 Time Extensions: The Contractor is responsible for submitting a request for
Contract Time extension in accordance with 8-7.3.2 of the standard specifications. An extension of
time for performance shall be considered only to the extent that a delay to an activity or activities
exceeds the total float along the project critical paths.
As a minimum, time extension requests shall contain:
a. A descriptive summary of the changes
b. An analysis of project impact
c. A fragnet that shows the impacted activities before the change.
d. A fragnet that shows the impacted activities after the change.
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Time extensions shall not be considered for proposals that do not include full documentation for the
schedule change. Once a change has been approved by the Engineer, the specific activities and the
overall schedule must be updated.
8-3.2.7 Performance of Work: By submitting a schedule the Contractor is making a positive
assertion that the project will be constructed in the order indicated on the schedule. Prosecute the
work in accordance with the latest accepted Working Schedule. Any costs associated with meeting
milestones and completing the project within the authorized Contract Time will be borne solely by
the Contractor.
8-3.2.8 As-Built Schedule: As a condition for the release of any retainage, submittal of an as-built
schedule which describes the actual order and start and stop times for all activities by the Contractor
is required.
8-3.3 Omitted Entirely (Beginning Work)
8-3.4 Omitted Entirely (Provisions for Convenience of Public
8-3.5 Omitted Entirely (Preconstruction Conference)
8-3.6 P ARTNERING
SUBARTICLE 8-3,6 is inserted:
8-3.6 Partnering: For this Contract, a non-bid pay item in the Lump Sum amount of $5,000.00 has
been established for Partnering. The objective of Partnering is to establish a partnership charter and
action plan for the Contractor, the Engineer and other parties impacted by the activities covered
under this Contract to identify and achieve reciprocal goals. These objectives may be met through
participation in a major workshop held as early as possible after the Contract is awarded and follow-
up workshops held periodically throughout the duration of the Contract.
As early as possible and prior to the preconstruction conference, meet with the TECM Director and
plan an initial partnering/team building workshop. At this planning session, select a workshop
facilitator, suitable to the TECM Director, from the FDOT approved list of facilitators maintained
by the Quality Initiatives Office. Additionally, the agenda, duration, location, time, and attendees
for the initial workshop should be determined.
Attendees should include the TECM Director, the Project Engineer, the Road Construction
Manager, The Project Manager and key project personnel, the Contractor's Superintendent and key
personnel as well as other project or field level personnel.
Partnering workshops may be held periodically throughout the duration of the Contract if authorized
by the TECM Director. The County will reimburse the Contractor based on actual invoice amounts
for the following costs associated with Partnering:
a. Meeting room.
b. Facilitator fees.
c. Travel expenses of the facilitator, in accordance with Section 112.061, Florida
Statues.
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The County will not reimburse the Contractor for any other expenses. Payment will be the
actual cost prorated as a percent of the Lump Sum amount. Payment shall be made under: Item No.
999- 16- Partnering - lump sum.
8-4 Limitations of Operations.
8-4.1 Night Work: During active nighttime operations, furnish, place and maintain lighting
sufficient to permit proper workmanship and inspection. Use lighting with 5 ft. cd minimum
intensity. Arrange the lighting to prevent interference with traffic or produce undue glare to
property owners. Operate such lighting only during active nighttime construction activities. Provide
a light meter to demonstrate that the minimum light intensity is being maintained.
Lighting may be accomplished by the use of portable floodlights, standard equipment lights,
existing street lights, temporary street lights, or other lighting methods approved by the Engineer.
Submit a lighting plan at the Preconstruction Conference for review and approval by the
Engineer. Submit the plan on standard size plan sheets (not larger than 24 by 36 inch), and on a
scale of either 100 or 50 foot to I inch. Do not start night work prior to the Engineer's approval of
the lighting plan.
During active nighttime operations, furnish, place and maintain variable message signs to
alert approaching motorists of lighted construction zones ahead. Operate the variable message signs
only during active construction activities.
Equip all pickups and automobiles used on the project with either amber flashing lights or
2
flashing white lights. Equip all other equipment with a minimum of 4 ft of reflective sheeting, or
flashing lights. To avoid distraction to motorists, do not operate the lights on the vehicles or
equipment when the vehicles are outside the clear zone or behind traffic control devices.
Ensure that all personnel shall wear reflective vests at all times while in the work area.
Comply with all applicable regulations governing noise abatement.
Have a Certified W orksite Supervisor on site during all nighttime operations to ensure
proper Maintenance of Traffic.
Include compensation for lighting for night work in the Contract prices for the various items
ofthe Contract. Take ownership of all lighting equipment for night work.
8-4.2 Sequence of Operations: Do not open up work to the prejudice of work already
started. The Engineer may require the Contractor to finish a section on which work is in progress
before starting work on any additional section.
8-4.3 Interference with Traffic: At all times conduct the work in such manner and in such
sequence as to ensure the least practicable interference with traffic. Operate all vehicles and other
equipment safely aIid without hindrance to the traveling public. Park all private vehicles outside the
clear zone. Place materials stored along the roadway so as to cause no obstruction to the traveling
public as possible.
Where existing pavement is to be widened and stabilizing is not required, prevent any open
trench from remaining after working hours by scheduling operations to place the full thickness of
widened base by the end of each day. Do not construct widening strips simultaneously on both sides
of the road, except where separated by a distance of at least 1/4 mile along the road and where
either the work of excavation has not been started or the base has been completed.
8-4.4 Coordination with other Contractors: Sequence the work and dispose of materials
so as not to interfere with the operations of other Contractors engaged upon adjacent work; join the
work to that of others in a proper manner, in accordance with the spirit of the Contract Documents;
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and perform the work in the proper sequence in relation to that of other contractors; all as maybe
directed by the Engineer.
Each contractor is responsible for any damage done by him or his agents to the work
performed by another contractor.
8-4.5 Drainage: Conduct the operations and maintain the work in such condition to provide-
adequate drainage at all times. Do not obstruct existing functioning storm sewers, gutters, ditches,
and other run-off facilities.
8-4.6 Fire Hydrants: Keep fire hydrants on or adjacent to the highway accessible to fire
apparatus at all times, and do not place any material or obstruction within 15 feet of any fire
hydrant.
8-4.7 Protection of Structures: Do not operate heavy equipment close enough to pipe
headwalls or other structures to cause their displacement.
8-4.8 Fencing: Erect permanent fence as a first order of business on all projects that include
fencing where the Engineer determines that the fencing is necessary to maintain the security of
livestock on adjacent property, or for protection of pedestrians who are likely to gain access to the
project from adjacent property.
8-4.9 Hazardous or Toxic Waste: When the construction operations encounter or expose
any abnormal condition that may indicate the presence of a hazardous or toxic waste, discontinue
such operations in the vicinity of the abnormal condition and notify the Engineer immediately. Be
alert for the presence oftanks or barrels; discolored earth, metal, wood, ground water, etc.; visible
fumes; abnormal odors; excessively hot earth; smoke; or other conditions that appear abnormal as
possible indicators of hazardous or toxic wastes and treat these conditions with extraordinary
caution.
Make every effort to minimize the spread of any hazardous or toxic waste into
uncontaminated areas.
Do not resume the construction operations until so directed by the Engineer.
Dispose of the hazardous or toxic waste in accordance with the requirements and regulations
of any Local, State, or Federal agency having jurisdiction. Where the Contractor performs work
necessary to dispose of hazardous or toxic waste, and the Contract does not include pay items for
disposal, the Department will pay for this work as provided in 4-4.
The Department may agree to hold harmless and indemnify the Contractor for damages
when the Contractor discovers or encounters hazardous materials or pollutants during the
performance of services for the Department when the presence of such materials or pollutants were
unknown or not reasonably discoverable. Such indemnification agreements are only effective if the
Contractor immediately stops work and notifies the Department of the hazardous material or
pollutant problem.
Such indemnification agreement are not valid for damages resulting from the Contractor's
willful, wanton, or intentional conduct or the operations of Hazardous Material Contractors.
8-5 Omitted Entirely (Qualifications of Contractor's Personnel)
8-6 Omitted Entirely. (Temporary Suspension of Contractor's Operations)
8-7 Computation of Contract Time.
8-7.1 General: Perform the contracted work fully, entirely, and in accordance with the
Contract Documents within the Contract Time specified in the proposal, or as may be extended in
accordance with the provisions herein below.
The Department considers in the computation of the allowable Contract Time the effect that utility
relocation and adjustments have on job progress and the scbeduling of constructiou operations );{
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required in order to adequately maintain traffic,.as detailed in the plans or as scheduled in the
Special Provisions.
8-7.2 Date of Beginning of Contract Time: The date on which Contract Time begins is
either (1) the date on which the Contractor actually begins work, or (2) the date for beginning the
charging of Contract Time as set forth in the proposal; whichever is earlier.
8-7.3 Adjusting Contract Time:
8-7.3.1 Increased Work: The Department may grant an extension of Contract Time
when it increases the Contract amount due to overruns in original Contract items, adds new work
items, or provides for unforeseen work. The Department will base the consideration for granting an
extension of Contract Time on the ext~nt that the time normally required to complete the additional
designated work delays the Contract completion schedule.
8-7.3.2 Contract Time Extensions: The Department may grant an extension of Contract
Time when a controlling item of work is delayed by factors not reasonably anticipated or
foreseeable at the time of bid. The Department may allow such extension of time only for delays
occurring during the Contract Time period or authorized extensions of the Contract Time period.
When failure by the Department to fulfill an obligation under the Contract results in delays to the
controlling items of work, the Department will consider such delays as a basis for granting a time
extension to the Contract.
Whenever the Engineer suspends the Contractor's operations, as provided in 8-6, for
reasons other than the fault of the Contractor, the Engineer will grant a time extension for any delay
to a controlling item of work due to such suspension. The Department will not grant time extensions
to the Contract for delays due to the fault or negligence of the Contractor.
This is a calendar day contract and no additional time will be allowed for weather delays
except for floods, hurricanes, other force majoure or unforeseen event in whole or part beyond the
control of the Contractor, a subcontractor or material supplier. In the event such a event occurs the
following procedures In the event such an event occurs the following procedures shall be followed
to determine if any additional time is due the contractor.
The effect of the adverse weather conditions other force majoure or unforeseeable event
which negatively impacts upon or delays the Contractor's controlling of critical activities shall be
evaluated on the date of each occurrence by the Engineer and the Contractor's superintendent.
Seasonal. or unseasonal rainfall will not be considered a viable cause for resultant impacts and.
delays, if any.
Contract time extensions shall not accrue nor be granted automatically during the course
of the work. Rather, the determination of whether time extensions will be granted to the Contractor
shall only occur at the completion of all Contract work, and only if requested by the Contractor in
writing. Moreover, considerations for granting additional Contract time for rain-induced delays
shall be subject to the Contractor's submission of detailed project records including evidence of
same as depicted by pertinent time/activity information on the project schedule. Additionally; as a
prerequisite to the Engineer reviewing the Contractor's request to grant an extension of Contract
time for any reasons whatsoever, the Contractor shall provide a copy of the Project Schedule which
shall clearly indicate the dates and events contributing to the delay(s) under consideration."
No additional compensation will be made for delays caused by the effects of inclement
weather.
The Department will consider the delays in delivery of materials or component
equipment that affect progress on a controlling item of work as a basis for granting a time extension
if such delays are beyond the control of the Contractor or supplier. Such delays may include an
area-wide shortage, an industry-wide strike, or a natural disaster that affects all feasible sources of Jt
supply. In such cases, the Contractor shall furnish substantiating letters from a representative (:14
M28
number of manufacturers of such materials or equipment clearly confirming that the delays in
delivery were the result of an area-wide shortage, an industry-wide strike, etc. No additional
compensation will be'madefor delays caused by delivery of materials or component equipment.
The Department will not consider requests for time extension due to delay in the
delivery of custom manufactured equipment such as traffic signal equipment, highway lighting
equipment, etc., unless the Contractor furnishes documentation that he placed the order for such
equipment ina timely manner, the delay was caused by factors beyond the manufacturer's control,
and the lack of such equipment caused a delay in progress on a controlling item of work. No
additional compensation will be paid for delays caused by delivery of custom manufactured
equipment.
The Department will consider the affect of utility relocation and adjustment work onjob progress as
the basis for granting a time extension only if all the following criteria are met:
(1) Delays are the result of either utility work that was not detailed in the plans, or utility work that
was detailed in the plans but was not accomplished in reasonably close accordance with the
schedule included in the Contract Documents.
(2) Utility work actually affected progress toward completion of controlling work items.
(3) The Contractor took all reasonable measures to minimize the effect of utility work onjob
progress, including cooperative scheduling of the Contractor's operations with the scheduled utility
work at the preconstruction conference and providing adequate advance notification to utility
companies as to the dates to coordinate their operations with the Contractor's operations to avoid
delays.
As a condition precedent to an extension of Contract Time the Contractor must submit to
the Engineer:
. A preliminary request for an extension of Contract Time must be made in writing to the
Engineer within ten calendar days after the commencement of a delay to a controlling item of work.
If the Contractor fails to submit this required preliminary request for an extension of Contract Time,
the Contractor fully, completely, absolutely and irrevocably waives any entitlement to an extension
.of Contract Time for that delay. In the case of a continuing delay only a single preliminary request
for an extension of Contract Time will be required. Each such preliminary request for an extension
of Contract Time shall include as a minimum the commencement date of the delay, the cause of the
delay, and the controlling item of work affected by the delay; and
Further, the Contractor must submit to the Engineer a request for a Contract Time
extension in writing within 30 days after the elimination ofthe delay to the controlling item of work
identified in the preliminary request for an extension of Contract Time. Each request for a Contract
Time extension shall include as a minimum all documentation that the Contractor wishes the
Department to consider related to the delay, and the exact number of days requested to be added to
Contract Time. If the Contractor fails to submit this required request for a Contract Time extension,
with or without a detailed cost analysis, depriving the Engineer of the timely opportunity to verify
the delay, the Contractor waives any entitlement to an extension of Contract Time.
Upon timely receipt of the preliminary request of Contract Time from the Contractor, the
Engineer will investigate the conditions, and ifit is determined that a controlling item of work is
being delayed for reasons beyond the control of the Contractor the Engineer will take appropriate
action to mitigate the delay and the costs of the delay. Upon timely receipt ofthe request for a
Contract Time extension the Engineer will further investigate the conditions, and if it is determined
that there was an increase in the time of performance of the controlling item of work beyond the
control of the Contractor, then an adjustment of Contract Time will be made, and the Contract will
be modified in writing accordingly.
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The existence of an accepted schedule, is a condition precedent to the Contractor having
any right to the granting of an extension of contract time. Contractor failure to have an accepted
schedule, including any required update( s), for the period of potential impact, or in the event the
currently accepted schedule and applicable updates do not accurately reflect the actual status of the
project or fail to accurately show the true controlling or non.,.controlling work activities for the
period of potential impact, will result in any entitlement determination as to time for such period of
potential impact being limited solely to the Department's analysis and identification of the actual
controlling or non-controlling work activities. Further, in such instances, the Department's
determination as to entitlement as to time will be final.
8-8 Omitted Entirely (Failure of Contractor to Maintain Satisfactory Progress) Only
applicable to FDOT contracts.
8-9 Omitted Entirely (Default and Termination of Contract)
8-10 Omitted Entirely (Liquidated Damages for Failure to Complete Work)
8-11 Omitted Entirely (Release of Contractor's Responsibility)
8-12 Omitted Entirely (Recovery of Damages Suffered by Third Parties)
SECTION 9
MEASUREMENT AND PAYMENT
9-1 Measurement of Quantities.
9-1.1 Measurement Standards: The Engineer will measure all work completed under the
Contract in accordance with the United States Standard Measures.
9-1.2 Method of Measurements: The Engineer will take all measurements horizontally or
vertically.
9-1.3 Determination of Pay Areas:
9-1.3.1 Final Calculation: When measuring items paid for on the basis of area of
finished work, where the pay quantity is designated to be determined by calculation, the Engineer
will use lengths and widths in the calCulations based on the station to station dimensions shown on
the plans; the station to station dimensions. actually constructed within the limits designated by the
Engineer; or the final dimensions measured along the surface of the completed work within the neat
lines shown on the plans or designated by the Engineer. The Engineer will use the method or
combination of methods of measurement that reflect, with reasonable accuracy, the actual surface
area of the finished work as the Engineer determines.
9-1.3.2 Plan Quantity: When measuring items paid for on the basis of area of finished
. work, where the pay quantity is designated to be the plan quantity, the Engineer will determine the
final pay quantity based on the plan quantity subject to the provisions of9-3.2. Generally, the
Engineer will calculate the plan quailtity using lengths based on station to station dimensions and
widths based on neat lines shown in the plans.
9-1.4 Construction Outside Authorized Limits: The Engineer will not pay for surfaces
constructed over a greater area than authorized, or for material that the Contractor has moved from
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outside of slope stakes and lines shown on the plans, except where the Engineer provides written
instruction for the Contractor to perform such work.
9-1.5 Truck Requirements: Provide all trucks with numbers and certify that all trucks used
have a manufacturer's certification or permanent decal showing the truck capacity rounded to the
nearest tenth of a cubic yard placed on both sides of the truck. This capacity will include the truck
body only and any side boards added will not be included in the certified truck body capacity.
Ensure the lettering and numbers are legible for identification purposes at all times.
9-1.6 Ladders and Instrument Stands for Bridge Projects: On bridge projects, in order to
facilitate necessary measurements, provide substantial ladders to the tops of piers and bents, and
place and move such ladders as the Engineer directs.
For bridge projects crossing water or marshy areas, supply fixed stands for instrument mounting and
measurements, in accordance with the details stipulated in the Specifications for the project.
9-2 Scope of Payments.
9-2.1 Items Included in Payment: Accept the compensation as provided in the Contract as
full payment for furnishing all materials and for performing all work contemplated and embraced
under the Contract; also for all loss or damage arising out of the nature of the work or from the
action ofthe elements, or from any unforeseen difficulties or obstructions which may arise or be
encountered in the prosecution of the
work until its final acceptance; also for all other costs incurred under the provisions of Division I.
For any item of work contained in the proposal, except as might be specifically provided
otherwise in the basis of payment clause for the item, include in the Contract unit price (or lump
sum price) for the pay item or items the cost of all labor, equipment, materials, tools and incidentals
required for the complete item of work, including all requirements ofthe Section specifying such
item of work, except as specifically excluded from such payments.
9-2.1.1 Fuels:
Refer to Supplemental Conditions - "Fuel Cost Adjustment"
9-2.1.2 Omitted in its entirety (Bituminous Material)
Replaced by Supplemental Condition - "Bituminous Cost Adjustment"
9-3 Compensation for Altered Quantities.
9-3.1 General: When alteration in plans or quantities of work not requiring a supplemental
agreement as hereinbefore provided for are offered and performed, the Contractor shall accept
payment in full at Contract unit bid prices for the actual quantities of work done, and no allowance
will be made for increased expense, loss of expected reimbursement, or loss of anticipated profits
suffered or claimed by the Contractor, resulting either directly from such alterations, or indirectly
from unbalanced allocation among the Contract items of overhead expense on the part of the bidder
and subsequent loss of expected reimbursement therefore, or from any other cause.
Compensation for alterations in plans or quantities of work requiring supplemental
agreements shall be stipulated in such agreement, except when the Contractor proceeds with the
work without change of price being agreed upon, the Contractor shall be paid for such increased or
decreased quantities at the Contract unit prices bid in the Proposal for the items of work. Ifno
Contract unit price is provided in the Contract, and the parties cannot agree as to a price for the
work, the Contractor agrees to do the work in accordance with 4-3.2.
9-3.2 Payment Based on Plan Quantity:
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9-3.2.1 Error in Plan Quantity: As used in this Article, the term "substantial error" is
defined as the smaller of (a) or (b) below:
(a) a difference.between the original plan quantity and final quantity of more than
5%,
$5,000.
(b) a change in quantity which causes a change in the amount payable of more than
On multiple job Contracts, changes made to an individual pay item due to substantial
errors will be based on the entire Contract quantity for that pay item.
Where the pay quantity for any item is designated to be the original plan quantity, the
Department will revise such quantity only in the event that the Department determines it is in
substantial error. In general, the Department will determine such revisions by final measurement,
plan calculations, or both, as additions to or deductions from plan quantities.
In the event that either the Department or the Contractor contends that the plan quantity
for any item is in error and additional or less compensation is thereby due, the claimant shall
submit, attheir own expense, evidence of such in the form of acceptable and verifiable
measurements or calculations. The Department will not revise the plan quantity solely on the basis
of a particular method of construction that the Contractor selects. For earthwork items, the claimant
must note any differences in the original ground surfaces from that shown in the original plan .cross-
sections that would result in a substantial error to the plan quantity, and must be properly
documented by appropriate verifiable level notes, acceptable to both the Contractor and the
Department,
prior to disturbance of the original ground surface by construction operations. The claimant shall
support any claim based upon a substantial error for differences in the original ground surface by
documentation as provided above.
9-3.2.2 Authorized Changes in Limits of Work: Where the Department designates the
pay quantity for any item to be the original plan quantity and authorizes a plan change which results
in an increase or decrease in the quantity of that item, the Department will revise the plan quantity
accordingly. In general, the Department will determine such revisions by final measurement, plan
calculations or both.
9-3.2.3 Specified Adjustments to Pay Quantities: Do not apply the limitations
specified in 9-3.2.1 and 9-3.2.2 to the following:
(1) Where these Specifications or Special Provisions provide that the Department
determines the pay quantity for an item on the basis of area of finished work adjusted in accordance
with the ratio of measured thickness to nominal thickness.
(2) Where these Specifications provide for a deduction due to test results falling outside
of the allowable specified tolerances.
(3) To payment for extra length fence posts, as specified in 550-6.3.
9-3.3 Lump Sum Quantities:
9-3.3.1 Error in Lump Sum Quantity: Where the Department designates the pay
quantity for an item to be a lump sum and the plans show an estimated quantity, the Department
will adjust the lump sum compensation only in the event that either the Contractor submits
satisfactory evidence or the Department determines and furnishes satisfactory evidence that the
lump sum quantity shown is in substantial error as defined in 9-3.2.1.
9-3.3.2 Authorized Changes in Work: Where the Department designates the pay
quantity for an item to be a lump sum and the plans show an estimated quantity; the Department
will adjust compensation for that item proportionately when an authorized plan change is made
which results in an increase or decrease in the quantity of that item. When the plans do not show an
estimated plan quantity or the applicable specifications do not provide adjustments for
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contingencies, the Department will compensate for any authorized plan change resultil1g in 'an
increase or decrease in the cost of acceptably completing the item by establishing a new unit price
through a supplemental agreement as provided in 4-3.2.
9-3.4 Deviation from Plan Dimensions: If the Contractor fails to construct any item to
plan or to authorized dimensions within the specified tolerances, the Engineer, at his discretion will:
require the Contractor to reconstruct the work to acceptable tolerances at no additional cost to the
Department; accept the work and provide the Contractor no pay; or accept the work and provide the
Contractor a reduced final pay quantity or reduced unit price. The Department will not make
reductions to final pay quantities for those items designated to be paid on the basis of original plan
quantity or a lump sum quantity under the provisions of this Article unless such reduction results in
an aggregate monetary change per item of more than $100, except that for earthwork items, the
aggregate change must exceed $5,000 or 5% of the original plan quantity, whichever is smaller. If,
in the opinion of the Engineer, the Contractor has made a deliberate attempt to take advantage of the
construction tolerances as defined in 120-12.1 to increase borrow excavation in fill sections or to
decrease the required volume of roadway or lateral ditch excavation or embankment, the
Department will take appropriate measurements and will apply reductions in pay quantities. The
Department will not use the construction tolerance, as defined in 120-12.1, as a pay tolerance. The
construction tolerance is not to be construed as defining a revised authorized template.
9-4 Omitted Entirely (Deleted Work)
9-5 Omitted Entirely (Partial Payments)
9-6 Omitted Entirely (Record of Construction Materials)
9-7 Omitted Entirely (Disputed Amounts Due the Contractor)
9-8 Omitted Entirely (Acceptance and Final Payment)
9-9 Omitted Entirely (Interest Due on Delayed Payments)
9-10 Omitted Entirely (Offsetting Payments)
9-11 Omitted Entirely (Deleted Work)
9-12 Omitted Entirely (Partial Payments)
9-13 Omitted Entirely (Record of Construction Materials)
9-14 Omitted Entirely (Disputed Amounts Due the Contractor)
9-15 Omitted Entirely (Acceptance and Final Payment)
9-16 Omitted Entirely (Interest Due on Delayed Payments)
9-17 Omitted Entirely (Offsetting Payments)
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DIVISION II .
CONSTRUCTION DETAILS
SECTION 334 - SUPERP A VE ASPHALT CONCRETE
334-1 Description.
334-1.1 General: Construct a Superpave Asphalt Concrete course using the type of mixture
specified in the Contract, or when offered as alternates, as selected. Superpave mixes are identified
as Type SP-9.5, Type SP-12.5 or Type SP-19.0.
All test methods designated as FM refer to the FDOT Florida Sampling and Testing
Methods. All references to the Department shall mean the local agency. All references to the
Engineer shall mean the designated Engineer of the local agency. Any incorrect references to FDOT
specifications, test methods, or standards should be brought to the attention of the Engineer for
clarification.
Meet the requirements of Section 320 for plant and equipment, and meet the general
construction requirements of Section 330.
The Engineer will accept the work based on one of the following methods as
described in 334'-5: 1) Certification, 2) Certification and process control testing by the Contractor,
3) acceptance testing by the Agency or 4) other meth()d(s) as determined by the Contract.
. 334-1.2 Traffic Levels: The requirements for Type SP HbfMixAsphalt mixtill:es are based
on the design traffic level of the project, expressed in 18-Kip Equivalent Single Axle Loads
(ESAL's). The traffic levels are as shown in Table 334-1.
Table 334-1
Superpave Traffic Levels
Traffic Level Million ESAL' s Typical Applications
Local roads, county roads, city
A <0.3 streets where truck traffic is
light or prohibited.
B 0.3 to <3 Collector roads, access streets.
C 3 to < 10 Medium duty city streets and
majority of county roadways
Medium to heavy traffic city
D 10 to <30 streets, many state routes, US
highways, some rural
interstates.
E >30 US Interstate class roadways.
The traffic level(s) for the project are as specified in the Contract. In situations where the design
traffic level is not specified in the Contract, use a Traffic Level C mix. Where Type S Hot Mix
Asphalt is specified in the Contract, if approved by the Engineer, the equivalent fine Type SP Hot
Mix Asphalt mixture (Traffic Level C) may be selected as an alternate at no additional cost to the
Department. The equivalent mixes are as follows:
Type S- I.........,.. ........ ..... .... .............................. Type SP-12.5
Type S- II ........................... .............................. Type SP-19.0
Type S-III .......................................................... Type SP-9.5
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334-1.3 Layer Thicknesses: Use only fine graded Superpave mixes. Fine graded mixes are defined
as having a gradation that passes above the restricted zone when plotted on an FHW A 0.45 Power
Gradation Chart.
334- i.3.1 Fine Mixes: The allowable structural layer thicknesses for fine Type SP Hot Mix Asphalt
mixtures are as follows:
Type SP-9.5 ...............................................3/4 - 1 1/4 inches
Type SP-12.5 ..........................................1 1/4 - 2 1/2 inches
Type SP-19.0 ................................................. 2- 2 3/4 inches
In addition to the minimum and maximum thickness requirements, the
following restrictions are placed on fine mixes when used asa structural course:
Type SP-9.5 - Limited to the final (top) structural layer, one layer only.
Type SP-12.5 - May not be used in the first layer of courses over 3 1/2 inches thick,
nor in the first layer of courses over 2 3/4 inches thick on limited access facilities.
Type SP-19.0 - May not be used in the final (top) structural layer.
334-1.3.2 Additional Requirements: The following requirements also apply to fine Type SP Hot
Mix Asphalt mixtures:
1. A minimum 1 1/2 inch initial lift is required over an Asphalt Rubber Membrane
Interlayer (ARMI).
2. When construction includes the paving of adjacent shoulders (:55 feet wide), the
layer thickness for the upper pavement layer and shoulder shall be the same and paved in a single
pass, unless shown differently in the plans.
3. All overbuild layers shall be Type SP Hot Mix Asphalt designed at the traffic level
as stated in the Contract. Use the minimum and maximum layer thicknesses as specified in 334-
1.3.1 unless shown differently in the plans. On variable thickness overbuild layers, the minimum
allowable thickness may be reduced by 1/2 inch, and the maximum allowable thickness may be
increased 1/2 inch, unless shown differently in the plans.
334-2 Materials.
334-2.1 General Requirements: Meet the material requirements specified in Division III.
Specific references are as follows: .
Superpave PG Asphalt Binder or Recycling Agent .................916-1,916-2
Coarse Aggregate, Stone, Slag or Crushed Gravel.................... Section 901
Fine Aggregate ...... ........... ..... .......... ........ ..... .......... ......... ........... Section 902
Crushed Reclaimed Portland Cement Concrete Pavement may be used as a coarse
aggregate or screenings component subject to meeting all applicable specifications.
334-2.2 Gradation Requirements: Combine the coarse and fine aggregate in proportions
that will produce an asphalt mixture meeting all of the requirements defined in this Specification
and conform to the gradation requirements at design as defined in Table 334-2. Aggregates from
various sources may be combined.
Table 334-2
Aggregate Gradation Control Points
(Gradation Design Ranges)
Superpave Mixture (Percent Passing)
SP-9.5 I SP-12.5 I SP-19.0
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Sieve Size Min. Max. Min. Max. Min. Max
1 inch - - - - 100 -
3/4 inch - - 100 - 90 100
1/2 inch 100 - 90 100 - 90
3/8 inch 90 100 - 90 - -
No.4 - 90 - - - -
No.8 32 67 28 58 23 49
No. 200 2 10 2 10 2 8
334-2.3 Restricted Zone: The gradation identified in 334-2.2 shall pass above the restricted
zone specified in Table 334-3.
334-2.4 Aggregate Consensus Properties: Meet the following consensus properties at
design for the aggregate blend:
334-2.4.1 Coarse Aggregate Angularity: When tested in accordance with ASTM D
5821, meet the coarse aggregate angularity requirement defined in Table 334-4.
334:-2.4.2 Fine Aggregate Angularity: When tested in accordance with AASHTO .
T-304, meet the fine aggregate angularity requirement defined in Table 334-5.
Table 334-3
.,' Aggregate Gradation Restricted Zone
(Design Only)
Boundaries of Restricted Zone
Sieve Si?:e within Superpave Mixture (Percent Passing)
Restricted Zone SP-9.5 SP-12.5 SP-19.0
Min. Max. Min. Max. Min. Max
No.4 - - - - - -
No.8 47.2 47.2 39.1 39.1 34.6 34.6
No. 16 31.6 37.6 25.6 31.6 22.3 28.3
No. 30 23.5 27.5 19.1 23.1 16.7 20.7
Table 334-4
Coarse Aggregate Angularity Criteria
(Minimum Percent Fractured Faces)
Depth of Top of Pavement Layer From Surface
Traffic :::S4 inches >4 inches
Level I or More Fractured 2 or More Fractured 1 or More Fractured 2 or More Fractured
Faces(%) Faces (%) Faces (%) Faces (%)
A 55 - - -
B 75 - 50 -
C 85 80 60 -
D 95 90 80 75
E 100 100 100 100
Table 334-5
Pine Aggregate Angularity Criteria
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Depth of Top of Pavement Layer From Surface
Traffic :S4 inches >4 inches
Level Minimum Uncompacted Minimum Uncompacted
Void Content (%) Void Content (%)
A - -
B 40 40
C 45 40
D 45 40
E 45 45
334-2.4.3 Flat and Elongated Particles: When tested in accordance with ASTM D
4791, use a ratio of maximum to minimum dimensions of 5: 1 and do not exceed 10% as the
maximum amount of flat and elongated particles for the coarse aggregate blend for all projects with
Traffic Levels B and higher. This criteria does not apply for Traffic Level A.
334-2.4.4 Clay Content: When tested in accordance with AASHTO T 176, meet the
sand equivalent value for fine aggregate blend defined in Table 334-6.
Traffic Level
A
B
C
D
E
Table 334-6
Clay Content
Sand Equivalent Minimum (%)
40
40
45
45
50
334-2.5 Use of Reclaimed Asphalt Pavement:
334-2.5.1 General Requirements: Reclaimed Asphalt Pavement (RAP) maybe
used as a component material of the asphalt mixture subject to the following:
1. The Contractor assumes responsibility for the design of asphalt mixes which
incorporate RAP as a component material.
2. For design purposes, the Contractor assumes responsibility for establishing
accurate specific gravity values for the RAP material. This may be accomplished by one of the
following methods:
a) Calculation of the bulk specific gravity value based upon the effective
specific gravity of the RAP, determined on the basis of the asphalt binder content and maximum
specific gravity. The Engineer will approve the estimated asphalt binder absorption value used in
the calculation.
b) Testing ofthe extracted aggregate obtained through a vacuum extraction or
ignition oven extraction.
3. For projects with Traffic Levels D and E, do not permit the amount of RAP
material used in the mix to exceed 30% by weight of total aggregate. For projects with Traffic
Levels A, B and C, do not permit the amount of RAP material used in the mix to exceed 50% by
weight of total aggregate.
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4. Use a grizzly or grid over the RAP cold bin, in-line roller crusher, screen, or other
suitable means to prevent oversized RAP material from showing up in the completed recycled
mixture.
If oversized RAP material appears in the completed recycled mix, take the
appropriate corrective action immediately. If the appropriate corrective actions are not immediately
taken, stop plant operations.
5. Provide stockpiled RAP material that is reasonably consistent in characteristics
and contains no aggregate particles which are soft or conglomerates of fines.
6. Provide RAP having a minimum average asphalt content of 4.0% by weight of
total mix. The Engineer may sample the stockpile to verify that this requirement is met.
334-2.5.2 Binder for Mixes with RAP: Select the appropriate binder based on Table 334-7.
The Engineer reserves the right to change binder type and grade at design based on the
characteristics of the RAP binder, and reserves the right to make changes during production.
Maintain the viscosity of the recycled mixture within the range of 4,000 to 12,000 poises. Obtain a
sample of the mixture for the Engineer within the first 1,000 tons and at a frequency of
approximately one per 4,000 tons of mix.
Table 334-7
Binder Grade for Mixes Containing RAP
% RAP Asphalt Binder Grade
<20 PG 67-22
20-29 PG 64-22
~ 30 Recycling Agent
Note: When a PG 76-22 Asphalt Binder is called for in the Contract, limit the amount of RAP material used
in the mix to a maximum of 15%.
334-2.6 Use of Recycled Crushed Glass: Recycled crushed glass may be used as a component of the
bituminous mixture subject to the following:
1. Consider the recycled crushed glass a local material and meet all requirements specified
in 902-6.
2. Limit the amount of recycled crushed glass in any bituminous mixture to a maximum of
15% of the total aggregate weight.
3. Use an asphalt binder that contains a minimum of 0.5% anti-stripping agent from the
Department's Qualified Products List. The addition of the specified amount of anti-stripping agent
must be certified by the supplier.
4. Do not use recycled crushed glass in friction course mixtures or in structural course'
mixtures, which are to be used as the final wearing course.
334-3 General Composition of Mixture.
334-3.1 General: Compose the asphalt mixture using a combination of aggregate (coarse,
fine or mixtures thereof), mineral filler, if required, and asphalt binder material. Size, grade and
combine the aggregate fractions to meet the grading and physical properties of the approved mix
design. Aggregates from various sources may be combined.
334-3.2 Mix Design:
334-3.2.1 General: Design the Superpave asphalt mixture in accordance with AASHTO PP_
28, except as noted herein, to meet the requirements of this Specification. Use only FDOT verified
mix designs. (Note: For Fine graded Traffic Level D & E mixes, if an FDOT verified design is not
available, use a design as approved by the Engineer.) Prior to the prodnction of any Superpave d
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asphalt mixture,. submit the proposed mix design with supporting test data indicating compliance
with all Superpave mix design criteria. _
The Engineer will consider any marked variations from original test data for a mix
design or any evidence of inadequate field performance of a mix design as sufficient evidence that
the properties of the mix design have changed, and the Engineer will no longer allow the use of the
mix design.
334-3.2.2 Grading Requirements: Meet the gradation design ranges of Table 334-2.
334-3.2.3 Gyratory. Compaction: Compact the design mixture in accordance with
AASHTO TP-4. Use the number of gyrations as defined in Table 334-8.
Table 334-8
Superpave Design Gyratory Compactive Effort
Traffic Level Ninitial Ndesian Nmaximum
A 6 50 75
- ... B . 7 -.,... 75 115 ..
C 7 75 115
D 8 100 160
E 9 125 205
334-3.2.4 Volumetric Criteria: Use an air void content of the mixture at design of
4.0% at the design number of gyrations (Ndesign). Meet the requirements of Table 334-9.
Table 334-9
Mixture Densification Criteria
%Gmm
Traffic Level Ninitial N desie:u Nmaximum
A <91.5 96.0 <98.0
B <90.5 96.0 <98.0
C <89.0 96.0 <98.0
D <89.0 96.0 <98.0
E <89.0 96.0 <98.0
334-3.2.5 VMA Criteria: Meet the requirements of Table 334-10 for voids in the
mineral aggregate (VMA) of the mixture at the design number of gyrations.
Table 334-10
VMA Criteria
Type Mix Minimum VMA (%)
SP-9.5 15.0
SP-12.5 14.0
SP-19.0 13.0
334-3.2.6 VFA Criteria: Meet the requirements of Table 334-11 for voids filled
with asphalt (VF A) of the mixture at the design number of gyrations.
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Table 334-11
VF A Criteria
Traffic Level Design VF A (%)
A . 70 - 80
B 65-78
C ~_~
D ~_~
E ~_~
Note: For Type SP-9.5 mixtures at Traffic Levels C, D & E, the specified VF A range shall be 73% to 76%.
334-3.2.7 Dust Proportion: Use a dust to effective asphalt binder content by weight
between 0.6 to 1.2.
334-3.2.8 Moisture Susceptibility: Test the specimens in accordance with FM 1- T
283. Provide a mixture (4 inch specimens) having a retained tensile strength ratio of at least 0.80
and a minimum tensile strength (dry and unconditioned) of 100 psi. If necessary, add a liquid anti-
stripping agent, which is on the Department's Qualified Products List or hydrated lime (meeting the
requirements of Section 337) in order to meet these criteria.
334-3.2.9 Additional Information: In addition to the requirements listed above,
provide the following information with each proposed mix design submitted for use:
1. The design traffic level and the design number of gyrations (Ndesign).
2. The source and description of the materials to be used. .
3. The FDOT source number product code of the aggregate components furnished
from an FDOT approved source.
4. The gradation and proportions of the raw materials as intended to be combined in
the paving mixture. The gradation of the component materials shall be representative of the material
at the time of use. Compensate for any charige in aggregate gradation in handling and processing as
necessary.
5. A single percentage of the combined mineral aggregate passing each specified
sieve. Degradation of the aggregate due to processing (particularly -No. 200 [-75 ).lm]) should be
accounted for and IdentIfied for the applIcable SIeves.
6. The bulk specific gravity value for each individual aggregate (and RAP)
component, as identified in the FDOT aggregate control program.
7. A single percentage of asphalt binder by weight of total mix intended to be
incorporated in the completed mixture, shown to the nearest 0.1 %.
8. A target temperature at which the mixture is to be discharged from the plant and a
target roadway temperature (per 330-6.3). Do not exceed a target temperature of 3400F for modified
asphalts and 3150F for unmodified asphalts.
9. Evidence that the completed mixture conforms to all specified physical
requirements.
10. The name ofthe Mix Designer.
11. The ignition oven calibration factor(s).
334-3.3 Revision of Mix Design: During production, the Contractor may request a target
value revision to a mix design, subject to: (1) the target change falls within the limits defined in
Table 334-12, (2) appropriate data exists demonstrating that the mix complies with production air
voids specification criteria, and (3) the mixture gradation meets the basic gradation requirements
defined in 334-2.2 and 334-2.3.
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Table 334-12
Limits for Potential Adjustments to Mix Design Target Values
Characteristic Limit from Original Mix Design
. No.8 sieve and Coarser :I: 5.0%
No. 16 sieve :I: 4.0%
No. 30 sieve :I: 4.0%
No. 50 sieve :I: 3.0%
No, 100 sieve :t 3.0%
No. 200 sieve :t 1.0%
Asphalt Binder Content (1) :t 0.3%
(1) Reductions to the asphalt binder content will not be permitted if the VMA during production is lower
than 1.0% below the design criteria.
Submit all requests for revisions to mix designs, along with supporting documentation, to the
Engineer. In order to expedite the revision process, the request for revision or discussions on the
possibility of a revision may be made verbally, but must be followed up by a written request. The
initial mix design will remain in effect until a change is authorized by the Engineer. In no case may
the effective date of the revision be established earlier than the date of the first communication
between the Contractor and the Engineer regarding the revision.
A new design mix will be required for any substitution of an aggregate product with a
different aggregate code, unless approved by the Engineer.
334-4.4 Contractor's Process Control:
334-4.4.1 Personnel: Provide the necessary quality control personnel to comply with
the requirements of the Contract.
334-4.4.2 Initial Production Test Strip: For initial use of a Type SP mix design at a
particular plant, limit full-scale production and placement ofthe mix to a test strip of 500 tons (for
each mix) to demonstrate the capability of producing, placing, and compacting the mix as specified,
unless waived by the Engineer. Upon agreement between the Contractor and the Engineer, test
strips of up to 1,000 tons may be used. Initial production requirements do not apply if the total
quantity of mix to be placed is less than 2000 tons.
334-4.4.2.1 Calibration of the Superpave Gyratory Compactor: Calibrate the
Superpave Gyratory Compactor in accordance with the manufacturer's recommendations prior to
producing the Superpave mixture for the test strip. Check the height calibration, the. speed of
rotation, ram pressure and angle of gyration. (Following completion of the test strip, calibrate the
height daily, the ram pressure and speed of rotation weekly, and the angle of gyration monthly.)
334-4.4.2.2 Plant Testing Requirements: During the initial production period, take
a minimum of three separate sets of mixture samples which will be used for extraction gradation
analysis and determination of volumetric properties. Provide a split sample of one of the samples
for comparison testing with the Engineer if determined necessary by the Engineer.
334-4.4.2.3 Roadway Testing Requirements: For density determination, obtain 6
inch diameter roadway cores at random locations as directed by the Engineer within the test strip, at
a frequency shoWn in Table 334-16.
334-4.4.2.4 Criteria for Passing Test Strip: Resume production when authorized
by the Engineer based upon acceptable extraction gradation analysis as determined in accordance
with 334-4.4.3, acceptable volumetric properties as determined in accordance with 334-4.4.4,
acceptable density in accordance with 334-5.4.2, and a favorable comparison with the Engineer's
/1
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test results (Gmb at Ndesign (within 1 %) and Gm~. (within 0.019) only). In the event that the test strip
fails to meet any of the above mentioned criteria, remove and replace the material at no cost to the
Department if so directed by the Engineer.
334-4.4.3 Extraction Gradation Analysis: Sample the asphalt mixture at the plant in
accordance with FM looT 168. The percent asphalt binder content of the mixture will be determined
in accordance with FM 5-563 (ignition oven). The gradation of the extracted mixture will be
determined in accordance with FM 1-T 030. All test results will be shown to the nearest 0.01. All
calculations will be carried to the nearest 0.001 and rounded to the nearest 0.01, in accordance with
the Department's rules of rounding.
Run an extraction gradation analysis on the mixture at a minimum frequency of once
per production day when the daily production is less than 1,000 tons. If the daily production
exceeds 1,000 tons, perform the extraction gradation analysis of the mix a minimum of two times
per production day.
During normal production, the Engineer will not require extraction gradation
analysis on days when mix production is less than 100 tons. However, when mix production is less
than 100 tons per day on successive days, run the test when the accumulative tonnage on such days
exceeds 100 tons.
The target gradation and asphalt content will be as shown on the mix design. Any
changes in target will require a change in the mix design in accordance with 334-4.3.
If the percentage of asphalt binder deviates from the optimum asphalt binder content
by more than 0.55%, or the -percentage passing any sieve falls outside the limits in Table 334-13,
immediately resample the mix and test to validate the previous test result, and if needed, make the
necessary correction. If the results for two consecutive tests deviate from the optimum asphalt
binder content by more than 0.55%, or exceed the limits in Table 334-13 for any sieve, notify the
Engineer and take immediate steps to identify and correct the problem, then resample the mix. If the
results from this test deviate from the optimum asphalt binder content by more than 0.55%, or
exceed the limits in Table 334-13 for any sieve, stop plant operations until the problem has been
corrected.
Table 334-13
Tolerances for Quality Control Tests
(Extraction Gradation Analysis)
Size Percent Passing
1 inch 7.0
3/4 inch 7.0
1/2 inch 7.0
3/8 inch 7.0
No.4 7.0
No.8 5.5
No. 16 5.0
No. 30 4.5
No. 50 4.5
No. 100 3.0
No. 200 2.0
j1
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MaintIDn control charts showing the results of the extraction gradation analysis (asphalt binder
. content and sieve analysis).
334-4.4.4 Volumetric Control: During production of the mix, monitor the volumetric
properties of the Superpave mix with a Superpave Gyratory Compactor to determine the air voids,
VMA, VF A, and dust-to-effective asphalt binder ratio (dust proportion) at N design.
Take appropriate corrective actions in order to maintain an air void content at Ndesign
between 3.0 and 5.0% during production. When the air void content at N design drops below 2.5 or
exceeds 5.5%, stop plant operations until the appropriate corrective actions are made and the
problem is resolved to the satisfaction of the Engineer. Evaluate any failing material in accordance
with 334-6.
Determine the volumetric properties of the mixture at a minimum frequency of once
per production day when the daily production is less than 1,000 tons. If the daily production
exceeds 1,000 tons, monitor the volumetric properties two times per production day.
During normal production, volumetric properties of the mixture will not be required
on days when mix production is less than 100 tons. However, when mix production is less-than 100
tons per day on successive days, run the test when the accumulative tonnage on such days exceeds
100 tons.
Testing required for volumetric property determination includes AASHTO TP-4, FM
1-T 209, FM 5-563 and FM 1-T 030. Prior to testing samples in accordance with AASHTO TP-4
and FM 1-T 209, condition the test-sized sample for one hour at the compaction temperature in a
covered container.
Maintain control charts showing the results of the volumetric testing (air voids, Gmm,
Gmb).
334-4.4.5 Plant Calibration: At or before the start of mix production, perform an
extraction gradation analysis of the mix to verify calibration of the plant. This extraction gradation
analysis may also be used for the first test of the first day's production.
334.;.4.4.6 Viscosity of Asphalt Binder in Mixes Containing Reclaimed Asphalt
Pavement: When RAP is a component material, assure that the viscosity of the asphalt binder
material in the asphalt mixture, when determined in accordance with FM 1- T 202, will be within the
range of 4,000 - 12,000 poises. This determination will be made on samples obtained by the
Engineer on a random basis at a frequency of approximately one per 2,000 tons of mix. .
If the viscosity determined by the Engineer is out of the specified range, adjust the
binder formulation or blend or RAP in the mix to bring the viscosity within tolerance.
334-4.4.7 Process Control of In-Place Compaction: Develop and implement a
method to control the compaction of the pavement and ensure its compliance with the minimum
specified density requirements. Include density determinations by the use of a nuclear density gauge
at a frequency of one test per 1,000 feet of compacted pavement in the process control. Other
density measuring devices may be used in lieu of the nuclear density gauge, provided that it is
demonstrated to the satisfaction of the Engineer that the device can accurately measure the relative
level of density in the pavement on a consistent basis.
334-5 Acceptance of the Mixture.
334-5.1 General: The asphalt mixture will be accepted based on one of the following
methods as deterITlined by the Engineer and/or Contract Documents:
1) Certification by the Contractor
2) Certification and Process Control Testing by the Contractor
3) Acceptance testing by the Engineer
4) Other methodes) as determined by the Contract
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334-5.2 Certification by the Contractor: Submit a Notarized Certification of Specification
Compliance letter on company letterhead to the Engineer that all material produced and placed on
the project was in substantial compliance with the Specifications.
334-5.3 Certification and Process Control Testing by the Contractor: Submit a
Notarized Certification of Specification Compliance letter on company letterhead to the Engineer
that all material produced and placed on the project was in substantial compliance with the
Specifications, along with supporting test data documenting all process control testing as deseribed
in 334-4.4. If so required by the Contract, utilize an Independent Laboratory as approved by the
Engineer for the Process Control testing.
334-5.4 Acceptance Testing by the Engineer:
334~5.4.1 . Acceptance at the Plant: The asphalt mixture will be accepted at the
plant, with respect to gradation and asphalt binder content, on a LOT to LOT basis. However, any
load or loads of mixture which, in the opinion of the Engineer, are unacceptable for reasons of
excessive segregation, aggregates improperly coated, or of excessively high or low temperature will
be rejected for use in the work.
A standard size LOT at the asphalt plant will consist of 4,000 tons with four equal sublots of
1,000 tons each.
A partial LOT may occur due to the following:
(1) the completion of a given mix type on a project.
(2) an approved LOT termination by the Engineer due to a change in process,
extended delay in production (greater than 60 days), or change in mix design.
If the partial LOT contains one or two sub lots with their appropriate test
results, then the previous full-size LOT will be redefined to include this partial LOT and the
evaluation of the LOT will be based on either five or six sublot determinations. If the partial LOT
contains three sublots with their appropriate test results, this partial LOT will be redefined to be a
whole LOT and the evaluation of it will be based on three sublot determinations.
When the total quantity of any mix is less than 3,000 tons, the partial LOT will be
evaluated for the appropriate number of sublots from n=l to n=3. When the total quantity of any
mix type is less than 500 tons, the Engineer will accept the mix on the basis of visual inspection.
The Engineer may run extraction and gradation analysis for verification purposes; however, the
provisions for partial payment will not apply.
On multiple project contracts, the LOT(s) at the asphalt plant will carryover from
project to project.
334-5.4.1.1 Acceptance Procedures: Control all operations in the handling,
preparation, and production of the asphalt mix so that the percent asphalt binder content and the
percents passing the No.8 and No. 200 sieves will meet the targets from the mix design within the
tolerances shown in Table 334-14.
Table 334-14
Tolerances for Acceptance Tests
Characteristic Tolerance*
Asphalt Binder Content ::1:0.55%
Passing No.8 Sieve ::1:5.50%
Passing No. 200 Sieve ::1:2.00%
*Tolerances for sample size ofn=1. See Table 334-15 for other sample sizes n=2 through n=6.
ell
M44
Acceptance of the mixture will be on the basis of test results on consecutive random
samples from ea~h LOT. The Engineer will take one random sample from each sublot. The asphalt
mixture will be sampled at the plant in accordance with FM 1-T 168. The percent asphalt binder
content of the mixture will be determined in accordance with FM 5-563. The percentages passing
the No.8 and No. 200 sieves will be determined in accordance with FM 1-T 030.
Calculations for the acceptance test results for asphalt binder content and gradation
(percentages passing the No.8 and No. 200 sieves) will be shown to the nearest 0.01. Calculations
for arithmetic averages will be carried to the 0.001 and rounded to the nearest 0.01 in accordance
with the Department's rules of rounding.
Payment will be made on the basis of Table 334-15 "Acceptance Schedule of
Payment". The process will be considered out of control when the deviation of any individual test
result from the mix design falls in the 80% pay factor forthe "I Test" column of Table 334-15.
When this happens, the LOT will be automatically terminated and acceptance of the LOT
determined in accordance with Table 334-15.
Table 334-15
Acceptance Schedule of Payment
(Asphalt Plant Mix Characteristics)
Average of Accumulated Deviations of the Acceptance Tests from the Mix Design
Pay 1- Test 2- Tests 3.- Tests 4- Tests 5- Tests 6- Tests
Factor
Asphalt Binder Content
1.00 0.00-0.55 0.00-0.43 0.00-0.38 0.00-0.35 0.00-0.33 0.00-0.31
0.95 0.56-0.65 0.44-0.50 0.39-0.44 0.36-0.40 0.34-0.37 0.32-0.36
0.90 0.66-0.75 0.51-0.57 0.45-0.50 0.41-0.45 0.38-0.42 0.36-0.39
0.80* over 0.75 over 0.57 over 0.50 over 0.45 over 0.42 over 0.39
No.8 Sieve **
1.00 0.00-5.50 0.00-4.33 0.00-3.81 0.00-3.50 0.00-3.29 0.00-3.13
0.98 5.51-6.50 4.34-5.04 3.82-4.39 3.51-4.00 3.30-3.74 3.14-3.54
0.95 6.51-7.50 5.05-5.74 4.40-4.96 4.01-4.50 3.75-4.18 3.55-3.95
0.90 7.51-8.50 5.75-6.45 4.97-5.54 4.51-5.00 4.19-4.63 3.96-4.36
0.80* over 8.50 over 6.45 over 5.54 over 5.00 over 4.63 over 4.36
No. 200 Sieve **
1.00 0.00-2.00 0.00-1.71 0.00-1.58 0.00-1.50 0.00-1.45 0.00-1.41
0.95 2.01-2.40 1.72-1.99 1.59-1.81 1.51-1.70 1.46-1.63 1.42-1.57
0.90 2.41-2.80 2.00-2.27 1.82-2.04 1.71-1.90 1.64-1.80 1.58-1.73
0.80* over 2.80 over 2.27 over 2.04 over 1.90 over 1.80 over 1.73
*If approved by the Engineer based on an engineering determination that the material is acceptable to remain
in place, the indicated partial pay may be accepted. Otherwise, the Engineer will require removal anc
replacement at no cost. The Contractor may remove and replace at no cost to the Department at any time.
**When there are two reduced payments for these items in one LOT of material, only the greatest reductior
in payment will be applied. CAUTION: This rule applies only to these two gradation test results.
1N0te: Deviations are absolute values with no plus or minus signs.
When possible, the Engineer will complete all acceptance tests on the same day the
sample was taken, and on no occasion will they be completed later than the following work day.
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334-5.4.1.2 Automatic Batch Plant With Printout: Acceptance determinations for asphalt
binder content' and gradation for mixtures produced by automatic batch plants with printout will be
based on extraction results as specified in 334-5.4.1.1.
334-5.4.2 Acceptance on the Roadway:
334-5.4.2.1 Density Control: The in-place density of each course of asphalt mix
construction will be evaluated by the use of 6 inch diameter roadway cores. The. required average
density of a completed course will be based on the maximum specific gravity (Gmm) of the as-
produced mix.
The Engineer will not perform density testing on patching courses, leveling courses,
open-graded friction courses, or any course with a specified thickness less than I inch or a specified
spread rate less than 105 Ib/yd2. In addition, density testing will not be performed on the following
areas when they are less than 1,000 feet in length: crossovers, intersections, turning. lanes,
acceleration lanes or deceleration lanes. Compact these courses (with the exception of open-graded
friction courses) in accordance with the rolling procedure as approved by the Engineer.
334-5.4.2.1.1 LOTs: For the purpose of acceptance and determination of payment, .
each day's production will be divided into LOTs, and all LOTs are to be closed out at the end of the
day. The standard size of a LOT will consist of 5,000 feet of any pass made by the paving train
regardless of the width of the pass. Changes in thickness, mix design, or underlying layer shall
constitute a separate LOT. Mix placed on the shoulder shall also be considered a separate LOT.
Pavers traveling in echelon will be considered as two separate passes. When at the end of a day's
production (production day) or the completion of a given course, layer, or mix, or at the completion
of the project, a LOT size is determined to be less than 5,000 feet, it is considered a partial LOT.
Partial LOTs are to be handled as follows:
If the length of the partial LOT is 2,000 feet or less, then the previous full-size LOT
will be redefined to include this partial LOT and the number of tests required for the combined LOT
will be as shown in Table 334-16. If the partial LOT is 2,000 feet or less, and a previous full-size
LOT from the same day, mix, layer and project is not available, then the partial LOT will be
evaluated separately and the number oftests required for the partial LOT will be as shown in Table
334-16. If the partial LOT is greater than 2,000 feet long, it will be evaluated separately, with the
number oftests required as shown in Table 334-16.
Table 334-16
Density Testing Requirements for Partial LOTs
(feet) Number of Tests
Less than 3,000
3,001 - 4,000 .
4,001 - 5,000
5,001 - 6,000
6,001 - 7,000
Greater than 7,000
3
4
5
6
7
2 LOTs
334-5.4.2.1.2 Target Maximum Specific Gravity: The target maximum specific
gravity of the mix will be based on the average daily value as determined by the Contractor's
Process Control testing described in 334-4.4. Obtain two separate samples for maximum specific
gravity determination on a daily basis. If only one maximum specific gravity test value is available,
this value shall be used as the target maximum specific gravity. If a maximum specific gravity value
is not detennined for a day's production, the previous day's value will be used. Obtain, under the~
M46
Engineer's supervision, split samples of the asphalt mixture used for the maximum specific gravity
. test for verification purposes. The minimum size of the split sample will be 4,000 g. The split
samples shall be conditioned in accordance with 334-4.4.4 prior to testing and will become the
property of the Department. The split samples will become the property of the Department. In the
event of an obvious sampling or testing error, the Engineer may allow the Contractor to retest a
portion of the split sample. The Engineer will run verification tests on the split samples in order to
determine the acceptability of the Contractor's test results. If the verification test result differs from
the Quality Control test result by more than 0.019 for two consecutive tests, the target Gmm value
will be established by the Department's result until the cause of the discrepancy is identified and
resolved to the satisfaction of the Engineer.
334-5.4.2.1.3 Acceptance: The completed pavement will be accepted with respect to
density on a LOT basis. For each LOT, 6 inch diameter roadway cores will be obtained at random
locations within the LOT, at the frequency shown in Table 334-16. Obtain the roadway cores at the
random locations as directed by the Engineer, at the end of each day's production prior to opening
the roadway to traffic. The locations of the cores will be determined in the longitudinal direction by
the use of statistically derived stratified random number tables furnished by the Department. The
locations of the cores transversely will be uniformly spaced across the width of the pavement, with
no cores located closer than 1 foot of any unsupported edge. These will also be used for partial
LOTs. Assume responsibility for maintenance of traffic, coring, patching the core holes, and
trimming the cores to the proper thickness prior to density testing.
The density of the cores will be determined in accordance with FM 1- T 166, and will
be averaged for each LOT. To receive full payment for density, the average density of a LOT shall
be a minimum of 92% of Gmm. Partial payment will be made for those LOTs that have an average
density less than 92% of Gmm based on Table 334-17 (for pavements with an unrestricted
compactive effort). As an exception, if the Engineer (or Contract Documents) limits compaction to
the static mode, the percent of payment will be based on the Restricted Compactive Effort schedule
defined in Table 334-17.
Once the average density of a LOT has been determined, do not provide additional
compaction to raise the average.
Table 334-17
Payment Schedule For Density
Unrestricted Compactive Efforts Restricted Compactive Efforts
(Vibratory and/or Static) (Static Only)
Percent of Maximum Percent of Maximum
Specific GravityIPercent of Payment Specific GravityPercent of Payment
(Gmm) (Gmm)
92.0 and above 100
91.0 to less than 92.0
90.0 to less than 91.0
Less than 90.0 *
95
90
o Remove
Replace
91.0 and above
90.5 to less than 91.0
90.0 to less than 91.5
and Less than 90.0 *
100
*The Department will require removal and replacement at no cost. The Contractor may remove and replace
at no cost to the Department at any time.
95
90
o Remove
tReplace
and
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334-5.4.2.1.4 Additional Density Requirement:
1) On shoulders with a width of 5 feet or less, the Engineer will not require density.
Compact the pavement in accordance with the rolling procedure (equipment and pattern) approved
by the Engineer. Stop the production of the mix if the rolling procedure deviates from the approved
procedure.
334-5.4.2.2 Surface Tolerance: The asphalt mixture will be accepted on the roadway with
respect to surface tolerance in accordance With the applicable requirements of330-12.
334-5.5 Additional Tests: The Department reserves the right to run any test at any time for
informational purposes and for determining the effectiveness of the Contractor's quality control.
334-505.1 Verification of Volumetric Properties: The Engineer will verify the
densification properties of the mix during production with the Superpave Gyratory Compactor and
will determine volumetric properties of the mix (air voids, VMA, VF A, and dust-to-effective
asphalt binder ratio). The Engineer will condition the specimens as specified in 334-4.4.4 prior to
testing.
Take appropriate corrective actions to maintain an air void content at Ndesign between 3.0 and
5.0% during production. When the air void content at Ndesign drops below 2.5 or exceeds 5.5%, stop
plant operations until the appropriate corrective actions are made and the problem is resolved.
Evaluate any failing material in accordance with 334-6.
When plant operations are stopped for mixes that have failing volumetric properties, obtain
the Engineer's approval prior to resuming production of the mix. Limit production to 500 tons until
passing volumetric properties are obtained.
334-6 Disposition of Failing Material.
Any material that is represented by failing test results identified in 334-4.4.4 or 334-5.5.1
(less than 2.5% air voids at Ndesign) will be evaluated to determine if removal and replacement is
necessary. Remove and replace any material, if required, at no cost to the Department. The
evaluation will be conducted by the Engineer. If so directed, obtain an engineering analysis, as
directed by the Engineer, by an independent laboratory (as approved by the Engineer) to determine
if the material can (a) remain in place, for this case the appropriate pay factor will be applied, or (b)
be removed and replaced at no cost to the Department. The analysis will be a signed and sealed
report by a Professional Engineer licensed in the State of Florida.
334-7 Method of Measurement.
For the work specified under this Section (including the pertinent provisions of Sections 320
and 330), the quantity to be paid for will be the weight of the mixture, in tons.
The bid price for the asphalt mix will include the cost of the liquid asphalt or the asphalt
recycling agent. There will be no separate payment or unit price adjustment for the asphalt binder
. material in the asphalt mix. For the calculation of unit price adjustments of bituminous material, the
asphalt content will be based on the percentage specified in 9-2.1.2. The weight will be determined
as provided in 320-2 (including the provisions for the automatic recordation system).
334-8 Basis of Payment:
Price and payment will be full compensation for all the work specified under this Section
(including the applicable requirements of Sections 320 and 330).
Payment shall be made under:
Item No. 334- 1- Superpave Asphaltic Concrete - per ton.
);,
M48
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC-CA-N-1
A
-III
. ~~\ \ ~
OFFiCE OF 'THE \0 ~ 0
OOUNTY ATTO~NEY
DATE RECEIVED: 'l.
mOCT29 I'M~' 30. ~ (ro
~~
e
ITEMNO.:Qf...Vg.e: 010/0'
FILE NO.:
ROUTED TO:
Date:
To:
~rom:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
October 22, 2008
----------
Robert Zachary
Assistant County Attorney
~
~?p/cf; ~
cJ<'8'00cJ-- .L--
~~ · oJ'>' J
~ ~{~ I
Re: Contract #08-5106 Santa Barbara Boulevard Extension (Rattlesnake
Hammock Road to Davis Boulevard)
Contractor: Astaldi Construction Corporation
Brenda Brilhart
Purchasing Agent
239-252-8446
BACKGROUND OF REQUEST:
This contract was approved by the BCC on September 23; Agenda Item 10.!
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
MEMORANDUM
RECEIVED
OCT 2 2 2008
TO:
~ FROM:
Jeff Walker/Ray Carter
Risk Management Department
RISK MANAGEMENT
Brenda Brilhart, Purchasing Agent
Purchasing Department
DATE: October 22, 2008
RE: Review of Insurance for Contract No. 08-5106 Santa
Barbara Boulevard Extension (Rattlesnake Hammock
Road to Davis Boulevard)
Astaldi Construction Corporation, Contractor
This Contract was approved by the BCC on September 23, 2008;
Agenda Item 10.1.
Please review the Bonds and Insurance Certificate in this Agreement
for the above-referenced contract. If everything is acceptable, please
forward to the County Attorney for further review and approval. Also
will you advise me when it has been forwarded. Thank you. If you
have any questions, please contact me at extension 8446.
11Y1ii/
+Io(~q/[Jf;
cc: Kevin Dugan: TECM
~
.. ..,';
Entity Name:
CHECKLIST FOR REVIEWING CONTRACTS
;11-$ I""PJ L-J> I OtJ lUST t2 V (! T1 OP (!cY/C. P,
Entity name correct on contract?
Entity registered with FL Sec. of State?
----L.. Yes
-i-LYes
No
No
Insurance
Insurance Certificate attached?
Insured registered in Florida?
Contract # &/or Project referenced on Certificate?
Certificate Holder name correct (BCC)?
Commercial General Liability
General Aggregate Required $
Products/CompI/Op Required $
Personal & Advert Required $
Each Occurrence Required $
FirelProp Damage Required $
Automobile Liability
Bodily Inj & Prop Required $ Provided $ !, O()"/f}()(J Exp Date ll( fO'lS
Workers Compensation
Each accident Required $ Provided $ I; ctJt7J)t'O Exp Date U ('3 !pp,
Disease Aggregate Required $ Provided $ t) PPclotJtJ Exp Date ~
Disease Each Empl Required $ Provided $ l) poq foe> Exp Date ----+--
Umbrella Liability
Each Occurrence Provided $ ~ /J'JO)/hJ Exp Date U/3(b!5
Aggregate Provided $ I 5 ~ (JOG Exp Date I , ,
Does Umbrella sufficiently cover any underinsured portion~ I ~ Y es
Professional Liability
Each Occurrence Required $
Per Aggregate Required $
Other Insurance
Each Occur Type: Required $
County required to be named as additional insured?
County named as additional insured?
~Yes
~Yes
~Yes
V Yes
No
No
No
No
Provided $ 4) otP(),8tJ tJ
Provided $ 4) ooP.oo 0
Prov~ded $ Z2IJd~;"O
PrOVIded $ , 1 (}tit::', 6Of)
Provided $ It, ct't?/<<'o
Exp. Date l{o?(&'g
Exp. Date $"
Exp. Date
Exp. Date
Exp. Date
No
Provided $
Provided $
Exp. Date
Exp. Date
Provided $
Yes
Yes
Exp Date ~
No
No
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
v/ Yes
Yes
No
~No
Performance Bond
Bond requirement referenced in contract?
If attached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
Yes
No
../ Yes
v/ Yes
No
No
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
v' Yes
~Yes
~ Yes
V""'" Yes
No
No
No
No
~\~
\
~Yes
~Yes
~Yes
No
No
No
Attachments
Are all required attachments included?
/'Yes
No '\
R' I"I;~
eVlewer mtJa s:
Date: itl/~r #8
04-COA-6ro3 /222
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Florida Profit Corporation
ASTALDI CONSTRUCTION CORPORATION
Filing Information
Document Number L 15752
FEI Number 650143860
Date Filed 09/14/1989
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 09/21/2004
Event Effective Date NONE
Principal Address
8220 STATE RD. 84
SUITE 300
DAVIE FL 33324 US
Changed 03/27/2002
Mailing Address
8220 STATE RD. 84
SU ITE 300
DAVIE FL 33324 US
Changed 03/27/2002
Registered Agent Name & Address
L1BANOFF, IRA L
150 S PINE ISLAND ROAD
SUITE 400
FT. LAUDERDALE FL 33324 US
Name Changed: 01/25/1995
Address Changed: 02/14/1997
Officer/Director Detail
Name & Address
Title CP
ASTALDI, PAOLO
8220 STATE ROAD 84, STE 300
DAVIE FL 33324
Title S
http://ccfcorp.dos.state.fl.us/scripts/cordet.exe?action=DETFIL&inCL doc _ number=L15752&inq... 10/3012008
.. '" ww~.sunbiz.org - Department of State
BOZZELLI, ANDREA CFO
8220 STATE ROAD 84, STE 300
DAVIE FL 33324
Title V
LANCIANI, MARIO CEO
8220 STATE ROAD 84, STE 300
DAVIE FL 33324
Annual Reports
Report Year Filed Date
2006 01/20/2006
2007 04/04/2007
2008 04/21/2008
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04/21/2008 -- ANNUAL REPORT [
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01/20/2006 -- ANNUAL REPORT [
02/04/2005 -- ANNUAL REPORT [
09/21/2004 -- Amendment [
04/05/2004 -- ANNUAL REPORT [
04/22/2003 -- ANNUAL REPORT [
03/27/2002 -- ANNUAL REPORT [
07/27/2001 -- Amendment [
04130/20Q1 -- ANNUAL REPORT [
04/06/2000 -- ANNUAL REPORT [
04/20/1999 -- ANNUAL REPORT [
04/20/1998 -- ANNUAL REPORT [
02/14/1997 -- ANNUAL REPORT [
01/19/1996 -- ANNUAL REPORT [
Q1t25/1995 -- ANNUAL REPORT [
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