HomeMy WebLinkAboutBid #2018-03 Bid Documents
BID DOCUMENTS AND
SPECIFICATIONS FOR
WASTE WATER TREATMENT SITE
SHORELINE PROTECTION
BID #2018-03
February 2018
Prepared For:
City of Cape Canaveral
Public Works Services Department
Prepared By:
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
TABLE OF CONTENTS
Section No. Title
DIVISION 0 BIDDING DOCUMENTS
00 03 00 ADVERTISEMENT FOR BID
00 10 00 INSTRUCTIONS TO BIDDERS
00 30 00 BID
00 48 00 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
00 50 00 CONTRACT
00 61 00 PUBLIC CONSTRUCTION PERFORMANCE BOND
00 62 00 PUBLIC CONSTRUCTION PAYMENT BOND
00 65 00 CERTIFICATE OF INSURANCE
00 67 00 LETTER OF TRENCH SAFETY COMPLIANCE
00 70 00 GENERAL CONDITIONS
DIVISION 1 GENERAL REQUIREMENTS
01 01 00 SUMMARY OF WORK
01 02 70 APPLICATIONS FOR PAYMENT
01 04 00 PROJECT COORDINATION
01 09 00 DEFINITIONS AND STANDARDS
01 20 00 PROJECT MEETINGS
01 30 00 SUBMITTALS
01 40 00 QUALITY CONTROL SERVICES
01 50 00 TEMPORARY FACILITIES
01 63 10 PRODUCT SUBSTITUTIONS
01 70 00 PROJECT CLOSEOUT
01 74 00 WARRANTIES AND BONDS
DIVISION 2 SITE WORK
02 50 00 EROSION CONTROL
02 82 10 CHAIN LINK FENCES & GATES
02 90 00 SODDING
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
DIVISION 0
SECTIONS 00 03 00 00 80 00
CONTRACTUAL DOCUMENTS, GENERAL CONDITIONS, AND SPECIAL CONDITIONS
SECTION 00 03 00
ADVERTISEMENT FOR BIDS FOR CAPE CANAVERAL
WASTE WATER TREATMENT SITE SHORELINE PROTECTION
NOTICE IS HEREBY GIVEN: That sealed bids will be received by the City Clerk, City of Cape
Canaveral, at City Hall, 100 Polk Avenue, Cape Canaveral, Florida 32920 until 2:00 P.M. on
Thursday, March 8, 2018. Any bids received after the above time will not be accepted under any
circumstances. Any uncertainty regarding the time a bid is received will be resolved against the
Bidder.
Bid opening will be promptly at 2:15 P.M. on Thursday, March 8, 2018 in the City Hall
Conference Room, 100 Polk Avenue, Cape Canaveral, Florida, at which time all bids received
will be publicly opened and read aloud.
DESCRIPTION OF WORK: All work for the project shall be constructed in accordance with the
(1) Drawings and Specifications prepared by John A. Pekar. PE. The proposed improvements will
be awarded and constructed, if award is made, under one Construction Agreement. Bids shall be
submitted for furnishing, delivering and installing all materials, equipment and services including
labor for the following:
WASTE WATER TREATMENT SITE SHORELINE PROTECTION PLAN
BIDDING DOCUMENTS (PROJECT PLANS AND SPECIFICATIONS): May be obtained free of
Avenue, Cape Canaveral, FL 32920 during normal business hours of 8:30 AM until 5:00 PM
Monday through Friday, by telephone at (321) 868-1220 or via e-mail at
m.goforth@CityofCapeCanaveral.org or d.lefever@cityofcapecanaveral.org.
Addenda will be sent via e-mail or facsimile to all holders of Bidding Documents up to seventy-
two (72) hours before bid time. Brief addenda may be issued between seventy-two (72) hours
and twenty-four (24) hours before Bid time by e-mail or facsimile to all holders of Bidding
Documents. A request including the name, address, telephone number, and e-mail address of
the bidder shall be required to obtain a set of Bidding Documents. Anyone obtaining a complete
set of Bidding Documents must indicate whether they are a general contractor, subcontractor,
manufacturer or supplier.
PRE-BID MEETING: A pre-bid meeting will not be required for this Project. Prospective bidders
are encouraged to visit the project location prior to submitting a Bid.
BID BOND: A Bid Bond will not be required for this project.
PERFORMANCE AND PAYMENT BONDS: In the event the Contract is awarded to the Bidder,
he will thereafter enter into a written Construction Agreement with the Owner and furnish a
ADVERTISEMENT FOR BIDS
FOR CAPE CANAVERAL 00 03 00- 1
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
Payment and Performance Bond in an amount equal to the Contract Price, in strict accordance
with Section 255.05 of Florida Statutes. Payment and Performance Bond shall be secured from
or countersigned by an agency or surety company recognized in good standing and authorized
to do business in the State of Florida.
SPECIFIC CRITERIA: The Project will include the placement of sand and rip rap along the
approximately 1400 l.f. (+/-) in length and has been severely eroded over the past several years.
The Contractor performing these services shall have a strong background in providing a positive
working relationship with Cities having a Council/City Manager type government and a history of
completing similar-type projects.
Reviewing and ranking of the
consultant. There will not be a need for any presentation by firms. The final selection will be
presented to the City Council. The City reserves the right to withdraw this Request for Bid or any
portion at any time to protect its best interests.
Inquiries concerning this proposal should be directed to John A. Pekar, PE via e-mail at
johnpekarpe@gmail.com. The subject line of all inquiries shall WATER
BID SUBMITTAL: A single Bid shall be submitted for the Work. The contract will be awarded
pursuant to the requirements of applicable state and federal laws and regulations. Bids shall be
enclosed within a sealed envelope, in triplicate, on the form provided in the Project Manual,
Division 0: Bidding Documents, Section 00 30 00: Bid Form, with the words -03
WASTE
name, a
Bids must be received no later than the time set forth herein. The Owner will not be responsible
for any lost or late arriving bids sent via U.S. Postal Service or other delivery services. Mailed bids
shall be sent to the attention of the City Clerk, City of Cape Canaveral, 100 Polk Avenue, Cape
Canaveral, Florida 32920.
Documents shall have the meaning assigned to them by the Bidding Documents.
AWARD OF CONTRACT(S): If the Contract is to be awarded, it will be awarded as defined in the
-218 Procedure. The Owner reserves
the right to accept any or all additive or deductive alternatives at its sole discretion subsequent to
award of the Contract. The Owner reserves the right to waive technicalities or irregularities, to
reject any or all bids, and to accept that Bid which is in the best interest of the City, in the sole
and absolute discretion of the City.
END OF SECTION 00 03 00
ADVERTISEMENT FOR BIDS
FOR CAPE CANAVERAL 00 03 00- 2
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
SECTION 00 10 00
INSTRUCTIONS TO BIDDERS
1.01 DEFINITIONS
General: Whenever in the Contract Documents, the following terms (or pronouns in place of
them) are used, the intent and meaning of such terms shall be interpreted as follows:
A. Addendum: A written explanation, interpretation, change, correction, addition, deletion,
or modification, affecting the Contract Documents, including Drawings and Specifications
issued by the City of Cape Canaveral and distributed to prospective bidders prior to the
bid opening.
B. Affidavit: The instrument which is to be signed by the Contractor and submitted to the
Owner through the Engineer, upon completion of that job, showing that all bills have been
paid. It shall also mean such instrument that may be requested by the Owner incident to
partial payments.
C. Article: The prime subdivision of a section of these or any other referenced Specifications,
the Instructions to Bidders, the Special Conditions and the General Conditions.
D. Bid: The offer of the bidder for the work when made out and submitted on the prescribed
Bid Form, properly signed and guaranteed.
E. Bid Form: The official form on which the Owner requires formal bids to be prepared and
submitted.
F. Bidder: An individual, firm or corporation submitting a bid for the work contemplated;
acting directly or through a duly authorized representative.
G. Bid Security or Bid Bond: The security designated in the Bid to be furnished by the Bidder
as guaranty that he will enter into the Construction Agreement for the work if his bid is
accepted.
H. Calendar Day: Any day, including Saturdays, Sundays and holidays, and regardless of
the weather conditions.
I. Change Order: A written order to the Contractor signed by the Owner authorizing an
addition, deletion or revision in the work, or an adjustment in the Construction Agreement
price or the Contract time issued after execution of the Construction Agreement.
J. Contractor: The person whose Bid shall be accepted by the Owner and who shall
thereafter enter into a formal contract with the Owner to furnish the work as bid upon. The
Contractor has the obligation to deliver to the Owner the completed job in good and
workmanlike condition.
K. Contract Documents: The Contract Documents shall mean and include, but not limited to,
the following:
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City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
1) Contractual Documents and General Conditions.
2) Special Conditions.
3) Technical Specifications.
4) Attachments.
5) Drawings.
6) Instructions to Bidders.
7) Addenda, if any.
L. Drawings: The official approved drawings or plans or exact reproductions thereof which
show the location, character, dimensions and details of the work to be done and which are
to be considered as part of the Contract Documents, the same as though attached thereto.
M. Engineer: See "Owner's Engineer" below.
N. Equipment: The machinery and equipment, together with the necessary supplies for
upkeep and maintenance, and including the tools and apparatus necessary for the proper
construction and acceptable completion of the work.
O. Field Order: A written order issued by Engineer which orders minor changes in the Work
but which does not involve a change in the Contract Price or the Contract Time.
P. Force Account Work: Work performed in addition to that set forth in the original
Construction Agreement or in supplemental agreements or change orders, and which is
paid for on the basis of actual cost of materials and labor, plus a fixed percentage of such
costs.
Q. Materials: Any substance proposed to be used in connection with the construction of any
structure, facility or appurtenance, or of other work under the Construction Agreement.
R. Nominal Quantity: A contingent amount included in the Bid Form to establish a price
extension for a contingent item of unknown character and quantity generally relating to
subsoil conditions.
S. Notices:
1) Notice of Acceptance: The official letter from the Owner to the
successful bidder, notifying him that he has been awarded the
Contract.
2) Notice of Award: Same as Notice of Acceptance.
3) Notice to Proceed: The official letter from the Owner to the
Contractor instructing the Contractor to commence work and
identifying the date when the Contract time begins to run.
T. Owner: City of Cape Canaveral.
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City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
U. The Owner's Engineer: John A. Pekar, PE, 102 Columbia Drive, Suite 207, Cape
Canaveral, FL 32920. The Engineer is an agent for the Owner. Any instructions, advice,
or recommendations the Owner's Engineer may give the Contractor are given only in the
name of the Owner and by the Owner's authority and consent. The Owner's Engineer
shall not supplant the Contractor in his conduct, direction and supervision of the work,
unless specifically directed to do so by the Owner, in writing, under appropriate terms of
the Contract Documents. All orders and instructions of the Owner to the Contractor shall
be given through the Engineer. It is recognized that the contractor is wholly and solely
responsible for delivery to the Owner of the completed work in a good and workmanlike
condition.
V. Performance and Payment Bonds: The securities furnished by the Contractor and the
sureties as a guaranty that the Contractor will fulfill the terms of the Construction
Agreement in accordance with the Drawings, Specifications and other Contract
Documents.
W. Person: The word "person" shall mean and include any individual, partnership, society,
association, joint stock company, corporation, estate, receiver, trustee, assignee, referee,
or capacity, whether appointed by a court or otherwise, and any combination of individuals
or "persons".
X. Physical Conditions: Those drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the site (except Underground
Facilities) that have been utilized by Engineer in preparing the Contract Documents.
Y. Principal: When used in the Bid Bond, the word "Principal" means the same as the word
"Bidder". When used in the Performance and Payment bonds, the word "Principal" means
the same as the word "Contractor".
Z. Project Manual: The title of the bound documentary information prepared for a
construction project and includes bidding requirements, conditions of Construction
Agreement and product specifications.
AA. Pronouns: The masculine pronoun shall include the feminine and neuter and the singular
shall include the plural.
BB. Provided: As used in the Specifications or upon the Drawings, the word "provided" shall
be understood to mean "provided complete in place", that is, "furnished and installed".
Where the phrases "as shown", "as indicated", "as detailed" or words of similar import are
used, it shall be understood that references to the Drawings and/or Specifications
accompanying these documents are intended unless otherwise expressly stated.
CC. Scope of the Work: Includes the Work, as the term is herein defined, as well as the
responsibility for performing and complying with all incidental matters pertaining thereto,
as set out in the Contract Documents.
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City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
DD. Specifications: The Instructions to Bidders, General Conditions, Special Conditions,
Technical Specifications and such other documents as set forth in the Contract
Documents.
EE. Special Conditions: Specific clauses supplemental to the other Contract Documents
setting forth conditions varying from or additional to the other Contract Documents for a
specific project.
FF. State: State of Florida.
GG. Subcontractor: A person supplying labor, materials, supplies, equipment, services, and
other incidentals used directly or indirectly by the Contractor or Subcontractors. Such
person has contractual relations with the Contractor, but not with the Owner.
HH. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions
at or contiguous to the site that have been utilized by Engineer in preparing the Contract
Documents.
II. Superintendent: The Contractor's authorized executive representative, in responsible
charge of the work at all times.
JJ. Surety: The corporate body which is bound by the Performance and Payment Bonds with
and for the Contractor (who is primarily liable) and which engages to be responsible for
his acceptable performance of the work for which the Construction Agreement has been
made and for his prompt payment of all debts pertaining thereto.
KK. Work Order: A written authorization to the Contractor signed by the Owner, concerning
the performance of work and/or the furnishing of materials on a force account basis as
provided in the General Conditions.
LL. Work: Shall mean everything expressly or impliedly required to be furnished and/or done
by the Contractor by any one or more of the Contract Documents.
1.02 OBLIGATION OF BIDDER TO INFORM HIMSELF AS TO ALL CONDITIONS RELATING
TO PROJECT
A. Each bidder must become acquainted thoroughly as to the character and nature of the
work to be done. Each bidder furthermore must make a careful examination of the site of
the work and become informed fully as to the difficulties to be encountered in the
performance of the work, the facilities for delivering, storing and placing materials and
equipment, and other conditions relating to construction and labor.
B. A plea of ignorance of conditions that exist or may hereafter exist on the site of the work,
or difficulties that may be encountered in the execution of the work, as a result of failure
to make necessary investigations and examinations, will not be accepted as an excuse
for any failure or omission on the part of the successful bidder to fulfill in every detail all
the requirements of the Contract Documents and to complete the Work for the
consideration set forth therein, or as a basis for any claim whatsoever from the bidder.
Bidder specifically waives any such claim(s).
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City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
C. Insofar as possible, the successful bidder, in carrying out his work, must employ such
methods or means as will not cause interruption of or interference with the Work of the
Owner, the Construction Program Manager or any separate contractor.
D. Contractor may rely upon the general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not Contract Documents. Such
"technical data" is identified in previous sections of these Specifications. Except for such
reliance on such "technical data", Contractor may not rely upon or make any claim against
Owner, Engineer or any of Engineer's Consultants with respect to:
1) The completeness of such reports and drawings for Contractor's
purposes, including, but not limited to, any aspect of the means,
methods, techniques, sequences and procedures of construction to
be employed by Contractor and safety precautions and programs
incident thereto, or
2) Other data, interpretations, opinions and information contained in
such reports or shown or indicated in such drawings, or
3) Any Contractor interpretation of or conclusion drawn from any
"technical data" or any such data, interpretations, opinions or
information.
1.03 EXAMINATION OF CONTRACT DOCUMENTS
The Bidder shall examine carefully the Drawings and Specifications and other Contract
Documents, and inform himself thoroughly regarding any and all conditions and requirements,
including the construction schedule, that may in any manner affect the work to be performed under
the Contract. Ignorance on the part of the Contractor will in no way relieve him of the obligations
and responsibilities assumed under the Construction Agreement.
1.04 DISCREPANCIES
Should a Bidder find discrepancies or ambiguities in, or omissions from, the Drawings or
Specifications, or in doubt as to their meaning, the Bidder shall at once notify the Owner's
Engineer.
1.05 ADDENDA, CHANGES OR INTERPRETATIONS DURING BIDDING
No oral interpretations will be made to any Bidder as to the meaning of the Contract Documents.
Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for
opening of bids will be given consideration. All such changes or interpretations will be made in
writing in the form of an addendum and, if issued, will be mailed or sent by available means to all
known prospective bidders not later than five (5) days prior to the established bid opening date.
The Bidder may not and shall not rely on any oral change or interpretation. Each prospective
bidder shall acknowledge receipt of such addenda in the space provided therefore in the Bid form.
In case any bidder fails to acknowledge receipt of such addenda or addendum, his bid will
nevertheless be construed as though it had been received and acknowledged and the submission
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City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
of his bid will constitute acknowledgment of the receipts of same. All addenda are a part of the
Contract Documents and any bidder will be bound by such addenda, whether or not received by
him. It is the responsibility of each prospective bidder to verify that he has received all addenda
issued before bids are opened.
1.06 FAMILIARITY WITH LAWS
A. The Bidder is required to be familiar with and shall be responsible for complying with all
federal, state and local laws, ordinances, rules and regulations that in any manner affect
the work.
B. All bidders are hereby placed on notice that pursuant to the provisions of paragraph (2)(a)
of Section 287.133, Florida Statutes:
C. 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, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on leases
of real property to 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
Section 287.017, for CATEGORY TWO (currently $15,000) for a period of 36 months from
the date of being placed on the convicted vendor list.
1.07 PREPARATION AND SUBMISSION OF BIDS
A. Signature of the Bidder: The Bidder must sign the Bid forms in the space provided for the
signature. If the Bidder is an individual, the words "doing business as "________" or "Sole
Owner" must appear beneath such signature. In the case of a partnership, the signature
of at least one of the partners must follow the firm name, and the words "Member of the
Firm" should be written beneath such signature. If the Bidder is a corporation, the title of
the officer signing the Bid in behalf of the corporation must be stated and evidence of his
authority to sign the Bid must be submitted. The Bidder shall state in the Bid the name
and address of each person interested in the Bid or in the Company.
B. Basis for Bidding: The price bid for each item shall be on a lump sum basis according to
the form of the Bid. The bid prices shall remain unchanged for the duration of the
Construction Agreement and no claims for cost escalation during the progress of the work
will be considered.
C. Price Bid: The total price bid for the work shall be the sum of the lump sum prices bid
and/or unit prices multiplied by the appropriate estimated quantities for the individual items
and shall be stated in figures in the appropriate place on the Bid Form. In the event that
there is a discrepancy on the Bid Form due to unit price extensions or additions, the
corrected extensions and additions shall be used to determine the project bid amount.
D. Submission of Bids:
1) Each bid must be submitted in triplicate on the Bid Form as
furnished, and must be signed by an authorized representative of
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City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
the company placing the bid. Three (3) complete sets of bids must
written and marked in ink.
2) The above bid must be submitted in a sealed envelope which shall
be marked so as to clearly indicate its contents and the name of the
Bidder. If forwarded by mail, the above mentioned envelope shall
be enclosed in another envelope addressed to the City of Cape
Canaveral, 105 Polk Avenue, Cape Canaveral, Florida 32920 and
preferably by special delivery, registered mail; if forwarded
otherwise than by mail, it shall be delivered to the same address as
listed above. Bids will be received until the date and hour stated in
the Advertisement for Bids.
3) The Bidder must submit with his bid an accompanying letter in
which he shall list the names and addresses of his major
subcontractors together with the services they will supply. These
subcontractors will be subject to review as to their competency by
the Owner prior to award of Contract and shall be one of the
considerations in determining the lowest qualified responsible
Bidder as defined hereinafter. Lowest qualified responsible bidder
is not synonymous with the low dollar bidder. After award of
Contract, no change in subcontractors shall be made unless
approved by the Owner after a request for such a change has been
submitted in writing by the Contractor which shall include the
reasons for such request.
4) The Bidder shall submit with his Bid evidence of his experience and
financial status. The evidence shall include a list of projects similar
in character, size and value which he has satisfactorily completed
and which are now in satisfactory operation and showing the
location, the Owner's name and address, the money value of the
work and a brief description of each project.
1.08 DISQUALIFICATION OF BIDDERS
A. One Bid: Only one Bid from an individual firm, partnership or corporation under the same
or under different names will be considered. If it is determined that a Bidder is a party to
more than one Bid for the work involved, all Bids in which such a Bidder has an interest
will be rejected.
B. Collusion Among Bidders: If it is believed that collusion exists among the Bidders, the
Bids of all participants in such collusion will be rejected, and no participants in such
collusion will be considered in future bids for the same work.
1.09 BID SECURITY
A Bid Bond is not required for this Project.
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City of Cape Canaveral
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1.10 POWER OF ATTORNEY
Attorneys-in-Fact who sign for Contract Bonds, must file with such bonds a certified copy of their
Power of Attorney to sign said Bonds.
1.11 LIQUIDATED DAMAGES
Failure to execute a Construction Agreement and file acceptable bonds as provided herein within
ten (10) days after a written Notice of Award has been given shall be just cause for the annulment
of the award. Award may then be made to the next lowest qualified responsible Bidder or all bids
may be rejected.
1.12 WITHDRAWAL OF BID
Any bid may be withdrawn prior to the time scheduled in the Advertisement for Bids for the
opening thereof, provided that it is done in writing by the one who signed the bid and that the
withdrawal is submitted in the same manner as the bid.
1.13 OPENING OF BIDS
Bids will be opened at the appointed time and place stated in the Advertisement for Bids. The
officer whose duty it is to open them will decide when the specified time has arrived and no bids
received thereafter will be considered. No responsibility will be attached to any officer for the
premature opening of a bid not properly addressed and identified.
1.14 CONSIDERATION OF BIDS
For the purpose of award, after the Bids are opened, the correct summation of the lump sum
prices and/or of the products of the estimated quantities shown in the Bid and the unit prices will
be considered the bid. Until the final award of the Contract, the right will be reserved to reject any
and all Bids and to waive technical errors and irregularities as may be deemed best for the
interests of the Owner.
1.15 RIGHT TO ACCEPT OR REJECT BIDS
Bids which contain modifications (other than in accordance with Paragraph 1.13), or which are
incomplete, unbalanced, conditional, obscure or which contain additions not requested or
irregularities of any kind, or which do not comply in every respect with the Instruction to Bidders,
and the Contract Documents, may be rejected at the option of the Owner. The Owner does not
bind himself to accept the minimum bid stated herein, but reserves the right to accept any bid
which in the judgment of the Owner will best serve the needs and interests of the Owner.
1.16 AWARD OF CONTRACT
A. The Owner reserves the right to reject any or all bids, or any part of any bid, to waive any
informality in any bid, or to re-advertise for all or part of the work contemplated. The Owner
reserves the right, prior to award of Contract, to delete from the scope of the project any
item or any combination of items the aggregate bid prices for which do not exceed 25
percent of the total bid price for the project. If bids are found to be acceptable by the
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City of Cape Canaveral
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Owner, written notice will be given to the lowest qualified responsible responsive Bidder
of the Acceptance of his Bid and of the award of the Contract to him.
B. If, for any reason, the award of the Contract is annulled, the Owner may then award the
Contract to another qualified responsible Bidder or the work may be re-advertised or may
be constructed by day labor as the Owner decides.
C. The Contract will be awarded to the lowest and best qualified responsible responsive
Bidder complying with the applicable conditions of the Contract Documents. In
determining the lowest qualified responsible Bidder, the following elements, in addition to
those noted in the Contract Documents, will be considered: Does each Bidder involved
(1), maintain a permanent place of business; (2) have adequate plant and equipment to
do the work properly and expeditiously; (3) have suitable financial status to meet the
obligations incident to the work; (4) have appropriate successful contractual and technical
experience in similar work; and further (5) what proportional amount of the work does each
Bidder intend to perform with his own organization as compared with the portion he intends
to subcontract; and (6) what are the qualifications of subcontractors whom each Bidder
proposes to use? In addition, each Bidder shall produce satisfactory evidence that he and
all subcontractors he proposes to use hold valid state, county and local licenses or
certificates of competency covering all operations and all areas of political jurisdiction
involved in the work of this Contract.
D. The Owner also reserves the right to reject the Bid of a Bidder who has previously failed
to perform properly or to complete Contracts of a similar nature on time.
1.17 EXECUTION OF CONTRACT
The Bidder to whom a Contract is awarded will be required to execute in five (5) counterparts the
prescribed Construction Agreement and Performance and Payment Bonds within ten (10) days
from the date of Notice of Acceptance of the Bidder's Bid, and deliver the executed Construction
Agreement to the Owner.
1.18 PERFORMANCE AND PAYMENT BONDS
A. Simultaneously with his delivery of the executed Construction Agreement to the Owner, a
Bidder to whom a Contract has been awarded must deliver to the Owner executed
Performance and Payment Bonds on the prescribed forms each in an amount of one-
hundred percent (100%) of the total amount of the accepted bid, as security for the faithful
performance of his Contract and for the payment of all persons performing labor or
furnishing materials in connection therewith. The Performance and Payment Bonds shall
have as the surety thereon only such surety company or companies as are authorized to
write bonds of such character and amount under the laws of the State of Florida and with
a resident agent in the State of Florida. The Attorney-in-Fact, or other office who signs a
Performance and Payment Bonds for a surety company must file with such bonds a
certified copy of his Power-of-Attorney authorizing him to do so.
B. The Performance and Payment Bonds shall remain in force from the date of notice to
proceed until one (1) year from the date of final acceptance of the work as a protection to
the Owner against losses resulting from latent defects in materials or improper
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City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
performance of work under the Contract, which may appear or be discovered during that
period.
1.19 QUALIFICATION OF SURETIES
Required surety payment and performance bonds shall be issued from a surety company meeting
all requirements of Florida Statute 287.0935. In cases where the amount of a surety bonds
exceeds $500,000, the surety company shall also have an A.M. Best's rating of no less than A-
and, depending on the amount of the bond, shall have a minimum A.M. Best's financial size
category ranking as follows:
BOND AMOUNT UP TO FINANCIAL CLASS
$1,000,000 V
$2,500,000 VI
$5,000,000 VII
$10,000,000 VIII
$25,000,000 IX
$50,000,000 X
$75,000,000 XI
$100,000,000 XII
SPECIAL NOTE:
Florida Statute Section 255.05 requires that Payment and Performance bonds for public
construction projects over $200,000.00 be recorded with the Clerk of the Court. The awarded
Contractor will be required to submit proof of recording with presentation of the Bonds.
1.20 INTERPRETATION OF QUANTITIES
In the case of unit price items, the quantities of work to be done and materials to be furnished
under this Contract, given in the Bid Form, are to be considered as approximate only and are to
be used solely for the comparison of Bids received. The Owner and/or his Engineer do not
expressly or by implication represent that the actual quantities involved will correspond exactly
therewith; nor shall the Bidder plead misunderstanding or deception because of such estimate or
quantities or of the character, location or other conditions pertaining to the work. It is understood
that the quantities may be increased or diminished as provided in the General Conditions without
in any way invalidating any of the unit or lump sum prices bid.
1.21 ALTERNATES
A. When certain items of equipment and/or materials are specified and/or described as the
product of a particular manufacturer together with any required additional information such
as model, number, size or catalog number, only such specific items may be used in the
Base Bid except as hereinafter provided.
B. The Contractor must judge for himself that such alternate equipment is of comparable
character and quality to the specified equipment. The Owner or the Owner's Engineer will
not discuss, approve or disapprove any alternate equipment and/or materials before the
bids are opened. The cost of changes in related work, additional drawings which may be
INSTRUCTIONS TO BIDDERS 00 10 00 - 10
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
required to illustrate or define the alternate equipment and its relation to the other parts or
portions of the work shall be paid by the Contractor. No change will be made in the amount
of time in which to complete the work or in the liquidated damages.
1.22 CERTIFICATE OF COMPETENCY
A Bidder need not have a Brevard County Business Tax Receipt at the time he submits the bid;
however, before the contract can be awarded, a Business Tax Receipt must be obtained by the
selected Bidder.
1.23 DISPUTES AND OTHER MATTERS IN QUESTION
All claims, counterclaims, disputes and other matters in question between the Owner and the
Contractor arising out of or relating to the agreement or the breach thereof will be decided in a
court of competent jurisdiction of Brevard County, Florida.
1.24 INTERPRETATION OF CONTRACT DOCUMENTS
The contract documents shall be governed, interpreted and construed under the laws of the State
of Florida.
1.25 TERMS AND CONDITIONS OF THIS DOCUMENT
The terms and conditions of this document, its attachments and addenda shall not be modified
without the prior written consent of Owner.
1.26 COURT'S DECISIONS
If any term, condition, section, paragraph, provision or sentence of this document or its
attachments or addenda are ruled invalid or unenforceable by a court of competent jurisdiction,
the remaining parts of this document, its attachments or addenda, shall continue in full force and
effect as though such term, condition, section, paragraph, provision, or sentence had been
omitted from said document, attachments or addenda.
1.27 WAIVER OF OBLIGATIONS OR DUTIES
Waiver by Owner of any Engineer's or Contractor's obligations or duties under this document, its
attachments or addenda, shall not constitute a waiver of any other obligation or duty Engineer or
Contractor have under this document, its attachments and addenda; nor shall a waiver of any
such obligation or duty constitute a continuing waiver of that obligation or duty by Owner.
1.28 EXECUTION OF TERMS AND CONDITIONS OF THIS DOCUMENT
Contractor shall perform the terms and conditions of this document, its attachments and addenda,
as an independent Contractor, and nothing contained herein shall be construed to be inconsistent
with this relationship or status. Nothing in this document, its attachments and addenda, shall in
any way be construed to constitute the Contractor, or any of its agents, representatives or
employees as the agents, representatives or employees of Owner.
INSTRUCTIONS TO BIDDERS 00 10 00 - 11
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
1.29 ASSIGNMENT OF RIGHTS AND OBLIGATIONS
Engineer or Contractor shall not assign their rights and obligations contained herein without the
prior written consent of Owner.
1.30 COURT ACTION
In any action between the Contractor and the City for damages, declaratory relief or other legal
cause of action arising out of this agreement or work performed under this agreement, each party
shall be responsible for paying its own attorney fees.
1.31 CONTENT OF THIS DOCUMENT
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements, or understandings applicable to the matters contained herein, and Engineer,
Contractor and Owner agree that there are no commitments, agreements or understandings
concerning the subject matter of this document that are not contained herein. Accordingly, it is
agreed that no deviation from the terms hereof shall be predicated upon any prior representation
or agreements, whether oral or written. This document constitutes the entire agreement of the
parties.
1.32 REVIEW AND UNDERSTANDING OF THIS DOCUMENT
Engineer and Contractor hereby acknowledge that they have fully reviewed this document, its
attachments and addenda, and have had the opportunity to consult with legal counsel of their
choice in the negotiation of this document. The parties cooperated in the preparation of this
document and it shall not be construed against any party as the drafter of this document.
END OF SECTION 00 10 00
INSTRUCTIONS TO BIDDERS 00 10 00 - 12
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
SECTION 00 30 00
BID
For
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection
Cape Canaveral, Florida
Bid #2018-03
Submitted in Triplicate: ___________, 2018
City Clerk, City of Cape Canaveral
100 Polk Avenue
Cape Canaveral, FL 32920
Gentlemen:
The undersigned, as Bidder, hereby declares that the only person or persons interested in the
Bid, as principal or principals, is or are named herein and that no other person than herein
mentioned has any interest in the Bid of the Contract to which the work pertains; that this Bid is
made without connection or arrangement with any other person, company, or parties making a
bid and that the Bid is in all respects fair and made in good faith without collusion or fraud.
The Bidder further declares that he has examined the site of the work and has fully satisfied
himself that such site is a correct and suitable one for this work and he assumes full responsibility
therefore. This determination was made based on his personal knowledge and experience and/or
having made sufficient test holes and other subsurface investigations. The bidder states that he
has examined the Drawings and Specifications for the work and based on his own experience or
professional advice, he has determined that the Drawings and Specifications are sufficient for the
work to be done and that he has examined the other Contract Documents and all addenda relating
thereto, including the Advertisement for Bids, Instructions to Bidders, Bid, Non-collusion Affidavit
of Prime Bidder, Public Entity Crimes, Contract, Performance, Payment and Maintenance Bonds,
Certificate of Insurance, General Conditions, Special Conditions, Technical Specifications,
Appendices, and Drawings and has read all addenda prior to the receipt of bids, and that he has
satisfied himself fully, relative to all matters and conditions with respect to the work to which this
Bid pertains.
The Bidder proposes and agrees, if this Bid is accepted, to contract with the City of Cape
Canaveral in the form of Construction Agreement specified, to furnish all necessary materials,
equipment, all necessary machinery, tools, apparatus, means of transportation, and labor
necessary to complete the work specified in the Bid and the Contract, and called for by the
Drawings and Specifications and in the manner specified.
The Bidder further proposes and agrees to comply in all respects with the time limits for
commencement and completion of the work as stated in the Contract Form.
The Bidder further agrees that the deductions for liquidated damages, as stated in the
Construction Agreement, constitute fixed, agreed, and liquidated damages to reimburse the
Owner for additional costs to the Owner resulting from the work not being completed within the
time limit stated in the Construction Agreement.
BID 00 30 00 - 1
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
The Bidder further agrees to execute a Construction Agreement and furnish satisfactory
Performance and Payment Bonds, each in the amount of one-hundred percent (100%) of the
Contract price, within ten consecutive calendar days after written notice being given by the Owner
of the award of the Contract.
The undersigned agrees to accept in full compensation therefore the total of the contract price for
the lump sum prices named in the following schedule. Absent a Change Order, there shall be no
increase in the lump sum payment. It is understood that the unit prices quoted or established for
a particular item are to be used for computing the amount to be paid to the Contractor in the event
of a Change Order, based on the quantities actually constructed as determined by the applicable
measurement and payment portion of the technical specifications.
Name of Bidder ___________________________________
Bidders Occupational License No. ____________________
Signature of Authorized Officer ______________________
Title ____________________________________________
Business Address _________________________________
City __________________ State __________ Zip ________
Name and Address of Surety or Sureties who will sign Bonds:
Performance Bond
____________________________________________________
____________________________________________________
Payment Bond
____________________________________________________
____________________________________________________
BID 00 30 00 - 2
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
BID ESTIMATE
CITY OF CAPE CANAVERAL
WASTE WATER TREATMENT SITE
SHORELINE PROTECTION
General: This project is a maintenance extension of earlier City work at the WWTP site. Some rip rap has been placed in upland shoreline areas
in past years and this project will supplement this earlier work. A new chain link fence will also be a part of this project. The work along the
shoreline will involve 1300 l.f. (+/-) which includes work on both existing rip rap areas and new areas.
Unit
Pay Item DescriptionQTYUnitPriceAmount
Mobilization1LS
Erosion Control1LS
Shoreline Grading1LS
Fill* Cove areas and west area.200CY
Geotexture Cloth1200SY
Coquina Rock Placement500TN
Upland Swale(s) Excavation27CY
Sod700SY
Outfall Flumes (Rock)Shaping/minor rock.8EA
Fence1300LF
Gates2EA
Site Clean Up/Restoration1LS
Construction Survey1LS
TOTAL
1Use of City on site fill (approximately 80 cy (+/-) will be used as part of shoreline stabilization.
2New fence to include 3 strand barbed wire.
3West fence to be adjusted approximately two feet (2') upland to allow for shoreline work (see detail).
4Contractor clean up to include repairing damaged site areas including wheel ruts, sod replacement, pavement breakage, etc.
Site storage areas to be coordinated with Public Works. Site is gated area and Contractor schedules to be coordinated with Public Works along
5
with safety issues.
BID 00 30 00 - 3
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
Acknowledgment is hereby made of the following Addenda received since issuance of
Plans and Specifications:
Addendum No._____ Dated:_________ Addendum No._____ Dated:________
Addendum No._____ Dated:_________ Addendum No._____ Dated:________
NOTES:
END OF SECTION 00 30 00
BID 00 30 00 - 4
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
SECTION 00 48 00
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of )
) ss.
County of )
, being duly sworn, deposes and says that:
(1) He is of , the Bidder that has submitted the attached bid:
(2) He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive
or sham Bid in connection with the Contract for which the attached Bid has been submitted or to
refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly,
sought by contract, or has in any manner, directly or indirectly, sought by agreement or collusion
or communication or conference with any other Bidder, firm or person to fix the price or prices in
the attached bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid
price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy,
connivance or unlawful agreement any advantage against the City of Cape Canaveral, or any
person interested in the Contract; and
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its
agents, representatives, owners, employees, or parties of interest, including affiant.
Sworn to and subscribed before me this _________ day of _________________________,
20____.
STATE OF ______________________
COUNTY OF ____________________
Personally known _______________________
OR Produced Identification ________________ Notary Public - State of ____________
My Commission Expires
(Type of Identification)
______________________________
(Printed, typed or stamped commission
name of notary public)
END OF SECTION 00 48 00
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER 00 48 00 - 1
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
SECTION 00 50 00
CONSTRUCTION AGREEMENT
This Agreement made this day of , 2018 between the CITY OF CAPE CANAVERAL,
a Florida municipal corporation (herein referred to as CITY) and ______________, a State Certified General
Construction Firm authorized and duly licensed to do business in the State of Florida (herein referred to as
CONTRACTOR), as follows:
1. DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with the Contract
Documents, for the
forth in the Scope of Services, attached hereto as and fully incorporated by this reference
Work
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and
Addendum to the Agreement; Engineering Plans and Drawings prepared by John A. Pekar, PE, dated
February 2018; Bid #2018-03; Documents issued by the City;
Conditions by the City; Supplemental Terms and Conditions by the City; and all Change Orders approved
by the City after execution of this Agreement. These Contract Documents are hereby incorporated into
this Contract by this reference.
3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the
Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved by giving
precedence in the following order:
a. Agreement Exhibits and Addenda
b. Change Orders;
c. Supplemental Terms and Conditions;
d. General Terms and Conditions; or
e. Engineering Plans and Drawings.
Any inconsistency in the work description shall be clarified by the CITY and performed by the
CONTRACTOR.
4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work, should any errors,
ambiguities or discrepancies be found in the Agreement or specifications, the CITY at its sole discretion
will interpret the intent of the Agreement and work descriptions and the CONTRACTOR hereby agrees
to abide by the CITY
the CITY. When the material, article or equipment is designated by a brand name and more than one
brand name is listed, it will be understood that the work is based on one brand name only. The
CONTRACTOR will be responsible for all coordination necessary to accommodate the material, article
or equipment being provided without additional cost to the CITY. A substitute material, article or
equipment is allowed if it is reasonably equivalent to the brand name specified. The CITY has full
discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the CITY
prior to use of the substitute for a specified brand name and allow the CITY to make a determination
before CONTRACTOR uses the substitute.
CONSTRUCTION AGREEMENT 00 50 00 - 1
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
5. CONTRACT TIME - The CONTRACTOR shall begin work within thirty (30) days after the issuance of a
written Notice to Proceed and shall complete the Work within ninety (90) calendar days from the date of
the Notice to Proceed. Extensions, if any, are authorized by City, and may only be granted in writing.
6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the essence of this
Agreement and that CITY will suffer financial loss if the Work is not substantially complete within the time
specified in Paragraph 5 above, plus any extensions thereof allowed in accordance with the General
Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or
arbitration proceeding the actual loss suffered by CITY if the Work is not substantially completed on time.
Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated
damages for delay (but not as a penalty) CONTRACTOR shall pay CITY one hundred dollars ($100.00)
per day for each day that expires after the time specified in Paragraph 5 for final completion until the work
is finally complete, and that CITY has paid to CONTRACTOR the consideration of ten ($10.00) dollars
as consideration for this provision.
7. CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the CONTRACTOR in current funds
for the performance of the work, subject to additions and deductions by Change Order, the Total Contract
Price of ____________________________________________________($_________). Payments will
be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices
included as a part of the Bid, which shall be as fully a part of the Contract as if attached or repeated
herein.
8. TERMINATION; DEFAULT BY CONTRACTOR AND CITY - The CITY reserves the right
to revoke and terminate this Agreement and rescind all rights and privileges associated with this
Agreement, without penalty, for convenience. Further, the CITY reserves the right to revoke and
terminate this Agreement in the following circumstances, each of which shall represent a default and
breach of this Agreement:
a. CONTRACTOR defaults in the performance of any material covenant or condition of this
Agreement and does not cure such other default within seven (7) calendar days after written notice
from the CITY specifying the default complained of unless, however, the nature of the default is such
that it cannot, in the exercise of reasonable diligence, be remedied within seven (7) calendar days,
in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the
default, provided the CONTRACTOR promptly takes and diligently pursues such actions as are
necessary therefore; or
b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of creditors or
CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts; or
c. CONTRACTOR has acted negligently, as defined by general and applicable law, in performing
the Work hereunder; or
d. CONTRACTOR has committed any act of fraud upon the CITY; or
e. CONTRACTOR has made a material misrepresentation of fact to the CITY while performing its
obligations under this Agreement; or
f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse
impact upon performance of this Agreement without prejudice to any other right, or remedy CITY
may have under this Agreement.
Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the CITY shall have
the right to exercise any other remedy the CITY may have by operation of law, without limitation, and
without any further demand or notice. In the event of such termination, CITY shall be liable only for the
CONSTRUCTION AGREEMENT 00 50 00 - 2
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work
properly performed prior to the effective date of termination.
9. FORCE MAJEURE - Any delay or failure of either party in the performance of its required obligations
hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion;
riot; war; sabotage; strikes (except involving CONTRACTOR's labor force); extraordinary breakdown of
or damage to CITY's affiliates' generating plants, their equipment or facilities; court injunction or order;
federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the
reasonable control of the party affected; provided that prompt notice of such delay is given by such party
to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or
causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate
this Agreement.
10. SEVERABILITY - In the event any portion or part thereof of this Agreement is deemed invalid, against
public policy, void or otherwise unenforceable by a court of law, the parties, at the sole discretion and
option of the CITY, shall negotiate an equitable adjustment in the affected provision of this Agreement.
The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully
enforceable
11. PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract price to
CONTRACTOR, on the basis of application for payments submitted to the CITY or CITY
Manager, by CONTRACTOR as the work progresses and in accordance with the Contract Documents.
Progress payments may be withheld if:
a. Work is found defective and not remedied;
b. Contractor does not make prompt and proper payments to subcontractors;
c. Contractor does not make prompt and proper payments for labor, materials, or equipment
furnished him;
d. Another Contractor is damaged by an act for which Contractor is responsible;
e. Claims or liens are filed on the job; or
f. In the opinion of the City of Cape Canaveral, Contractor's work is not progressing satisfactorily.
12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the project in
accordance with t After 50% completion of the project,
CITY shall reduce to 5% the amount of the retainage withheld from each subsequent progress payment
made to the CONTRACTOR unless the project is subject to Federal funding, in whole or in part, and the
shall mean the point at which the CITY has expended 50% of the total cost of the construction services
purchased under this Agreement together with all costs associated with existing change orders and other
additions or modifications to the construction services provided for in this Agreement. After 50%
completion, the Contractor may present to the CITY a payment request for up to one-half of the retainage
held by the CITY. CITY shall promptly make payment to the CONTRACTOR unless the CITY has
grounds, under the Act, for withholding the payment of the retainage. The remaining retainage amount
withheld shall be released with the Final Payment after the issuance of the Final Completion Certificate.
CITY shall make final payment to CONTRACTOR within thirty (30) days after the work is fully and
properly completed, if the contract has been fully and timely performed, but subject to the condition that
final payment shall not be due until CONTRACTOR has delivered to CITY a complete release of liens
arising out of the contract, or receipt of releases of lien fully covering all labor, materials and equipment
CONSTRUCTION AGREEMENT 00 50 00 - 3
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
for which a lien could be filed, or in the alternative a bond satisfactory to CITY indemnifying him against
such claims.
By making payments, CITY does not waive claims including but not limited to those relating to:
a. Faulty work appearing after substantial completion has been granted;
b. Work that does not comply with the Contract Documents;
c. Outstanding claims of liens; or
d. Failure of Contractor to comply with any special guarantees required by the Contract
Documents.
13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES
AND AUTHORITY - The duties and authority of the CITY are as follows:
a. General Administration of Contract. The primary function of the CITY is to provide the general
administration of the contract. In performance of these duties, Jeff Ratliff or his authorized
representative is the CITYCITY may
change the Project Manager during the term of this contract.
b. Inspections, Opinions, and Progress Reports. The CITY shall be kept familiar with the
progress and quality of the work by CONTRACTOR and may make periodic visits to the work site.
The CITY will not be responsible for the means of construction, or for the sequences, methods and
procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance with
the Contract Documents.
c. Access to Worksite for Inspections. The CITY shall be given free access to the worksite at
all times during work preparation and progress. The Project Manager is not obligated to make
exhaustive or continuous on site inspections to perform his duties of checking and reporting on work
progress, and any such inspections shall not waive CITY's claim regarding defective work by
Contractor.
d. Interpretation of Contract Documents: Decisions on Disputes. The CITY will be the initial
interpreter of the contract document requirements, and make decisions on claims and disputes
between CONTRACTOR and CITY.
e. Rejection and Stoppage of Work. The CITY shall have authority to reject work which in its
opinion does not conform to the Contract Documents, and in this connection may stop the work or a
portion thereof, when necessary.
f. Payment Certificates. The CITY will determine the amounts owing to CONTRACTOR as the
work progresses, based on CONTRACTOR's applications and CITY's inspections and observations,
and will issue certificates for progress payments and final payments in accordance with the terms of
the Contract Documents.
14. PROGRESS MEETING CITYs Project Manager may hold periodic progress meetings on a monthly
basis, or more frequently if required by the CITY, during the term of work entered into under this
Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such
meetings as designated by the CITYs Project Manager.
15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the
project herein are as follows:
CONSTRUCTION AGREEMENT 00 50 00 - 4
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely
responsible for all construction under this contract, including the techniques, sequences, procedures
and means, for the coordination of all work. CONTRACTOR shall supervise and direct the work, and
give it all attention necessary for such proper supervision and direction.
b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among
his employees, and he agrees not to employ for work on the project any person unfit or without
sufficient skill to perform the job for which he was employed.
c. Furnishing of Labor, Materials, etc. CONTRACTOR shall provide and pay for all labor,
materials and equipment, including tools, construction equipment and machinery, utilities, including
water, transportation, and all other facilities and work necessary for the proper completion of work
on the project in accordance with the Contract Documents.
d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall secure all
licenses and permits necessary for proper completion of the work, paying the fees thereof.
CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract
Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR
to undertake the contract work.
e. CONTRACTOR will provide written guarantee for work and materials for one (1) calendar year
after acceptance by CITY.
16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any
monies due or to become due hereunder without the prior, written consent of the CITY.
a. If upon receiving written approval from CITY, any part of this Agreement is subcontracted by
CONTRACTOR, CONTRACTOR shall be fully responsible to CITY for all acts and/or omissions
performed by the subcontractor as if no subcontract had been made.
b. If CITY determines that any subcontractor is not performing in accordance with this Agreement,
CITY shall so notify CONTRACTOR who shall take immediate steps to remedy the situation.
c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this
Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide CITY
and its affiliates with insurance coverage as set forth by the CITY.
17. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights or benefits to
anyone other than CITY and CONTRACTOR.
18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the CONTRACTOR,
to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR,
any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement.
19. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal-agent
relationship between the parties and neither party is authorized to, nor shall either party act toward third
persons or the public in any manner which would indicate any such relationship with the other party.
20. INDEMNIFICATION For other and additional good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, hold harmless and
defend the CITY, its officers, agents, officials, representatives, employees, and/or attorneys against any
and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not limited
CONSTRUCTION AGREEMENT 00 50 00 - 5
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
ITY may hereafter sustain, incur or be
required to pay, arising out of, wholly or in part, or due to any act or omission of CONTRACTOR, its
agent(s), vendors, contractors, subcontractor(s), representatives, servants or employees in the
execution, performance or non-performance or failure to adequately perform CONTRACTOR
obligations pursuant to this Agreement.
The indemnification provided above shall obligate the indemnifying party to defend at its own expense or
to provide for such defense, at the sole option of the CITY, as the case may be, of any and all claims of
liability and all suits and actions of every name and description that may be brought against the CITY, its
officers, agents, officials, representatives, employees, and/or attorneys which may result from the
services under this Agreement whether the services be performed by the indemnifying party or anyone
directly or indirectly employed or hired by them. In all events the CITY shall be permitted to choose legal
counsel of its sole choice, the fees for which shall be subject to and included with this indemnification
provided herein, as long as said fees are reasonable. This paragraph shall survive termination of this
Agreement.
21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the
safety and supervision of its principals, employees, contractors, and agents while performing work
provided hereunder.
22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and
warrants to the CITY the following:
a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in
good standing under the laws of Florida, and is duly qualified and authorized to carry on the
functions and operations set forth in this Agreement.
b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to
enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto,
and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized
by the board of directors and/or president of CONTRACTOR. In support of said representation,
CONTRACTOR agrees to provide a copy to the CITY of a corporate certificate of good standing
provided by the State of Florida prior to the execution of this Agreement.
c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated
in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy
of all said licenses to the CITY prior to the execution of this Agreement.
23. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in form approved
in an amount specified in the Contract
Documents.
24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing the
types of insurance and limits of liability as set forth below.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum
amount of $2,000,000 as the combined single limit for each occurrence to protect the
CONTRACTOR from claims of property damages which may arise from any Work performed under
this Agreement whether such Work is performed by the CONTRACTOR or by anyone directly
employed by or contracting with the CONTRACTOR.
b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the
minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000
property damage as the combined single limit for each occurrence to protect the CONTRACTOR
from claims for damages for bodily injury, including wrongful death, as well as from claims from
CONSTRUCTION AGREEMENT 00 50 00 - 6
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
property damage, which may arise from the ownership, use, or maintenance of owned and non-
owned automobiles, including rented automobiles whether such operations be by the
CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR.
c.
Insurance in the minimum amount of $2,000,000 for all of its employees performing Work for the
CITY pursuant to this Agreement.
Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall
be maintained during the term of this Agreement. A copy of a current Certificate of Insurance shall be
provided to the CITY by CONTRACTOR upon the Effective Date of this Contract which satisfies the
insurance requirements of this paragraph 24. Renewal certificates shall be sent to the CITY 30 days prior
to any expiration date. There shall also be a 30-day advance written notification to the CITY in the event
of cancellation or modification of any stipulated insurance coverage. The CITY shall be an additional
named insured on all stipulated insurance policies as its interest may appear, from time to time,
.
Independent Associates and Consultants. All independent contractors or agents employed by
CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions
contained in this paragraph section 24.
25. MEDIATION/VENUE - The parties agree that should any dispute arise between them regarding the
terms or performance of this Agreement, both parties will participate in mediation. The parties agree to
equally share the cost of the mediator. Should the parties fail to resolve their differences through
mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Brevard
County, Florida.
26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed, governed,
and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation
shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida.
27. - Should either party bring an action to enforce any of the terms of this Agreement,
the prevailing party shall be entitled, to the extent permitted by law, to recover from the non-prevailing
whether at settlement, trial or on appeal.
28. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid, to the applicable
party at the address shown on page 9 of this Agreement.
29. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work performed hereunder, it is
specifically understood and agreed to by and between the parties hereto that the contractual relationship
between the CITY and CONTRACTOR is such that the CONTRACTOR is an independent contractor
and not an agent of the CITY. The CONTRACTOR, its contractors, partners, agents, and their employees
are independent contractors and not employees of the CITY. Nothing in this Agreement shall be
interpreted to establish any relationship other than that of an independent contractor, between the CITY,
on one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or after
the performance of the Work under this Agreement.
30. DOCUMENTS - Public Records: In accordance with section 119.0701, Florida Statutes, Contractor
agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings,
data processing software, or other material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to this Agreement or in connection with any funds provided by
the City pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida
Statutes. Contractor agrees to keep and maintain any and all public records that ordinarily and
CONSTRUCTION AGREEMENT 00 50 00 - 7
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
necessarily would be required by the City in order to perform the services required by this
Agreement. Contractor also agrees to provide the public with access to public records on the same terms
and conditions that the City would provide the records and at a cost that does not exceed the cost
provided by Chapter 119, Florida Statutes or as otherwise provided by law. Contractor shall also ensure
that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law. In addition, Contractor shall meet all
requirements for retaining public records and transfer, at no cost, to the City all public records in
possession of the Contractor upon termination of this Agreement and destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure requirements. All
records stored electronically must be provided to the City in a format that is compatible with the
information technology systems of the City. If Contractor does not comply with a public records request,
the City shall have the right to enforce the provisions of this Paragraph. In the event that Contractor fails
to comply with the provisions of this Paragraph, and the City is required to enforce the provisions of this
provisions of Chapter 119, Florida Statutes due
costs, and any damages incurred by the City, for enforcing this Paragraph against Contractor. And, if
provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement.
31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement, nothing
s right to sovereign immunity
us potential liability under state or federal
law. As such, the CITY shall not be liable, under this Agreement for punitive damages or interest for the
period before judgment. Further, the CITY shall not be liable for any claim or judgment, or portion thereof,
to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment,
or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies
and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred
thousand dollars ($300,000.00).
32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed
as part of this Agreement.
33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties
has been induced by no representations, statements, warranties, or agreements other than those
expressed herein. This Agreement embodies the entire understanding of the parties, and there are no
further or other agreements or understandings, written or oral, in effect between the parties relating to the
subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be
made in writing signed by both parties.
34. WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms or provision of this
Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver,
consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and
signed by a duly authorized representative of each party hereto. This Agreement may be executed in
any number of counterparts, each of which when so executed and delivered shall be considered an
original agreement; but such counterparts shall together constitute but one and the same instrument.
35. DRAFTING - CITY and CONTRACTOR each represent that they have both shared equally in drafting
this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement
in the event of a dispute between the parties.
36. NOTICE - Any notice, request, instruction, or other document to be given as part of this Agreement shall
be in writing and shall be deemed given under the following circumstances: when delivered in person;
or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or
CONSTRUCTION AGREEMENT 00 50 00 - 8
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
registered; or the next business day after being deposited with a recognized overnight mail or courier
delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged
upon transmission; and addressed as follows (or to such other person or at such other address, of which
any party hereto shall have given written notice as provided herein):
For City: For Contractor:
City of Cape Canaveral ________________________
David L. Greene, City Manager ________________________
100 Polk Avenue ________________________
Cape Canaveral, FL 32920 ________________________
Phone: 321-868-1220 Phone: _________________
Fax: 321-868-1224 Fax: _________________
Either party may change the notice address by providing the other party written notice of the change.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
above written.
CONTRACTOR:
WITNESSES:
_____________________________ By: __________________________
Print Name: ___________________ Print Name: ____________________
Title: __________________________
_____________________________
Print Name: ___________________
CITY:
City of Cape Canaveral, Florida,
a Florida municipal corporation.
Attest: By:_______________________________
David L. Greene, City Manager
By: ___________________________
Mia Goforth, City Clerk
Date
CONSTRUCTION AGREEMENT 00 50 00 - 9
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
SECTION 00 61 00
PUBLIC CONSTRUCTION PERFORMANCE BOND
BY THIS BOND, We , as
Principal and ,
a corporation as Surety, are bound to the City of Cape Canaveral, herein called Owner, in the
sum of ($ ),
for payment of which we bind ourselves, our heirs, personal representatives, successors, and
assigns, jointly and severally.
THE CONDITIONS OF THIS BOND are that if Principal:
1. Performs promptly, completely and faithfully the Construction Agreement dated
___________________________, 2018, between Principal and Owner for
construction of Waste Water Treatment Site Shoreline Protection, the
Construction Agreement being attached hereto and made a part of this bond by
reference, in such time and without delay, and in the manner prescribed in the
contract including the delivery, execution and performance of any warranty work
required by the contract; and
2. Pays Owne
appellate proceedings, that Owner sustains because of a default by Principal under
the contract; and
3. Performs the guarantee of all work and materials furnished under the Construction
Agreement for the time specified in the agreement, then this bond is void; otherwise
it remains in full force.
Any modifications in or under the contract documents and compliance or noncompliance
with any formalities connected with the agreement or the mo
obligation under this bond.
PUBLIC CONSTRUCTION PERFORMANCE BOND 00 61 00 - 1
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
Signed and sealed this day of , 20 .
Witness: ____________________________________
(Principal) (Seal)
______________________________ Its: _________________________________
(Title)
Witness: ____________________________________
(Surety) (Seal)
______________________________ Its: _________________________________
(Title)
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the Corporation
named as Principal in the within bond; that who signed the said
bond on behalf of the Principal, was then of said Corporation;
that I know the Principal, and the Principal's signature hereto is genuine; and that said bond was
duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing
body.
(Seal)
Secretary
STATE OF FLORIDA
ss
COUNTY OF ( )
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
to me well known, who being by me first duly sworn upon oath, says that this individual is the
Attorney-in-Fact, for the and
that said individual has been authorized by to execute the
foregoing bond on behalf of the Contractor named therein in favor of the City of Cape Canaveral.
Subscribed and sworn to before me this day of , 20 , A.D.
(Attach Power of Attorney) _________________________________
Notary Public
State of Florida-at-Large
My Commission Expires: ____________
My Commission Number is: __________
END OF SECTIO 00 61 00
PUBLIC CONSTRUCTION PERFORMANCE BOND 00 61 00 - 2
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
SECTION 00 62 00
PUBLIC CONSTRUCTION PAYMENT BOND
BY THIS BOND, We as
Principal and , a corporation as
Surety, are bound to the City of Cape Canaveral, herein called Owner, in the sum of
($ ), for payment of which we bind ourselves, our heirs, personal representatives,
successors, and assigns, jointly and severally.
THE CONDITIONS OF THIS BOND are that if Principal:
1. Promptly makes payments 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
dated , between Principal and Owner for construction
of the Waste Water Treatment Site Shoreline Protection, the contract being
attached hereto and made a part of this bond by reference, in such time and without
delay, and in the manner prescribed in the contract; and
2.
appellate proceedings, that Owner sustains because of a default by Principal under
the contract, then this bond is void; otherwise it remains in full force.
Any modifications in or under the contract documents and compliance or noncompliance
with any formalities connected with the contract or the modifications does not affect Surety
obligation under this bond.
Signed and sealed this day of , 20 .
Witness: ____________________________________
(Principal) (Seal)
______________________________ Its: _________________________________
(Title)
Witness: ____________________________________
(Surety) (Seal)
______________________________ Its: _________________________________
(Title)
PUBLIC CONSTRUCTION PAYMENT BOND 00 62 00 - 1
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the Corporation
named as Principal in the within bond; that who signed the said
bond on behalf of the Principal, was then of said Corporation;
that I know the Principal, and the Principal's signature hereto is genuine; and that said bond was
duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing
body.
(Seal)
Secretary
STATE OF FLORIDA
ss
COUNTY OF ( )
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
to me well known, who being by me first duly sworn upon oath, says that this individual is the
Attorney-in-Fact, for the and that said
individual has been authorized by to execute the foregoing
bond on behalf of the Contractor named therein in favor of the City of Cape Canaveral.
Subscribed and sworn to before me this day of , 20 , A.D.
(Attach Power of Attorney) _________________________________
Notary Public
State of Florida-at-Large
My Commission Expires: ____________
My Commission Number is: __________
END OF SECTION 00 62 00
PUBLIC CONSTRUCTION PAYMENT BOND 00 62 00 - 2
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
SECTION 00 65 00
CERTIFICATE OF INSURANCE
THIS IS TO CERTIFY THAT THE
Insurance Company
Address_____________________________________________________________________
_of ___________________________________________________________ has issued
policies of insurance, as described below and identified by a policy number, to the insured named
below; and to certify that such policies are in full force and effect at this time. It is agreed that
none of these policies will be canceled or changed so as to affect the interest(s) of the City of
Cape Canaveral (hereinafter sometimes called the Owner) until thirty (30) days after written notice
of such cancellation or change has been delivered to the City of Cape Canaveral.
Insured:______________________________________________________________________
Address:_________________________________________________________________ ___
Status of Insured: ________ Corporation ________ Partnership ________ Individual
Location of Operations Insured:_____________________________________________ __
Description of Work:_______________________________________________________ ___
_____________________________________________________________________ ______
INSURANCE POLICIES IN FORCE
Forms of Coverage Policy Number Expiration Date
*Worker's Compensation/Employers'
Liability
+Comprehensive Automobile Liability
-Comprehensive General Liability
+Excess Liability
Other (Please specify type)
CERTIFICATE OF INSURANCE 00 65 00 - 1
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
POLICY INCLUDES COVERAGE FOR:
YES NO
1. Additional Insured: Owner and Engineer __X__ _____
2. *Liability under the United States
Longshoremen's and Harbor Workers'
Compensation Act. _____ __X__
3. +All owned, hired, or non-owned automotive
equipment used in connection with work
done for the Owner. __X__ _____
4. -Damage caused by explosion, collapse or
structural injury, and damage to
underground utilities. __X__ _____
5. -Products/Completed Operations __X__ _____
6. -Liability assumed in the Contract __X__ _____
7. -Personal Injury Liability __X__ _____
8. +Excess Liability applies excess of:
(a) Employers' Liability _____ _____
(b) Comprehensive General Liability _____ _____
(c) Comprehensive Automobile Liability _____ _____
__________________LIMITS OF LIABILITY________________
FORMS OF COVERAGE BODILY INJURY PROPERTY DAMAGE
Workers' Compensation Statutory XXXXXXXXXXXXXXX
Employers' Liability $100,000 Each Accident XXXXXXXXXXXXXXX
Comprehensive Auto $1,000,000 Each Occurrence
Liability Combined Single Limit BI/PD
Comprehensive $1,000,000 Each Occurrence
General Liability Combined Single Limit BI/PD
Professional Liability $1,000,000 Each Occurrence
* Excess Liability $_______ Each Occurrence
Combined Single Limit BI/PD
Other (please specify type)
* Excess is to be provided only when a combined single limit is used.
* Claims made policy forms are not acceptable.
The Insurance Company hereby agrees to deliver, within ten (10) days, two (2) copies of the
above policies to the Engineer when so requested.
CERTIFICATE OF INSURANCE 00 65 00 - 2
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
NOTE: Entries on this certificate are limited to the Authorized Agent or Insurance Company
Representative.
Date _______________________ (SEAL)_____________________________
Insurance Company
Issued at __________________ ___________________________________
Authorized Representative
Name of Authorized Representative:
Address of Authorized Representative:
Phone Number of Authorized Representative:
Insurance Agent or Company
- Send original and one copy to:
City of Cape Canaveral
Public Works Services Department
601 Thurm Boulevard
PO Box 326
Cape Canaveral, FL 32920
END OF SECTION 00 65 00
CERTIFICATE OF INSURANCE 00 65 00 - 3
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
SECTION 00 70 00
GENERAL CONDITIONS
ARTICLE l - DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents, the following
terms shall have the meanings indicated which shall be applicable to both the singular and plural
thereof:
Acceptance: By the authorized representative of the City of Cape Canaveral Public Works
Services Department or designee of the Work as being fully complete in accordance with the
Contract Documents.
Agreement: The written agreement between the OWNER and the CONTRACTOR covering the
Work to be performed; the Contract Documents are attached to and made a part of the
Agreement. Also designated as the Construction Agreement.
Addenda: Written or graphic instruments issued prior to the execution of the Agreement which
modify or interpret the Contract Documents, Drawings and Specifications, by additions, deletions,
clarifications or corrections.
Application for Payment: The form furnished by the ENGINEER which is to be used by the
CONTRACTOR in requesting progress payments and an affidavit of the CONTRACTOR that
progress payments theretofore received from the OWNER on account of the Work have been
applied by the CONTRACTOR to discharge in full all of the CONTRACTOR'S obligations stated
in prior Applications for Payment.
Approval: Accept as satisfactory.
Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices
for the Work to be performed.
Bidder: Any person, firm or corporation submitting a Bid for the Work.
Bonds: Performance and payment bonds and other instruments of security, furnished by the
CONTRACTOR and his surety in accordance with the Contract Documents and in accordance
with the law of the place of the project.
Change Order: A written order to the CONTRACTOR signed by the OWNER authorizing an
addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract
Time issued after execution of the Agreement.
Contract Documents: The Agreement, Addenda, Instructions to Bidders, CONTRACTOR'S Bid,
the Bonds, the Notice of Award, these General Conditions, the Special Conditions, Technical
Specifications, Drawings and Modifications, Change Orders and Field Orders and Notice to
Proceed.
Contract Price: The total moneys payable to the CONTRACTOR under the Contract Documents.
GENERAL CONDITIONS 00 70 00 - 1
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
Contract Time: The number of calendar days stated in the Agreement for the completion of the
Work.
CONTRACTOR: The person, firm or corporation with whom the OWNER has executed the
Agreement.
Day: A calendar day of twenty-four hours measured from midnight to the next midnight.
Drawings: The drawings which show the character and scope of the Work to be performed and
which have been prepared or approved by the ENGINEER and are referred to in the Contract
Documents.
ENGINEER: The person, firm or corporation named as such in the Contract Documents.
ENGINEER'S REPRESENTATIVE: An authorized representative of the ENGINEER assigned to
observe the work performed and materials furnished by the CONTRACTOR.
Field Order: A written order issued by the ENGINEER which clarifies or interprets the Contract
Documents in accordance with paragraph 9.3 or orders minor changes in the Work in accordance
with paragraph 10.2, and which will not result in change to the Contract Value or Time.
Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a
Change Order, (c) a written clarification or interpretation issued by the ENGINEER in accordance
with paragraph 9.3 or (d) a written order for a minor change or alteration in the Work issued by
the ENGINEER pursuant to paragraph 10.2. A Modification may only be issued after execution
of the Agreement.
Notice of Award: The written notice by OWNER to the apparent successful Bidder stating that
upon compliance with the conditions precedent to be fulfilled by him within the time specified,
OWNER will execute and deliver the Agreement to him.
Notice to Proceed: A written notice given by the OWNER to CONTRACTOR (with a copy to
ENGINEER) fixing the date on which the Contract Time will commence to run and on which
CONTRACTOR shall start to perform his obligations under the Contract Documents.
OWNER: City of Cape Canaveral, for whom the Work is to be performed.
OWNERS REPRESENTATIVE: The person or persons designated by the Owner. This may
include the ENGINEER.
Project: The entire construction to be performed as provided in the Contract Documents.
Project Representative: (also Construction Observer, Resident Inspector, or Construction
Inspector) An authorized representative of the OWNER assigned to observe the Work performed
and materials furnished by the CONTRACTOR or such other person as may be appointed by the
Owner as his representative. The CONTRACTOR shall be notified in writing of the identity of this
representative.
GENERAL CONDITIONS 00 70 00 - 2
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which
are prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier or distributor and
which illustrate the equipment, material or some portion of the Work and as required by the
Contract Documents.
Samples: Physical examples which illustrate materials, equipment or workmanship and establish
standards by which the Work will be judged.
Special Conditions: When included as a part of the Contract Documents, Special Conditions refer
only to the Work under this Contract. Special Conditions take precedent over the General
Conditions.
Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or
with any other subcontractor for the performance of a part of the Work at the site.
Substantial Completion: The stage in construction when a project can be utilized for the purposes
for which it was intended. At substantial completion, minor items and items that are seasonally
restricted need not be completed, but the items that affect operational integrity and function of the
facility must be capable of continuous use, as determined by OWNER and ENGINEER.
Supplier: Any person or organization who supplies materials or equipment for the Work, including
that fabricated to a special design, but who does not perform labor at the site.
Surety: The corporate body which is bound with the CONTRACTOR and which engages to be
responsible for the CONTRACTOR and his acceptable performance of the Work.
Technical Specifications: Those portions of the Contract Documents consisting of written
technical descriptions of materials, equipment, construction systems, standards and
workmanship as applied to the Work.
Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks,
tunnels or other such facilities or attachments, and any encasements containing such facilities
which have been installed underground to furnish any of the following services or materials;
electricity, gases, steam, liquid petroleum products, telephone or other communications, cable
television, sewage and drainage removal, traffic or other control systems or water.
Work: Any and all obligations, duties and responsibilities necessary to the successful completion
of the Project assigned to or undertaken by CONTRACTOR under the Contract Documents,
including all labor, materials, equipment and other incidentals, and the furnished thereof.
Written Notice: The term "Notice" as used herein shall mean and include all written notices,
demands, instructions, claims, approvals, and disapprovals required to obtain compliance with
Contract requirements.
ARTICLE 2 - PRELIMINARY MATTERS
Award:
GENERAL CONDITIONS 00 70 00 - 3
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
2.1 The award of the contract, if it is awarded, will be to the lowest and best qualified,
responsible Bidder. Lowest and best qualified responsible bidder is not synonymous with the low
dollar bidder. No Notice of Award will be given until the Owner has concluded such investigations
as he deems necessary to establish the responsibility, qualification and financial ability of the
Bidders to do the Work in accordance with the Contract Documents to the satisfaction of the
Owner within the time prescribed. The OWNER reserves the right to reject the Bid of any Bidder
who does not pass such investigation to the OWNER'S satisfaction. In analyzing Bids, the Owner
may take into consideration alternates and unit prices, if requested by the Bid forms.
Execution of Agreement:
2.2 At least three counterparts of the Agreement and such other Contract Documents,
including bonds, will be executed and delivered by CONTRACTOR to the OWNER within 10
working days or 15 calendar days of receipt of the Notice of Award from the OWNER.
Forfeiture of Bid Security:
2.3 Failure of the successful Bidder to execute and deliver the Agreement and deliver the
required Bonds as stipulated in paragraph 2.2 shall be just cause for the OWNER to annul the
Notice of Award and declare the Bid forfeited.
Contractor's Pre-Start Representations:
2.4 CONTRACTOR represents that he has familiarized himself with, and assumes full
responsibility for having familiarized himself with, the nature and extent of the Contract
Documents, Work, locality, and with all local conditions and federal, state and local laws,
ordinances, rules and regulations that may in any manner affect performance of the Work, and
represents that he has correlated his study and observations with the requirements of the
Contract Documents. CONTRACTOR also represents that he has studied all surveys and
investigation reports of subsurface and latent physical conditions referred to in the Specifications
and made such additional surveys and investigations as he deems necessary for the performance
of the Work at the Contract Price in accordance with the requirements of the Contract Documents
and that he has correlated the results of all such data with the requirements of the Contract
Documents.
Commencement of Contract Time:
2.5 The Contract Time will commence to run on the date identified in the written notification
by the OWNER in the form of the Notice to Proceed.
Starting the Project:
2.6 CONTRACTOR shall start to perform his obligations under the Contract Documents on
the date when the Contract Time commences to run. No Work shall be done at the site prior to
the date on which the Contract Time commences to run, except with the written consent of the
OWNER.
Before Starting Construction:
GENERAL CONDITIONS 00 70 00 - 4
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and
compare the Contract Documents and check and verify pertinent figures shown thereon and all
applicable field measurements. He shall at once report in writing to ENGINEER any conflict, error
or discrepancy which he may discover. Work which is considered to be normal to the construction
industry and should have been anticipated by the CONTRACTOR will not be eligible for
reimbursement by change order.
Schedule of Completion:
2.8 Within ten days after delivery of the Notice to Proceed (but not later than five days prior
to the Commencement of the Contract Time) by OWNER to CONTRACTOR, CONTRACTOR
shall submit to ENGINEER and the OWNER, an estimated progress schedule with earnings
indicating the starting and completion dates of the various stages of the Work, and a preliminary
schedule of Shop Drawing Submissions. No payments shall be made by OWNER to
CONTRACTOR until the estimated progress schedule has been reviewed and approved by the
OWNER. See paragraphs 6.22 through 6.26. The ENGINEER shall review and return this
schedule or require revisions thereto within 14 days of its submittal. Said progress schedule shall
be updated by CONTRACTOR on a monthly basis.
2.9 A pre-construction conference will be held, prior to any work being performed and prior
to the commencement of the Contract Time, to review the above schedules, to establish
procedures for handling Shop Drawings and other submissions and for processing Applications
for Payment, and to establish a working understanding between the parties as to the Project.
Present at the conference will be the OWNER or his representative, ENGINEER, CONTRACTOR
and his Superintendent, and appropriate parties such as private utilities as deemed necessary.
Qualification of Subcontractors Materialmen and Suppliers:
2.10 Within ten working days after bid opening, the CONTRACTOR will (if required) submit
to the OWNER and the ENGINEER for acceptance a list of the names of Subcontractors and
such other persons and organizations (including those who are to furnish principal items of
materials or equipment) proposed for those portions of the Work as to which the identity of the
Subcontractors and other persons and organizations must be submitted as specified in the
Contract Documents. Within thirty working days after receiving the list, the ENGINEER will notify
the CONTRACTOR in writing if either the OWNER or the ENGINEER, after due investigation, has
reasonable objection to any Subcontractor, person or organization on such list. The failure of the
OWNER or the ENGINEER to make objection to any Subcontractor, person or organization on
the list within thirty days of receipt shall constitute an acceptance of such Subcontractor, person
or organization. Acceptance of any such Subcontractor, person or organization shall not
constitute a waiver of any right of the OWNER or the ENGINEER to reject defective Work, material
or equipment, or Work, material or equipment not in conformance with the requirements of the
Contract Documents.
ARTICLE 3 - CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS
3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be
constructed in accordance with the Contract Documents. The Contract Documents comprise the
entire Agreement between the OWNER and the CONTRACTOR. They may be altered only by a
Modification.
GENERAL CONDITIONS 00 70 00 - 5
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
3.2 The Contract Documents are complementary; what is called for by one is as binding as if
called for by all. If CONTRACTOR finds a conflict, error or discrepancy in the Contract
Documents, he shall call it to the ENGINEER'S attention in writing at once and before proceeding
with the Work affected thereby. The ENGINEER shall interpret the meaning of the provision in a
reasonable time frame.
3.3 The words "furnish", "furnish and install", and "provide" or words with similar meaning
shall be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in
place and ready for service".
3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are
essential to produce a complete and properly operating installation, or usable structure or plant,
providing the indicated function, shall be furnished and installed without change in the Contract
Price. Such miscellaneous items and accessories shall be of the same quality standards,
including material, style, finish, strength, class, weight and other applicable characteristics, as
specified for the major component of which the miscellaneous item or accessory is an essential
part, and shall be approved by the ENGINEER before installation. The above requirements are
not intended to include major components not covered by or inferable from the Drawings and
Specifications.
3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in
such a manner as to obtain the best workmanship possible for the entire Project, and all
components of the Work shall be installed or erected in accordance with the best practices of the
particular trade.
3.6 Manufacturer's literature, when referenced, shall be dated and numbered and is intended
to establish the minimum requirements acceptable. Whenever reference is given to codes, or
standard specifications or other data published by regulating agencies or accepted organizations,
including but not limited to National Electrical Code, applicable State Building Code, Federal
Specifications, ASTM Specifications, various institute specifications, and the like, it shall be
understood that such reference is to the latest edition, including addenda in effect on the date of
Bid. However, no provision of any referenced standard specification, manual or code (whether
or not specifically incorporated by reference in the contract documents) shall be effective to
change the duties and responsibilities of the OWNER, CONTRACTOR, or ENGINEER, or any of
their consultants, agents or employees from those set forth in the Contract Documents, nor shall
it be effective to assign to the ENGINEER, or any of the ENGINEER'S consultants, agents or
employees, any duty or authority to supervise or direct the furnishing or performance of the work
or any duty or authority to undertake responsibility contrary to the provisions of these General
Conditions.
3.7 Brand names where used in the technical specifications, are intended to denote the
standard of quality required for the particular material or product. The term "equal" or "equivalent",
when used in connection with brand names, shall be interpreted to mean a material or product
that is similar and equal in type, quality, size, capacity, composition, finish, color and other
applicable characteristics to the material or product specified by trade name, and that is suitable
for the same use and capable of performing the same function, in the opinion of the ENGINEER,
as the material or product so specified. Determination of whether an item is "equal" or "equivalent"
shall be at the discretion of the ENGINEER with the concurrence of the OWNER. Proposed
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equivalent items must be approved by ENGINEER before they are purchased or incorporated in
the Work. Failure of the ENGINEER or the OWNER to find an item "equal" or "equivalent" shall
not entitle the CONTRACTOR to a change in contract price. Approval of an item as "equal" or
"equivalent" shall entitle the OWNER to a credit if use of the approved item results in a savings in
material and/or labor cost to the CONTRACTOR. (When a brand name, catalog number, model
number, or other identification, is used without the phrase "or equal", the CONTRACTOR shall
use the brand specified.)
ARTICLE 4 - AVAILABILITY OF LANDS: SUBSURFACE CONDITIONS; REFERENCE POINTS
Availability of Lands
4.1 The OWNER will furnish, as indicated in Contract Documents, the lands upon which the
Work is to be done, rights-of-way and easements for access thereto, and such other lands which
are designated for the use of the CONTRACTOR. Easements for permanent structures or
permanent changes in existing facilities will be obtained and paid for by the OWNER, unless
otherwise specified in the Contract Documents. Other access to such lands or rights-of-way for
the CONTRACTOR'S convenience shall be the responsibility of the CONTRACTOR. The
CONTRACTOR will provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and equipment. Vertical and horizontal
control reference points are noted in the construction drawings for CONTRACTOR'S use. The
CONTRACTOR shall contact the ENGINEER if he has any questions regarding the vertical and
horizontal controls prior to beginning of construction.
4.2 The ENGINEER furnishes to the BIDDERS data utilized by John A. Pekar, PE, LLC.
These copies are included in the Attachments of these documents for informational purposes
only.
Subsurface Conditions:
4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied
himself as to the conditions affecting the Work, including but not restricted to those bearing upon
transportation, disposal, handling and storage of materials, availability of labor, water, electric
power, roads and uncertainties of weather, river stages, tides, water tables or similar physical
conditions at the site, the conformation and conditions of the ground, the character of equipment
and facilities needed preliminary to and during prosecution of the Work. The CONTRACTOR
further acknowledges that he has undertaken such investigation as is reasonably necessary to
satisfy himself as to the suitability of the site for the project and the character, quality and quantity
of surface and subsurface materials or obstacles to be encountered insofar as this information is
reasonably ascertainable, such investigation to include, without limiting the same, to examination
of all exploratory work done on behalf of the OWNER on the site or any contiguous site, as well
as from information presented by the Drawings and Specifications made a part of this Contract,
or any other information made available to him prior to receipt of Bids. Any failure by the
CONTRACTOR to acquaint himself with the available information will not relieve him from
responsibility for estimating properly the difficulty or cost of successfully performing the Work. The
OWNER and ENGINEER assumes no responsibility for any conclusions or interpretations made
by the CONTRACTOR on the basis of the information made available by the OWNER or
ENGINEER.
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Differing Site Conditions:
4.4 The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the
OWNER and ENGINEER in writing of: (l) subsurface or latent physical conditions at the site that
were not reasonably ascertainable before commencement of the work or contract or differing
materially from those indicated in the Contract Documents, or (2) unknown physical conditions at
the site, of an unusual nature; not reasonably ascertainable by investigation prior to
commencement of the work or contract; or differing materially from those ordinarily encountered
and generally recognized as inherent in work of the character provided for in the Contract
Documents. The OWNER and ENGINEER shall promptly investigate the conditions, and if he
finds that such conditions do materially so differ and cause an increase or decrease in the
Contractor's cost of, or the time required for, performance of any part of the work under the
Contract Documents, whether or not such work is changed as a result of such conditions, an
equitable adjustment shall be made and the contract modified in writing accordingly, provided
such conditions were not known to or reasonably ascertainable by the Contractor as part of a
reasonable investigation of subsurface and surface conditions at the site or contiguous areas.
4.4.1 CONTRACTOR shall not be entitled to any adjustment in the Contract Price or
the Contract Time if:
(a) CONTRACTOR had foreknowledge of the existence of such conditions at the time
CONTRACTOR made a final commitment to OWNER in respect to Contract Price and Contract
Time by the submission of a bid or becoming bound under a negotiated contract; or
(b) The existence of such condition could reasonably have been discovered or revealed
as a result of any reasonable examination, investigation, exploration, test or study of the site and
contiguous areas prior to Contractor's making such final commitment; or
(c) The CONTRACTOR has failed to give the notice required in 4.4 above; provided,
however, the time prescribed therefore may be extended by the OWNER; or
(d) If asserted af
4.4.2 If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the
amount or length of any such equitable adjustment in the Contract Price or Contract Times, a
claim may be made therefore as provided in Articles 11 and 12, provided, however, OWNER and
ENGINEER shall not be liable to CONTRACTOR for any claims, costs, losses or damages
sustained by CONTRACTOR on or in connection with any other project or anticipated project.
Physical Conditions - Underground Facilities:
4.5 The information and data shown or indicated in the Contract Documents with respect to
existing Underground Facilities at or contiguous to the site is based on information and data
furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others.
Unless it is otherwise expressly provided in the Special Conditions:
4.5.1 OWNER and ENGINEER shall not be responsible for the accuracy or
completeness of any such information or data; and,
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4.5.2 CONTRACTOR shall have full responsibility for reviewing and checking all such
information and data, for locating all Underground Facilities shown or indicated in the Contract
Documents, for coordination of the Work with the owners of such Underground Facilities during
construction, for the safety and protection thereof as provided in paragraph 6.19 and repairing
any damage thereto resulting from the Work, the cost of all of which will be considered as having
been included in the Contract Price. No additional compensation will be allowed the
CONTRACTOR because of the existence of utility lines which are not shown on drawings.
4.5.3 If an Underground Facility is uncovered or revealed at or contiguous to the site
which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly
after becoming aware thereof and before further disturbing conditions affected thereby or before
performing any Work in connection therewith (except in an emergency as permitted by paragraph
6.22), identify the owner of such Underground Facility and give written notice to that owner and
to the City of Cape Canaveral Public Works Department and ENGINEER.
4.5.4 ENGINEER will promptly review the Underground Facility and determine the
extent, if any, to which a change is required in the Contract Documents to reflect and document
the consequences of the existence of the Underground Facility.
(a) If ENGINEER concludes that a change in the Contract Documents is required, a
Field Order or a Change Order will be issued as provided in Article 10 to reflect and document
such consequences.
(b) During such time, CONTRACTOR shall be responsible for the safety and protection
of such Underground Facility as provided in paragraph 6.19.
4.5.5 CONTRACTOR shall be allowed an increase in the Contract Price or an extension
of the Contract Times, or both, to the extent that they are reasonably attributable to the existence
of any Underground Facility that was not shown or indicated in the Contract Documents and that
CONTRACTOR did not know of and could not reasonably have been expected to be aware of or
to have anticipated.
4.5.6 If OWNER and CONTRACTOR are unable to agree on entitlement to or the
amount of length of any such adjustment in Contract Price or Contract Times, CONTRACTOR
may make a claim therefore as provided in Articles 11 and 12, provided however, OWNER and
ENGINEER shall not be liable to CONTRACTOR for any claims, costs, losses or damages
incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated
project.
Existing Structures:
4.6 The plans show the locations of all known surface and subsurface structures. However,
the OWNER and ENGINEER assumes no responsibility for failure to show any or all of these
structures on the Plans, or to show them in their exact location. It is mutually agreed that such
failure shall not be considered sufficient basis for claims for additional compensation for extra
work or for increasing the pay quantities in any manner whatsoever, unless the obstruction
encountered is such as to reasonably necessitate changes in the lines or grades, or requires the
building of special work, provisions for which are not made in the Plans and Proposal in which
case the provisions in these Specifications for extra work shall apply.
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ARTICLE 5 - INSURANCE
Contractor's Liability Insurance
5.1 The CONTRACTOR shall provide the OWNER with insurance certificates certifying that
all required insurance is in force; and such insurance certificates shall include provisions that the
insurance shall not be canceled, allowed to expire or be materially changed without giving the
OWNER thirty (30) days advance notice by registered mail.
5.1.1 The Contractor shall maintain during the life of this Contract the statutory Worker's
Compensation, for all of his employees to be engaged in work on the project under this Contract
and, in case any such work is sublet, the Contractor shall require the subcontractor similarly to
provide Worker's Compensation and Employer's Liability Insurance for all of the latter's
employees to be engaged in such work. OWNER shall not be liable for any claim brought against
it arising from CONTRACTOR'S or SUBCONTRACTOR'S failing to maintain Workers'
Compensation Insurance as required by this section. Where work under this contract includes
any water or navigational exposure, coverage shall be included to cover the Federal
Longshoremen's and Harborworker's Act and the Federal Jones Act.
5.1.2 The Contractor shall maintain during the life of this Contract such general liability,
completed operations and products liability, and automobile liability insurance as will provide
coverage for claims for damages for personal injury, including accidental death, as well as for
claims for property damage, which may arise directly or indirectly from performance of that work
under this Contract. The general liability policy should also specifically ensure the contractual
liability assumed by the Contractor. Coverage for property damage shall be on a "broad form"
basis with no exclusions for "XC and U." Amount of insurance to be provided shall be not less
than $2,000,000 for each occurrence. The policies shall be endorsed to cover the OWNER and
the ENGINEER as additional insureds. OWNER shall not be liable for any claim brought against
it arising from CONTRACTOR'S or SUBCONTRACTOR'S failing to maintain liability insurance as
required by this section.
Where applicable, the Contractor shall purchase and maintain adequate flood insurance
coverage for work within designated flood hazard areas as defined by Public Law 93-234 (Flood
Disaster Protection Act).
In the event any work under this Contract is performed by a Subcontractor, the
Contractor shall be responsible for any liability directly or indirectly arising out of the Work
performed under this Contract by a Subcontractor, which liability is not covered by the
subcontractor's insurance.
5.2 The CONTRACTOR agrees that if any part of the Work under the Contract is sublet, he
will require the Subcontractor(s) to furnish to him insurance certificates similar to those required
by the OWNER in 5.1 above.
Cancellation and Re-Insurance:
5.3 If any insurance should be canceled or changed by the insurance company or should any
insurance expire during the period of this Contract, the CONTRACTOR shall be responsible for
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securing other acceptable insurance to provide the coverage specified in this section to maintain
continuous coverage during the life of this Contract.
Article 6 - CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendent:
6.1 The CONTRACTOR will supervise and direct the Work. He will be solely responsible for
the means, methods, techniques, sequences and procedures of construction. The
CONTRACTOR will employ and maintain on the Work a qualified supervisor or superintendent
who shall have been designated in writing by the CONTRACTOR as the CONTRACTOR'S
representative at the site. The supervisor shall have full authority to act on behalf of the
CONTRACTOR and all communications given to the supervisor shall be as binding as if given to
the CONTRACTOR. The supervisor shall be present on the site at all times as required to perform
adequate supervision and coordination of the Work. (Copies of written communications given to
the Superintendent shall be mailed to the Contractor's home office.)
Labor, Materials and Equipment:
6.2 The CONTRACTOR will provide competent, suitably qualified personnel to survey and
lay out the Work and perform construction as required by the Contract Documents. He will at all
times maintain good discipline and order at the site. Except in connection with the safety or
protection of persons or the Work or property at the site or adjacent thereto, and except as
otherwise indicated in the Contract Documents, all Work at the site shall be performed during
regular working hours, and CONTRACTOR will not permit overtime work or the performance of
Work on Saturday, Sunday or any legal holiday, observed by the City of Cape Canaveral, without
the OWNER'S written consent.
6.3 The CONTRACTOR will furnish all materials, equipment, labor, transportation,
construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone,
water and sanitary facilities and all other facilities and incidentals necessary for the execution,
testing, initial operation and completion of the Work.
All material stored on the job site shall remain the responsibility of the CONTRACTOR until
incorporated into the work. The OWNER will not reimburse the CONTRACTOR for materials lost,
stolen, or damaged while stored on the job site.
6.4 All materials and equipment will be new. When special makes or grades of material which
are normally packaged by the supplier or manufacturer are specified or approved, such materials
shall be delivered to the site in their original packages or container with seals unbroken and labels
intact.
6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned
and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or
processors, except as otherwise provided in the Contract Documents.
Materials, Equipment, Products, and Substitutions:
6.6 Materials, equipment and products incorporated in the Work must be approved for use
before being purchased by the CONTRACTOR. The CONTRACTOR shall submit to the
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ENGINEER and the OWNER a list of proposed materials, equipment or products, together with
such samples as may be necessary for him to determine their acceptability and obtain his
approval, within ninety calendar days after award of Contract unless otherwise stipulated in the
Special Conditions. No request for payment for "or equal" equipment will be approved until this
list has been received and approved by the ENGINEER.
6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings
or Specifications by reference to brand name or catalogue number, it shall be understood that
this is referenced for the purpose of defining the performance or other salient requirements, and
that other products of equal capacities, quality and function may be considered. The
CONTRACTOR may request the substitution of a material, article, or piece of equipment of equal
substance and function for those referred to in the Contract Documents by reference to brand
name or catalogue number, and if, in the opinion of the ENGINEER and OWNER, such material,
article, or piece of equipment is of equal substance and function to that specified, the ENGINEER
with concurrence of the OWNER, may approve its substitution and use by the CONTRACTOR.
Incidental changes or extra component parts required to accommodate the substitute will be made
by the CONTRACTOR without an increase in the Contract Price or Contract Time. The
CONTRACTOR shall reimburse the OWNER for charges of the ENGINEER and ENGINEER'S
consultants for evaluating each proposed substitution. These costs shall include transportation
to operating installation at factories, etc.
6.6.2 No substitute shall be ordered or installed without the written approval of the
ENGINEER with the OWNER'S concurrence.
6.6.3 Delay caused by obtaining approvals for substitute materials will not be considered
justifiable grounds for an extension of construction time.
6.6.4 Should any work or materials, equipment or products not conform with
requirements of the Drawings and Specifications or become damaged during the progress of the
Work, such Work or materials shall be removed and replaced, together with any work disarranged
by such alterations, at any time before completion and acceptance of the Project. All such work
shall be done at the expense of the CONTRACTOR.
6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR
or by any Subcontractor subject to any chattel mortgage or under a conditional sale or other
agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that he
has good title to all materials and supplies used by him in the Work.
Concerning Subcontractors:
6.7 The CONTRACTOR will not employ any Subcontractor, other person or organization of
the types referred to in paragraph 2.10 (whether initially or as a substitute) against whom the
OWNER or the ENGINEER may have reasonable objection, nor will the CONTRACTOR be
required to employ any Subcontractor against whom he has reasonable objection. The
CONTRACTOR will not make any substitution for any Subcontractor who has been accepted by
the OWNER and the ENGINEER, unless the OWNER and ENGINEER determines that there is
good cause for doing so.
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6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of his
Subcontractors and of persons and organizations directly or indirectly employed by them and of
persons and organizations for whose acts any of them may be liable to the same extent that he
is responsible for the acts and omissions of persons directly employed by him. Nothing in the
Contract Documents shall create any contractual relationship between OWNER or ENGINEER
and any Subcontractor or other person or organization having a direct contract with
CONTRACTOR, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or
to see to the payment of any moneys due any Subcontractor or other person or organization.
OWNER or ENGINEER may furnish to any Subcontractor or other person or organization, to the
extent practicable, evidence of amounts paid to CONTRACTOR on account of specific Work done
in accordance with the schedule of values.
6.9 The divisions and sections of the Specifications and the identifications of any Drawings
shall not control the CONTRACTOR in dividing the Work among Subcontractors or delineating
the Work to be performed by any specific trade.
6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable
terms and conditions of the Contract Documents for the benefit of the OWNER.
6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to any
appropriate agreement between the CONTRACTOR and the Subcontractor.
6.12 The CONTRACTOR shall be responsible for the coordination of the trades,
Subcontractors and materialmen engaged on this project.
6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all
subcontracts relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of
these General Conditions and other Contract Documents insofar as applicable to the Work of
Subcontractors, and to give the CONTRACTOR the same power as regards terminating any
subcontract that the OWNER may exercise over the CONTRACTOR under any provisions of the
Contract Documents.
6.12.2 The OWNER or ENGINEER will not undertake to settle any differences between
the CONTRACTOR and his Subcontractors or between Subcontractors.
6.12.3 If in the opinion of the OWNER or ENGINEER, any Subcontractor on the Project
proves to be incompetent or otherwise unsatisfactory, the Contractor shall replace such
Subcontractor if and when directed to do so by the Owner or Engineer in writing.
Patent Fees and Royalties:
6.13 The CONTRACTOR will pay all license or permit fees and royalties and assume all costs
incident to the use of any invention, design, process or device which is the subject of patent rights
or copyrights held by others. He will indemnify and hold harmless the OWNER and ENGINEER
and anyone directly or indirectly employed by either of them from and against all claims, damages,
losses and expenses (including attorneys' fees) arising out of any infringement of such rights
during or after completion of the Work, and shall defend all such claims in connection with any
alleged infringement of such rights.
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6.14 The CONTRACTOR shall be responsible for determining the application of patent rights
and royalties on materials, appliances, articles or systems prior to bidding. However, he shall not
be responsible for such determination on systems which do not involve purchase by him of
materials, appliances and articles.
Permits:
6.15 The CONTRACTOR will secure and pay for all construction permits and licenses and
will pay all governmental charges and inspection fees necessary for the prosecution of the Work,
which are applicable at the time of his Bid. The OWNER shall assist the CONTRACTOR, when
necessary, in obtaining such permits and licenses. The CONTRACTOR will also pay all public
utility charges. The Contractor shall be responsible for obtaining St. Johns River Water
Management District (SJRWMD) dewatering permits as required. CONTRACTOR shall be
responsible for complying with the rules and regulations of the SJRWMD, Florida Department of
Environmental Regulation, United States Environmental Protection Agency and any other
regulatory agency having jurisdiction over this project. The permit responsibility includes fines
imposed by the permitting agency for failure to comply with applicable regulations. The
CONTRACTOR shall maintain copies of all permits with all conditions, attachments, exhibits, and
permit modifications in good condition, and post these permits at a safe location on the
construction site.
Laws and Regulations:
6.16 The CONTRACTOR will give all notices and comply with all laws, ordinances, rules and
regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or
Drawings are at variance therewith, he will give the ENGINEER prompt written notice thereof, and
any necessary changes shall be adjusted by an appropriate Modification. If the CONTRACTOR
performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and
without such notice to the ENGINEER, he will bear all costs arising therefrom.
Taxes:
6.17 Cost of all sales and other taxes for which the CONTRACTOR is liable under the
Contract shall be included in the Contract Price stated by the CONTRACTOR.
Record Drawings:
6.18 The CONTRACTOR will keep one record copy of all Specifications, Drawings, Addenda,
Modifications, and Shop Drawings at the site in good order and annotated to show all changes
made during the construction process. These shall be available to the ENGINEER and shall be
delivered to him for the OWNER upon completion of the project. It shall be used for this purpose
only. Final acceptance of the project will be withheld until approval of the documents is made by
the OWNER.
Safety and Protection:
6.19 The CONTRACTOR will be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. He will take all necessary
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precautions for the safety of, and will provide the necessary protection to prevent damage, injury
or loss to:
6.19.1 All employees on the Work and other persons who may be affected thereby,
6.19.2 All the Work and all materials or equipment to be incorporated therein, whether
in storage on or off the site, and
6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns,
roadways, structures and utilities not designated for removal, relocation or replacement in the
course of construction.
6.20 The CONTRACTOR will designate a responsible member of his organization at the site
whose duty shall be the prevention of accidents. This person shall be the CONTRACTOR'S
superintendent unless otherwise designated in writing by the CONTRACTOR to the OWNER.
6.21 Maintenance and Protection of Traffic: A Maintenance and Protection of Traffic Plan
(MOT) shall be presented for approval by the City of Cape Canaveral and ENGINEER.
The MOT shall be developed in accordance with safety standards as required by Florida
Department of Transportation.
Penalty: If any violation of the MOT becomes apparent a MOT deduction of $300 per incident
per day shall be levied.
Emergencies:
6.22 In emergencies affecting the safety of persons or the Work or property at the site or
adjacent thereto, the CONTRACTOR, without special instruction or authorization from the
ENGINEER or the OWNER, is obligated to act, at his discretion, to prevent threatened damage,
injury or loss. If the CONTRACTOR believes that additional work done by him in an emergency
which arose from causes beyond his control entitles him to an increase in the Contract Price or
an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and
12.
Shop Drawings and Samples:
6.23 After checking and verifying all field measurements, the CONTRACTOR will submit to
the ENGINEER and the OWNER for review, in accordance with the accepted schedule of Shop
Drawing submissions (see paragraph 2.8) copies (or at the ENGINEER'S option, one reproducible
copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of
the CONTRACTOR. The data shown on the Shop Drawings will be complete with respect to
dimensions, design criteria, materials of construction and the like to enable the ENGINEER to
review the information as required.
6.24 The CONTRACTOR will also submit to the ENGINEER for review, with such promptness
as to cause no delay in Work, all samples required by the Contract Documents. All samples will
have been checked by and stamped with the approval of the CONTRACTOR, identified clearly
as to material, manufacturer, any pertinent catalog numbers and the use for which intended.
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6.25 At the time of each submission, the CONTRACTOR will in writing call the ENGINEER'S
attention to any deviations that the Shop Drawings or sample may have from the requirements of
the Contract Documents.
6.26 The ENGINEER will review with reasonable promptness Shop Drawings and samples,
but his review shall be only for conformance with the design concept of the Project and for
compliance with the information given in the Contract Documents. The review of a separate item
as such will not indicate review of the assembly in which the item functions. The CONTRACTOR
will make any corrections required by the ENGINEER and will return the required number of
corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to
the ENGINEER. The CONTRACTOR shall direct specific attention in writing or on resubmitted
Shop Drawings to revisions other than the corrections called for by the ENGINEER on previous
submissions. The CONTRACTOR'S stamp of approval on any Shop Drawings or sample shall
constitute a representation to the OWNER and the ENGINEER that the CONTRACTOR has either
determined and verified all quantities, dimensions, field construction criteria, materials, catalogue
numbers and similar data or he assumes full responsibility for doing so, and that he has reviewed
or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract
Documents. Shop Drawings submitted without the CONTRACTOR'S stamp or specific written
indication will be returned without action. Shop Drawings and submittal data will be reviewed two
times, thereafter all further review time will be charged to the CONTRACTOR.
6.27 No work requiring a Shop Drawing or sample submission shall be commenced until the
submission has been reviewed and approved by the ENGINEER. A copy of each Shop Drawing
and each approved sample shall be kept in good order by the CONTRACTOR at the site and
shall be available to the ENGINEER.
6.28 The ENGINEER'S review of Shop Drawings or samples shall not relieve the
CONTRACTOR from his responsibility for any deviations from the requirements of the Contract
Documents unless the CONTRACTOR has in writing called the ENGINEER'S attention to such
deviation at the time of submission and the ENGINEER has given written approval to the specific
deviation, nor shall any review by the ENGINEER relieve the CONTRACTOR from responsibility
for errors or omissions in the Shop Drawings.
Cleaning Up:
6.29 Site. The CONTRACTOR shall clean up behind the Work as much as is reasonably
possible as the Work progresses. Upon completion of the Work, and before acceptance of and
final payment for the Project by the OWNER, the CONTRACTOR shall remove all his surplus and
discarded materials, excavated material and rubbish from the roadways, fields, lawns and all
adjacent property; shall restore all property, both public and private, which has been disturbed or
damaged during the prosecution of the Work; and shall leave the whole in a neat and presentable
condition.
6.30 Work. Clean-up operations shall consistently be carried on by the CONTRACTOR at all
times to keep the construction site free from accumulation of waste materials and rubbish. Upon
completion of the Work he shall remove all rubbish, tools, surplus materials, etc., from the site
and shall leave his work "broom clean", or its equivalent, unless more exactly specified elsewhere
in the Contract.
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6.31 General. In case of dispute, the OWNER may remove the rubbish and charge the cost
to the CONTRACTOR.
Public Convenience and Safety:
6.32 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure
the least practicable obstruction to public travel. The convenience of the general public and of
the residents along and adjacent to the area of the Work shall be provided for in a satisfactory
manner, consistent with the operation and local conditions. "Street Closed" signs shall be placed
immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands.
At any time that streets are required to be closed, Contractor shall obtain approval to close the
street from the City of Cape Canaveral, Florida D.O.T. and/or the local municipality. The
CONTRACTOR shall notify law enforcement agencies, fire departments, and parties operating
emergency vehicles before the street is closed and again as soon as it is opened. Approval from
the City of Cape Canaveral shall be coordinated through the office of the Director of the Public
Works Department including notification of the news media and affected property owners. Access
to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all
times. Traffic paths shall be maintained for local traffic in accordance with the M.O.T. Plan.
Sanitary Provisions:
6.33 The CONTRACTOR shall furnish necessary toilet conveniences, secluded from public
observation, for use of all personnel on the Work, whether or not in his employ. They shall be
kept in a clean and sanitary condition and shall comply with the requirements and regulations of
the Public Authorities having jurisdiction. He shall commit no public nuisance. Temporary
sanitary facilities shall be removed upon completion of the Work and the premises shall be left
clean.
Indemnification:
6.34 The CONTRACTOR will indemnify and hold harmless the OWNER and the ENGINEER
and their agents and employees and interested third parties from and against all claims, damages,
losses and expenses direct, indirect or consequential, including but not limited to fees and
charges of engineers, architects, attorneys and other professionals and court costs arising out of
or resulting from the performance of the Work, provided that any such claim, damage, loss or
expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction
of tangible property (other than Work itself) including the loss of use resulting therefrom and (b)
is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any
Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, regardless of whether or not it is caused in part by a party indemnified
hereunder.
6.35 In any and all claims against the OWNER or the ENGINEER or any of their agents or
employees, by any employee of the CONTRACTOR, any Subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable, the
indemnification obligation under paragraph 6.33 shall not be limited in any way by any limitation
on the amount or type of damages, compensation or benefits payable by or for the
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CONTRACTOR or any Subcontractor under worker's compensation acts, disability benefit acts
or other employee benefit acts.
6.36 The obligations of the CONTRACTOR under paragraph 6.34 shall not extend to the
liability of the Engineer's negligent acts, errors or omissions or those of his employees or agents.
6.36.1 It is specifically agreed by the Contractor and Owner that consideration has been
paid for these indemnification and hold harmless provisions articulated in Articles 6.33 - 6.35.
Responsibility for Connecting to Existing Work:
6.37 It shall be the express responsibility of the CONTRACTOR to connect his Work to each
part of the existing work or work previously installed as required by the Drawings and
Specifications to provide a complete installation.
Work in Street, Highway and Other Rights-Of-Way:
6.38 Excavation, grading, fill, storm drainage, and any other construction or installations in
rights-of-way of streets, highways, public carrier lines, utility lines (either aerial, surface or
subsurface), etc., shall be done in accordance with requirements of these Specifications and
authorities having jurisdiction. The CONTRACTOR will be responsible for obtaining all permits
necessary for the work. Upon completion of the Work, CONTRACTOR shall present to
ENGINEER certificates, in triplicate, from the proper authorities stating that the Work has been
done in accordance with their requirements.
6.38.1 The OWNER will cooperate with the CONTRACTOR in obtaining action from
any utilities or public authorities involved in the above requirements.
Cooperation with Governmental Departments, Public Utilities, Etc.:
6.39 The CONTRACTOR shall be responsible for making all necessary arrangements with
governmental departments, public utilities, public carriers, service companies and corporations
owning or controlling roadways, railways, water, sewer, gas, electrical, cable television,
telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits,
poles, guys, etc., including incidental structures connected therewith, that are encountered in the
Work in order that such items may be properly shored, supported and protected, or the
CONTRACTOR may relocate them with Utility Owner's approval, if he so desires. The
CONTRACTOR shall give proper notices, shall comply with requirements of such parties in the
performance of his Work, shall permit entrance of such parties on the Project in order that they
may perform their necessary work, and shall pay all charges and fees made by such parties for
this work.
6.39.1 The CONTRACTOR'S attention is called to the fact that there may be delays on
the Project due to work to be done by governmental departments, public utilities, and others in
repairing or moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above
parties, in every way possible, so that the construction can be completed in the least possible
time.
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6.39.2 The CONTRACTOR shall have made himself familiar with all codes, laws,
ordinances and regulations which in any manner affect those engaged in the Work, or materials
and equipment used in or upon the Work, or in any way affect the conduct of the Work, and no
plea of misunderstanding will be considered on account of his ignorance thereof.
Use of Premises:
6.40 CONTRACTOR shall confine his apparatus, storage of materials, and operations of his
workmen to limits indicated by law, ordinances, permits, and directions of the OWNER'S
REPRESENTATIVE, and shall not unnecessarily encumber any part of the site.
6.40.1 CONTRACTOR shall not overload or permit any part of any structure to be
loaded with such weight as will endanger its safety, nor shall he subject any part of the Work to
stresses or pressures that will endanger it.
6.40.2 CONTRACTOR shall enforce the OWNER'S instructions in connection with
signs, advertisements, fires and smoking.
6.40.3 CONTRACTOR shall arrange and cooperate with OWNER in routing and parking
of automobiles of his employees, Subcontractors and other personnel, and in routing material
delivery trucks and other vehicles to the Project site.
Protection of Existing Property Improvements:
6.41 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks,
pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not
indicated on the Drawings or noted in the Specifications as being removed or altered shall be
protected from damage during construction of the Project. Any such improvements damaged
during construction of the Project shall be restored to a condition equal, or better, to that existing
at time of award of Contract.
ARTICLE 7 - WORK BY OTHERS
7.1 The OWNER may perform additional work related to the Project by himself, or he may let
other direct contracts therefore which shall contain General Conditions similar to these. The
CONTRACTOR will afford the other contractors who are parties to such direct contracts (or the
OWNER, if he is performing the additional work himself), reasonable opportunity for the
introduction and storage of materials and equipment and the execution of work, and shall properly
connect and coordinate his Work with theirs.
7.2 If the proper execution or result of any portion of the Contractor's work is dependent on
the work of any other contractor (or the Owner), the Contractor will promptly notify the Owner's
Representative in writing of any defects or deficiencies in the work of such other contractor which
prevents the proper execution of work or result by the Contractor.
7.3 The CONTRACTOR will do all cutting, fitting, and patching of his Work that may be
required to make its several parts come together properly and fit it to receive or be received by
such other work. The CONTRACTOR will not endanger any work of others by cutting, excavating
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or otherwise altering their work and will only cut or alter their work with the written consent of the
ENGINEER any of the other contractors whose work will be affected.
7.4 If the performance of additional work by other contractors or the OWNER is not noted in
the Contract Documents prior to the execution of the Contract, written notice thereof shall be given
to the CONTRACTOR prior to starting any such additional work. If the CONTRACTOR believes
that the performance of such additional work by the OWNER or others involves him in additional
expense or entitles him to an extension of the Contract Time, he may make a claim therefore as
provided in Articles 11 and 12.
7.5 Where practicable, the CONTRACTOR shall build around the work of other separate
Contractors.
7.6 Cooperation is required in the use of site facilities and in the detailed execution of the
Work. The CONTRACTOR shall coordinate his operations with those of any other
CONTRACTORS for the best interest of the Work in order to prevent delay in the execution
thereof.
7.7 The CONTRACTOR shall keep himself informed of the progress of the work of other
Contractors. Should lack of progress or defective workmanship on the part of other Contractors
interfere with his operations, the CONTRACTOR shall notify the OWNER'S REPRESENTATIVE
immediately. Lack of such notice to the OWNER'S REPRESENTATIVE will be construed as
acceptance by the CONTRACTOR of the status of the work of other Contractors as being
satisfactory for proper coordination of his own Work.
7.8 CONTRACTOR shall give notices of the progress of his work so as to allow other
contractors adequate opportunity to properly direct and coordinate their work. All such notices
shall be submitted to the OWNER'S REPRESENTATIVE with copies to other Contractors on the
Project Site sufficiently ahead of job progress to permit adequate time for the other Contractors
to coordinate their work.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.1 The OWNER will issue all communications to the CONTRACTOR through the ENGINEER
or OWNER'S REPRESENTATIVE.
8.2 In case of termination of the employment of the ENGINEER, the OWNER will appoint an
engineer against whom the CONTRACTOR makes no reasonable objection, whose status under
the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with
such appointment shall be subject to arbitration, if mutually agreeable.
8.3 The OWNER will furnish the data required of him under the Contract Documents promptly
and shall make payments to the CONTRACTOR promptly after they are due as provided in Article
14.
8.4 OWNER'S duties in respect of providing lands and easements and providing engineering
surveys to establish reference points are set forth in paragraphs 4.1, 4.4 and the Special
Conditions. Paragraph 4.2 refers to ENGINEER'S identifying and making available to
CONTRACTOR copies of surveys and investigation reports of subsurface and latent physical
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conditions at the site or otherwise affecting performance of the Work which have been relied upon
by ENGINEER in preparing the Drawings and Specifications.
8.5 The OWNER'S responsibilities in respect of liability and property insurance are set forth
in Article 5.
8.6 In addition to his rights to request changes in the Work in accordance with Article 10, the
OWNER (especially in certain instances as provided in paragraph 10.4) will be obligated to
execute Change Orders.
8.7 In connection with the OWNER'S right to stop Work or suspend Work, see paragraph
15.1. Paragraph 15.4 deals with the OWNER'S right to terminate services of the CONTRACTOR
under certain circumstances.
8.8 The OWNER shall have the right to take possession of and use any completed or partially
completed portions of the Work, notwithstanding the fact that the time for completing the entire
Work or any portion thereof may not have expired; but such taking possession and use shall not
be deemed an acceptance of any Work not completed in accordance with the Contract
Documents. If such prior use increases the cost of or delays the Work, the CONTRACTOR shall
be entitled to such extra compensation or extension of time or both, except by prior agreement,
as the ENGINEER may determine. See paragraph 14.11.
8.9 OWNER'S responsibility in respect of certain inspections, tests and approvals is set forth
in paragraphs 9.5 and 9.6.
ARTICLE-9 - ENGINEER'S STATUS DURING CONSTRUCTION
Owner's Representative:
9.1 The OWNER'S Engineer or the ENGINEER (if specifically designated) shall be the
OWNER'S REPRESENTATIVE during the construction period. The duties and responsibilities
and the limitations of authority of the ENGINEER as one of the OWNER'S REPRESENTATIVES
during construction are set forth in Articles 1 through 17 of these General Conditions and shall
not be extended without written consent of the OWNER and the ENGINEER.
9.1.1 The ENGINEER's decision with the consent of the designated representative of
the City of Cape Canaveral in matters relating to aesthetics, shall be final, if within the terms of
the Contract Documents.
9.1.2 Except as may be otherwise provided in the Agreement or elsewhere in the Contract
Documents, all claims, counter-claims, disputes and other matters in question between the
OWNER and the Contractor arising out of or relating to the Agreement or the breach thereof will
be decided in a court of competent jurisdiction of Brevard County, Florida.
Visits to Site:
9.2 The ENGINEER will make periodic visits to the site to observe the progress and quality
of the executed Work and to determine, in general, if the Work is proceeding in accordance with
the Contract Documents. He will not be required to make continuous on-site observations to
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check the quality or quantity of the Work. His efforts will be directed toward ascertaining on behalf
of the OWNER that the completed Project will conform to the requirements of the Contract
Documents. On the basis of his on-site observations as an experienced and qualified design
professional, he will keep the OWNER informed of the progress of the Work and will endeavor to
guard the OWNER against defects and deficiencies in the Work.
Clarifications and Interpretations:
9.3 The ENGINEER will issue with reasonable promptness such written clarifications or
interpretations of the Contract Documents (in the form of Drawings or otherwise) as he may
determine necessary, which shall be consistent with or reasonably inferable from the overall intent
of the Contract Documents. If the CONTRACTOR believes that a written clarification and
interpretation entitles him to an increase in the Contract Price or extension of Contract Time, he
may make a claim therefore as provided in Articles 11 and 12.
Measurement of Quantities:
9.4 All Work completed under the Contract will be measured by the ENGINEER'S or
OWNER'S REPRESENTATIVE or PROJECT REPRESENTATIVE according to the United States
Standard Measures. All linear surface measurements will be made horizontally or vertically as
required by the item measured.
Rejecting Defective Work:
9.5 The ENGINEER, OWNER'S REPRESENTATIVE or PROJECT REPRESENTATIVE will
have authority to disapprove or reject Work which is "defective" (which term is hereinafter used
to describe Work that is unsatisfactory, faulty or defective, or does not conform to the
requirements of the Contract Documents or does not meet the requirements of any inspection,
test or approval referred to in the Contract Documents, or has been damaged prior to final
acceptance). They will also have authority to require special inspection or testing of the Work as
they may individually or severally deem necessary, whether or not the Work is fabricated, installed
or completed.
Correction of Defective Work:
9.6 Upon presentation of a Defective Work Notice to the Contractor's Representative from
the OWNER'S REPRESENTATIVE, the contractor shall have fourteen days to begin corrective
action and repairs. If the Contractor believes that the necessary corrective action should not
begin at the end of that fourteen day period, he shall submit to the OWNER, with a copy to the
OWNER'S ENGINEER, a schedule for review with an explanation for not wanting to comply with
the fourteen day requirement. The OWNER shall determine if the Contractor's request is valid,
and shall reply to the Contractor. If the Contractor refuses to comply with the fourteen day
requirement (or an agreed upon schedule), the OWNER has the right to do either (or more) of the
following:
1. The OWNER has the right to correct any work so performed by the CONTRACTOR
and deduct the expenses for doing so from the final payment due the CONTRACTOR, or
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2. The OWNER will hold back final payment due CONTRACTOR until such time as the
work is completed to the satisfaction of the designated representative of the City of Cape
Canaveral Public Works
designated representative of the City of Cape Canaveral Public Works Department shall have the
sole discretion to determine if the work is satisfactory and in compliance with specifications.
The remedies contained herein are not exclusive and the OWNER reserves the right to pursue
any and all other remedies it deems applicable.
Shop Drawings, Change Orders and Payments:
9.7 In connection with the ENGINEER's responsibility as to Shop Drawings and samples, see
paragraphs 6.23 through 6.28, inclusive.
9.8 In connection with the ENGINEER's responsibility for Change Orders, see Articles 10, 11
and 12.
9.9 In connection with the ENGINEER'S responsibilities in respect to Application for Payment,
etc., see Article 14.
Article 10 - CHANGES IN THE WORK
10.1 Without invalidating the Agreement, the City of Cape Canaveral may, at any time or from
time to time, order additions, deletions or revisions in the Work. Upon request of the designated
representative of the City of Cape Canaveral Public Works Department, or at the request of the
ENGINEER with the concurrence of the designated representative of the City of Cape Canaveral
Public Works Department, the ENGINEER shall issue a Request for Proposal to the
CONTRACTOR detailing the proposed additions, deletions or revisions to the Work. The
CONTRACTOR shall provide a binding proposal to the ENGINEER for the items requested. This
proposal shall include any increases or decreases in Contract Time or Contract Price and shall
include any additional modifications required by virtue of the requested change, whether or not
such additional modifications were specifically identified in the Request for Proposal. The
ENGINEER shall review the Proposal and submit it together with his comments to the designated
representative of the City of Cape Canaveral Public Works Department. The designated
representative of the City of Cape Canaveral Public Works Department shall then instruct the
ENGINEER to 1) modify the Request for Proposal, or 2) withdraw the Request for Proposal, or 3)
issue a Field Order directing the CONTRACTOR to perform the additions, deletions or revisions
covered by the Proposal, under provision that the proposed additions, deletions or revisions do
not warrant modifications to Contract Price or Contract Time, or 4) issue a Change Order directing
the CONTRACTOR to perform the additions, deletions, or revisions covered by the Proposal,
under provision that the proposed additions, deletions, or revisions do warrant modifications to
Contract Price or Contract Time. The modifications in the Work, Contract Price, or Contract Time
covered in the Change Order shall be incorporated and approved by the CITY OF CAPE
CANAVERAL, OWNER and ENGINEER prior to the commencement of Work and incorporation
into the Final Payment. Acceptance of the Final Payment by the CONTRACTOR shall constitute
acknowledgment by the CONTRACTOR that all payments due for modifications required under
Change Orders have been incorporated into the Final Payment.
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10.2 The ENGINEER with the OWNER'S approval may authorize minor changes or
alterations in the Work not involving extra cost and not inconsistent with the overall intent of the
Contract Documents. These shall be accomplished by a Field Order. If the CONTRACTOR
believes that any minor change or alterations authorized by the ENGINEER or OWNER entitles
him to an increase in the Contract Price or extension of Contract Time, he shall treat the Field
Order as a Request for Proposal and issue a Proposal for the changes in Contract Price and
Contract Time prior to proceeding with the Work covered in the Field Order. The procedures
outlined in paragraph 10.1 shall then be followed.
10.3 Additional Work performed by the CONTRACTOR without authorization of a Change
Order will not entitle him to an increase in the Contract Price or an extension of the Contract Time,
except in the case of an emergency as provided in paragraph 6.22 and except as provided in
paragraphs 10.1 and 10.2.
10.4 The OWNER will execute OWNER approved, appropriate Change Orders prepared by
the ENGINEER covering changes in the Work to be performed as provided in paragraphs 10.1
and 10.2, and Work performed in an emergency as provided in paragraph 6.22, and any other
claim of the CONTRACTOR for a change in the Contract Time or the Contract Price which is
approved by the OWNER and the ENGINEER.
10.5 It is the CONTRACTOR'S responsibility to notify his surety of any and all changes
affecting the general scope of the Work or change in the Contract Price and the amount of the
applicable bonds shall be adjusted accordingly. The CONTRACTOR will furnish proof of notice
to the Surety and proof of such adjustment to the OWNER before any change order takes effect
or becomes enforceable against the OWNER.
ARTICLE 11 - CHANGE OF CONTRACT PRICE
11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR
for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by
the CONTRACTOR shall be at his expense without changing the Contract Price.
11.2 (a) The designated representative of the City of Cape Canaveral Public Works
Department may, at any time, without notice to the sureties, by Field Order pursuant to a Proposal
from the Contractor or by written order directed or indicated to be a Change Order, make any
change in the Work within the general scope of the contract, including but not limited to changes:
(l) in the specifications (including drawings and designs);
(2) in the Owner-furnished facilities, equipment, materials, services or site; or
(3) directing acceleration in the performance of the work.
(b) Any other written order (which terms as used in this paragraph (b) shall include
direction, instruction, interpretation or determination) from the OWNER or ENGINEER, which
causes any such change shall be treated as a Change Order under this clause, provided that the
CONTRACTOR shall follow the procedures outlined in paragraph 10.1.
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(c) Except as herein provided, no order, statement, or conduct of the OWNER or
ENGINEER shall be treated as a change under this clause or entitle the Contractor to an equitable
adjustment hereunder.
11.3 The value of any Work covered by a Change Order or of any claim for an increase or
decrease in the Contract Price shall be determined in one of the following ways to be chosen by
the OWNER.
11.3.1 Where the Work involved is covered by unit prices contained in the Contract
Documents, by application of unit prices to the quantities of the items involved. Should the
quantity of Work be significantly increased or decreased from that stipulated in the Contract
Documents, the OWNER or the CONTRACTOR may request adjustment of the unit price(s) by
negotiation.
11.3.2 By negotiated lump sum based on reasonable price for work performed.
ARTICLE 12 - CHANGE OF THE CONTRACT TIME; NO DAMAGES FOR DELAY
12.1 The CONTRACT Time may only be changed by Change Order. Any claim for an
extension in the Contract Time shall be based on written notice delivered to the OWNER and
ENGINEER within ten days of the occurrence of the event giving rise to the claim. Notice of the
extent of the claim with supporting data shall be delivered within forty-five days of such occurrence
unless ENGINEER allows an additional period of time to ascertain more accurate data. Any
change in the Contract Time resulting from any such claim shall be incorporated in a Change
Order.
12.2 The CONTRACT Time will be extended in an amount equal to time lost due to delays
beyond the control of CONTRACTOR if he makes a claim therefore as provided in paragraph
12.1. Delays beyond the CONTRACTOR's control are: acts or neglect by any separate contractor
employed by OWNER, fires, floods, labor disputes, epidemics, abnormal weather conditions, or
acts of God.
12.3 The CONTRACTOR shall not be entitled to any claim for damages for delay including,
but not limited to, loss of profits, loss of use, home office overhead expenses, equipment rental
and similar costs, on account of delays in the progress of the Work from any cause whatsoever
including an act or neglect of the OWNER or ENGINEER, or of an employee of either, or of a
separate CONTRACTOR employed by the OWNER, or by changes ordered in the Work, or by
labor disputes, fire, adverse weather conditions, unusual delay in deliveries, unusual delay in
procuring permits, differing site conditions, unavoidable casualties or other causes beyond the
CONTRACTOR's control, or by delay authorized by the OWNER, or by other causes which the
ENGINEER determines may justify delay. The CONTRACTOR's recovery of damages, and sole
remedy for any delay caused by the OWNER/ENGINEER shall be a reasonable extension of time
on the Contract as determined by the ENGINEER. If the CONTRACTOR wishes to make claim
for an increase in the Contract time, written notice of such claim shall be made to the
OWNER/ENGINEER within ten (10) days of the event giving rise to such claim, as provided in
12.1.
12.4 All time limits stated in the Contract Documents are of the essence of the Agreement.
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ARTICLE 13 - GUARANTY; TESTS AND INSPECTION
Guaranty
13.1 The CONTRACTOR shall guarantee all materials and equipment furnished and Work
performed for a period of one (l) year from the date when final payment becomes due. The
CONTRACTOR warrants and guarantees for a period of one (l) year from the date when final
payment becomes due that the completed system is free from all defects due to faulty materials
or workmanship and the CONTRACTOR shall promptly make such corrections as may be
necessary by reason of such defects including the repairs of any damage to other parts of the
system resulting from such defects. The OWNER will give notice of observed defects with
reasonable promptness. In the event that the CONTRACTOR should fail to make such repairs,
adjustments, or other Work that may be made necessary by such defects, the OWNER may do
so and charge the CONTRACTOR the cost thereby incurred. The Performance BOND shall
remain in full force and effect through the guarantee period. Express warranties are set forth in
the Special Conditions, or in the Technical Specifications.
Access to Work
13.2 ENGINEER and ENGINEER's representatives, other representatives of OWNER,
testing agencies and governmental agencies with jurisdictional interests will have access to the
Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall
provide proper and safe conditions for such access.
Tests and Inspections
13.3 CONTRACTOR shall give ENGINEER and OWNER a minimum of 24 hours notice of
readiness of the Work for all required inspections, tests or approvals.
13.4 If Laws or Regulations of any public body having jurisdiction require any Work ( or part
thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full
responsibility therefore, pay all costs in connection therewith and furnish ENGINEER and the
OWNER the required certificates of inspection, testing or approval. CONTRACTOR shall also be
responsible for and shall pay all costs in connection with any inspection or testing required in
connection with the OWNER'S or ENGINEER's acceptance of a Supplier or materials or
equipment proposed to be incorporated in the Work, or of materials or equipment submitted for
approval prior to CONTRACTOR's purchase thereof, for incorporation in the Work.
13.5 All inspections, tests or approvals other than those required by Laws or Regulations of
any public body having jurisdiction shall be performed by organizations acceptable to OWNER
and CONTRACTOR (or by ENGINEER if so specified).
13.6 If any Work (including the work of others) that is to be inspected, tested or approved is
covered without written concurrence of the OWNER or ENGINEER, it must, if requested by the
OWNER or ENGINEER, be uncovered for observation and inspection. Such uncovering shall be
at CONTRACTOR's expense.
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13.7 Neither observations by ENGINEER nor inspections, tests or approvals by others shall
relieve CONTRACTOR from CONTRACTOR's obligations to perform the Work in accordance
with the Contract Documents.
ARTICLE 14 - PAYMENTS AND COMPLETION
Payment to Contractor
14.1 At least twenty (20) days before each progress payment falls due (but not more often
than once a month), the CONTRACTOR will submit to the ENGINEER partial payment estimate
filled out and signed by the CONTRACTOR covering the WORK performed during the period
covered by the partial payment estimate and supported by such data as the ENGINEER may
reasonably require. If payment is requested on the basis of equipment not incorporated in the
Work but delivered and suitably stored at or near the site, the partial payment estimate shall also
be accompanied by such supporting data, satisfactory to the OWNER. The ENGINEER will either
indicate in writing his approval of payment and present the partial payment estimate to the
OWNER, or return the partial payment estimate to the CONTRACTOR indicating in writing his
reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the
necessary corrections and resubmit the partial payment estimate. The OWNER will within twenty
(20) days of presentation to him of an approved partial payment estimate, pay the CONTRACTOR
progress payment on the basis of the approved partial payment estimate. The OWNER may
retain a portion of the amount otherwise due the CONTRACTOR. Except as State law otherwise
provides, the amount the OWNER will retain shall be 10 percent of the payment claimed until
work is 100 percent complete with the following possible exception. The Contractor may request
a reduction in retainage when the Work is near completion (approximately 90 percent).
Contractor's Warranty of Title:
14.2 The CONTRACTOR warrants and guarantees that title to all Work and equipment
covered by an Application for Payment, whether incorporated in the Project or not, will have
passed to the OWNER prior to the making of the Application for Payment, free and clear of all
liens, claims, security interests and encumbrances (hereafter in these General Conditions referred
to as "Liens"); and that no work or equipment covered by an Application for Payment will have
been acquired by the CONTRACTOR or by any other person performing the Work at the site or
furnishing equipment for the Project, subject to an agreement under which an interest therein or
encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR or
such other person.
Approval of Payments:
14.3 The ENGINEER'S approval of any payment requested in an Application for Payment
shall constitute a representation by him to the OWNER, based on the ENGINEER'S on-site
observations of the Work in progress as an experienced and qualified design professional and on
his review of the Application for Payment and the supporting data, that the Work has progressed
to the point indicated; that, to the best of his knowledge, information and belief, the quality of the
Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a
functioning Project upon Substantial Completion, to the results of any subsequent tests called for
in the Contract Documents and any qualifications stated in his approval); and that the
CONTRACTOR is entitled to payment of the amount approved. However, by approving any such
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payment the ENGINEER shall not thereby be deemed to have represented that he made
exhaustive or continuous on-site observations to check the quality or the quantity of the Work, or
that he has reviewed the means, methods, techniques, sequences, and procedures of
construction or that he has made any examination to ascertain how or for what purpose the
CONTRACTOR has used the money paid or to be paid to him on account of the Contract Price,
or that title to any Work or equipment has passed to the OWNER free and clear of any Liens.
14.4 The CONTRACTOR shall make the following certification on each request for payment:
"I hereby certify that the labor and materials listed on this request for payment have been used
in the construction of this work or that all equipment included in this request for payment and not
yet incorporated into the construction are now on the site or stored at an approved location; and
payment received from the last request for payment has been used to make payments to all first
tier subcontractors and suppliers except as listed below."
14.5 The ENGINEER's approval of final payment shall constitute an additional representation
by him to the OWNER that the conditions precedent to the CONTRACTOR's being entitled to final
payment as set forth in paragraph 14.11 have been fulfilled.
14.6 The ENGINEER may refuse to approve the whole or any part of any payment if, in his
opinion, he is unable to make the representations required in 14.3 and 14.5 above to the OWNER.
He may also refuse to approve any such payment, or, because of subsequently discovered
evidence or the results of subsequent inspection or tests, nullify any such payment previously
approved, to such extent as may be necessary in his opinion to protect the OWNER from loss
because:
14.6.1 The Work is defective, or complete Work has been damaged requiring correction
or replacement,
14.6.2 The Work for which payment is requested cannot be verified,
14.6.3 Claims or Liens have been filed or there is reasonable evidence indicating the
probable filing thereof,
14.6.4 The Contract Price has been reduced because of Modifications,
14.6.5 The OWNER has been required to correct defective Work or complete the Work
in accordance with paragraph 9.6,
14.6.6 Of unsatisfactory prosecution of the Work, including failure to clean up as
required by paragraphs 6.29, 6.30, and 6.31.
14.6.7 Of persistent failure to cooperate with other Contractors on the Project and
persistent failure to carry out the Work in accordance with the Contract Documents,
14.6.8 Of liquidated damages payable by the CONTRACTOR, or
14.6.9 Of any other violation of, or failure to comply with, the provisions of the Contract
Documents.
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City of Cape Canaveral
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14.7 Prior to Substantial Completion, the OWNER, with the approval of the ENGINEER and
with the concurrence of the CONTRACTOR, may use any completed or substantially completed
portion of the Work. Such use shall not constitute an acceptance of such portions of the Work.
14.8 The OWNER shall have the right to enter the premises for the purpose of doing work
not covered by the Contract Documents. This provision shall not be construed as relieving the
CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration
of any damaged Work except such as may be caused by agent or employees of the OWNER.
14.9 Upon completion and acceptance of the Work the ENGINEER shall issue a certificate
attached to the final payment request that the Work has been accepted by him under the
conditions of the Contract Documents. The entire balance found to be due the CONTRACTOR,
including the retained percentages, but except such sums as may be lawfully retained by the
OWNER, shall be paid to the CONTRACTOR within thirty (30) days of completion and acceptance
of the Work.
14.10 The CONTRACTOR will indemnify and save the OWNER or the OWNER'S agents
harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen,
mechanics, materialmen, and furnisher's of machines and parts thereof, equipment, tools, and all
supplies, incurred in the furtherance of the performance of the Work. The CONTRACTOR shall,
at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature directed
above have been paid, discharged, or waived. If the CONTRACTOR fails to do so the OWNER
may, after having notified the CONTRACTOR, withhold from the CONTRACTOR'S unpaid
compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims
until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon
payment to the CONTRACTOR shall be resumed in accordance with the terms of the Contract
Documents, but in no event shall the provisions of this sentence be construed to impose any
obligations upon the OWNER to either the CONTRACTOR, his Surety, or any third party.
Acceptance of Final Payment as Release:
14.11 The acceptance by the CONTRACTOR of final payment shall be and shall operate as
a release to the OWNER of all claims and all liability to the CONTRACTOR, other than claims in
stated amounts as may be specifically excepted by the CONTRACTOR, for all things done or
furnished in connection with this Work and for every act and neglect of the OWNER and others
relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release
the CONTRACTOR or his sureties from any obligations under the Contract Documents or the
Performance Bond and Payment Bonds.
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
Owner May Suspend Work:
15.1 The OWNER may, at any time and without cause, suspend the Work or any portion
thereof for a period of not more than ninety days by notice in writing to the CONTRACTOR and
the ENGINEER which shall fix the date on which Work shall be resumed. The CONTRACTOR
will resume the Work on the date so fixed. The CONTRACTOR may be allowed at the OWNER's
discretion, an increase in the Contract Price or an extension of the Contract Time, or both, directly
attributable to any suspension if he makes a claim therefore as provided in Articles 11 and 12.
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City of Cape Canaveral
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Owner May Stop Work:
15.2 The OWNER or his REPRESENTATIVE may stop the Work or any portion thereof when
it has been determined that the Contractor is not complying with the Drawings or Specifications
or the intent thereof. The Stop Work order may be verbal and the CONTRACTOR shall cease
work immediately except for leaving the Work area in a safe and acceptable condition. A verbal
Stop Work order will be confirmed in writing within five (5) calendar days. The CONTRACTOR
will not be allowed an increase in the contract price or an extension of the Contract time during
the Stop Work period. A Start Work order may be verbal and will be confirmed in writing.
Work During Inclement Weather:
15.3 No work shall be done under these Specifications except by permission of the OWNER
when the weather is unfit for good and careful work to be performed. Should the severity of the
weather continue, the CONTRACTOR, upon the direction of the OWNER, shall suspend all work
until instructed to resume operations by the OWNER and the CONTRACT Time shall be extended
to cover the duration of the order. Work damaged during periods of suspension due to inclement
weather shall be repaired and/or replaced by the CONTRACTOR. Any compensation for repairs
or replacements shall be subject to approval by the OWNER; nothing herein shall construe that
the OWNER is obligated to approve compensation for such repairs or replacements.
Owner May Terminate:
15.4 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general
assignment for the benefit of his creditors, or if a trustee or receiver is appointed for the
CONTRACTOR or for any of his property, or if he files a petition to take advantage of any debtor's
act, or to reorganize under the bankruptcy or similar laws, or if he repeatedly fails to supply
sufficiently skilled workmen or suitable materials or equipment, or if he repeatedly fails to make
prompt payments to Subcontractors or for labor, materials or equipment or he disregards laws,
ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards
the authority of the ENGINEER, or if he otherwise violates any provision of the CONTRACT
Documents, then the OWNER may, without prejudice to any other right or remedy and after giving
the CONTRACTOR and his surety seven days' written notice, terminate the services of the
CONTRACTOR and take possession of the Project and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the CONTRACTOR, and finish the
Work by whatever method he may deem expedient. In such case the CONTRACTOR shall not
be entitled to receive any further payment until the Work is finished.
15.5 Where the CONTRACTOR'S services have been so terminated by the OWNER, said
terminations shall not affect any rights of the OWNER against the CONTRACTOR then existing
or which may thereafter accrue. Any retention or payment of moneys by the OWNER due the
CONTRACTOR will not release the CONTRACTOR from liability.
15.6 Upon seven days written notice to the CONTRACTOR and the ENGINEER, the OWNER
may, without cause and without prejudice to any other right or remedy, elect to abandon the
Project and terminate the Agreement. In such case, the CONTRACTOR shall be paid for all Work
satisfactorily executed and expenses sustained.
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City of Cape Canaveral
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Removal of Equipment
15.7 In the case of termination of this Contract before completion, for any cause whatever,
the CONTRACTOR, if notified to do so by the OWNER shall promptly remove any part or all of
his equipment and supplies from the property of the OWNER. Should the CONTRACTOR not
remove such equipment and supplies, the OWNER shall have the right to remove them at the
expense of the CONTRACTOR and in the event such expenses are not paid, the equipment shall
become the property of the OWNER. Equipment and supplies shall not be construed to include
such items for which the CONTRACTOR has been paid in whole or in part.
Contractor May Stop Work or Terminate:
15.8 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of
more than ninety days by the OWNER, or under an order of court or other public authority as a
result of actions by others not under the control of the CONTRACTOR, or the OWNER fails to
pay the CONTRACTOR any sum properly submitted for payment under Article 14 of these
General Conditions within thirty days of its presentation and approval, then the CONTRACTOR
may, upon thirty days written notice to the OWNER and the ENGINEER, terminate the
Agreement. In addition and in lieu of terminating the Agreement, if the ENGINEER has failed to
act on an Application for Payment or the OWNER has failed to make any payment as aforesaid,
the CONTRACTOR may upon twenty one days notice to the OWNER and the ENGINEER stop
the Work until he has been paid all amounts then due.
Owner Furnished Equipment
15.9 In case the OWNER furnishes equipment to the CONTRACTOR to install, but fails to
deliver it to the CONTRACTOR as required by SPECIAL CONDITIONS, and in case such failure
causes the CONTRACTOR a need for extension of time, the CONTRACTOR may make such
claims upon the OWNER and obtain adjustments to Contract Time as provided herein.
Liquidated Damages:
15.10 If the CONTRACTOR shall fail to complete the work within the contract time, or
extension of time granted by the OWNER, then the CONTRACTOR will pay to the OWNER, in
addition to any other damage claims for which the CONTRACTOR may be liable, the amount for
liquidated damages as specified in the Contract for each calendar day that the CONTRACTOR
shall be in default after the time stipulated in the Contract Documents.
ARTICLE 16 - MISCELLANEOUS
16.1 Whenever any provision of the Contract Documents requires the giving of written notice
it shall be deemed to have been validly given if delivered in person to the individual or to a member
of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by
registered or certified mail, postage prepaid, to the last business address known to him who gives
the notice.
16.2 All Specifications, Drawings and copies thereof furnished by the ENGINEER shall
remain the property of the OWNER. They shall not be used on another Project, and, with the
GENERAL CONDITIONS 00 70 00 - 31
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
exception of those sets which have been signed in connection with the execution of the
Agreement, shall be returned to him on request upon completion of the Project.
16.3 The duties and obligations imposed by these General Conditions, Special Conditions
and Supplemental Conditions and the rights and remedies available hereunder, and, in particular
but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR
and those in the Special Conditions and the rights and remedies available to them which are
otherwise imposed or available by law, by special guarantee or by other provisions of the Contract
Documents, and the provisions of this paragraph will be as effective as if repeated specifically in
the Contract Documents in connection with each particular duty, obligation, right and remedy to
which they apply. All representations, warranties and guarantees made in the Contract
Documents will survive final payment and termination or completion of the Agreement.
16.4 Should the OWNER or the CONTRACTOR suffer injury or damage to the other party's
person or property because of any error, omission or act of the other or of any of his employees
or agents or others for whose acts he is legally liable, claim shall be made in writing to the other
party within a reasonable time of the first observance of such injury or damage.
16.5 The Contract Documents shall be governed, interpreted and construed under the laws
of the State of Florida.
16.6 Before the Contractor disposes of any existing improvements or equipment which are
to be removed as a portion of the work, and for which disposition is not specifically provided for
elsewhere in these Specifications, he will contact the Owner and determine if the removal items
are to be salvaged. Items to be salvaged by the OWNER will be neatly stockpiled or stored in a
neat and acceptable manner at the construction site easily accessible to the Owner. Equipment
and materials which will not be salvaged by the Owner shall become the property of the Contractor
to be removed from the site and disposed of in an acceptable manner.
16.7 The terms and conditions of this document, its attachments and addenda shall not be
modified without the prior written consent of the Owner.
16.8 Notice shall be given to the Owner at the following address:
Mr. Jeff Ratliff, Public Works Services, City of Cape Canaveral, 601 Thurm Boulevard,
Cape Canaveral, FL 32920.
Notice shall be given to the Engineer at the following address:
Mr. John A. Pekar, P.E., 102 Columbia Drive, Suite 207, Cape Canaveral, FL 32920.
Notice shall be given to the Contractor at the following address:
END OF SECTION 00 70 00
GENERAL CONDITIONS 00 70 00 - 32
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
SECTION 01 01 00
SUMMARY OF WORK
PART 1 - GENERAL
1.1 PROJECT DESCRIPTION
A. The Project primarily consists of shoreline protection for the Waste Water Treatment Site
from high wind/wave erosion by providing a combination of coquina rock placement, minor
upland fill, sod placement, placement of new fence, drainage flume outfalls and enhance-
ment of a top bank infiltration swale.
B. The contract documents have been prepared by John A. Pekar, PE, LLC, 102 Columbia
Drive, Suite 207, Cape Canaveral, FL 32920.
1.2 PRODUCTS NOT APPLICABLE
PART 2 - EXECUTION NOT APPLICABLE
END OF SECTION 01 01 00
SUMMARY OF WORK 01 01 00 - 1
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
SECTION 01 02 70
APPLICATIONS FOR PAYMENT
PART 1 - GENERAL
1.1 SUMMARY
A. This Section specifies administrative and procedural requirements governing the
Contractor's Applications for Payment.
1. Coordinate the Schedule of Values and Applications for Payment with the
Contractor's Construction Schedule, List of Subcontracts, and Submittal Schedule,
as applicable.
B. The Contractor's Construction Schedule and Submittal Schedule are included in Section
01 30 00 "Submittals".
1.2 SCHEDULE OF VALUES
A. Coordinate preparation of the Schedule of Values with preparation of the Contractor's
Construction Schedule.
1. Correlate line items in the Schedule of Values with other required administrative
schedules and forms, including:
a. Contractor's construction schedule.
b. Application for Payment form.
c. List of subcontractors.
d. Schedule of alternates.
e. List of products.
f. List of principal suppliers and fabricators.
g. Schedule of submittals.
2. Submit the Schedule of Values to the Engineer at the earliest feasible date, but in
no case later than 15 days before the date scheduled for submittal of the initial
Application for Payment.
3. Identification: Include the following Project identification on the Schedule of
Values:
a.
b. Project name and location.
c. Name of the Engineer.
d. Project number.
e. Contractor's name and address.
f. Date of submittal.
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4. Arrange the Schedule of Values in a tabular form with separate columns to indicate
the following for each item listed:
a. Generic name.
b. Related Specification Section.
c. Name of subcontractor.
d. Name of manufacturer or fabricator.
e. Name of supplier.
f. Change Orders (numbers) that have affected value.
g. Dollar value.
h. Percentage of Contract Sum to the nearest one-hundredth percent, adjusted
to total 100 percent.
5. Provide a breakdown of the Contract Sum in sufficient detail to facilitate continued
evaluation of Applications for Payment and progress reports. Break principal
subcontract amounts down into several line items. The Engineer shall have final
approval.
6. Round amounts off to the nearest whole dollar; the total shall equal the Contract
Sum.
7. For each part of the Work where an Application for Payment may include materials
or equipment, purchased or fabricated and stored, but not yet installed, provide
separate line items on the Schedule of Values for initial cost of the materials, for
each subsequent stage of completion, and for total installed value of that part of
the Work.
8. Margins of Cost: Show line items for indirect costs, and margins on actual costs,
only to the extent that such items will be listed individually in Applications for
Payment. Each item in the Schedule of Values and Applications for Payment shall
be complete including its total cost and proportionate share of general overhead
and profit margin.
a. At the Contractor's option, temporary facilities and other major cost items
that are not direct cost of actual work-in- place may be shown as separate
line items in the Schedule of Values or distributed as general overhead
expense.
9. Schedule Updating: Update and resubmit the Schedule of Values when Change
Orders or Construction Change Directives result in a change in the Contract Sum.
Each Change Order shall be listed in the Schedule of Values as a separate line
item, with a breakdown of line items as necessary.
1.3 APPLICATIONS FOR PAYMENT
A. Each Application for Payment shall be consistent with previous applications and
payments as certified by the Engineer and paid by the Owner.
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B. The initial Application for Payment, the Application for Payment at time of Substantial
Completion, and the final Application for Payment involve additional requirements.
C. Payment Application Times: Each progress payment date is as indicated in the
Agreement. The period of construction Work covered by each Application or payment is
the period indicated in the Agreement.
D. Payment Application Forms: Use AIA Document G 702 and Continuation Sheets G 703
as the form for Application for Payment.
E. Application Preparation: Complete every entry on the form, including notarization and
execution by person authorized to sign legal documents on behalf of the Owner.
Incomplete applications will be returned without action.
1. Entries shall match data on the Schedule of Values and Contractor's Construction
Schedule. Use updated schedules if revisions have been made.
2. Include amounts of Change Orders and Construction Change Directives issued
prior to the last day of the construction period covered by the application.
F. Transmittal: Submit one (1) executed copy of each Application for Payment to the
by means ensuring receipt within 24 hours.
1. Transmit with a transmittal form listing attachments, and recording appropriate
information related to the application in a manner acceptable to the Engineer.
2. Waiver Forms: Submit waivers of liens on forms provided. Submit partial release
of liens from each subcontractor at or about 50% completion. Submit final release
of liens at substantial completion.
G. Initial Application for Payment: Administrative actions and submittals that must precede
or coincide with submittal of the first Application for Payment include the following:
1. List of subcontractors.
2. List of principal suppliers and fabricators.
3. Schedule of Values.
4. Contractor's Construction Schedule (preliminary if not final).
5. Copies of authorizations and licenses from governing authorities for performance
of the Work.
6. Initial progress report.
7. Report of pre-construction meeting.
8. Certificates of insurance and insurance policies.
9. Performance and payment bonds.
10. Data needed to acquire Owner's insurance.
H. Application for Payment at Substantial Completion: Following issuance of the Certificate
of Substantial Completion, submit an Application for Payment.
I. Administrative actions and submittals that shall proceed or coincide with this application
include:
1. Warranties (guarantees) and maintenance agreements.
APPLICATIONS FOR PAYMENT 01 02 70 - 3
City of Cape Canaveral
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2. Final cleaning.
3. Lien waivers from all major subcontractors.
4. Lien waivers from the contractor.
5. Application for reduction of retainage, and consent of surety.
6. Advice on shifting insurance coverages.
7. List of incomplete Work, recognized as exceptions to Engineer's Certificate of
Substantial Completion.
8. Record drawings.
J. Final Payment Application: Administrative actions and submittals which must precede
or coincide with submittal of the final payment Application for Payment include the
following:
1. Completion of Project closeout requirements.
2. Completion of items specified for completion after Substantial Completion.
3. Assurance that unsettled claims will be settled.
4. Assurance that Work not complete and accepted will be completed without undue
delay.
5. Transmittal of required Project construction records to Owner.
6. Certified property survey.
7. Proof that taxes, fees and similar obligations have been paid.
8. Removal of temporary facilities and services.
9. Removal of surplus materials, rubbish and similar elements.
10. As-Built mylars.
PART 2 - PRODUCTS NOT APPLICABLE
PART 3 - EXECUTION NOT APPLICABLE
END OF SECTION 01 02 70
APPLICATIONS FOR PAYMENT 01 02 70 - 4
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
SECTION 01 04 00
PROJECT COORDINATION
PART 1 - GENERAL
1.1 SUMMARY
A. This Section specifies administrative and supervisory requirements necessary for Project
coordination including, but not necessarily limited to:
1. Coordination.
2. Administrative and supervisory personnel.
3. General installation provisions.
4. Cleaning and protection.
B. Progress meetings and coordination meetings are included in Section "Project
Meetings".
C. Requirements for the Contractor's Construction Schedule are included in Section
"Submittals".
1.2 COORDINATION
A. Coordination: Coordinate construction activities included under various Sections of
these Specifications and Contract Documents to assure efficient and orderly installation
of each part of the Work. Coordinate construction operations included under different
Sections of the Specifications and Contract Documents that are dependent upon each
other for proper installation, connection, and operation.
1. Where installation of one part of the Work is dependent on installation of other
components, either before or after its own installation, schedule construction
activities in the sequence required to obtain the best results.
2. Where availability of space is limited, coordinate installation of different
components to assure maximum accessibility for required maintenance, service
and repair.
3. Make adequate provisions to accommodate items scheduled for later installation.
B. Administrative Procedures: Coordinate scheduling and timing of required administrative
procedures with other construction activities to avoid conflicts and ensure orderly
progress of the Work. Such administrative activities include, but are not limited to, the
following:
1. Preparation of schedules.
2. Installation and removal of temporary facilities.
3. Delivery and processing of submittals.
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City of Cape Canaveral
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4. Progress meetings.
5. Project Close-out activities.
1.3 SUBMITTALS
A. Comply with requirements contained in Section "Submittals."
1. Staff Names: Within 15 days of Notice to Proceed, submit a list of the Contractor's
principal staff assignments, including the Superintendent and other personnel in
attendance at the site; identify individuals, their duties and responsibilities; list their
addresses and telephone numbers.
2. Post copies of the list in the Project meeting room, the temporary field office, and
each temporary telephone.
PART 2 - PRODUCTS NOT APPLICABLE
PART 3 - EXECUTION
3.1 GENERAL INSTALLATION PROVISIONS
A. Inspection of Conditions: Require the Contractor and/or Subcontractor of each major
component to inspect the conditions under which Work is to be performed. Do not
proceed until unsatisfactory conditions have been corrected in an acceptable manner.
B. Manufacturer's Instructions: Comply with manufacturer's installation instructions and
recommendations, to the extent that those instructions and recommendations are more
explicit or stringent than requirements contained in Contract Documents.
C. Inspect materials or equipment immediately upon delivery and again prior to installation.
Reject damaged and defective items.
D. Recheck measurements and dimensions, before starting each installation.
E. Install each component during weather conditions and Project status that will ensure the
best possible results. Isolate each part of the completed construction from incompatible
material as necessary to prevent deterioration.
F. Coordinate temporary enclosures with required inspections and tests, to minimize the
necessity of uncovering completed construction for that purpose.
3.2 CLEANING AND PROTECTION
A. During handling and installation, clean and protect construction in progress and adjoining
materials in place.
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City of Cape Canaveral
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B. Clean and maintain completed construction as frequently as necessary through the
remainder of the construction period.
END OF SECTION 01 04 00
PROJECT COORDINATION 01 04 00 - 3
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
SECTION 01 09 00
DEFINITIONS AND STANDARDS
PART 1 - GENERAL
A. This Section specifies administrative requirements for compliance with governing
regulations, codes and standards.
1. Requirements include obtaining permits, licenses, inspections, releases and
similar documentation, as well as payments, statements and similar requirements
associated with regulations, codes and standards.
1.2 DEFINITIONS
A. General: Definitions contained in this Article are not necessarily complete, but are
general to the extent that they are not defined more explicitly elsewhere in the Contract
Documents.
B. Indicated refers to graphic representations, notes or schedules on the Drawings, or other
Paragraphs or Schedules in Specifications, and similar requirements in Contract
Documents. Where terms such as "shown," "noted," "scheduled," and "specified" are
used, it is to help locate the reference; no limitation on location is intended except as
specifically noted.
C. Directed: Terms such as "directed", "requested", "authorized", "selected", "approved",
"required", and "permitted" mean "directed by the Engineer", "requested by the
Engineer", and similar phrases. However, no implied meaning shall be interpreted to
extend the Engineer's responsibility into the Contractor's area of construction
supervision.
D. Approve: The term "approved," where used in conjunction with the Engineer's action on
the Contractor's submittals, applications, and requests, is limited to the responsibilities
and duties of the Engineer stated in General and Special Conditions. Such approval
shall not release the Contractor from responsibility to fulfill Contract Document
requirements, unless otherwise provided in the Contract Documents.
E. Regulation: The term "Regulations" includes laws, statutes, ordinances and lawful
orders issued by authorities having jurisdiction, as well as rules, conventions and
agreements within the construction industry that control performance of the Work,
whether they are lawfully imposed by authorities having jurisdiction or not.
F. Furnish: The term "furnish" is used to mean "supply and deliver to the Project site, ready
for unloading, unpacking, assembly, installation, and similar operations."
DEFINITIONS AND STANDARDS 01 09 00 - 1
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G. Install: The term "install" is used to describe operations at project site including the actual
"unloading, unpacking, assembly, erection, placing, anchoring, applying, working to
dimension, finishing, curing, protecting, cleaning and similar operations."
H. Provide: The term "provide" means "to furnish and install, complete and ready for the
intended use."
I. Installer: An "Installer" is an entity engaged by the Contractor, either as an employee,
subcontractor or sub-subcontractor for performance of a particular construction activity,
including installation, erection, application and similar operations. Installers are required
to be experienced in the operations they are engaged to perform.
1. The term "experienced," when used with the term "Installer" means having a
minimum of 5 previous Projects similar in size and scope to this Project, and
familiar with the precautions required, and has complied with requirements of the
authority having jurisdiction.
J. Project Site is the space available to the Contractor for performance of the Work, either
exclusively or in conjunction with others performing other construction as part of the
Project. The extent of the Project Site is shown on the Drawings, and may or may not
be identical with the description of the land upon which the Project is to be built.
K. Testing Laboratories: A "testing laboratory" is an independent entity engaged to perform
specific inspections or tests, either at the Project Site or elsewhere, and to report on,
and, if required, to interpret, results of those inspections or tests.
1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION
A. This Article is provided to help the user of these Specifications understand the format,
language, implied requirements, and similar conventions. None of the explanations shall
be interpreted to modify the substance of Contract requirements.
B. Specification Format: These Specifications are organized into Divisions, Sections or
Trade Headings based on the Construction Specifications Institute's 16-Division format
and the MASTERFORMAT numbering system. This organization conforms generally to
recognized construction industry practice.
C. Specification Content: This Specification has been produced employing conventions in
the use of language and the intended meaning of certain terms, words, and phrases
when used in particular situations or circumstances. These conventions are explained
as follows:
1. Language used in the Specifications and other Contract Documents is the
abbreviated type. Implied words and meanings will be appropriately interpreted.
Singular words will be interpreted as plural and plural words interpreted as singular
where applicable and where the full context of the Contract Documents so
indicates.
2. Imperative Language is used generally in the Specifications. Requirements
expressed imperatively are to be performed by the Contractor. At certain locations
DEFINITIONS AND STANDARDS 01 09 00 - 2
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
in the text, for clarity, subjective language is used to describe responsibilities which
must be fulfilled indirectly by the Contractor, or by others when so noted.
D. Assignment of Specialists: The Specification requires that certain specific construction
activities shall be performed by specialists who are recognized experts in the operations
to be performed. The specialists must be engaged for those activities, and the
assignments are requirements over which the Contractor has no choice or option.
Nevertheless, the ultimate responsibility for fulfilling Contract requirements remains with
the Contractor.
1. This requirement shall not be interpreted to conflict with enforcement of similar
regulations governing the Work. It is also not intended to interfere with local trade
union jurisdictional settlements and similar conventions.
1.4 DRAWING SYMBOLS
A. Graphic symbols used on the Drawings are those recognized in the construction industry
for purposes indicated. Where not otherwise noted, symbols are defined by
"Architectural Graphic Standards", published by John Wiley & Sons, Inc., seventh
edition.
1.5 INDUSTRY STANDARDS
A. Applicability of Standards: Except where Contract Documents include more stringent
requirements, applicable construction industry standards have the same force and effect
as if bound or copied directly into Contract Documents. Such standards are made a part
of the Contract Documents by reference. Individual Sections indicate which codes and
standards the Contractor must keep available at the Project Site for reference.
1. Referenced standards take precedence over standards that are not referenced but
recognized in the construction industry as applicable.
2. Unreferenced Standards: Except as otherwise limited by the Contract Documents,
standards not referenced but recognized in the industry as applicable will be
enforced for performance of the Work. The Engineer will decide whether a code
or standard is applicable, or which of several are applicable.
B. Publication Dates: Where compliance with an industry standard is required, comply with
standard in effect as of date of Contract Documents.
1. Updated Standards: At the request of the Engineer, Contractor or authority having
jurisdiction, submit a Change Order proposal where an applicable code or standard
has been revised and reissued after the date of the Contract Documents and
before performance of Work affected. The Engineer will decide whether to issue
a Change Order to proceed with the updated standard.
C. Conflicting Requirements: Where compliance with two or more standards is specified,
and they establish different or conflicting requirements for minimum quantities or quality
levels, the most stringent requirement will be enforced, unless the Contract Documents
DEFINITIONS AND STANDARDS 01 09 00 - 3
City of Cape Canaveral
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indicate otherwise. Refer requirements that are different, but apparently equal, and
uncertainties as to which quality level is more stringent to the Engineer for a decision
before proceeding.
1. Minimum Quantities or Quality Levels: In every instance the quantity or quality
level shown or specified shall be the minimum to be provided or performed. The
actual installation may comply exactly, within specified tolerances, with the
minimum quantity or quality specified, or it may exceed that minimum within
reasonable limits. In complying with these requirements, indicated numeric values
are minimum or maximum values, as noted, or appropriate for the context of the
requirements. Refer instances of uncertainty to the Engineer for decision before
proceeding.
D. Copies of Standards: Each entity engaged in construction on the Project is required to
be familiar with industry standards applicable to that entities' construction activity.
Copies of applicable standards are not bound with the Contract Documents.
1. Where copies of standards are needed for performance of a required construction
activity, the Contractor shall obtain copies directly from the publication source.
2. Although copies of standards needed for enforcement of requirements may be part
of required submittals, the Engineer reserves the right to require the Contractor to
submit additional copies as necessary for enforcement of requirements.
E. Abbreviations and Names: Trade association names and titles of general standards are
frequently abbreviated. The following acronyms or abbreviations as referenced in
Contract Documents are defined to mean the associated names. Names and addresses
are subject to change, and are believed to be, but are not assured to be, accurate and
up-to-date as of date of Contract Documents:
AA Aluminum Association
900 19th St., NW, Suite 300
Washington, DC 20006
(202) 862-5100
AASHTO American Association of State Highway
and Transportation Officials
444 North Capitol St., Suite 225
Washington, DC 20001
(202) 624-5800
ACI American Concrete Institute
P.O. Box 19150
Detroit, MI 48219
(313) 532-2600
ACIL American Council of Independent Laboratories
1725 K St., NW
Washington, DC 20006
(202) 887-5872
DEFINITIONS AND STANDARDS 01 09 00 - 4
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ACPA American Concrete Pipe Association
8320 Old Courthouse Rd.
Vienna, VA 22180
(703) 821-1990
AIA American Institute of Architects
1735 New York Ave., NW
Washington, DC 20006
(202) 626-7300
AISC American Institute of Steel Construction
400 N. Michigan Ave., 8th Floor
Chicago, Il 60611
(312) 670-2400
AISI American Iron and Steel Institute
1000 Sixteenth St., NW
Washington, DC 20036
(202) 452-7100
ANSI American National Standards Institute
11 West 42 St.
New York, NY 10036
(212) 642-4900
ASTM American Society for Testing and Materials
1916 Race St.
Philadelphia, PA 19103
(215) 299-5400
AWS American Welding Society
P.O. Box 351040
550 Le Jeune Road, NW
Miami, FL 33135
(305) 443-9353
CRSI Concrete Reinforcing Steel Institute
933 Plum Grove Rd.
Schaumburg, IL 60195
(312) 490-1700
F. Federal Government Agencies: Names and titles of federal government standard or
Specification producing agencies are frequently abbreviated. The following acronyms or
abbreviations referenced in the Contract Documents indicate names of standard or
Specification producing agencies of the federal government. Names and addresses are
subject to change but are believed to be, but are not assured to be, accurate and up-to-
date as of the date of the Contract Documents.
CE Corps of Engineers
DEFINITIONS AND STANDARDS 01 09 00 - 5
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(US Department of the Army)
Chief of Engineers- Referral
Washington, DC 20314 (202) 693-6456
DOT Department of Transportation
400 Seventh St., SW
Washington, DC 20590 (202) 426-4000
EPA Environmental Protection Agency
401 M St., SW
Washington, DC 20460 (202) 829-3535
OSHA Occupational Safety and Health Administration
(U.S. Department of Labor)
Government Printing Office
Washington, DC 20402 (202) 783-3238
1.6 GOVERNING REGULATIONS/AUTHORITIES
A. The Engineer has contacted authorities having jurisdiction where necessary to obtain
information necessary for the preparation of Contract Documents; that information may
or may not be of significance to the Contractor. The Contractor shall contact authorities
having jurisdiction directly for information and decisions having a bearing on the Work.
1.7 SUBMITTALS
A. Permits, Licenses, and Certificates: For the Owner's records, submit copies of permits,
licenses, certifications, inspection reports, releases, jurisdictional settlements, notices,
receipts for fee payments, judgments, and similar documents, correspondence and
records established in conjunction with compliance with standards and regulations
bearing upon performance of the Work.
PART 2 - PRODUCTS NOT APPLICABLE
PART 3 - EXECUTION NOT APPLICABLE
END OF SECTION 01 09 00
DEFINITIONS AND STANDARDS 01 09 00 - 6
City of Cape Canaveral
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SECTION 01 20 00
PROJECT MEETINGS
PART 1 - GENERAL
1.1 SUMMARY
A. This Section specifies administrative and procedural requirements for project meetings
including but not limited to:
1. Pre-Construction Conference.
2. Coordination Meetings.
3. Progress Meetings.
B. Construction schedules are specified in another Division-1 Section.
1.2 PRE-CONSTRUCTION CONFERENCE
A. Schedule a pre-construction conference and organizational meeting at the Project site
or other convenient location no later than 15 days after execution of the Agreement and
prior to commencement of construction activities. Conduct the meeting to review
responsibilities and personnel assignments.
B. Attendees: The Owner, Engineer and his consultants, the Contractor and his
superintendent, major subcontractors, manufacturers, suppliers and other concerned
parties shall each be represented at the conference by persons familiar with and
authorized to conclude matters relating to the Work.
C. Agenda: Discuss items of significance that could affect progress including such topics
as:
1. Tentative construction schedule.
2. Critical Work sequencing.
3. Designation of responsible personnel.
4. Procedures for processing field decisions and Change Orders.
5. Procedures for processing Applications for Payment.
6. Distribution of Contract Documents.
7. Submittal of Shop Drawings.
8. Preparation of record documents.
9. Office, Work and storage areas.
10. Equipment deliveries and priorities.
11. Safety procedures.
12. First aid.
13. Security.
14. Housekeeping.
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15. Working hours.
1.3 PROGRESS MEETINGS
A. Conduct progress meetings at the Project site at regularly scheduled intervals. For this
work it is anticipated that progress meetings be held once every two (2) weeks
throughout the construction period. The Contractor shall notify the Owner and Engineer
of revised scheduled meeting dates.
B. Attendees: In addition to representatives of the Owner and Engineer, each
subcontractor, supplier or other entity concerned with current progress or involved in
planning, coordination or performance of future activities shall be represented at these
meetings by persons familiar with the Project and authorized to conclude matters relating
to progress.
C. Agenda: Review and correct or approve minutes of the previous progress meeting.
Review other items of significance that could affect progress. Include topics for
discussion as appropriate to the current status of the Project.
1. Contractor's Construction Schedule: Review progress since the last meeting.
Determine where each activity is in relation to the Contractor's Construction
Schedule, whether on time or ahead or behind schedule. Determine how
construction behind schedule will be expedited; secure commitments from parties
involved to do so. Discuss whether schedule revisions are required to ensure that
current and subsequent activities will be completed within the Contract Time.
2. Review the present and future needs of each entity present, including such items
as:
a. Interface requirements.
b. Time.
c. Sequences.
d. Deliveries.
e. Off-site fabrication problems.
f. Access.
g. Site utilization.
h. Temporary facilities and services.
i. Hours of Work.
j. Hazards and risks.
k. Housekeeping.
l. Quality and Work standards.
m. Change Orders.
n. Documentation of information for payment requests.
D. Reporting: No later than 3 days after each progress meeting date, distribute copies of
minutes of the meeting to each party present and to other parties who should have been
present. Include a brief summary, in narrative form, of progress since the previous
meeting and report.
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1. Schedule Updating: Revise the construction schedule after each progress meeting
where revisions to the schedule have been made or recognized. Issue the revised
schedule concurrently with the report of each meeting.
PART 2 - PRODUCTS NOT APPLICABLE
PART 3 - EXECUTION NOT APPLICABLE
END OF SECTION 01 20 00
PROJECT MEETINGS 01 20 00 - 3
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SECTION 01 30 00
SUBMITTALS
PART 1 - GENERAL
1.1 SUMMARY
A. This Section specifies administrative and procedural requirements for submittals to the
Engineer required for performance of the Work, including;
1. Contractor's construction schedule.
2. Submittal schedule.
3. Shop Drawings.
B. Administrative Submittals: Refer to other Division-1 Sections and other Contract
Documents for requirements for administrative submittals. Such submittals include, but
are not limited to:
1. Applications for payment.
2. Performance and payment bonds.
3. Insurance certificates.
4. List of Subcontractors.
C. The Schedule of Values submittal is included in Section 01 02 70 "Applications for
Payment."
D. Inspection and test reports are included in Section 01 40 00 "Quality Control Services."
1.2 SUBMITTAL PROCEDURES
A. Coordination: Coordinate preparation and processing of submittals with performance of
construction activities. Transmit each submittal sufficiently in advance of performance
of related construction activities to avoid delay. All submittals shall be provided to the
Engineer for review in accordance with the applicable sections of the contract documents
or in accordance with SJRWMD permit requirements.
1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other
submittals and related activities that require sequential activity.
2. Coordinate transmittal of different types of submittals for related elements of the
Work so processing will not be delayed by the need to review submittals
concurrently for coordination.
3. Processing: Allow sufficient review time so that installation will not be delayed as
a result of the time required to process submittals, including time for resubmittals.
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a. Allow two weeks for initial review. Allow additional time if processing must
be delayed to permit coordination with subsequent submittals. The Engineer
will promptly advise the Contractor when a submittal being processed must
be delayed for coordination.
b. If an intermediate submittal is necessary, process the same as the initial
submittal.
c. Allow two weeks for reprocessing each submittal.
d. No extension of Contract Time will be authorized because of failure to
transmit submittals to the Engineer sufficiently in advance of the Work to
permit processing.
B. Submittal Preparation: Place a permanent label or title block on each submittal for
identification. Indicate the name of the entity that prepared each submittal on the label
or title block or use standard forms as applicable.
1. Provide a space approximately 4" x 5" on the label or beside the title block on Shop
Drawings to record the Contractor's review and approval markings and the action
taken.
2. Include the following information on the label for processing and recording action
taken.
a. Project name.
b. Date.
c. Name and address of Engineer.
d. Name and address of Contractor.
e. Name and address of subcontractor.
f. Name and address of supplier.
g. Name of manufacturer.
h. Number and title of appropriate Specification Section.
i. Drawing number and detail references, as appropriate.
C. Submittal Transmittal: Package each submittal appropriately for transmittal and
handling. Transmit each submittal from Contractor to Engineer or appropriate regulatory
agency using a transmittal form. Submittals received from sources other than the
Contractor will be returned without action.
1. On the transmittal record relevant information and requests for data. On the form,
or separate sheet, record deviations from Contract Document requirements,
including minor variations and limitations. Include Contractor's certification that
information complies with Contract Document requirements.
2. Transmittal Form: Use AIA Document G 810.
1.3
A. Bar-Chart Schedule: Prepare a fully developed, horizontal bar- chart type Contractor's
construction schedule. Submit within ten (10) calendar days of the date established for
"Commencement of the Work".
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1. Provide a separate time bar for each significant construction activity. Provide a
continuous vertical line to identify the first working day of each week. Use the
same breakdown of units of the Work as indicated in the "Schedule of Values".
2. Within each time bar indicate estimated completion percentage in 10 percent
increments. As Work progresses, place a contrasting mark in each bar to indicate
Actual Completion.
3. Prepare the schedule on a sheet, or series of sheets, of stable transparency, or
other reproducible media, of sufficient width to show data for the entire construction
period.
4. Secure time commitments for performing critical elements of the Work from parties
involved. Coordinate each element on the schedule with other construction
activities; include minor elements involved in the sequence of the Work. Show
each activity in proper sequence. Indicate graphically sequences necessary for
completion of related portions of the Work.
5. Coordinate the Contractor's construction schedule with the schedule of values, list
of subcontracts, submittal schedule, progress reports, payment requests and other
schedules.
6. Indicate completion in advance of the date established for Substantial Completion.
Indicate Substantial Completion on the schedule to allow time for the Engineer's
procedures necessary for certification of Substantial Completion.
B. Work Stages: Indicate important stages of construction for each major portion of the
Work, including testing and installation.
C. Distribution: Following response to the initial submittal, print and distribute copies to the
Engineer, Owner, subcontractors, and other parties required to comply with scheduled
dates. Post copies in the Project meeting room and temporary field office.
1. When revisions are made, distribute to the same parties and post in the same
locations. Delete parties from distribution when they have completed their
assigned portion of the Work and are no longer involved in construction activities.
D. Schedule Updating: Revise the schedule after each meeting or activity, where revisions
have been recognized or made. Issue the updated schedule concurrently with report of
each meeting.
1.4 SUBMITTAL SCHEDULE
A. After development and acceptance of the Contractor's construction schedule, prepare a
complete schedule of submittals. Submit the schedule within 10 days of the date
required for establishment of the Contractor's construction schedule.
1. Coordinate submittal schedule with the list of subcontracts, schedule of values and
the list of products as well as the Contractor's construction schedule.
2. Prepare the schedule in chronological order; include submittals required during the
first 90 days of construction. Provide the following information:
a. Submittal No.
b. Related Section number.
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c. Submittal category.
d. Name of subcontractor.
e. Description of the part of the Work covered.
B. Distribution: Following response to initial submittal, print and distribute copies to the
Engineer, Owner, subcontractors, and other parties required to comply with submittal
dates indicated. Post copies in the Project meeting room and field office.
1. When revisions are made, distribute to the same parties and post in the same
locations. Delete parties from distribution when they have completed their
assigned portion of the Work and are no longer involved in construction activities.
C. Schedule Updating: Revise the schedule after each meeting or activity, where revisions
have been recognized or made. Issue the updated schedule concurrently with report of
each meeting.
1.5 SHOP DRAWINGS
A. Submit newly prepared information, drawn to accurate scale. Highlight, encircle, or
otherwise indicate deviations from the Contract Documents. Do not reproduce Contract
Documents or copy standard information as the basis of Shop Drawings. Standard
information prepared without specific reference to the Project is not considered Shop
Drawings.
B. Shop Drawings include fabrication and installation drawings, setting diagrams,
schedules, patterns, templates and similar drawings. Include the following information:
1. Dimensions.
2. Identification of products and materials included.
3. Compliance with specified standards.
4. Notation of coordination requirements.
5. Notation of dimensions established by field measurement.
6. Sheet Size: Except for templates, patterns and similar full- size Drawings, submit
Shop Drawings on sheets at least 8-1/2" x 11" but no larger than 36" x 48".
7. Initial Submittal: Submit one one blue- or black-line print for the Engineer's review.
8. Final Submittal: Submit one blue- or black-line print for Engineer's review. Where
large format drawings are not required submit 3 copies of pertinent information.
The contractor will be responsible for making final prints for maintenance manuals.
C. Coordination drawings are a special type of Shop Drawing that show the relationship and
integration of different construction elements that require careful coordination during
fabrication or installation to fit in the space provided or function as intended.
1. Submit Coordination Drawings for integration of different construction elements.
Show sequences and relationships of separate components to avoid conflicts in
use of space.
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1.6 PRODUCT DATA
A. Collect Product Data into a single submittal for each element of construction or system.
Product Data includes printed information such as manufacturer's installation
instructions, catalog cuts, standard color charts, roughing-in diagrams and templates,
standard wiring diagrams and performance curves. Where Product Data must be
specially prepared because standard printed data is not suitable for use, submit as "Shop
Drawings."
1. Mark each copy to show applicable choices and options. Where printed Product
Data includes information on several products, some of which are not required,
mark copies to indicate the applicable information. Include the following
information:
a. Manufacturer's printed recommendations.
b. Compliance with recognized trade association standards.
c. Compliance with recognized testing agency standards.
d. Application of testing agency labels and seals.
e. Notation of dimensions verified by field measurement.
f. Notation of coordination requirements.
2. Do not submit Product Data until compliance with requirements of the Contract
Documents has been confirmed.
3. Submittals: Submit 6 copies of each required submittal; submit 7 copies where
required for maintenance manuals. The Engineer will retain one, and will return
the other marked with action taken and corrections or modifications required.
a. Unless noncompliance with Contract Document provisions is observed, the
submittal may serve as the final submittal.
4. Distribution: Furnish copies of final submittal to installers, subcontractors,
suppliers, manufacturers, fabricators, and others required for performance of
construction activities. Show distribution on transmittal forms.
a. Do not proceed with installation until an applicable copy of Product Data
applicable is in the installer's possession.
b. Do not permit use of unmarked copies of Product Data in connection with
construction.
1.7
A. Except for submittals for record, information or similar purposes, where action and return
is required or requested, the Engineer will review each submittal, mark to indicate action
taken, and return promptly.
1. Compliance with specified characteristics is the Contractor's responsibility.
B. Action Stamp: The Engineer will stamp each submittal with a uniform, self-explanatory
action stamp. The stamp will be appropriately marked, as follows, to indicate the action
taken:
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1. No exceptions Taken: Where submittals are marked "No Exceptions Taken," that
part of the Work covered by the submittal may proceed provided it complies with
requirements of the Contract Documents; final acceptance will depend upon that
compliance.
2. Note Markings/Confirm: When submittals are marked "Note Markings and
Confirm," that part of the Work covered by the submittal may proceed provided it
complies with notations or corrections on the submittal and requirements of the
Contract Documents; final acceptance will depend on that compliance. The
contractor must respond to all comments as directed by the Engineer.
3. Revise and Resubmit Rejected/Comments Attached: When submittal is marked
"Revise and Resubmit" or "Rejected Comments Attached," do not proceed with
that part of the Work covered by the submittal, including purchasing, fabrication,
delivery, or other activity. Revise or prepare a new submittal in accordance with
the notations; resubmit without delay. Repeat if necessary to obtain a different
action mark.
a. Do not permit submittals marked "Revise and Resubmit" or "Rejected
Comments Attached" to be used at the Project site, or elsewhere where
Work is in progress.
4. Other Action: Where a submittal is primarily for information or record purposes,
special processing or other activity, the submittal will be returned, marked "Action
Not Required".
PART 2 - PRODUCTS NOT APPLICABLE
PART 3 - EXECUTION NOT APPLICABLE
END OF SECTION 01 30 00
SUBMITTALS 01 30 00 - 6
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
SECTION 01 40 00
QUALITY CONTROL SERVICES
PART 1 - GENERAL
1.1 SUMMARY
A. This Section specifies administrative and procedural requirements for quality control
services.
B. Quality control services include inspections and tests and related actions including
reports, performed by independent agencies, governing authorities, and the Contractor.
C. Inspection and testing services are required to verify compliance with requirements
specified or indicated. These services do not relieve the Contractor of responsibility for
compliance with Contract Document requirements.
D. Requirements of this Section relate to fabrication and installation procedures, not
production of standard products.
1. Specific quality control requirements for individual construction activities are
specified in the Sections that specify those activities. Those requirements,
including inspections and tests, cover production of standard products as well as
fabrication and installation procedures.
2. Inspections, test and related actions specified are not intended to limit the
Contractor's quality control procedures that facilitate compliance with Contract
Document requirements.
3. Requirements for the Contractor to provide quality control services required by the
Engineer, Owner, or authorities having jurisdiction are not limited by provisions of
this Section.
1.2 RESPONSIBILITIES
A. Contractor Responsibilities: The Contractor shall provide inspections, tests and similar
quality control services, specified in individual Specification Sections and on the
construction drawings and required by governing authorities.
1. The Contractor shall employ and pay an independent agency, to perform specified
quality control services.
2. Retesting: The Contractor is responsible for retesting where results of required
inspections, tests or similar services prove unsatisfactory and do not indicate
compliance with Contract Document requirements, regardless of whether the
original test was the Contractor's responsibility.
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a. Cost of retesting construction revised or replaced by the Contractor is the
Contractor's responsibility, where required tests were performed on original
construction.
3. Associated Services: The Contractor shall cooperate with agencies performing
required inspections, tests and similar services and provide reasonable auxiliary
services as requested. Notify the agency sufficiently in advance of operations to
permit assignment of personnel. Auxiliary services required include but are not
limited to:
a. Providing access to the Work and furnishing incidental labor and facilities
necessary to facilitate inspections and tests.
b. Taking adequate quantities of representative samples of materials that
require testing or assisting the agency in taking samples.
B. Duties of the Testing Agency: The independent testing agency engaged to perform
inspections, sampling and testing of materials and construction specified in individual
Specification Sections and on the construction drawings shall cooperate with the
Engineer and Contractor in performance of its duties, and shall provide qualified
personnel to perform required inspections and tests.
1. The agency shall notify the Engineer and Contractor promptly of irregularities or
deficiencies observed in the Work during performance of its services.
2. The agency is not authorized to release, revoke, alter or enlarge requirements of
the Contract Documents, or approve or accept any portion of the Work.
3. The agency shall not perform any duties of the Contractor.
C. Coordination: The Contractor and each agency engaged to perform inspections, tests
and similar services shall coordinate the sequence of activities to accommodate required
services with a minimum of delay. In addition the Contractor and each agency shall
coordinate activities to avoid the necessity of removing and replacing construction to
accommodate inspections and tests.
1. The Contractor is responsible for scheduling times for inspections, tests, taking
samples and similar activities.
1.3 SUBMITTALS
A. The independent testing agency shall submit a certified written report of each inspection,
test or similar service, to the Owner and Engineer, in duplicate, unless the Contractor is
responsible for the service. If the Contractor is responsible for the service, submit a
certified written report of each inspection, test or similar service through the Contractor.
1. Submit additional copies of each written report directly to the governing authority,
when the authority so directs.
2. Report Data: Written reports of each inspection, test or similar service shall
include, but not be limited to:
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City of Cape Canaveral
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a. Date of issue.
b. Project title and number.
c. Name, address and telephone number of testing agency.
d. Dates and locations of samples and tests or inspections.
e. Names of individuals making the inspection or test.
f. Designation of the Work and test method.
g. Identification of product and Specification Section.
h. Complete inspection or test data.
i. Test results and an interpretation of test results.
j. Ambient conditions at the time of sample-taking and testing.
k. Comments or professional opinion as to whether inspected or tested Work
complies with Contract Document requirements.
l. Name and signature of laboratory inspector.
m. Recommendations on retesting.
1.4 QUALITY ASSURANCE
A. Qualification for Service Agencies: Engage inspection and testing service agencies,
including independent testing laboratories, which are prequalified as complying with
"Recommended Requirements for Independent Laboratory Qualification" by the
American Council of Independent Laboratories, and which specialize in the types of
inspections and tests to be performed.
1. Each independent inspection and testing agency engaged on the Project shall be
authorized by authorities having jurisdiction to operate in the State in which the
Project is located.
PART 2 - PRODUCTS NOT APPLICABLE
PART 3 - EXECUTION
3.1 REPAIR AND PROTECTION
A. General: Upon completion of inspection, testing, sample-taking and similar services,
repair damaged construction and restore areas sampled and tested to eliminate
deficiencies.
B. Protect construction exposed by or for quality control service activities, and protect
repaired construction.
C. Repair and protection is the Contractor's responsibility, regardless of the assignment of
responsibility for inspection, testing or similar services.
END OF SECTION 01 40 00
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SECTION 01 50 00
TEMPORARY FACILITIES
PART 1 - GENERAL
1.1 SUMMARY
A. This Section specifies requirements for temporary services and facilities, including
utilities, construction and support facilities, security and protection.
B. Temporary utilities required include but are not limited to:
1. Sanitary facilities.
C. Temporary construction and support facilities required include but are not limited to:
1. Sanitary facilities.
2. Dewatering catchment facilities and drains, where applicable.
3. Temporary enclosures.
4. Waste disposal and recycling services.
D. Security and protection facilities required include but are not limited to:
1. Barricades, warning signs, lights.
2. Siltation curtains and turbidity barrier.
3. Hay bales.
E. Sanitary facilities include temporary toilets. Comply with regulations and health codes
for the type, number, location, operation and maintenance of fixtures and facilities. Install
where facilities will best serve the Project's needs.
1. Provide toilet tissue, paper towels, paper cups and similar disposable materials for
each facility. Provide covered waste containers for used material.
F. Toilets: Install self-contained toilet units. Shield toilets to ensure privacy. Use of pit-
type privies will not be permitted.
G. Environmental Protection: Provide protection, operate temporary facilities and conduct
construction in ways and by methods that comply with environmental regulations, and
minimize the possibility that air, waterways and subsoil might be contaminated or
polluted, or that other undesirable effects might result. Avoid use of tools and equipment
which produce harmful noise. Restrict use of noise making tools and equipment to hours
that will minimize complaints from persons or firms near the site.
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PART 2 - PRODUCTS NOT APPLICABLE
PART 3 - EXECUTION NOT APPLICABLE
END OF SECTION 01 50 00
TEMPORARY FACILITIES 01 50 00 - 2
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
SECTION 01 63 10
PRODUCT SUBSTITUTIONS
PART 1 - GENERAL
1.1 SUMMARY
A. This Section specifies administrative and procedural requirements for handling requests
for substitutions made after award of the contract.
B. The Contractor's Construction Schedule and the Schedule of Submittals are included
under Section "Submittals."
C. Standards: Refer to Section "Definitions and Standards" for applicability of industry
standards to products specified.
1.2 DEFINITIONS
A. Definitions used in this Article are not intended to change or modify the meaning of other
terms used in the Contract Documents.
B. Substitutions: Requests for changes in products, materials, equipment, and methods of
construction required by Contract Documents proposed by the Contractor after award of
the Contract are considered requests for "substitutions." Request for substitutions prior
to bids are not considered substitutions but as "Prior Approvals". The following are not
considered substitutions:
1. Substitutions requested by Bidders during the bidding period, and accepted prior
to award of Contract, are considered as included in the Contract Documents.
"Prior Approvals" shall meet the requirements specified in this Section for
Substitution Request Submittal.
2. Revisions to Contract Documents requested by the Owner or Engineer.
3. Specified options of products and construction methods included in Contract
Documents.
C. Substitution Request Submittal: Requests for substitution will be considered if received
within 60 days after commencement of the Work. Requests received more than 60 days
after commencement of the Work may be considered or rejected at the discretion of the
Engineer.
1. Submit 3 copies of each request for substitution for consideration. Submit requests
in the form and in accordance with procedures required for Change Order
proposals.
2. At the beginning of the request for substitution, clearly state the basis on which the
request is made. Identify the product, or the fabrication or installation method to
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City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
be replaced in each request. Include related Specification Section and Drawing
numbers. Provide complete documentation showing compliance with the
requirements for substitutions, and the following information, as appropriate:
3. Product Data, including Drawings and descriptions of products, fabrication and
installation procedures.
4. Samples of both the proposed substitution and the specified product, where
applicable or requested.
5. A detailed comparison of significant qualities of the proposed substitution with
those of the Work specified. Significant qualities may include elements such as
size, weight, durability, performance and visual effect.
6. Coordination information, including a list of changes or modifications needed to
other parts of the Work and to construction performed by separate Contractors that
will become necessary to accommodate the proposed substitution.
7. A statement indicating the substitution's effect on the Contractor's Construction
Schedule compared to the schedule without approval of the substitution. Indicate
the effect of the proposed substitution on overall Contract Time.
8. Cost information, including a proposal of the net change, if any in the Contract
Sum.
9. Certification by the Contractor that the substitution proposed is equal-to or better
in every significant respect to that required by the Contract Documents, and that it
will perform adequately in the application indicated. Include the Contractor's
waiver of rights to additional payment or time that may subsequently become
necessary because of the failure of the substitution to perform adequately.
D. Engineer's Action: Within one week of receipt of the request for substitution, the
Engineer will request additional information or documentation necessary for evaluation
of the request. Within 2 weeks of receipt of the request, or one week of receipt of the
additional information or documentation, which ever is later, the Engineer will notify the
Contractor of acceptance or rejection of the proposed substitution. If a decision on use
of a proposed substitute cannot be made or obtained within the time allocated, use the
product specified by name. Acceptance will be in the form of a Change Order.
PART 2 - PRODUCTS
2.1 SUBSTITUTIONS
A. Conditions: The Contractor's substitution request will be received and considered by the
Engineer when: extensive revisions to Contract Documents are not required; proposed
changes are in keeping with the general intent of the Contract Documents; the request
is timely, fully documented and properly submitted; and when one or more of the
following conditions are satisfied, as determined by the Engineer; otherwise requests will
be returned without action except to record noncompliance with these requirements.
1. The request is directly related to an "or equal" clause or similar language in the
Contract Documents.
2. The specified product or method of construction cannot be provided within the
Contract Time. The request will not be considered if the product or method cannot
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City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
be provided as a result of failure to pursue the Work promptly or coordinate
activities properly.
3. The specified product or method of construction cannot receive necessary
approval by a governing authority, and the requested substitution can be approved.
4. A substantial advantage is offered the Owner, in terms of cost, time, energy
conservation or other considerations of merit, after deducting offsetting
responsibilities the Owner may be required to bear. Additional responsibilities for
the Owner shall include additional compensation to the Engineer for redesign and
evaluation services, increased cost of other construction by the Owner or separate
Contractors, and similar considerations.
5. The specified product or method of construction cannot be provided in a manner
that is compatible with other materials, and where the Contractor certifies that the
substitution will overcome the incompatibility.
6. The specified product or method of construction cannot be coordinated with other
materials, and where the Contractor certifies that the proposed substitution can be
coordinated.
7. The specified product or method of construction cannot provide a warranty
required by the Contract Documents and where the Contractor certifies that the
proposed substitution provide the required warranty.
B. The Contractor's submittal and Engineer's acceptance of Shop Drawings, Product Data
or Samples that relate to construction activities not complying with the Contract
Documents does not constitute an acceptable or valid request for substitution, nor does
it constitute approval.
C. If a proposed substitution requires investigation, testing or approval to determine its
suitability for incorporation into the Work, the testing of the proposed substitution shall
be determined by the Engineer. The Contractor shall bear all costs of such investigations
or tests, including the Engineer's additional services made necessary by such
substitutions.
PART 3 - EXECUTION NOT APPLICABLE
END OF SECTION 01 63 10
PRODUCT SUBSTITUTIONS 01 63 10 - 3
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
SECTION 01 70 00
PROJECT CLOSEOUT
PART 1 - GENERAL
1.1 SUMMARY
A. This Section specifies administrative and procedural requirements for project closeout,
including but not limited to:
1. Inspection procedures.
2. Project record document submittal.
3. Final cleaning.
1.2 SUBSTANTIAL COMPLETION
A. Preliminary Procedures: Before requesting inspection for certification of Substantial
Completion, complete the following. List exceptions in the request.
1. In the Application for Payment that coincides with, or first follows, the date
Substantial Completion is claimed, show 100 percent completion for the portion of
the Work claimed as substantially complete. Include supporting documentation for
completion as indicated in these Contract Documents and a statement showing an
accounting of changes to the Contract Sum.
a. If 100 percent completion cannot be shown, include a list of incomplete
items, the value of incomplete construction, and reasons the Work is not
complete.
2. Advise Owner of pending insurance change-over requirements.
3. Submit specific warranties, workmanship bonds, maintenance agreements, final
certifications and similar documents.
4. Submit record drawings, damage or settlement survey, property survey, and
similar final record information.
5. Discontinue or change over and remove temporary facilities from the site, along
with construction tools and similar elements. Restore dewatering sites to their
original condition.
6. Complete final clean up requirements.
B. Inspection Procedures: On receipt of a request for inspection, the Engineer will either
proceed with inspection or advise the Contractor of unfilled requirements. The Engineer
will prepare the Certificate of Substantial Completion following inspection, or advise the
Contractor of construction that must be completed or corrected before the certificate will
be issued.
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City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
1. The Engineer will repeat inspection when requested and assured that the Work
has been substantially completed.
2. Results of the completed inspection will form the basis of requirements for final
acceptance.
1.3 FINAL ACCEPTANCE
A. Preliminary Procedures: Before requesting final inspection for certification of final
acceptance and final payment, complete the following. List exceptions in the request.
1. Submit the final payment request with releases and supporting documentation not
previously submitted and accepted. Include certificates of insurance for products
and completed operations where required.
2. Submit an updated final statement, accounting for final additional changes to the
Contract Sum.
3. Submit a certified copy of the Engineer's final inspection list of items to be
completed or corrected, stating that each item has been completed or otherwise
resolved for acceptance, and the list has been endorsed and dated by the
Engineer.
4. Submit consent of surety to final payment.
5. Submit a final liquidated damages settlement statement.
6. Submit evidence of final, continuing insurance coverage complying with insurance
requirements.
B. Reinspection Procedure: The Engineer will reinspect the Work upon receipt of notice
that the Work, including inspection list items from earlier inspections, has been
completed, except items whose completion has been delayed because of circumstances
acceptable to the Owner.
1. Upon completion of reinspection, the Engineer will prepare a certificate of final
acceptance, or advise the Contractor of Work that is incomplete or of obligations
that have not been fulfilled but are required for final acceptance.
2. If necessary, reinspection will be repeated.
1.4 AS-BUILT DRAWINGS
A. The Contractor shall provide final as-built drawings as follows: One (1) electronic copy
and three (3) signed and sealed prints. Blue-line prints shall be signed and sealed by a
surveyor or an engineer registered in the State of Florida.
1.5 RECORD DOCUMENT SUBMITTALS
A. General: Do not use record documents for construction purposes; protect from
deterioration and loss in a secure, fire-resistive location; provide access to record
documents for the Owner and/or Engineer's reference during normal working hours.
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City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
B. Record Drawings: Maintain a clean, undamaged set of blue or black line white-prints of
Contract Drawings and Shop Drawings. Mark the set to show the actual installation
where the installation varies substantially from the Work as originally shown. Mark
whichever drawing is most capable of showing conditions fully and accurately; where
Shop Drawings are used, record a cross-reference at the corresponding location on the
Contract Drawings. Give particular attention to concealed elements that would be
difficult to measure and record at a later date.
1. Mark record sets with red erasable pencil; use other colors to distinguish between
variations in separate categories of the Work.
2. Mark new information that is important to the Owner, but was not shown on
Contract Drawings or Shop Drawings.
3. Note related Change Order numbers where applicable.
4. Organize record drawing sheets into manageable sets, bind with durable paper
cover sheets, and print suitable titles, dates and other identification on the cover
of each set.
PART 2 - PRODUCTS NOT APPLICABLE
PART 3 - EXECUTION
3.1 FINAL CLEANING
A. General: General cleaning during construction is required by the General Conditions
and included in Section "Temporary Facilities".
1. Clean the site, including sodded areas, of rubbish, litter and other foreign
substances.
B. Removal of Protection: Remove temporary protection and facilities installed for
protection of the Work during construction.
C. Compliance: Comply with regulations of authorities having jurisdiction and safety
standards for cleaning. Do not burn waste materials. Do not bury debris or excess
materials on the Owner's property. Do not discharge volatile, harmful or dangerous
materials into drainage systems. Remove waste materials from the site and dispose of
in a lawful manner.
1. Where extra materials of value remaining after completion of associated Work
have become the Owner's property, arrange for disposition of these materials as
directed.
END OF SECTION 01 70 00
PROJECT CLOSEOUT 01 70 00 - 3
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
SECTION 01 74 00
WARRANTIES AND BONDS
PART 1 - GENERAL
1.1 SUMMARY
A. This Section specifies general administrative and procedural requirements for warranties
warranties on products and special warranties.
1. Refer to the General Conditions for terms of the Contractor's special warranty of
workmanship and materials.
2. General closeout requirements are included in Section "Project Closeout."
3. Specific requirements for warranties for the Work and products and installations
that are specified to be warranted, are included in the individual Sections of
Division-2.
4. Certifications and other commitments and agreements for continuing services to
Owner are specified elsewhere in the Contract Documents.
B. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product
warranties do not relieve the Contractor of the warranty on the Work that incorporates
the products, nor does it relieve suppliers, manufacturers, and subcontractors required
to countersign special warranties with the Contractor.
1.2 DEFINITIONS
A. Standard Product Warranties are preprinted written warranties published by individual
manufacturers for particular products and are specifically endorsed by the manufacturer
to the Owner.
B. Special Warranties are written warranties required by or incorporated in the Contract
Documents, either to extend time limits provided by standard warranties or to provide
greater rights for the Owner.
1.3 WARRANTY REQUIREMENTS
A. Related Damages and Losses: When correcting warranted Work that has failed, remove
and replace other Work that has been damaged as a result of such failure or that must
be removed and replaced to provide access for correction of warranted Work.
B. Reinstatement of Warranty: When Work covered by a warranty has failed and been
corrected by replacement or rebuilding, reinstate the warranty by written endorsement.
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City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
The reinstated warranty shall be equal to the original warranty with an equitable
adjustment for depreciation.
C. Replacement Cost: Upon determination that Work covered by a warranty has failed,
replace or rebuild the Work to an acceptable condition complying with requirements of
Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding
defective Work regardless of whether the Owner has benefited from use of the Work
through a portion of its anticipated useful service life.
D. Owner's Recourse: Written warranties made to the Owner are in addition to implied
warranties, and shall not limit the duties, obligations, rights and remedies otherwise
available under the law, nor shall warranty periods be interpreted as limitations on time
in which the Owner can enforce such other duties, obligations, rights, or remedies.
1. Rejection of Warranties: The Owner reserves the right to reject warranties and to
limit selections to products with warranties not in conflict with requirements of the
Contract Documents.
E. The Owner reserves the right to refuse to accept Work for the Project where a special
warranty, certification, or similar commitment is required on such Work or part of the
Work, until evidence is presented that entities required to countersign such commitments
are willing to do so.
1.4 SUBMITTALS
A. Submit written warranties to the Engineer prior to the date certified for Substantial
Completion. If the Engineer's Certificate of Substantial Completion designates a
commencement date for warranties other than the date of Substantial Completion for the
Work, or a designated portion of the Work, submit written warranties upon request of the
Engineer.
1. When a designated portion of the Work is completed and used by the Owner, by
separate agreement with the Contractor during the construction period, submit
properly executed warranties to the Engineer within fifteen days of completion of
that designated portion of the Work.
B. When a special warranty is required to be executed by the Contractor, or the Contractor
and a subcontractor, supplier or manufacturer, prepare a written document that contains
appropriate terms and identification, ready for execution by the required parties. Submit
a draft to the Owner through the Engineer for approval prior to final execution.
C. Prepare a written document, ready for execution by the Contractor, or the Contractor and
subcontractor, supplier or manufacturer. Submit a draft to the Owner through the
Engineer for approval prior to final execution.
D. Form of Submittal: At Final Completion compile two copies of each required warranty
and bond properly executed by the Contractor, or by the Contractor, subcontractor,
supplier, or manufacturer. Organize the warranty documents into an orderly sequence.
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City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
E. Bind warranties and bonds in heavy-duty, commercial quality, durable 3-ring vinyl
covered loose-leaf binders, thickness as necessary to accommodate contents, and sized
to receive 8-1/2" by 11" paper.
1. Provide heavy paper dividers with celluloid covered tabs for each separate
warranty. Mark the tab to identify the product or installation. Provide a typed
description of the product or installation, including the name of the product, and
the name, address and telephone number of the installer.
2. Identify each binder on the front and the spine with the typed or printed title
"WARRANTIES AND BONDS, the Project title or name, and the name of the
Contractor.
F. When operating and maintenance manuals are required for warranted construction,
provide additional copies of each required warranty, as necessary, for inclusion in each
required manual.
PART 2 - PRODUCTS NOT APPLICABLE
PART 3 - EXECUTION NOT APPLICABLE
END OF SECTION 01 74 00
WARRANTIES AND BONDS 01 74 00 - 3
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
SECTION 02 50 00
EROSION CONTROL
PART 1 - GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of Contract, including General and Supplementary
Conditions and Division 1 Specification sections apply to work of this Section.
1.2 DESCRIPTION OF WORK
A. Shoreline protection for the Waste Water Treatment Plant (WWTP) from high
wind/wave erosion by providing a combination of coquina rock placement, selective
upland bank planting with existing vegetation and enhancement of a top bank
infiltration swale.
1.3 SUBMITTALS
A. Material Certificates signed by material producer and Contractor certifying that each
material item complies with or exceeds specified requirements.
1.4 MATERIALS, SITE PREPARATION, EQUIPMENT, CONSTRUCTION
PROCEDURES, AND TESTING METHODS
A. Materials as specified on drawings.
1.5 CLEAN-UP
A. Clean-up is an essential part of the work. As the work progresses and is completed,
the contractor shall clean the site of all construction operations to the satisfaction of
the Engineer and the Owner. This clean-up shall be done as promptly as practicable
and shall not be left until the end of the construction period.
2 PART 2 EXECUTION
2.1 EROSION CONTROL PLAN
A. Excavation method shall be selected by the Contractor, unless otherwise shown on the
drawings or required by local regulations.
B. Contractor shall be responsible for erosion and sedimentation control.
C. Prepare and submit an Erosion Control Plan based upon the proposed excavation
method.
D. Erosion Control Plan shall be reviewed and accepted by the Engineer prior to
commencement of any land disrupting activities. Erosion Control Plan shall be
EROSION CONTROL 02 50 00 - 1
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
reviewed and accepted by state, local or state and local authorities having jurisdiction
over erosion and sedimentation control prior to commencement of any land disrupting
activities.
E. Submit erosion and sedimentation control plan approved by state, local, or state and
local authorities.
2.2 LOCATION
A. The type of sedimentation and erosion control (SEC) devices to be employed on the
project will depend on location and adjoining features of the land at that location.
B. Construction SEC devices in accordance with approved Erosion Control Plan.
2.3 SEDIMENT FENCE CONSTRUCTION
A. Locate sediment fence down-slope source of sediment. Extend sediment fence
around source of sediment so that all run0off from source of sediment flows through
sediment fence.
B. Set posts down-slope of fabric.
C.
D. When joints are necessary, securely fasten fabric at support post with overlap to next
post.
2.4 SILTATION AND BANK EROSION
A. Take adequate precautions to minimize siltation and bank erosion or during other
construction activities.
2.5 FLOATING TURBIDITY BARRIERS AND STAKED TURBIDITY BARRIERS
A. Install, maintain, and remove turbidity barriers to contain turbidity that may occur as
the result of dredging, filling, or other construction activities, which may cause turbidity
to occur in the waters of the State. The Contractor may need to deploy turbidity
barriers around isolated areas of concern such as seagrass beds, coral communities,
etc., both within as well as outside the right-of-way limits. The Engineer will identify
such areas. Place the barriers prior to the commencement of any work that could
impact the area of concern. Install the barriers in accordance with the details shown in
the Plans or as approved by the Engineer. Ensure that the type of barrier sued and
the deployment and maintenance of the barrier will minimize dispersion of turbid
waters from the construction site. The Engineer may approve alternate methods or
materials.
B. Operate turbidity barriers in such a manger to avoid or minimize the degradation of the
water quality of the surrounding waters and minimize damage to areas where floating
barriers are installed.
EROSION CONTROL 02 50 00 - 2
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
END OF SECTION 02 50 00
EROSION CONTROL 02 50 00 - 3
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
SECTION 02 82 10
CHAIN LINK FENCES AND GATES
PART 1 - GENERAL
1.1 SUMMARY
A. Furnish and install fencing indicated on the Contract Drawings.
B. Temporary installation and removed of fencing as required for the construction performed
under this Contract.
1.2 SUBMITTALS
A. Furnish shop drawings for the materials, construction and installation of the fence in
accordance with the Special Conditions. Note, three (3) strand barbed wire on top rails
facing outward are required. See typical section in drawings.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Fabric
1. Use galvanized steel fabric No. 9 gauge wire woven in a two (2) inch mesh.
2. Provide fabric conforming to ASTM A 491.
B. Framework
1. Provide hot dipped galvanized steel posts and other appurtenances used in the
construction of fence with a minimum of 1.8 ounces per square foot of surface.
2. Sizes referred to are nominal O. D. as commonly used in the trade.
C. Line Posts
1. Provide 2 1/2 inch O. D., hot dipped galvanized steel, and weight 3.65 pounds per
lineal foot Intermediate line posts.
2. Crown posts without arms to shed water.
D. Terminal Posts
1. Provide 3 inch O. D, hot dipped galvanized steel, and weight 5.79 pounds per lineal
foot end and corner posts.
CHAIN LINK FENCES & GATES 02 82 10 - 1
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
2. Crown posts without arms to shed water.
E. Swing Gate Posts
1. Provide 4 inch O. D., hot dipped galvanized steel, and weight 9.1 pounds per lineal
foot swing gate posts.
F. Bottom Wire
1. Provide seven (7) gauge coil spring galvanized steel bottom tension wire.
2. Stretch tension wire taut from terminal to terminal post and securely fastened to each
inter-mediate post six (6) inches above the grade line.
3. Attach tension wire to the fence fabric with galvanized steel hog rings every twelve
(12) inches.
G. Line and Corner Post Arms
1. Equip line and corner posts with outside drive on type heavy galvanized malleable
iron 45 degree barb wire arms with set screw to exclude moisture.
2. Intermediate line post tops to be one piece galvanized steel, outside sleeve type, and
to facilitate passage of top rail through same.
H. Top Rail
1. Provide 1 5/8 inch O. D., hot dipped galvanized steel, and weight 2.27 pounds per
lineal foot rails.
2. Provide outside type six (6) inch long couplings and joined at approximate twenty (20)
feet intervals top rails.
3. The top rail is to pass through line post tops to form a continuous brace end to end of
each stretch of fence.
I. Barbed Wire
1. Three (3) strand barbed wire will be placed on top rails facing outward.
J. Braces
1. Make brace pipe the same as top rail and install midway between the top rail and
ground and extend from the terminal post to the first adjacent line post.
2. Securely fastened brace pipe to posts with malleable iron rail end cap and have
beveled edge pressed steel brace band with bolt, then trussed from line post to base
of terminal post with a 3/8 inch truss rod and tightener.
3. On runs of fence requiring two (2) line post or less, omit truss rod assembly and install
a continuous center brace rail.
K. Miscellaneous Hardware
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City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
1. Provide steel, malleable iron, or ductile iron: stops, latches, keepers, post caps, barb
wire supporting arms, fasteners, and hardware.
2. Provide hot dip galvanizing after fabrication, using zinc grade E, in accordance with
Federal Specification QQ-2-Z-51 with a minimum of 1.2 ounces of zinc per square
foot of surface.
L. Gate Hardware
1. Provide galvanized finish conforming to ASTM A 153.
2. Size hinges and the material must suit the gate size, non-lift-off type, offset to permit
180 degree gate opening; 1-1/2 pairs.
3. Use forked type or plunger-bar type latch to permit operation from either side of the
gate, with padlock eye as an integral part of the latch. SLID Stormwater Treatment
Area 02821 - 3 Chain Link Fences and Gates 14-1766 / 2015
4. Use mushroom type gate stops flush plates with anchors, set in concrete, and
designed to engage center drop rod or plunger-bar.
a. Include locking device and padlock eyes as an integral part of the latch, permitting
both gate leaves to be locked with a single padlock.
PART 3 - EXECUTION
3.1 INSTALLATION
A. Evenly space posts in the line of fence at a maximum of ten (10) feet on center.
B. Provide professional installation with skilled mechanics experienced in erection of this
type of fence.
C. Erect the fence on line and to grade as shown in the Drawings.
D. Set posts in concrete foundations in the ground to a minimum of four (4) times the
diameter of the post.
E. Provide Portland cement, ASTM C 150, aggregates ASTM C 33, Cast-In Place
Concrete.
1. Mix material to obtain concrete with a minimum twenty-eight (28) day compressive
strength of 2500 psi.
2. Use at least four (4) sacks of cement per cubic yard, one (1) inch maximum aggregate
size, and clean water.
3. Achieve a maximum three (3) inch slump and two (2) to four (4) percent entrained air.
CHAIN LINK FENCES & GATES 02 82 10 - 3
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
4. The exposed surface of the concrete shall be crowned to shed water.
3.2 FABRIC FASTENING
A. Fabric to be stretched taut from terminal to terminal and secured to same with a heavy
galvanized 3/4-inch tension bar and heavy beveled edge tension band with bolts, one (1)
band less than the height of fence.
B. Fasten chain link fabric to rails, intermediate posts with a No. 6 gauge galvanized steel
tie a maximum of fourteen (14) inch on center.
C. The tie ends to be wrapped on it's own end a minimum of two (2) times and turned in to
eliminate hazardous condition.
3.3 REMOVAL OF EXISTING FENCING
A. Remove existing fencing as shown in the Drawings and dispose of properly.
3.4 CLEANUP
A. Upon completion of the installation, remove debris created by the installation from the
premises of the OWNER or disposed of as directed by the OWNER.
END OF SECTION 02 82 10
CHAIN LINK FENCES & GATES 02 82 10 - 4
City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
SECTION 02 90 00
SODDING
PART 1 - GENERAL
1.1 DESCRIPTION OF WORK
A. Extent of sodding is indicated on drawings.
B. The work specified in this Section consists of the establishing of a stand of grass, within
the areas specified, by the furnishing and placing of grass sod, watering, and maintaining
the sodded areas such as to assure a healthy stand of grass.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Sod shall be bahia grass, unless otherwise specified. It shall be well matted with roots.
B. Condition: The sod shall be sufficiently thick to secure a dense stand of live grass. The
sod shall be live, fresh and uninjured, at the time of planting. It shall have a soil mat of
sufficient thickness adhering firmly to the roots to withstand all necessary handling. It
shall be reasonably free of weeds and other grasses. It shall be planted as soon as
possible after being dug and shall be shaded and kept moist from the time it is dug until
it is planted.
C. No sod which has been cut for more than 72 hours may be used unless specifically
authorized by the Engineer after his careful inspection thereof.
D. Water: The water used in the grassing operations shall be free of excess and harmful
chemicals, acids, alkalies, or any substance which might be harmful to grass growth.
Salt water shall not be used.
PART 3 - EXECUTION
3.1 INSTALLATION
A. Preparation of Ground: The areas over which the sod is to be placed shall be scarified
or loosened to suitable depth. On areas where the soil is sufficiently loose, particularly
on shoulders and fill slopes, the Engineer may, at his discretion, authorize the elimination
of the ground preparation.
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City of Cape Canaveral
Waste Water Treatment Site Shoreline Protection Bid #2018-03
B. Sodding shall be incorporated into the project at the earliest practical time in the life of
the contract. No sod which has been cut for more than 72 hours shall be used unless
specifically authorized by the Engineer after his careful inspection thereof. Any sod
which is not planted within 24 hours after cutting shall be stacked in an approved manner
and maintained properly moistened.
C. Sodding shall not be performed when weather and soil conditions are unsuitable for
proper results.
D. The sod shall be placed on the prepared surface, with edges in close contact, and shall
be firmly and smoothly embedded by light tamping with appropriate tools.
E. Where sodding is used in drainage ditches, the setting of the pieces shall be staggered
such as to avoid a continuous seam along the line of flow. Along the edges of such
staggered areas the offsets of individual strips shall not exceed six inches. In order to
prevent erosion caused by vertical edges at the outer limits, the outer pieces of sod shall
be tamped so as to produce a feather edge effect.
F. On areas where the sod may slide, due to height and slope, the sod shall be pegged,
with pegs driven through the sod blocks into firm earth, at suitable intervals.
G. Any pieces of sod which, after placing, show an appearance of extreme dryness shall be
removed from the work.
H. Watering: The areas on which the sod is to be placed shall contain sufficient moisture,
for optimum results after being placed. The sod shall be kept in a moist condition for the
duration of the contract period (and in no case less than two weeks). The moistened
condition shall extend to at least to the full depth of the rooting zone.
I. Maintenance: The Contractor shall maintain the planted areas in a satisfactory condition
until final acceptance of the project. Such maintenance shall include the filling, leveling,
and repairing of any washed or eroded areas, as may be necessary. The Engineer, at
any time may require replanting of any areas in which the establishment of the grass
stand does not appear to be developing satisfactorily.
END OF SECTION 02 90 00
SODDING 02 90 00 - 2
(321) 288-1040
JAPJAP
BDS
CAPE CANAVERAL, FL, 32920
12-26-2017
AS NOTED
Of:
102 COLUMBIA DRIVE, SUITE 207
C.A. No. 30197P.E. No. 20559
COLUMBIA COMMERCIAL PLAZA
110717.4JP-WWTP.DWG
Seal
CA#30197
Drawing Number
Drawing Information
Revisions/Comments:Cadd File Information
JOHN A. PEKAR, P.E., LLC.
Drawing:
CS-1
John A. Pekar
Cadd File:Scale:Drawn by:Checked by:Approved by:Date:
(321) 288-1040
JAPJAP
BDS
CAPE CANAVERAL, FL, 32920
12-26-2017
AS NOTED
Of:
102 COLUMBIA DRIVE, SUITE 207
C.A. No. 30197P.E. No. 20559
COLUMBIA COMMERCIAL PLAZA
110717.4JP-WWTP.DWG
Seal
CA#30197
Drawing Number
Drawing Information
Revisions/Comments:Cadd File Information
C-1
JOHN A. PEKAR, P.E., LLC.
Drawing:
John A. Pekar
Cadd File:Scale:Drawn by:Checked by:Approved by:Date:
RIP
RIP
ROCK,
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ROCK,RIP
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NEEDED
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GEOTEXTILE
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FROM
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TOE
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TO ELEVATION 2.0ALONG ACCESS MAINTENANCE GRASS PATHADJUST
PLACEPROVIDE EROSION CONTROL FOR ALL DISTURBED AREAS.PLACEBUILD UP TO RESTORE 2:1 SLOPES.INSTALLBETWEEN COQUINA ROCK AND BANK.SMALLER COQUINA ROCK 1-3 FEET IN SIZE TO ELEVATION 4.0+/-REUSERAP
TO ELEVATION 2.0SMALLER COQUINA ROCK 1-3 FEET IN SIZE TO ELEVATION 4.0+/-ALONG ACCESS MAINTENANCE GRASS PATHADJUST
PLACEPROVIDE EROSION CONTROL FOR ALL DISTURBED AREAS.PLACEBUILD UP TO RESTORE 2:1 SLOPES.INSTALLBETWEEN COQUINA ROCK AND BANK.REUSERAP
TO ELEVATION 2.0SMALLER COQUINA ROCK 1-3 FEET IN SIZE TO ELEVATION 4.0+/-ALONG ACCESS MAINTENANCE GRASS PATHADJUST
PLACEPROVIDE EROSION CONTROL FOR ALL DISTURBED AREAS.PLACEBUILD UP TO RESTORE 2:1 SLOPES.INSTALLBETWEEN COQUINA ROCK AND BANK.REUSERAP
CONSTRUCTION NOTES:2.3.4.5.6.7.
1.
CONSTRUCTION NOTES:2.3.4.5.6.7.
1.
4.
CONSTRUCTION NOTES:1.2.3.5.6.7.
AT
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SHUT
NOT
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VESSELSON-SITE IN-WATER
THE
ALLALLWHERETHE BOTTOM. ALL VESSELS WILL FOLLOW ROUTES OF DEEP WATER WHENEVER POSSIBLE.ALLACTIVITIESVESSELS,ACTIVITIESANYTOTEMPORARYALLAPPROVED-LEASTTHE
PRESENCECOLLISIONSCONSTRUCTIONHARMING,MAMMALSANCTUARY ACT.SPEED/NOSILTATIONCANNOTMONITOREDIMPEDE MANATEE MOVEMENT.RADIUSHASHERDED AWAY OR HARASSED INTO LEAVING.FWCFLORIDA OR VERO BEACH
(1-561 -562-3909) FOR SOUTH FLORIDA.UPONCOMMISSIONREADSPROMINENTLY VISIBLE TO ALL PERSONNEL ENGAGED IN WATER-RELATED ACTIVITIES.
A.B.C.D.E.F.
THE PERMITTEE SHALL COMPLY WITH THE FOLLOWING CONDITIONS INTENDED TO PROTECT
MANATEES FROM DIRECT PROJECT EFFECTS:
BYBEBE
OFOFTO
THETHE
ANDANDANDANYANDAND
WITH
LAND
TO
CLEAN
OFA
UP
AND/OR
DRAINS,
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ENGINEERBY
CLEANDRAWINGS,CY),
AND
OTHERWISE
BE
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DOCUMENTS
ONLY DIMENSIONS,
A
RECORDSLOPES
PROPERTY
BLUELINE
80
PLANSTHE
APPROVALS
CONSTRUCTIONPERMITSTO
IN
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PERFORMED
OF
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NEATTO
ON
APPROVAL
THE SEALED
RECORD
THE
PERMITS
TO
MINIMUM
BEA
UNLESS
IS OR
KEPT
IN
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PROJECTINAND
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PRIOR
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COQUINAWITH
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ONWILL
PRIOR
REQUIRED
AREA
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ENGINEER CHANGES
COURSES,
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THE
+/-)DRAWINGS
CONTRACTOR.
OF
TYPESIGNED
MATERIAL
MATERIAL
VERIFYTHE
ANY (APPROXIMATELY
OFSHALL
THE
ENGINEER
THE
CONSTRUCTIONWHERE
BE
WITHOUTHOURSLBS.PLACED
THEDESIGNATED
REPRESENTATIONS
SET
WATER
OFTOMAINTAINED
OF AND
THE
46BESUCH
OF
IN
COPY
(100HIS
BE
EXCESS
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EXISTINGCONTRACTSHALL
TO
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ALL
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SHALL
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AT
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SHALL
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ALLOPERATIONS,
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ALLSHORELINE
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NUMBERBE
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TO
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DIRECTED.
THE
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PRIOR CONSTRUCTION
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AND
OFDURING
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BE
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AT THE
THE
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ANY
OF
OF
ORPROCEED",
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SHALLSITE
MATERIALS
WORK PROJECT CLOSEOUT
QUALITY ASSURANCE AND
LBS)JOB,
U.N.C.L.E.
AND CONSTRUCTION NOTES
RESULT
TOSHALL
FROM
OTHERWISERESPONSIBLE
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SHORELINE PROTECTION
50
HIS
A
FOLLOWING
PERFORMED
AN
THE
WASHEDEACH,
CONTRACTORALL
AVAILABLE
AS AMOUNT
DISPOSED
BE
BE
CHANGES
OF
PROJECT
FENCE REPLACEMENT/SODDING
LARGE HASOF
DRAWINGS
(OVER
UNLESS"NOTICE
ENVIRONMENTAL
EARTHWORK
OBTAINEDAREAS,
HAVEOBTAIN
DRAWINGS
OWNER
THE
PERFORM WILL
THEFIELD
WORK,
PRECONSTRUCTION RESPONSIBILITIES
THE
DEPICTED
LIMITED
BE
SHALL
CONSTRUCTION,
DEBRIS
NO
AREASONTHE
OFOF
INCLUDE
SPECIFICATIONS,
SHALL SHALLCOQUINAELSEWHEREOF
PROGRESS
SHALL THESE
EXCESS
OR
TO
ELEVATIONS
SHALLTO
OR
GRADING
OF SATISFACTORILY
DISTURBED
WORK.
DISK.
DAILY
AND
STARTAND
PLANS,
RECEIPT
SPECIFICATIONS.
SITES OFANDSTOCKPILED
ROCK
SMALLER
DISTURBED
CONSTRUCTION,
THE
MATERIAL
TO
ROUGH
BASINS,
BIDINFORMATION
CONTRACTOR
THE
COMPLETION
HAS
ALL
CONTRACTORDISCREPANCIESCONTRACTOR
DISPOSALCONTRACTOR
RECORD
THE
THE WORD "OWNER" SHALL MEAN CITY OF CAPE CANAVERAL.THE PHRASE" ENGINEER OF RECORD" SHALL REFER TO JOHN A. PEKAR, PEALL ELEVATIONS SHOWN ON THE CONSTRUCTION DRAWINGS ARE BASED ON THE
NORTHTHETHE CONTRACTOR.SODTHETHE CONTRACTOR SHALL NOTIFY ALL UTILITY COMPANIES A MINIMUM OF TWO WORKING DAYS PRIOR TO EXCAVATION.ALL (P.R.M.'s) IRONS AND MONUMENTS SHOWN ON PLANS, OR
FOUND, SHALL BE PRESERVED.THE CONTRACTOR SHALL BE RESPONSIBLE TO FURNISH ALL MATERIAL AND LABOR TO CONSTRUCT THE FACILITY AS SHOWN.THEANYCOMMENCINGTHEALLSHOULD NOT BE SCALED.ARRANGE
A PRECONSTRUCTION CONFERENCE.THESLOPESLOPES CANNOT EXCEED 2:1.COQUINASLOPES.WHERE EXISTING RIP RAP EXISTS, CONTRACTOR SHALL MODIFY THIS SECTION PER SPECIAL DETAIL ON PLANS.CONTRACTOR
TO FIRST MARK LOCATION OF NEW FENCE POSTS AND GATE LOCATIONS AND OBTAIN APPROVAL BY OWNER.CONTRACTOR TO REMOVE EXISTING FENCE FROM SITE AND DISPOSE OF PROPERLY.SODDINGCONTRACTOR. NEW
SOD TO BE WATERED BY CONTRACTOR UNTIL ROOTS ESTABLISHED.CONTRACTOR TO PROVIDE PROTECTION OF THE NOTED BENCH MARKS ON SITE.WHERECATCHTHE EXACT LOCATION, LENGTH, AND ELEVATION OF ANY
FACILITY NOT BUILT EXACTLY ACCORDING TO PLANS.OFSURVEYOR REGISTERED IN THE STATE OF FLORIDA.CONTRACTOR TO COORDINATE STOCK PILE MATERIAL AREAS WITH CITY PRIOR TO START OF WORKCONTRACTOR
WORK ACCESS TO REPAIR SITES TO ALSO BE COORDINATED WITH CITY PRIOR TO START OF WORKCITYCOORDINATED WITH THE CITY
DISPOSALDIRECTED BY THE ENGINEER.INDESIGNATED BY THE ENGINEER.INCLUDINGPERMITS.ENGINEER OF RECORD.BONDS PRIOR TO CONSTRUCTION.UPONEXCAVATION, CALL 1-800-432-4770.FLOATING TURBIDITY BARRIERS
SHALL BE INSTALLED PRIOR TO ANY WORK ON THE WWTP BANKS.GEO FABRIC UNLESS OTHERWISE NOTED BY ENGINEER.PRIORENVIRONMENTAL AREAS, AND TAKE PHOTOS OF MAJOR WORK AREAS.DURING THE BANK GRADING
AND PLACEMENT OF GEO FABRIC.DURING PLACEMENT OF COQUINA ROCK.DURING PLACEMENT OF NEW FENCE AND GATES.DURINGMANNER, AND UPON FINAL CLEAN-UP, THE PROJECT SITE SHALL BE LEFT CLEAR OF ALL
SURPLUS MATERIAL OR TRASH.REMOVEDNEAT CONDITION.DURINGUPONELECTRONICLOCATIONS,
2.AMERICAN VERTICAL DATUM OF 1988 (N.A.V.D.), UNLESS OTHERWISE NOTED.2.3.4.5.6.7.8.9.2.GENERAL2.3.4.5.GENERAL2.3.THE CONTRACTOR SHALL NOTIFY THE ENGINEER OF RECORD PRIOR TO BEGINNING
CONSTRUCTION AND PRIOR TO THE2.3.GENERALCLEANING UP2.PROJECT RECORD DOCUMENTS2.2.3.
1.1.10.11.1.1.1.INSPECTION OF THE FOLLOWING ITEMS, WHERE APPLICABLE:1.1.1.1.1.
A.A.A.A.A.
B.
CA No. 30197
JAPJAP
BDS
(321) 288-1040
12-26-2017
AS NOTED
Of:
CAPE CANAVERAL, FL, 32920
C.A. No. 30197P.E. No. 20559
102 COLUMBIA DRIVE, SUITE 207
110717.4JP-WWTP.DWG
Seal
COLUMBIA COMMERCIAL PLAZA
Drawing Number
Drawing Information
Revisions/Comments:
JOHN A. PEKAR, P.E., L.L.C.Cadd File Information
C-2
Drawing:
John A. Pekar
Cadd File:Scale:Drawn by:Checked by:Approved by:Date:
(321) 288-1040
JAPJAP
BDS
CAPE CANAVERAL, FL, 32920
12-26-2017
AS NOTED
Of:
102 COLUMBIA DRIVE, SUITE 207
C.A. No. 30197P.E. No. 20559
COLUMBIA COMMERCIAL PLAZA
110717.4JP-WWTP.DWG
Seal
CA#30197
Drawing Number
Drawing Information
Revisions/Comments:Cadd File Information
C-3
JOHN A. PEKAR, P.E., LLC.
Drawing:
John A. Pekar
Cadd File:Scale:Drawn by:Checked by:Approved by:Date:
RIPRIP
ROCK,ROCK,
SLOPESLOPE
NEEDEDNEEDED
OFOF
FROMFROM
ISIS
GEOTEXTILEGEOTEXTILE
TOETOE
COQUINACOQUINA
BUFFERBUFFER
2'2'
ALONGWOVENALONGWOVEN
GRADINGGRADING
BEHINDBEHIND
STONESTONE
FW404FW404
WHEREWHERE
MAINTAINMAINTAIN
NEEDED,NEEDED,
TOTO
COQUINAAREASCOQUINAAREAS
WHEREWHERE
NEEDEDNEEDED
FITERWEAVEFITERWEAVE
FILL,FILL,
SWALESWALE
ASAS
DIAMETERDIAMETER
ININ
MIRAFIMIRAFI
FOOTFENCEFOOTFENCE
SOD SOD
3APPROVED3APPROVED
TO ELEVATION 2.0SMALLER COQUINA ROCK 1-3 FEET IN SIZE TO ELEVATION 4.0+/-ALONG ACCESS MAINTENANCE GRASS PATHADJUSTTO ELEVATION 2.0SMALLER COQUINA ROCK 1-3 FEET IN SIZE TO ELEVATION 4.0+/-ALONG
ACCESS MAINTENANCE GRASS PATHADJUST
PLACEPROVIDE EROSION CONTROL FOR ALL DISTURBED AREAS.PLACEBUILD UP TO RESTORE 2:1 SLOPES.INSTALLBETWEEN COQUINA ROCK AND BANK.REUSERAPPLACEPROVIDE EROSION CONTROL FOR ALL DISTURBED AREAS.PLACEBUILD
UP TO RESTORE 2:1 SLOPES.INSTALLBETWEEN COQUINA ROCK AND BANK.REUSERAP
2.4.2.4.
CONSTRUCTION NOTES:1.3.5.6.7.CONSTRUCTION NOTES:1.3.5.6.7.
(321) 288-1040
JAPJAP
BDS
CAPE CANAVERAL, FL, 32920
12-26-2017
AS NOTED
Of:
102 COLUMBIA DRIVE, SUITE 207
C.A. No. 30197P.E. No. 20559
COLUMBIA COMMERCIAL PLAZA
110717.4JP-WWTP.DWG
Seal
CA#30197
Drawing Number
Drawing Information
Revisions/Comments:Cadd File Information
C-4
JOHN A. PEKAR, P.E., LLC.
Drawing:
John A. Pekar
Cadd File:Scale:Drawn by:Checked by:Approved by:Date:
CA No. 30197
JAPJAP
BDS
(321) 288-1040
12-05-2017
Of:
CAPE CANAVERAL, FL, 32920
C.A. No. 30197P.E. No. 20559
110717.4JP-WWTP.DWG
102 COLUMBIA DRIVE, SUITE 207
Seal
COLUMBIA COMMERCIAL PLAZA
Drawing Number
Drawing Information
Revisions/Comments:
JOHN A. PEKAR, P.E., L.L.C.Cadd File Information
C-5
1"=40'
Drawing:
John A. Pekar
Drawn by:Checked by:Approved by:Date:
Cad File:Scale:
License No. 7009
Brandon D. Shugart
State of Florida Professional Surveyor and Mapper