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Res No 079-21-15699RESOLUTION NO.: 079-21-15699 A Resolution authorizing the City Manager to negotiate and enter into a contract with Hartec Group Inc., for the construction of Roadway and Drainage Improvements along SW 62nd Place between SW 58th Street to SW 60th Street. WHEREAS, the City Mayor and Commission desire to provide roadway and drainage improvements along SW 62nd Place between SW 58th Street to SW 60th Street; and WHEREAS, the Mayor and City Commission budgeted for this project in the Capital Improvement Program 5-Year Plan; and WHEREAS, the City issued a work order to a professional engineering firm selected during the CCNA process to design and developed construction drawings; and WHEREAS, a design and construction documents were developed and approved for Construction; and WHEREAS, the City received a total of sixteen (16) proposals in response to a construction solicitation; and WHEREAS, pursuant to a competitive selection process, it was determined that Hartec Group Inc., submitted a cost proposal in the amount of $279,705.23 that was determined to be the most responsive and most cost effective; and WHEREAS, the Mayor and Commission desire to authorize the City Manager at her discretion to allow work on Saturdays; and WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate and enter into a contract with Hartec Group Inc., for the construction of roadway and drainage improvements along SW 62nd Place between SW 58th Street to SW 60th Street for a total amount not to exceed $289,705.23 which includes a $10,000 contingency. WHEREAS, the expense for this project shall be charged $ 100,000 to the Local Option Gas Trust Fund account number 112-1730-541-6210 which has a balance of $100,000 prior to this request, $ 126,000 to the People Transportation's Plan Fund account number 124-1730-541-6490 which has a balance of $ 555,999.50 prior to this request, and $ 63,705.23 to the Storm Water Drain Trust Fund account number 111-1730-541-6490 which has a balance of $ 98,679 prior to this request. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are incorporated into this resolution by reference as if set forth in full herein. Section 2. The City Manager is authorized to negotiate the price, terms and conditions and to execute a contract with Hartec Group Inc., for the construction of roadway and drainage improvements along SW 62nd Place between SW 58th Street to SW 60th Street for a total amount not to exceed $289,705.23 which includes a $10,000 contingency. A copy of the approved form of contract is attached. The expenditure shall be charged $ 100,000 to the Local Option Gas Trust Fund account number 112-1730-541-6210 which has a balance of $100,000 prior to this request, $ 126,000 to the People Transportation's Plan Fund account number 124-1730-541-6490 which has a Page 1 of 2 Res. No. 079-21-15699 balance of $ 555,999.50 priorto this request, and $ 63,705.23 to the Storm Water Drain Trust Fund account number 111-1730-541-6490 which has a balance of $ 98,679 prior to this request. Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4: Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 5: Effective Date: This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 6 1h day of July, 2021. ATTEST: APPROVED: ai CITY RK - MAYOR �� ',2 � READ AND APED VED AS TO LANGI� TY AND COMMISSION VOTE: 5-0 Mayor Philips: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Commissioner Corey: Yea Page 2 of 2 Agenda Item No:9. City Commission Agenda item Report Meeting Date: July 6, 2021 Submitted by: Aurelio Carmenates Submitting Department: Public Works & Engineering Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to negotiate and enter into a contract with Hartec Group Inc., for the construction of Roadway and Drainage Improvements along SW 62nd Place between SW 58th Street to SW 60th Street. 3/5 (City Manager -Public Works & Engineering) Suggested Action: Attachments: Memo for Const Award to Hartec for Drainage SW 62PL 6-25-21.docx Reso for Const Award_to Hartec for —Drainage SW 62PL (6-25-21).docx FINAL RFP SW 62 PI Drainage Roadway 4.13.21CArev5.7.21.pdf HARTEC GROUP Bidding Document.PDF Bid Tabulation RFP PW2021-38 6.8.21.pdf Proposal Summary RFP PW2021-38 6.8.21.pdf RFP #PW2021-38.pdf Sun Biz Hartec Group.pdf South Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Shari Kamali, City Manager DATE: July 6, 2021 SUBJECT: A Resolution authorizing the City Manager to negotiate and enter into a contract with Hartec Group Inc., for the construction of Roadway and Drainage Improvements along SW 62"d Place between SW 581h Street to SW 601h Street. BACKGROUND: The City desires to provide roadway and drainage improvements along SW 62"d Place between SW 581h Street to SW 601h Street. The City developed a design and prepared construction documents for the roadway and drainage improvements along SW 62"d Place between SW 58th Street to SW 60th Street. The scope of work for construction will entail installation of new drainage system with interconnected exfiltration trench, manholes, pipe culvert, inlets, limerock base, excavation, curb and gutter, concrete driveways, re -grade existing swales, asphalt pavement overlay, pavement markings, RPM's and new performance sod. The City received a total of sixteen (16) proposals in response to a construction solicitation. Pursuant to review, it was determined that the lowest bidder is the most responsive and responsible bidder for this proposal. Below are the top three proposals received: Contractor Bid Price Hartec Group Inc $279,705.23 RG Underground Engineering, Inc. $309,398.72 Maggolc Inc. $320,224.70 A contingency amount of $10,000 will be included over the proposal amount of $279,705.23 to address for unknown factors that may arise during the work. AMOUNT: Amount not to exceed $289,705.23 which includes $10,000 for contingency. FUND & ACCOUNT: The expenditure shall be charged $100,000 to the Local Option Gas Trust Fund account number 112-1730-541-6210 which has a balance of $100,000 prior to this request, $126,000 to the People Transportation's Plan Fund account number 124-1730-541- 6490 which has a balance of $555,999.50 prior to this request, and $ 63,705.23 to the Storm Water Drain Trust Fund account number 111-1730-541-6490 which has a balance of $ 98,679 prior to this request. ATTACHMENTS: Resolution RFP PW2021-38 Construction Documents with Exhibits Hartec Group Inc., Bid Documents Page 1 of 2 K ((O.)l CITY OF SOUTH MIAMI Sout 1 m OFFICE OF THE CITY MANAGER ia INTER -OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING Bid Tabulation RFP PW2021-38 Proposal Summary RFP PW2021-38 Daily Business Review Advertisement RFP PW2021-38 Sun Biz RFP PW2021-38 Page 2 of 2 3 South(em,iami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 SUBMITTAL DUE DATE: June 8, 2021 at 10 AM Solicitation Cover Letter The City of South Miami, Florida (hereinafter referred to as "Owner") through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for Proposal", "RFP" or "E-Bidding") All references in this Solicitation (also referred to as an "Invitation for Proposals" or "Invitation to E-bid) to "City" will be a reference to the City Manager, or the manager's designee, for the City of South Miami unless otherwise specifically defined or unless the context in which the word is used requires it to mean the City of South Miami. The City is hereby requesting sealed proposals in response to this RFP #PW2021-38, ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST. The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, (EXHIBIT 1, Attachments A, B & C) and the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project"). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package, including all documents listed in the Solicitation. The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ See directions for registering and signing into your DemandStar user account on the next page following this Solicitation Cover Letter. Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the "Closing Date") on June 8, 2021 and any Proposal received by the City through DemandStar after 10:00 a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted. E-BID OPENING VIA VIDEO CONFERENCING: The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, June 8, 2021. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at https://zoom.us/i/3056636339 ,or listen to the meeting on a dedicated phone line by dialing + I-786-635-1003 Meeting ID: 3056636339. The City reserves the right to award the Project to the person with the lowest, most responsive and responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other than to the one who provided the lowest Proposal Price and, if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. Nkenga A. Payne, CMC City Clerk, City of South Miami 1 of 167 6 DemandStar Registration and User Account Sign -in Directions The following is an example of the procedure on April 3, 2020 and it is subject to change after that date. Go to https://network.demandstar.com/ which on April 3, 2020 brings up the following message. DemandStar is committed to helping all government agencies source qualified suppliers for COVID-19 emergency response. Governments If you area government agency who needs Ebidding capability to receive supplier responses online, please fill out this form and we will get back to you immediately. Ebidding is offered at no charge to governments. Suppliers If you are a business who can help respond to the many emergency response bids on the DemandStar network please click here to create your account and get notified of bidding opportunities. Create Your Account jIt t DEMANDSTAR If you do not have an account with DemandStar, click on "Create Your Account' otherwise, if you have an account, click on the "x" in the upper right-hand corner of this message and it will bring you to the following user sign in page. yF DEMANDSTAR 1., e.d.... Iw cw.m.r..I . . 2 of 167 7 SCOPE OF SERVICES and SCHEDULE OF VALUES ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I, ATTACHMENTS A, B, & C. 3 of 167 SCHEDULE OF EVENTS ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 TENTATIVE SCHEDULE No Event Date* Time* (EST) I Advertisement/ Distribution of Solicitation & Cone of Silence begins 5/7/2021 1 1:00 AM 2 NONE Pre-RFP Meeting SCHEDULED 3 Deadline to Submit Questions 5/26/2021 10:00 AM 4 Deadline to City Responses to Questions 6/ 1 /2021 10:00 AM DEADLINE TO SUBMIT RFP RESPONSE: 5 The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to httRs://network.demandstar.com/ 6/8/2021 10:00 AM E-BID OPENING VIA VIDEO CONFERENCING VIA THE ZOOM PLATFORM at 6 https://zoom.us/i/3056636339 ,or listen to the meeting on a dedicated phone line by dialing + 1-786-635-1003 Meeting ID: 3056636339. 6/8/2021 10:30 AM 7 Projected Announcement of selected Contractor/Cone of Silence ends 6/ 15/2021 7:00 PM END OF SECTION 4of167 INSTRUCTIONS for RESPONDENT ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM. THE RESPONDENT MAY BE REFERRED TO AS "CONTRACTOR" OR AS "CONSULTANT". I . Purpose of Solicitation. The City of South Miami is requesting a response with the lowest and most responsive and responsible Proposal, as determined by the City. The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City. 2. Qualification of Proposing Firm. Response submittals to this Solicitation will be considered from firms normally engaged in providing the services requested. The proposing firm must demonstrate adequate experience, organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject all response submittals to this Solicitation where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 3. Deviations from Specifications. The awarded firm must clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this Solicitation. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 4. Designated Contact. The awarded firm must appoint a person to act as a primary contact with the City of South Miami. This person or back-up must be readily available during normal work hours by phone, email, or in person, and must be knowledgeable of the terms of the contract. S. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence, with the one having the most precedence being at the top of the list and the remaining documents in descending order of precedence. This order of precedence will apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Addenda to Solicitation b) Attachments/Exhibits to the Solicitation c) Solicitation d) Attachment/Exhibits to Supplementary Conditions e) Supplementary Conditions to Contract, if any f) Attachment/Exhibits to Contract g) Contract h) General Conditions to Contract, if any i) Respondent's Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if all of the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty-four (24) hours (not including Saturday, Sunday or a legal holiday) of opening the proposals received, along with a request for permission to withdraw the firm's Proposal; and d) The firm submits an explanation in writing, signed under penalties of perjury, stating how the error was made and delivers adequate documentation to the City to support the explanation and to show that the error was not the result of gross negligence or willful inattention nor made in bad faith. 7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter will apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover Letter will govern and take precedence over the conflicting provision(s) in the Solicitation. 5 of 167 10 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by 10:00 AM May 26, 2021 to the attention of Steven P. Kulick, Chief Procurement Officer at skulickCa7southmiamifl.gov or via facsimile at (305) 669-2636. 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, will be issued by a written addendum to the Solicitation Package (also known as "Solicitation Specifications" or "Solicitation") by U.S. mail, e-mail or other delivery method convenient to the City and the City will notify all prospective firms via the City's website. It is the responsibility of the Respondent to keep apprised of the publishing of addenda on the City's website. __ 10. Verbal interpretations or clarifications will not have any legal effect. No plea. by a Respondent of ignorance or the need for additional information will exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. 11. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence," in accordance with Section 8A-7, of the City's Code of Ordinance. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional staff, including the City Manager and his staff and members of the City Commission. The Cone of Silence ordinance, Section 8A-7, has been duplicated at the end of these instructions. 12. Violation of these provisions by any particular Respondent or proposer will render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer will not be considered for any Solicitation including but not limited to one that requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for the provision of goods or services for a period of one year. Contact will only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities such as a corporation, partnership or limited liability company, employed or retained by a principal (including an officer of the principal or an employee of the principal whose duties include marketing, or soliciting business, for the principal) who seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or any City board or committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision -making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents who intend to submit, or who submitted, E-bids or responses for this Solicitation, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this Solicitation. Contact may only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information or as otherwise provided for in the City's Cone of Silence. Any presentation before a selection committee is considered to be lobbying; however, the presentation team may avoid formal registration by complying with section 8A-5 (c) (9), of the City's Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to comply with presentations, if applicable. Anyone who submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist. See section 8A-5 of the City's Code of Ordinances for further information and contact the City Clerk to register as a lobbyist. 114. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation and the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the Solicitation documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. 6 of 167 11 g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. i) to award the Project to the person with the most responsive, responsible Proposal, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. 15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed or retained a company or person, other than a bona fide employee, contractor or sub-contractor/sub- consultant, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub- contractor/sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 16. Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit an E-bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit an E-bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit E-bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 17. Respondents must use the Proposal Form(s) furnished by the City. All erasures and corrections must have the initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and correction. Proposals must be signed using blue ink; all quotations must be typewritten or printed with blue ink. All spaces must be filled in with the requested information or the phrase "not applicable" or "NA". The proposal must be delivered on or before the date and time, and at the place and in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent must deliver to the City, as part of its Proposal, the following documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) The completed Proposal Form fully executed. d) Proposal/E-bid Bond, (Bond or cashier's check), if required, attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance and/or Letter of Insurability. 18. Goods: If goods are to be provided pursuant to this Solicitation the following applies: a) Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/or specifications for such item(s). The City will be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) will prevail and the extended price(s) will be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so will be at the Respondent's risk, and errors will not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested after the Proposal opening, they must be delivered within ten (10) calendar days of the request. The City will not be responsible for the return of samples. 7 of 167 12 e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it will be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms and conditions quoted in the Proposal will be firm for a period of one hundred eighty (180) calendar days from the date of the Proposal opening unless otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation will be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. 19. Liability, Licenses & Permits: The successful Respondent must assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by law. The Respondent will be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents must furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami -Dade County Code or City of South Miami Code. These documents must be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents will be grounds for rejecting the Proposal and forfeiture of the Proposal/E-bid Bond, if required for this Project. 20. Respondent must comply with the City's insurance requirements as set forth in the attached EXHIBIT 2, prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with the City's bonding, if required for this project, and insurance requirements as set forth herein will authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 22. Execution of Contract: A response to this Solicitation will not be responsive unless the Respondent signs the form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this Solicitation package. The Respondent agrees that Respondent's signature on the E-bid Form and/or the form of contract that is a part of the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from the proposal and, at the City's sole and absolute discretion, the City may treat the Respondent's signature on any of those documents as the Respondent's signature on the contract, after the appropriate information has been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions of the contract. 23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested will be cause for rejection of the Proposal as determined by the City. 25. Hold Harmless: A Respondent who submits a proposal in responds to this solicitation does so with the understanding and agreement to indemnify and hold harmless, the fullest extent permitted by law, the City of 8 of 167 13 South Miami and its officers and employees from liabilities, damages, losses and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, willfulness, wantonness or intentional acts or omissions of the contractor and persons employed or utilized by the contactor in the performance of its contractual obligations to the City. This indemnification will survive the termination of the Respondent's contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it constitute a right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal will act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this solicitation process. If a judgment is entered in favor of the City in any litigation for damages, interest, costs, or expenses associated with the litigation, the Proposal/Bid Bond, if required for this project, will be applied to the payment of those amounts awarded by the court and any balance due the City will be paid by the Respondent. 26. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, will be just cause for cancellation of the Award or termination of the contract. 27. Bonding Requirements: The Respondent, when submitting the Proposal, must include a Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal check will not be deemed a valid Proposal Security. 28. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and/or furnishing materials in connection herewith. In addition, if the Respondent's employees will be working in secure or sensitive areas of the City, the City may require that the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond. The bonds must be with a surety company authorized to do business in the State of Florida. 28.1. Each Performance Bond must be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 28.2. Each Performance Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 28.3. Each Payment bond must guarantee the full payment of all suppliers, material man, laborers, or sub-contractor/sub-consultant employed pursuant to this Project. 28.4. Each Bond must be with a Surety company whose qualifications meet the requirements of insurance companies as set forth in the insurance requirements of this solicitation. 28.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent must ensure that the Bond(s) referenced above must be recorded in the public records of Miami -Dade County and provide CITY with evidence of such recording. 28.6. The surety company must hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 29. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the form of contract that is part of this Solicitation package, the successful Respondent, within ten (10) calendar days of Notice of Award by the City, must deliver, to the City, the executed Contract and other Contract Documents that provide for the Respondent's signature, and deliver to the City the required insurance documentation as well as a Performance and Payment Bond if these bonds are required. The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required Bonds and Insurance Documents within the specified time will, at the City's option, forfeit the Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security will be retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the ProposaUBid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier's check drawn on a local bank in good standing must comply with the same requirements as a Proposal/Bid Bond. 30. Pre -proposal Conference Site Visits: If a Mandatory Pre -proposal conference is scheduled for this project, all Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre -proposal conference. 9 of 167 14 No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation result of failure to make the necessary examinations or investigations, or failure to complete any part of the Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be entitled to any change order due to any such condition. If the survey is provided before the proposal is submitted, the contract price, or negotiation in a request for qualifications, must include the Work necessitated by those conditions. If the survey is provided subsequent to the submission of the proposal or negotiation in a request for qualifications, the Respondent will have five calendar days to notify the City of any additional costs required by such conditions and the City will -have .the right to reject the proposal, or in the case of an RFQ, the negotiated price, and award the contract to, or begin negotiations with, the second most responsive, responsible E- bidder with the lowest price, or in the case of an RFQ, with the next best qualifications, or to reject all E-bids. 31. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No change orders will be allowed for delays caused by the City, other than for extensions of time to complete the Work. 32. Submittal Requirements: All Proposals must comply with the requirements set forth herein and must include a fully completed Respondent's E-Bid Form, if any, and a Respondent's Cost and Technical Proposal if it is included with this Solicitation Package. 33. Cancellation of E-Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for proposal when it is in the best interest of the City. 34. Respondent may not discriminate in its hiring of employees or sub-contractor/sub-consultants or in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. 35. All respondents, at the time of E-bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their E-bid considered, including all financial obligations. Prior to the acceptance of any E- bid proposal, qualifications or quotation, the City's Finance Department will certify that there are no outstanding fines, monies, fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent's principal, partners, members or stockholders (collectively referred to as "Respondent Debtors"). An E-bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No E-bidder who is in default of any prior contract with the City may have their E-bid considered until the default is cured to the satisfaction of the City Manager. 36. E-bid Protest Procedure. See attached EXHIBIT 9. 37. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as N/A. 38. Availability of Contract - Any Governmental or quasi -governmental entity, in this or in any other state, or any federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this solicitation and purchase any and all goods/services specified herein from the successful E-bidder(s)/proposer(s) at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations allows the piggybacking off said contract and provided that the successful E-bidder(s)/proposer(s) is/are in agreement Each Governmental or quasi -governmental entity which uses this formal solicitation and resulting E-bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful E-bidder(s)/proposer(s). 39. Non -Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this solicitation, then the City, upon written notice to Successful E-bidder or their assignee of such occurrence, will have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any Respondent(s). 40. Most Favored Public Entity. Respondent represents that the prices charged to City in the proposal do not exceed existing prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors. If respondent's prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent must immediately extend the same prices to City. 10 of 167 15 41. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records, and proprietary or other confidential information in their unsolicited proposal are confidential information that they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential must include a cover letter listing all material designated as confidential and clearly mark each page of any material believed to be a trade secret or other confidential information/document in all capital letters and bold font as CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non -confidential and confidential information, the Respondent must provide a redacted copy of the document and an unredacted copy. In addition, the Respondent must prepare a list of all the documents claimed to be confidential or containing confidential information and on the next line under the description of each document the Respondent must cite the statutory provision that provides the basis for the Respondent's claim that the document or a portion of the document is confidential and below the citation the Respondent must copy and paste the applicable statutory provision (this listing requirement will hereinafter be referred to as "properly list" or "properly listed" confidential document). The failure to properly list a confidential document or the failure to redact a confidential document that is only partially confidential will result in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information. If any person or entity requests that the City produce or disclose any of said purported confidential information or documents, the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said confidential information is exempt from production. If Respondent fails to timely authorize the production of the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining a protective order, the City will produce the requested information or document. The City will not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws. The Respondent must indemnify the City for any damages and costs the City may incur due to the Respondent's claim that its document or information is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential information or document in a Court of competent jurisdiction or other applicable forum. 42. Definitions. The following definitions will govern the interpretation of this RFP: "Certify", including all of its tenses, such as "certifies", "certifying" and "certified", means the act of swearing or affirming under penalties of perjury that the facts that are being "certified" are true and correct and it must be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a declaration, under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section 92.525. 43. Tie E-bids (not applicable to an RFQ). In the event of tie -E-bids, Respondents will be directed to submit sealed Best and Final Offers and deliver to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The "Best and Final Offers" must be enclosed in a sealed envelope or container and must have the following Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: "Best and Final Offers". On the second line of the envelope insert the Project Name and Solicitation Number. On the third line of the envelope insert the name of the person or entity who is going to be legally bound to perform the contractual obligations if awarded the contract. 44. Tie Selection. In the event of a tie by an Evaluation Selection Committee after they have scored each submittal, the meeting facilitator of the Selection Committee meeting, usually the City's Procurement Manager, will tabulate the Selection Committee's scores and advise the Committee there is a tie score; without advising the Committee the scores or the Respondents involved. The meeting facilitator will direct the Selection Committee to re -score the Respondents submittals and, will continue the re -scoring until the tie is broken, and a clear winner for the award recommendation has been determined. If the tie is not broken after three attempts to break the tie, all responses will be rejected, and the item will be re -advertised. 45. Rescind the Award. The City reserves the right to rescind the award recommendation, even after the award recommendation has been conditionally approved by the City Commission but before execution of the Contract by the City Manager and, by responding to this RFP, Respondent agrees to waive any contractual rights or equitable claims that Respondent may have accrued following the initial award recommendation by the City Manager under these conditions. 46. State of Emergency. The City reserves the right, in its sole and absolute discretion, to suspend the work or services or cancel the contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared by the Governor, Mayor of Miami -Dade County or the City Manager. 11 of 167 16 47. Force majeure. Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include, but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. 48. Proprietary Rights 48.1 The Respondent hereby acknowledges and agrees that the City retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the City to the Respondent hereunder or furnished by the Respondent to the City and/or created by the Respondent for delivery to the City, even if unfinished or in process, as a result of the Services the Respondent performs in connection with this Agreement, including all copyright and other proprietary rights therein, which the Respondent as well as its employees, agents, subcontractors and suppliers may use only in connection of the performance of Services under this Agreement. The Respondent shall not, without the prior written consent of the City, use such documentation on any other project in which the Respondent or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Respondent to meet official regulatory requirements or for other purposes in connection with the performance of Services under this Agreement shall not be construed as publication in derogation of the City's copyrights or other proprietary rights. 48.2AI1 rights, title and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Respondent and its subcontractors specifically for the City, hereinafter referred to as "Developed Works" shall become the property of the City. 48.3 Accordingly, neither the Respondent nor its employees, agents, subcontractors or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Respondent, or any employee, agent, subcontractor or supplier thereof, without the prior written consent of the City, except as required for the Respondent's performance hereunder. 48.4 Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Respondent and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Software, if any is provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Respondent hereby grants, and shall require that its subcontractors and suppliers grant, if the City so desires, a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such Licensed Software and the associated specifications, technical data and other Documentation for the operations of the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. Such license specifically includes, but is not limited to, the right of the City to use and/or disclose, in whole or in part, the technical documentation and Licensed Software, including source code provided hereunder, to any person or entity outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables provided hereunder exclusively for the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. No such License Software, specifications, data, documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be void and of no effect. 12 of 167 17 CONE OF SILENCE ORDINANCE, SECTION 8A-7 ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add a new section 8A-7 which is to read as follows: Sec. 8A-7. Cone of Silence: (A) Definitions. (1) "Cone of silence", as used herein, means a prohibition of any communication regarding competitive solicitations such as a request for proposal ("UP"), request for qualification ("RFQ"), request for information ("RFI") or request for bid ("RFB"), between: (a) A potential vendor, service provider, proposer or bidder (hereinafter referred to as the "Potential Bidder"), or agent, representative, lobbyist or consultant for the Potential Bidder; (hereinafter referred to as the "Bidder's Representative") and (i) Members of the City Commission or (ii) City's professional staff or (iii) Any member of the City's selection, evaluation or negotiation committee. (b) Members of the City Commission shall not communicate with professional staff or members of the selection, evaluation and negotiation committees at any point in the competitive process except as provided in paragraph D (3) below. (2) "City's professional staff' means City Department Heads and their staff and the City Manager and Deputy City Manager and their staff including consultants involved in the solicitation, evaluation and negotiation process. (B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation, commencing with the date that the advertisement of said solicitation is published and the requirements of this section shall be included in the solicitation. At the time of imposition of the cone of silence, the City Manager or Manager's designee shall: (a) provide for public notice of the cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on each City Commissioner. (C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of the City Commission meeting at which the City Manager makes his or her written recommendation to the City Commission or at the time that the solicitation process is terminated by the City Manager. However, if the City Commission refers the Manager's recommendation back to the Manager or staff for further review, the cone of silence shall be reimposed until the beginning of the City Commission meeting at which the City Manager makes a subsequent written recommendation. (D) Exceptions to applicability. The provisions of this section shall not apply to: (1) Communications at a duly noticed pre -bid conferences or at any duly noticed public Selection or Negotiation Committee meeting or duly noticed public City Commission meeting at which the City Manager has placed the subject of the solicitation on the Agenda; (2) Communication regarding the solicitation at recorded contract negotiations, recorded oral presentation or recorded oral question and answer session and recorded contract negotiation strategy sessions in compliance with the exemption in Florida Statutes Section 286.01 13; 13 of 167 18 (3) Briefings made by the City Manager or his designee to the City Commissioners during a meeting following the completion of the Selection or Negotiation Committee meetings; (4) Written communication at any time with any City professional staff (not including selection, evaluation or negotiation committee members), unless specifically prohibited by the applicable competitive solicitation documents. This section shall not be construed to prevent written communication between City professional staff and any City selection, evaluation or negotiation committee. A copy of any written communication made during the cone of silence shall be contemporaneously filed with the City Clerk by the Potential Bidder or Bidder's Representative. The City Clerk shall make copies available to any person upon request; (S) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding solicitation document and which communication is between any person and the City's Purchasing Agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (6) Communications with the City Attorney and his or her staff, (7) Communications during any duly noticed site visits to determine the competency and responsibleness of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (8) Any emergency procurement of goods or services pursuant to City Code; (9) Responses to a request made by the City's Purchasing Agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; (10) Communications prior to bid opening between City's professional staff and Potential Bidders and/or Bidder's Representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a Potential Bidders and/or Bidder's Representatives and any member of the City's professional staff including, but not limited to the City Manager and his or her staff, are in writing or are made at a duly noticed public meeting. (F) Penalties. Violation of this section by a particular bidder or proposer, or their representative, shall render any award to said bidder or proposer voidable by the City Commission and/or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided herein, violation of any provision of this section by a City employee may subject said employee to disciplinary action at the discretion of the City Manager. END OF SECTION 14 of 167 19 PROPOSAL SUBMITTAL CHECKLIST FORM ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response must include the following items: The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, X go to https://network.demandstar.com/ The City, at its discretion, may request hard copies of proposals received from a specific Respondent or all Respondents. X Indemnification and Insurance Documents EXHIBIT 2 X Respondents Bid Form. EXHIBIT3 Signed Contract Documents (All — including General Conditions and X Supplementary Conditions if attached) EXHIBIT 4, S, & 6 Performance and Payment Bonds, EXHIBITS 7 & 8, as a condition of X award, NOT REQUIRED WITH SUBMITTAL. X Respondents Qualification Statement List of Proposed Subcontractors and Subconsultants and Principal X Suppliers X Non -Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X Affidavit Concerning Federal & State Vendor Listings X Related Party Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION 15 of 167 20 RESPONDENT QUALIFICATION STATEMENT ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 The response to this questionnaire will be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. I. Number of similar projects completed, a) In the past 5 years In the past 5 years On Schedule b) In the past 10 years In the past 10 years On Schedule 2. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: b) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price c) Project Name: Owner Name: 16 of 167 21 Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: d) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: e) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: 17 of 167 22 3. Current workload Project Name Owner Name Telephone Number Contract Price 4. The following information must be attached to the proposal. a) RESPONDENT's home office organization chart. b) RESPONDENT's proposed project organizational chart. c) Resumes of proposed key project personnel, including on -site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi -Government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 18 of 167 23 Name of Agency: Address: Telephone No.: _ Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 19 of 167 24 LIST OF PROPOSED SUBCONTRACTORS, SUBCONSULTANTS AND PRINCIPAL SUPPLIERS ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 Respondent must list all proposed subcontractors and subconsultant, if subcontractors and subconsultants are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Other: This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION 20 of 167 25 NON -COLLUSION AFFIDAVIT ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 STATE OF FLORIDA COUNTY OF MIAMI-DADE being first duly sworn, deposes and states that: (1) He/She/They is/are the (Owner, Partner, Officer, Representative or Agent) of the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (S) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: Witness Witness STATE OF FLORIDA COUNTY OF MIAMI-DADE By: Signature Print Name and Title Date ACKNOWLEDGEMENT On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. 21 of 167 26 WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: Notary Public, State of Florida (Name of Notary Public: Print, Stamp or type as commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. 22 of 167 27 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "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 Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub -contractor, supplier, Sub -consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to by for [print name of the public entity] [print individual's name and title] [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, will be a prima facie case that one person controls 23 of 167 28 another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months will be considered an affiliate. S. I understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] 'UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY DENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES. FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [Signature] Sworn to and subscribed before me this day of .20 Personally known OR Produced identification QType of identification) [Form PUR 7068 (Rev.06/ 1 1 /92) Notary Public — State of My commission expires (Printed, typed or stamped commissioned name of notary public) 24 of 167 29 DRUG FREE WORKPLACE ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a response to the solicitation received from a business that certifies that it has implemented a drug -free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business must: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in paragraph (1) above. 4) In the statement specified in paragraph (1) above, notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under Bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. RESPONDENT'S Signature: Print Name: Date: 25 of 167 30 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 TO THE CITY OF SOUTH MIAMI We, , (Name of RESPONDENT), hereby acknowledge and agree that as CONTRACTOR for the ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and SRS Engineering, Inc., (Consulting Engineer if any) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a response to the solicitation received from a business that certifies that it has implemented a drug -free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business must: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under E-bid a copy of the statement specified in Section (1). 4) In the statement specified in Section (1), notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under E-bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the Foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are listed below, are in full compliance with the above requirements: CONTRACTOR BY: Name Title Witness 26 of 167 31 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondent's name appears on one or all the "Listings" summarized below, Respondents must "Check if Applies" next to the applicable "Listing." The "Listings can be accessed through the following link to the Florida Department of Management Services website: http://www.dms.myflorida.com/business operations/state—purchasing/vendor information/convicted suspended di scriminatory complaints vendor lists DECLARATION UNDER PENALTY OF PERJURY I, (hereinafter referred to as the "Declarant") state, that the following facts are true and correct: (1) 1 represent the Respondent whose name is (2) 1 have the following relationship with the Respondent (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability Company). (3) 1 have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_informationlconvicted_suspended_d i scriminatory_complaints_ vendor _lists (4) 1 have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondent's name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check the following categories if Applicable Convicted Vendor List Suspended Vendor List Discriminatory Vendor List Federal Excluded Parties List Vendor Complaint List Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. By: (Signature of Declarant) (Print name of Declarant) ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE On this the appeared following identification day of , 20 , before me, the undersigned authority, personally who is personally know to me or who provided the and who took an oath or affirmed that that he/she/they executed the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. NOTARY PUBLIC: SEAL Notary Public, State of Florida (Name of Notary Public: Print, Stamp or type as commissioned.) 27 of 167 32 RELATED PARTY TRANSACTION VERIFICATION FORM ' ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 I , individually and on behalf of ("Firm") have Name of Representative Company/Vendor/Entity read the City of South Miami ("City")'s Code of Ethics, Section 8A- I of the City's Code of Ordinances and I hereby certify, under penalties of perjury that to the best of my knowledge, information and belief: (1) neither 1 nor the Firm have any conflict of interest (as defined in section 8A-1) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (591o) or more of the total assets of capital stock in the firm are as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party 28 of 167 33 before any board, commission or agency of the City within the past two years other than as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:IPurchasing\Vendor Registration\ 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and to the best of my knowledge, information and belief the facts stated in it are true and this firm is in full compliance with the above requirements. Signature: Print Name & Title: Date: 29 of 167 34 Sec. 8A-1. - Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An open -to -all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and 30 of 167 35 pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)(1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of. a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. 31 of 167 36 (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I - I I of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. 32 of 167 37 (1) Certain appearances and payment prohibited. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other,particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of 33 of 167 38 advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. 34 of 167 39 PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, must list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, must not be required to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, makes the following declaration under penalties of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person may appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, will not be required to pay any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Executed this day of , 20 Signature of Representative Print Name and Title Print name of entity being represented. END OF SECTION 35 of 167 40 NOTICE OF AWARD ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 The City has considered the Proposal submitted by your firm for the ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 in response to the City's advertisement for Request for Proposal and Instructions to Respondents. You are hereby notified that your Proposal has been accepted for the ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 and the negotiated price is attached as Exhibit A to this Notice of Award. You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond, and insurance documents (see Proposal Submittal Checklist Form) within ten (10) day from the date of this notice to you. Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required insurance documentation within ten (10) calendar days from the date of this notice, the CITY will have the right and be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $S,000.00 or if it is a multi -year contract requiring payment out of more than one year's appropriation, the award and the contract must be approved by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City Manager determines that it is not in the best interest of the City. BY: Shari Kamali City Manager Dated this day of , 20 ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by On this the day of , 20. BY: TITLE: You are required to return an acknowledged copy of this Notice of Award to the City Manager. END OF SECTION 36 of 167 41 NOTICE TO PROCEED CONSTRUCTION CONTRACT ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 TO: DATE: PROJECT DESCRIPTION: ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38. You are hereby notified to commence Work in accordance with the Construction Agreement for ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 on or before . You are to complete the work within 90 calendar days. City of South Miami BY: (print name) City Manager, or designee ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by on this day of , 20, BY: TITLE: END OF SECTION 37 of 167 42 EXHIBIT No. I SCOPE OF SERVICES Attachment A ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 I. GENERAL REQUIREMENTS: The work specified in this Request for Proposal (RFP) consists of furnishing all goods, materials, supplies and services necessary to provide a completed project that meets all of the needs described in this SCOPE OF SERVICES and as otherwise described in this RFP (the Work). The Work is to be performed per specifications and the contract documents. The Work is to be performed in accordance with the specifications and the contract documents (as defined in the Instructions for Respondents) that are provided to the Contractor by the City. This includes but is not limited to keeping the project site clean and safe; furnishing all labor of the Contractor and the labor of all allowable subcontractors; providing dumpster(s); disposing of materials; all permits; all necessary equipment, including rental equipment, machinery, tools, transportation and freight; coordination with any other City contractor, subcontractors and utility companies (i.e. power, gas, water); erecting construction safety measures, including fencing, privacy screening and cones, and ensuring that the safety measure are in place at the end of each working day; root pruning and sod restoration at affected areas to the City's satisfaction; cleaning the construction site at the end of each working day; maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods and services necessary to perform all of the Work. After being awarded the contract but prior to any digging, Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 811 to coordinate the process between excavators and utilities in Florida so that the utilities can mark the approximate location of all their underground facilities, including power lines, telephone lines, cables and pipes for gas, water, and sewage on the construction site. In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and other permits (including tree permits), as well as all laboratory tests, drawings and plans that are necessary to secure any and all permits and licenses required to complete Work. In addition, Contractor will be required to obtain, pay for and deliver to the City as - built plans for all of the Work. Permit fees are waived for permits required to be issued directly by the City of South Miami. Permit fees charged by other government entities, if required, are the responsibility of the Contractor. However, in all cases; it is the responsibility of Respondent/Contractor to secure any and all permits that may be required for this project. All work is to be done in accordance with rules and guidelines; all federal, state and local requirements, Florida Department of Transportation and Miami -Dade County Department of Transportation and Public Works design and construction guidelines as well as City of South Miami Design and Construction guidelines, the City of South Miami Land Development Code, all applicable ordinances of Miami -Dade County and the City of South Miami and the Americans with Disabilities Act (ADA) and, if the project involves a City Park, public playground safety standards. 38 of 167 43 IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. 111. SPECIFIC REQUIREMENTS: The scope of work for the Roadway & Drainage Improvements along SW 62"d Place from SW 58`h Street to SW 60`h Street includes but not limited to manholes, pipe culvert, exfiltration drain, inlets, limerock base, excavation, curb and gutter, sidewalks, driveways, swale trench, asphalt, pavement marking, RPM's and new performance sod. Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from Monday through Friday. 111. SITE LOCATION: The construction project for the Roadway & Drainage Improvements along SW 62"d Place from SW 581h Street to SW 60`h Street includes SW 62nd Place from SW 58th Street to SW 60th Street in Miami Dade County. Please refer to Exhibit 1, Scope of Services, Attachment B, "Design Plans & Specifications." IV. DESIGN PLANS & SPECIFICATIONS: Please refer to Exhibit 1, "Scope of Services" and Attachment B, "Design Plans and Specifications." V. PRICING: Proposal pricing must be submitted in a "Lump Sum" by completing Exhibit 3 "Respondents E-bid Form." Pricing submitted in Exhibit 3, is in accordance with the terms and conditions described in Exhibit I, Scope of Services, Attachment A, B & C It is the intention of the City to award this project to a single Respondent. SCHEDULE OF VALUES: RESPONDENTS ARE TO COMPLETE THE "SCHEDULE OF VALUES FORM, EXHIBIT C." WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS TO PROVIDE A LUMP SUM PRICE PER THE SCHEDULE OF VALUES, EXHIBIT 1, SCOPE OF SERVICES, ATTACHMENT C. WHEN PREPARING AND SUBMITTING THE COMPLETED "SCHEDULE OF VALUES FORM," THE RESPONDENT MUST CARRY THE CONTINGENCY AMOUNT IN THEIR TOTAL BASE BID. RESPONDENT MUST PROVIDE PRICING FOR THE ADD ALTERNATES LISTED ON THE PAY ITEMS, IF ANY. THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE RESPONDENT BASED ON THE LUMP SUM AMOUNT SUBMITTED. ANY VALUES THAT MAY BE SET FORTH IN THIS RFP ARE APPROXIMATE. CONTRACTOR IS RESPONSIBLE TO FIELD VERIFY THE 39 of 167 44 AREAS, AND QUANTITIES AS PER THE LIMITS DEFINED BY THE SITE PLAN. VI. PROJECT DURATION: After permit(s) have been secured/approved, the Respondent is responsible for completing this project within 90 calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from the City's Project Manager. VII. WARRANTY: Respondent/Contractor should include the following with their E-bid: Applicable warranty and/or guarantees of all material and labor, including: • any conditions; and • guaranteed response time for repair; and • guaranteed replacement during the warranty period; and • Failures during the warranty period must be repaired or replaced to the satisfaction of the City; and • the term of the warranty. At a minimum, Respondent/Contractor must warrant their Work to be free of significant defects in workmanship and materials for a period of one (1) year. If equipment is being provided, the standard manufacturer's warranty information must be provided in writing for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized installer before final payment is made. If the manufacturer's warranty is issued to the respondent/contractor, Respondent/Contractor must assign it to the City. NOTE: A Performance and Payment Bond IS required for the full amount of the project, and it is a condition of award. However, it is NOT required with a Respondents submittal. Please refer to Exhibits 7 & 8. END OF SECTION 40 of 167 45 EXHIBIT No. 1 SCOPE OF SERVICES Attachment A ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 I. GENERAL REQUIREMENTS: The work specified in this Request for Proposal (RFP) consists of furnishing all goods, materials, supplies and services necessary to provide a completed project that meets all of the needs described in this SCOPE OF SERVICES and as otherwise described in this RFP (the Work). The Work is to be performed per specifications and the contract documents. The Work is to be performed in accordance with the specifications and the contract documents (as defined in the Instructions for Respondents) that are provided to the Contractor by the City. This includes but is not limited to keeping the project site clean and safe; furnishing all labor of the Contractor and the labor of all allowable subcontractors; providing dumpster(s); disposing of materials; all permits; all necessary equipment, including rental equipment, machinery, tools, transportation and freight; coordination with any other City contractor, subcontractors and utility companies (i.e. power, gas, water); erecting construction safety measures, including fencing, privacy screening and cones, and ensuring that the safety measure are in place at the end of each working day; root pruning and sod restoration at affected areas to the City's satisfaction; cleaning the construction site at the end of each working day; maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods and services necessary to perform all of the Work. After being awarded the contract but prior to any digging, Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 811 to coordinate the process between excavators and utilities in Florida so that the utilities can mark the approximate location of all their underground facilities, including power lines, telephone lines, cables and pipes for gas, water, and sewage on the construction site. In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and other permits (including tree permits), as well as all laboratory tests, drawings and plans that are necessary to secure any and all permits and licenses required to complete Work. In addition, Contractor will be required to obtain, pay for and deliver to the City as - built plans for all of the Work. Permit fees are waived for permits required to be issued directly by the City of South Miami. Permit fees charged by other government entities, if required, are the responsibility of the Contractor. However, in all cases; it is the responsibility of Respondent/Contractor to secure any and all permits that may be required for this project. All work is to be done in accordance with rules and guidelines; all federal, state and local requirements, Florida Department of Transportation and Miami -Dade County Department of Transportation and Public Works design and construction guidelines as well as City of South Miami Design and Construction guidelines, the City of South Miami Land Development Code, all applicable ordinances of Miami -Dade County and the City of South Miami and the Americans with Disabilities Act (ADA) and, if the project involves a City Park, public playground safety standards. 38 of 167 IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. 1111. SPECIFIC REQUIREMENTS: The scope of work for the Roadway & Drainage Improvements along SW 62"d Place from SW 58`' Street to SW 60' Street includes but not limited to manholes, pipe culvert, exfiltration drain, inlets, limerock base, excavation, curb and gutter, sidewalks, driveways, swale trench, asphalt, pavement marking, RPM's and new performance sod. Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays from Monday through Friday. 111. SITE LOCATION: The construction project for the Roadway & Drainage Improvements along SW 62"d Place from SW 58`h Street to SW 60`h Street includes SW 62nd Place from SW 58th Street to SW 60th Street in Miami Dade County. Please refer to Exhibit 1, Scope of Services, Attachment B, "Design Plans & Specifications." IV. DESIGN PLANS & SPECIFICATIONS: Please refer to Exhibit 1, "Scope of Services" and Attachment B, "Design Plans and Specifications." V. PRICING: Proposal pricing must be submitted in a "Lump Sum" by completing Exhibit 3 "Respondents E-bid Form." Pricing submitted in Exhibit 3, is in accordance with the terms and conditions described in Exhibit 13 Scope of Services, Attachment A, B & C It is the intention of the City to award this project to a single Respondent. SCHEDULE OF VALUES: RESPONDENTS ARE TO COMPLETE THE "SCHEDULE OF VALUES FORM. EXHIBIT C." WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS TO PROVIDE A LUMP SUM PRICE PER THE SCHEDULE OF VALUES, EXHIBIT 1, SCOPE OF SERVICES, ATTACHMENT C. WHEN PREPARING AND SUBMITTING THE COMPLETED "SCHEDULE OF VALUES FORM," THE RESPONDENT MUST CARRY THE CONTINGENCY AMOUNT IN THEIR TOTAL BASE BID. RESPONDENT MUST PROVIDE PRICING FOR THE ADD ALTERNATES LISTED ON THE PAY ITEMS, IF ANY. THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE RESPONDENT BASED ON THE LUMP SUM AMOUNT SUBMITTED. ANY VALUES THAT MAY BE SET FORTH IN THIS RFP ARE APPROXIMATE. CONTRACTOR IS RESPONSIBLE TO FIELD VERIFY THE 39 of 167 AREAS, AND QUANTITIES AS PER THE LIMITS DEFINED BY THE SITE PLAN. VI. PROJECT DURATION: After permit(s) have been secured/approved, the Respondent is responsible for completing this project within 90 calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from the City's Project Manager. VI1. WARRANTY: Respondent/Contractor should include the following with their E-bid: Applicable warranty and/or guarantees of all material and labor, including: • any conditions; and • guaranteed response time for repair; and • guaranteed replacement during the warranty period; and • Failures during the warranty period must be repaired or replaced to the satisfaction of the City; and :minimum, the term of the warranty. At Respondent/Contractor must warrant their Work to be free of significant defects in workmanship and materials for a period of one (1) year. If equipment is being provided, the standard manufacturer's warranty information must be provided in writing for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized installer before final payment is made. If the manufacturer's warranty is issued to the respondent/contractor, Respondent/Contractor must assign it to the City. NOTE: A Performance and Payment Bond IS required for the full amount of the project, and it is a condition of award. However, it is NOT required with a Respondents submittal. Please refer to Exhibits 7 & 8. END OF SECTION 40 of 167 EXHIBIT I SCOPE OF SERVICES ATTACHMENT B ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 "DESIGN PLANS AND SPECIFICATIONS" Prepared by: SRS Engineering, Inc. 41 of 167 PLANS FOR ROADWAY AND DRAINAGE IMPROVEMENTS SW 62nd PLACE BETWEEN SW 58th STREET AND SW 60th STREET LIST OF DRAWINGS NOTE ee i.ew-mt 'FuOu"' CONTACTPERSONINFORNIA7ION ENGINEER'S CERTIFICATION ,oN :,Nan TDF .No NDTIAI IF .:.z"AS .oremo n. ,.r .T.R a «ORs. ,Eo.�.Mrc. � �.>,.N,. .. uen , s. «. STAID / DOm ZDATT Of .... BEGIN PROJECI STA, 10+77A 2 SW 56 HST -� -- W 57T -ST yy� South iami S i57T DR nff nn ui runmur uvwc. 5 TH ST - _- SW 5a� ST 1Y If}yr' CITY OF SOUTH MIAMI > -_-�w SW 59TH ST a.-- unvoN RYA d Q JI rl J Q W 6OTH SY 3jSW OTH _T E. 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W11 �i:i:•• �- Q 1 <u�5� .�<n..x..I., N w q CITY OF SOUTH MIAMI uut PAVEMENT RESTORATION FOR a z ENGINEERING STANDARDS N.Ts- TRENCHES CUT IN PUBLIC RIGHT R - 2 O Q ru SOUTH MIAMI, FLORIDA ► 0 Of WAY 1faMK 0 3 UI 0O o 8 � mo i z I U 3 ° inarrs QI ck - � o F i o lz i� GC / f a u u� i ► o �I EL. • . 1 \\ a O Q! LC ci Q of < "N VIU yw O W Ed a� im ` k u .' Z s-9 NOTES: - -- - - STA. 12. 64SO (10 DO' TIT) I [TISDNC U741111i ARE 15DIND FROM AVA4ABLE _ I ( CONST INLET TYPE 0-3 W/ USE 4700-6223 RECORDS THE ENGINEER OF RECORD ASSUMES 40 R[SPONLB'LITICS fa( TIE ACCURACY Or .HE DATA PER SD-2.2 AND So- 2.5 (W-OPW ENG4EERIA DETAILS) SNOMN C04TRACIOR SNAIL Vf R1FY ALL EXISTING UTUTY LOCATION PPOR TO CONSTRUCTON AND ANY C EAST 1' GAS ltf SLIMY Ah fj COST /. w INV. (L - 095 (!) DISCRTPANfXS L1AI1 BC OROUGIT TO THE ATTrNnO4 10 STA t]• 6S 50 (19 DO' l n Fl •550(t) .q• ODVER CONSI. so TIM R TOP 3 t 1' B ) � ) fOVfR mD DOI TOM EL-• (-)105 10 of THE LNC►EER ! CONS! N:ET TYPE 0-3 � I (10 a $NEED WRYNED) R (TO of WR110) I 2 SP[Ok ATTINTON IS ORICTFD TO TH[ FACT TNA1 W/ USE 47M 9223 PER SD-2.2 AND SD-I.S I EL I.50 1. D.16 - 626 1D C.'7'SO I _--. �J POP I10N5 a SOME p1/AMAGE STRUCTURES EXTEND POR ON OF SO 2ED RATION 0E TI-E ROAD BED AND (M-DPW ENG%EER'NG DETAILS) - i 4T) IXTRILit CAUTION WLt BE NECESSARY IN STA9112AOON F 5 t4V It - ? 90 (w) BOTTOM Et - D 90 i I S- . ` 51• 17•61-50 (500' CONST. Is.1Pr P -7T . T W/ USE 31QA S OP(RATTO4 AT THOSE LOCAr'-04S 0 Y1 S I (S-9 Ia PER SD-2 7 (vQOPw F4G;NEFRNG OCTARS) .1 TOP IT - D44011 S ft[vAtIJN a uANNa! AT TV'[ CENTER OF BOX FRAME A40 LID. i I 01SIL - I IW EL.- 0.93 (w) INV. IIOfICA/ It - OF 401i5 FIE VA LION AT pOIIfM (? 1 0 El. 2.90 EL (766 Q15X �.- I CIL 3,25 N) 0 STRUCTURE. I fl T15 IIB FLE (N)IN) / 5 MANNOR ARE l(7CAlEU AT Mf CENTER OF TRAVEL CONSTRUCT 7001E El. BOTTOM EL.- (-)1.07 LANE OR LANE LINE L a 16 PPf CT 1 CONSTRUCT COOT F 1 Q Or 19' PIK qpq EL o97 ! - CONSIRUCI 60 EJ 1 a Q 71'P HOPE [III DRA14 I r r :r I. 1' CAS I NE SURVFT AMO \ C STA 12-07.75 (19 CO' PT) 10 STA t)•0715,(19 00' 1) I l •5 A.) 3w C10VER CCNST SR TIM III S_S , �- COD-3 C:4S' IS:fT WE D-3 (10 K $VIC WRrfD) R �� AI/ USE AM-6223 S'1-22 AND SO-7.5 W/ J17DD-627J PfR SO-22 AND S_'1-)5 I LL /.52 ._D.'3 CLD.29 CI�D:iKR (V-OPW FN:J4F[R�NG OF 1AiIDPWN:INEERI.G DfIAIS) EL.- ]90 (w) i NV EL- 095 (E)NV BOTTOV Ft.- (-)+.OS5 BOTTOM [I o9oISTA ff 12 66 0151(I 12. 07. 75 (S Oft' 4T) IW E 71 0 IL. 25 CONST MH J- W/ USF31 QA JCT 200 1f [PE4 So I'll (M-DPW ENCINEERNO DETAILS) r or 18' x te• Pa CONSTRUCT 100 L.1 INV. El.- 0,93 W) T a ITC mn [l 093 INV FI - 7,68 1) I4V L.- 3.25 S,N) w/ BAFFLE (SN) BOTTOM Il.- (-)1.07 r DOXsT4txr m t a 11 2A•P 0Pf 114L OP. i ac Q ( I ERB D -'-� J t115T t' GAS I, NI P SURWV AND SfA. 11.7130 (?S DO' 11) 11 .S l0(I) 30' C(1WR CCNSI STI 67W PL - [I'.SI t• W 5-Z) 51 A. 11.12.10 (17.0p' RT) d 10 C045T. it. LT TYPE 0-! /to H $tID WRItO) \I -- - 10P, 360(1) /' COVER FIE10 C04ST. INLET TYPF D 3 10 R VI/ USE A700-6223 d L 8.36 (TO K WMYD) 0.15 ( w/ UST 4700 6223 PER SD-2.2 AND SD-25 S P[R 50-7.2 AND SOL 21 (M-DP* ENOINEERMO DETA IS) EL /.SQ .20 I F1 EL -7•W I (M-DPW EN^-MEERNG DTTA1%) qe` INV. ET.- 3.00 (W) ROT TOM EI .- I CIO - - - _ INV. fl-- 0.05 (1) BOTTOM EL - ( )1.05 5 D D 1 MIN S _1) 015% Ia fl Tn 015I I STA 11.1675 (360' RT) F9F9F9 Q 0 ['. TOO PI ))0 i $ FI 1)5 I Co", MN. TYPE P-7' w/ USF 3'OA 0 4 OF W OF 16 pRC I FI D95 PER PAV EN (W-pPw [NGFff RhG D1,TAI. S) COhSTRLt1 110 1 T. 14VI E. 0.93 (M� OF 16• PIPEINV F- 2.91 F) 14V CI-- 3.2S S) 1l - fl. 093 W/ BAFFLE (S) ! 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W90YG1d }.% NOW Slarl NXI. raxrn Sian N•�t. a�O1B 'I 1U1 Vd!$1�1 dOkld ® I r X3018 '1 lol 13ti' I y f a0019 'r 101 I S SPECIFICATIONS TABLE OF CONTENTS DIVISION 100 GENERAL CONSTRUCTION OPERATIONS 101 MOBILIZATION (REV. 03-12-2013)................................................................................................................................1 A. Description..............................................................................................................................................................1 B. Basis of Payment....................................................................................................................................................1 102 MAINTENANCE OF TRAFFIC (REV. 12-15-2015)............................................................................................................1 A. Description..............................................................................................................................................................1 B. Materials.................................................................................................................................................................2 C. Worksite Traffic Supervisor.....................................................................................................................................2 D. Submittals...............................................................................................................................................................2 E. Traffic Control.........................................................................................................................................................3 F. Detours...................................................................................................................................................................4 G. Traffic Control Officer..............................................................................................................................................5 H. Driveway Maintenance............................................................................................................................................5 I. Temporary Traffic Control Devices..........................................................................................................................5 J. Work Zone Pavement Marking................................................................................................................................8 K. Method of Measurement.........................................................................................................................................8 L. Submittals.............................................................................................................................................................10 M. Basis of Payment..................................................................................................................................................11 110 CLEARING AND GRUBBING (REV. 05-16-11)............................................................................................................12 A. General.................................................................................................................................................................12 B. Clearing and Grubbing: ......................................................................................................................................... 13 C. Ownership of Materials.........................................................................................................................................14 D. Disposal of Materials.............................................................................................................................................14 E. Method of Measurement.......................................................................................................................................15 F. Basis of Payment..................................................................................................................................................15 120 EARTHWORK AND RELATED OPERATIONS.............................................................................................................16 A. Description............................................................................................................................................................16 B. Classes of Excavation...........................................................................................................................................16 C. Excavation Requirements.....................................................................................................................................17 D. Disposal of Surplus and Unsuitable Material.........................................................................................................17 E. Materials for Embankment....................................................................................................................................18 F. Embankment Construction....................................................................................................................................18 G. Compaction Requirements....................................................................................................................................19 H. Backfilling Around Structures and Pipe..............................................................20 ................................................... I. Acceptance Program............................................................................................................................................21 J. Maintenance and Protection of Work....................................................................................................................22 K. Construction.........................................................................................................................................................22 L. Method of Measurement.......................................................................................................................................22 M. Basis of Payment..................................................................................................................................................22 121 FLOWABLE FILL..........................................................................................................................................................23 A. Description............................................................................................................................................................23 B. Materials...............................................................................................................................................................23 C. Mix Design............................................................................................................................................................23 D. Production and Placing.........................................................................................................................................23 E. Construction Requirements...................................................................................................................................23 F. Acceptance...........................................................................................................................................................24 G. Method of Measurement.......................................................................................................................................24 H. Basis of Payment..................................................................................................................................................24 Specifications Project No. 58 (147 160 TYPE "B" STABILIZATION (SECTION 160).................................................................................................................24 A. Page 188, Section 160 - Stabilizing: Delete the words "bearing value" or "Limerock Bearing Ratio Method" where they occur throughout this section and substitute the words' Califomia Bearing Ratio."..............................................24 B. Page 189, Subarticle 160-4.1- Commercial and Local Materials —Add the following: ............................................ 24 C. Page 192, Subarticle 160-7.2.1.2- Undertolerances In...; is deleted in its entirety and replaced with the following:24 D. Page 195, Article 160-9- Basis of Payment; Is deleted in its entirety and replaced with the following: ................... 24 E. Basis of Payment..................................................................................................................................................24 DIVISION 200 BASE COURSE 285 LIMEROCK BASE (REV. 08-23-12)..............................................................................................................................26 A. Description............................................................................................................................................................26 B. Materials...............................................................................................................................................................26 C. Equipment............................................................................................................................................................26 D. Transporting Rock................................................................................................................................................26 E. Spreading Rock....................................................................................................................................................26 F. Compacting and Finishing Base............................................................................................................................27 G. Acceptance Criteria: .............................................................................................................................................. 27 H. Priming and Maintaining.......................................................................................................................................30 I. Thickness of Base................................................................................................................................................30 J. Method of Measurement.......................................................................................................................................30 K. Basis of Payment..................................................................................................................................................30 DIVISION 300 BITUMINOUS TREATMENTS SURFACE COURSES AND CONCRETE PAVEMENT 334 HOT MIX ASPHALT (REV. 05-3-11)...................................................................... ............31 A. Description............................................................................................................................................................31 B. Materials...............................................................................................................................................................32 C. Composition of Mixture.........................................................................................................................................33 D. Contractor Quality Control.....................................................................................................................................34 E. General Construction Requirements.....................................................................................................................34 F. Acceptance of the Mixture.....................................................................................................................................36 G. Method of Measurement.......................................................................................................................................37 H. Basis of Payment..................................................................................................................................................37 335 DRIVEWAY TRANSITIONS (REV. 06-23-11)................................................ ............37 A. Description............................................................................................................................................................37 B. Materials...............................................................................................................................................................37 C. Preparation and Construction...............................................................................................................................37 D. Method of Measurement.......................................................................................................................................37 E. Basis of Payment..................................................................................................................................................37 337 MISCELLANEOUS ASPHALT PAVEMENT (REV. 08-25-11).......................................................................................38 A. Description............................................................................................................................................................38 B. Materials...............................................................................................................................................................38 C. Foundation............................................................................................................................................................38 D. Soil Treatment......................................................................................................................................................38 E. Placing Mixture.....................................................................................................................................................38 F. Compacting Mixture..............................................................................................................................................38 G. Surface Requirements..........................................................................................................................................38 H. Method of Measurement .......................................................................................................................................38 I. Basis of Payment..................................................................................................................................................38 34A PORTLAND CEMENT CONCRETE (REV. 10-26-11). A. Description.......................................................... B. Materials............................................................. C. Production, Mixing and Delivery of Concrete....... D. Acceptance of the Work ...................................... E. Method of Measurement ..................................... F. Basis of Payment ................................................ ..........................................................................39 ..........................................................................39 ..........................................................................39 .......................................................................... 39 ..........................................................................41 ..........................................................................41 ..........................................................................41 Specifications 59Tt>ff O47 Project No. G. Basis of Payment..................................................................................................................................................41 DIVISION 400 STRUCTURES 425 INLETS, MANHOLES AND JUNCTION BOXES (SECTION 425).................................................................................42 A. Page 417, Subarticle 425-6.6 - Placing Pipe; The third sentence of this sub -article is modified to read: ................ 42 B. Page 417, Subarticle 425-6.7 Backfilling; is modified to include the following: ....................................................... 42 C. Page 417, Subarticle 425-8.2 - Adjusted Structures; is expanded to include the following: .................................... 42 D. Page 418, Subarticle 425-8.3 — Payment Items; is expanded to include the following: .......................................... 42 425A ADJUSTMENT OR RELOCATION OF VALVE, METER AND JUNCTION BOXES.......................................................42 430 PIPE CULVERTS (REV. 03-14-13)...............................................................................................................................42 A. Description............................................................................................................................................................42 B. Materials...............................................................................................................................................................42 C. Type of Pipe to Be Used.......................................................................................................................................42 D. Laying Pipe...........................................................................................................................................................43 E. Removing Existing Pipe........................................................................................................................................44 F. Speck Requirements for Concrete Pipe..............................................................................................................45 G. Specific Requirements for Corrugated Metal Pipe.................................................................................................45 H. Specific Requirements for Corrugated Polyethylene Pipe and Polyvinyl Chloride (PVC) Pipe...............................47 I. Desilting Pipe Culverts, Box Culverts, and Inlet Structures....................................................................................47 J. Method of Measurement.......................................................................................................................................47 K. Basis of Payment..................................................................................................................................................48 443 FRENCH DRAINS........................................................................................................................................................48 A. Description............................................................................................................................................................48 B. Materials...............................................................................................................................................................48 C. Excavating Trench................................................................................................................................................49 D. Laying Pipe...........................................................................................................................................................49 E. Placing Coarse Aggregate and Backfilling.............................................................................................................49 F. Method of Measurement.......................................................................................................................................49 G. Basis of Payment..................................................................................................................................................49 DIVISION 500 MISCELLANEOUS CONSTRUCTION 519 DRIVEWAY PAVEMENT (REV. 08-23-12)...................................................................................................................51 A. Description............................................................................................................................................................51 B. Materials...............................................................................................................................................................51 C. Preparation and Construction...............................................................................................................................51 D. Method of Measurement.......................................................................................................................................51 E. Basis of Payment..................................................................................................................................................51 520 CONCRETE GUTTER, CURB ELEMENTS, AND TRAFFIC SEPARATOR (SECTION 520).........................................51 A. Page 583, Article 520-1, Description: Is expanded to include the following: ......................................................... 51 B. Page 583, Article 520-2, Materials: Is amended as follows: .................................................................................. 52 C. Page 591 Article 520-12, Basis of Payment: Is deleted in,its entirety and replaced with the following: ................. 52 575 SODDING.......................................................................................... A. Description................................................................................. B. Materials. Meet the following requirements: .............................. C. Construction Methods................................................................ D. Maintenance.............................................................................. E. Method of Measurement............................................................ F. Basis of Payment....................................................................... C. Method of Measurement: ........................................................... D. Basis of Payment: ...................................................................... ..........................................................................52 ..........................................................................52 ..........................................................................52 .......................................................................... 52 ..........................................................................52 ..........................................................................53 ..........................................................................53 ..........................................................................53 ..........................................................................53 Specifications Project No. 6MOd$7 DIVISION 700 TRAFFIC CONTROL 706 RAISED RETRO-REFLECTIVE PAVEMENT MARKERS AND BITUMINOUS ADHESIVE (REV. 05-0242)...............54 A. Description..........................................................................................................................................................54 B. Materials..............................................................................................................................................................54 C. Equipment...........................................................................................................................................................54 D. Application..........................................................................................................................................................54 E. Contractor's Responsibility for Notification.....................................................................................................54 F. Method of Measurement.... .......... ............................................................. ...... .................................................. 6.54 G. Basis of Payment..................................................................................................................6............................54 710 PAINTED PAVEMENT MARKINGS (REV. 05-0242)...................................................................................................55 A. Description..........................................................................................................................................................55 B. Materials..............................................................................................................................................................55 C. Equipment...........................................................................................................................................................55 D. Application: ......................................................................................................................................................... 55 E. Tolerances in Dimensions and in Alignment....................................................................................................56 F. Contractor's Responsibility for Notification.....................................................................................................56 G. Protection of Newly Painted Pavement Markings.............................................................................................56 H. Corrections for Deficiencies to Applied Painted Pavement Markings.............................................................56 I. Submittals........................................................................................................................................................... 56 J. Method of Measurement.....................................................................................................................................56 K. Basis of Pavment..........................................................................................................................................._._S7 711 THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS (REV. 05-02-12)................................................................57 A. B. C. D. E. F. G. H. I. J. K. L. Description..........................................................................................................................................................57 Materials..............................................................................................................................................................57 Equipment...........................................................................................................................................................57 Application..........................................................................................................................................................58 Tolerances in Dimensions and in Alignment....................................................................................................59 Contractor's Responsibility for Notification.....................................................................................................59 Protection of Newly Applied Traffic Stripes and Markings.............................................................................. 59 ObservationPeriod.............................................................................................................................................59 Corrections for Deficiencies..............................................................................................................................59 Submittals........................................................................................................................................................... 59 Methodof Measurement....................................................................................................................................59 Basisof Pavment................................................................................................................................................60 Specifications Project No. 6119047 DIVISION 100 GENERAL CONSTRUCTION OPERATIONS 101 MOBILIZATION (REV. 0342-2013) A. Description. 1. Perform preparatory work and operations in mobilizing for beginning work on the Project, including, but not limited to, those operations necessary for the movement of personnel, equipment, supplies, and incidentals to the project site(s) and for the establishment of temporary offices, buildings, safety equipment and first aid supplies, and sanitary and other facilities. 2. Include the costs of bonds and any required insurance and any other preconstruction expense necessary for the start of the work, excluding the cost of construction materials. B. Basis of Payment. 1. When No Separate Item for Mobilization is Included in the Contract: a. All work and incidental costs specified as being covered under this Article will be included for payment under the several scheduled items of the overall Contract, and no separate payment will be made therefore. 2. When a Separate Pay Item for Mobilization is Included in the Contract: a. The work and incidental costs specified as being covered under this Article will be paid for at the Contract lump sum price for the Mobilization pay item, after an executed Notice to Proceed has been issued, by partial payments made in accordance with the following: 1) For contracts of 120 contract days duration'or less, partial payment will be made at 50% of the bid price per month for the first two months. For contracts in excess of 120 contract days duration, partial payment will be made at 25% of the bid price per month for the first four months. In no event shall more than 50% of the bid price be paid prior to commencing construction on the project site. 2) Total partial payments for Mobilization on any project, including when more than one project or job is included in the Contract, will be limited to 10% of the original Contract amount for that project. Any remaining amount will be paid upon completion of all work on the Contract. 3) Retainage, as specified in the Contract Documents, will be applied to all partial payments. 4) Partial payments made on this Subarticle will in no way act to preclude or limit any of the provisions for partial payments otherwise provided for by the Contract. 3. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. 102 MAINTENANCE OF TRAFFIC (REV. 12-15-2015) Specifications Page 1 of 60 62 of 167 A. Description. 1. General: a. Maintain, for the duration of the construction period including any temporary suspensions of the Work, all traffic including pedestrian traffic within the limits of the Project starting the day work begins on the Project or the first day Contract time is charged, or on the day work begins on the work order, whichever is earlier. b. Construct and maintain detours. c. Provide facilities for access to residences, businesses, etc., along the Project. d. Furnish, install and maintain traffic control and safety devices during construction in accordance with FDOT Index 600 Series of the FDOT Design Standards, or as directed by Engineer. MOT includes all facilities, devices and operations as required for safety and convenience of the public within the work zone. Provide pickup, removal and disposal of litter and mow turf or vegetation within the MOT limits as required by Article 107. e. Furnish and install work zone pavement markings for maintenance of traffic (MOT) in construction areas. f. Provide any other special requirements for safe and expeditious movement of traffic specified in the Plans or directed by Engineer. 2. Unless otherwise directed by Engineer or required by the Contract Documents, do not maintain traffic over those portions of the Project where no work is to be accomplished or where construction operations will not affect existing roads including sidewalks. 3. Do not obstruct or create a hazard to any traffic during the performance of the Work, and repair any damage to existing pavement open to traffic. 4. Traffic may be detoured only upon approval by the County Engineer. Contractor must submit for review and approval an updated MOT plan prior to closure of any roads. 5. The Department may temporarily suspend all activities, except traffic, erosion control and such other activities that are necessary for project maintenance and safety, for failure to comply with these provisions. 6. Due to traffic congestion, work hours other than normal established hours may be required by the Engineer. In the case of extreme traffic or weather conditions, Contractor may be required to remove their operation from the roadway and/or right of way, at the discretion of the Engineer or the Traffic Control Officer at no additional compensation. Project No. B. Materials. 1. Meet the following requirements: Bituminous Adhesive FDOT Section 970 Temporary Retroreflective FDOT Section 990 Pavement Markers Paint FDOT Section 971 Removable Tape FDOT Section 990 Glass Spheres FDOT Section 971 Temporary Traffic Control FDOT Section 990 Device Materials Retroreflective and FDOT Section 994 Nonreflective Sheeting for Temporary Traffic Control Devices 2. Temporary Traffic Control Devices: Use only the materials meeting the requirements of FDOT Section 990, FDOT Section 994, FDOT Design Standards and the Manual on Uniform Traffic Control Devices (MUTCD). 3. Detour: Provide all materials for the construction and maintenance of all detours. 4. Commercial Materials for Driveway Maintenance: Provide materials of the type typically used by FDOT for roadway base construction, including reclaimed asphalt pavement material, and having stability and drainage properties that will provide a firm surface under wet conditions. C. Worksite Traffic Supervisor. Provide a worksite traffic supervisor meeting the requirements of Article 105. Provide the worksite traffic supervisor with all equipment and materials needed to set up, take down, maintain traffic control, and handle traffic -related situations. 2. Ensure that the worksite traffic supervisor performs the following duties: a. On site direction of all traffic control on the Project. b. Is on site during all MOT set up and take down, and performs a drive through inspection immediately after set up. c. Is on site during all nighttime operations to ensure proper MOT. d. Immediately corrects all safety deficiencies and does not permit minor deficiencies that are not immediate safety hazards to remain uncorrected for more than 24 hours. e. Is available on a 24 hour per day basis and present within 45 minutes after notification of an emergency situation and is prepared to positively respond to repair the work zone traffic control or to provide alternate traffic arrangements. f. Conducts daily daytime and weekly nighttime inspections of projects with predominately daytime work activities, and daily nighttime and weekly daytime inspections of projects with predominantly nighttime work activities of all traffic control devices, traffic flow, pedestrian, bicyclist, and business accommodations. Advise Engineer and the Project personnel of the schedule of these inspections and give them the opportunity to join in the inspection as is deemed necessary. 3. The Department may disqualify and remove from the Project a worksite traffic supervisor who fails to comply with the provisions of this Article. D. Submittals 1. Traffic Control Plan a. Submit at Contractor's own expense a Traffic Control Plan (TCP) .for approval by the County when a final TCP was not provided by the County as part of the original Contract Documents. Sequence the Work in a manner that will minimize disruption of vehicular and pedestrian access through and around the Project's construction area(s). b. The TCP must detail procedures and protective measures proposed by Contractor to provide for protection and control of traffic affected by the Work consistent with the following applicable standards: 1) The Contract Documents; 2) "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD) and subsequent revisions and addendums, as published by the U.S. Department of Transportation, Federal Highway Administration; 3) The 600 Series indices of the FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System; and 4) The Miami -Dade County Public Works Manual. c. All references to the respective agencies in the above referenced standards shall be construed to also include more stringent requirements of the jurisdictional municipality as applicable for this Work. d. The TCP must be signed and sealed by a Professional Engineer registered in the state of Florida and shall include proposed locations and time durations of the following, as applicable: 1) Pedestrian and public vehicular traffic routing. 2) Lane and sidewalk closures, other traffic blockage and lane restrictions and reductions anticipated to be caused by construction operations. Show and describe the proposed location, dates, hours and duration of closure, vehicular and pedestrian traffic routing and management, traffic control devices for implementing pedestrian and vehicular movement around the closures, and details of barricades. 3) Location, type and method of shoring to provide lateral support to the side of an excavation or embankment parallel to an open travel -way. 4) Allowable on -street parking within the immediate vicinity of worksite. 5) Access to buildings immediately adjacent to worksite. Specifications Project No. Page 2 of 60 63 of 167 6) Driveways blocked by construction operations. 7) Temporary traffic control devices, temporary pavement striping and marking of streets and sidewalks affected by construction 8) Temporary commercial and industrial loading and unloading zones. 9) Construction vehicle reroutes, travel times, staging locations, and number and size of vehicles involved. e. Obtain and submit prior to erection, or otherwise impacting traffic, all required permits from all authorities having jurisdiction, including the Department, if applicable. 2. Alternative Traffic Control Plan. a. Where a TCP is provided by the County with the Contract Documents, Contractor may still propose an alternative TCP to the plan presented in the Contract Documents. Prepare the TCP in conformance with the requirements stipulated in this Specification and in the form outlined in the current version of FDOT's Plans Preparation Manual. Indicate in the plan a TCP for each phase of activities. Have Contractor's Engineer of Record sign and seal the alternative plan. Take responsibility for identifying and assessing any potential impacts to a utility that may be caused by the alternate TCP proposed by Contractor, and notify the Department in writing of any such potential impacts to utilities. b. Engineer's approval of the alternate TCP does not relieve Contractor of sole responsibility for all utility impacts, costs, delays or damages, whether direct or indirect, resulting from Contractor initiated changes in the design or construction activities from those in the original Contract Specifications, Design Plans (including TCPs) or other Contract Documents and which effect a change in utility work different from that shown in the Utility Plans, joint project agreements or utility relocation schedules. c. The Department reserves the right to reject any alternative TCP. Obtain Engineer's written approval before beginning work using an alternate TCP. Engineer's written approval is required for all modifications to the TCP. Engineer will only allow changes to the TCP in an emergency without the proper documentation. 3. Comprehensive Weekly Report: a. Submit to Engineer a comprehensive weekly report of the daily inspections performed and detailing the condition of all traffic control devices (including pavement markings) being used. b. Include assurances in the report that pedestrians are accommodated with a safe, accessible travel path around work sites separated from mainline traffic in compliance with the Americans with Disabilities Act (ADA) Standards for Transportation Facilities, that existing or detoured bicyclist paths are being maintained satisfactorily throughout the Project limits, and that existing businesses in work areas are being provided with adequate entrances for vehicular and pedestrian traffic during business hours. Specifications Page 3 of 60 64 of 167 c. When deficiencies are found, the worksite traffic supervisor is to note such deficiencies and include the proposed or implemented corrective actions, including the date corrected. d. Have the worksite traffic supervisor sign the report and certify that all of the above issues are being handled in accordance with the Contract Documents. E. Traffic Control. Standards: FDOT Design Standards are the minimum standards for the use in the development of all TCPs. The MUTCD, Part VI is the minimum national standard for traffic control for highway construction, maintenance, and utility operations. Follow the basic principles and minimum standards contained in these documents for the design, application, installation, maintenance, and removal of all traffic control devices, warning devices and barriers which are necessary to protect the public and workers from hazards within the Project limits. 2. Maintenance of Roadway Surfaces: a. Maintain all lanes that are being used for the MOT, including those on detours and temporary facilities, under all weather conditions. Keep the lanes reasonably free of dust, potholes and rutting. Provide the lanes with the drainage facilities necessary to maintain a smooth riding surface under all weather conditions. 3. Number of Traffic Lanes: a. Maintain one lane of traffic in each direction. b. Maintain two lanes of traffic in each direction at existing four (or more) lane cross roads, where necessary to avoid undue traffic congestion. c. Construct each lane used for MOT at least as wide as the traffic lanes existing in the area before commencement of construction. d. Do not allow traffic control and warning devices to encroach on lanes used for MOT. e. Engineer may allow Contractor to restrict traffic to one- way operation for short periods of time provided that Contractor employs adequate means of traffic control and does not unreasonably delay traffic. When a construction activity requires restricting traffic to one- way operations, locate the flaggers within view of each other when possible. When visual contact between flaggers is not possible, equip them with 2-way radios, official, or pilot vehicles, or use traffic signals. 4. Crossings and Intersections: a. Provide and maintain adequate accommodations for intersecting and crossing traffic. Do not block or unduly restrict any road or street crossing the Project unless approved by Engineer. Before beginning any construction, provide Engineer the names and phone numbers of persons that can be contacted when signal operation malfunctions. 5. Access for Residences and Businesses: Provide continuous access to all residences and all places of business. Project No. 6. Protection of the Work from Injury by Traffic: Where traffic would be injurious to a base, surface course, or structure constructed as a part of the work, maintain all traffic outside the limits of such areas until the potential for injury no longer exists. 7. Flagger: Provide trained flaggers in accordance with Article 105. B. Conflicting Pavement Markings: a. Where the lane use or where normal vehicle or pedestrian paths are altered during construction, remove all pavement markings (paint, tape, thermoplastic, raised pavement markers, etc.) that will conflict with the adjusted vehicle or pedestrian paths. Use of paint to cover conflicting pavement markings is prohibited. Remove conflicting pavement markings using a method that will not damage the surface texture of the pavement and which will eliminate the previous marking pattern regardless of weather and light conditions. b. Remove all pavement markings that will be in conflict with "next phase of operation" vehicle pedestrian paths as described above, before opening to vehicle traffic or use by pedestrians. c. Cost for removing conflicting pavement markings (paint, tape, thermoplastic, raised pavement markers, etc.) to be included in the Project costs for Maintenance of Traffic (General). 9_ Vehicle and Equipment Visibility: a. Equip all pickups and automobiles used on the Project with a minimum of one Class 2 amber or white warning light that meets the Society of Automotive Engineers Recommended Practice SAE J595, dated November 1, 2008, or SAE J845, dated December 1, 2007, and incorporated herein by reference. Existing lights that meet SAE J845, dated March, 1992, or SAE J1318, dated April, 1986, may be used to its end of service life. Warning lights shall be a high intensity amber or white rotating, flashing, oscillating or strobe light. Lights should be unobstructed by ancillary vehicle equipment such as ladders, racks or booms. If the light is obstructed, additional lights will be required. The lights shall be operating when a vehicle is in a work area where a potential hazard exists, when operating the vehicle at less than the average speed for the facility while performing work activities, making frequent stops or called for in the Plans or FDOT Design Standards. b. Equip all other vehicles and equipment with a minimum of 4 square feet of retroreflective sheeting or flashing lights. c. To avoid distraction to motorists, do not operate the lights on the vehicles or equipment when the vehicles are outside the clear zone or behind a barrier. 13. No Waiver of Liability: Conduct operations in such a manner that no undue hazard results due to the requirements of this Article. The procedures and policies described herein in no way acts as a waiver of any terms of the liability of Contractor or his surety. F. Detours. Specifications Page 4 of 60 65 of 167 1. General: Construct and maintain detour facilities wherever it becomes necessary to divert traffic from any existing roadway or bridge, or wherever construction operations block the flow of traffic. 2. Construction: Plan, construct, and maintain detours for the safe passage of traffic in all conditions of weather. Provide the detour with all facilities necessary to meet this requirement. Where pedestrian facilities are detoured, blocked or closed during the work, provide safe alternate accessible routes through or around the work zone meeting the requirements of the ADA Standards for Transportation Facilities. 3. Construction Methods: Select and use construction methods and materials that provide a stable and safe detour facility. Construct the detour facility to have sufficient durability to remain in good condition, supplemented by maintenance, for the entire period that the detour is required. 4. Removal of Detours: Remove detours when they are no longer needed and before the Contract is completed. Take ownership of all materials from the detour and dispose of them, except for the materials on loan from the Department with the stipulation that they are returned. 5. Detours Over Existing Roads and Streets: When the Department specifies that traffic be detoured over roads or streets outside the Project area, do not maintain such roads or streets. However, maintain all signs and other devices placed for the purpose of the detour. 6. Operation of Existing Movable Bridges: a. At the pre -construction meeting, the Engineer and the Contractor will select a date for the County to turn over the bridge maintenance and operations responsibilities. In the event that this date is not discussed, the Contractor will take full responsibility at the NTP date. b. In addition to bridge maintenance responsibilities during the duration of the project, Contractor is responsible for having qualified and sufficient number of bridge operators to be able to operate the bridge in accordance USCG regulations — specifically, Title 33- Navigation and Navigable Waters, Chapter I - U.S. Coast Guard, Department of Homeland Security, Subchapter J-Bridges, Part 117--Drawbridge Operation Regulations, Subpart B--Specific Requirements § 117.5. c. County's bridge operators are scheduled as follows: 1 st Shift: 12am to 8am 2nd Shift: 8am to 4pm 3rd Shift: 4pm to 12am d. This allows the bridge to be operational on a 7 days/week, 365 days per year basis. e. When removing bridges: Once the bridge is removed Contractor is relieved of this responsibility; however, upon completion of the construction of the new bridge and until the new bridge is officially returned to the County, the contractor is obligated to operate the Project No. bridge in accordance with the established USCG regulation. f. Make immediate repairs of any damage to such structures caused by use or operations related to the work at no expense to the County, but do not provide routine repairs or maintenance. In the event that use or operations result in damage to a bridge requiring repairs, give such repairs top priority to any equipment, material, or labor available. G. Traffic Control Officer. 1. Provide uniformed law enforcement officers, including marked law enforcement vehicles, to assist in controlling and directing traffic in the work zone as required by Engineer and when the following types of work is necessary on projects: a. Directing traffic/overriding the signal in a signalized intersection. b. When FDOT Design Standards, Index No. 655 Traffic Pacing for overhead work is called for in the Plans or approved by Engineer. c. When pulling conductor/cable above an open traffic lane on limited access facilities, when called for in the Plans or approved by Engineer. d. When FDOT Design Standards, Index No. 625 Temporary Road Closure 5 Minutes or Less is used. H. Driveway Maintenance. 1. General: Ensure that each residence and business has safe, stable, and reasonable access. 2. Construction Methods: a. Place, level, manipulate, compact, and maintain the material, to the extent appropriate for the intended use. b. As permanent driveway construction is accomplished at a particular location, Contractor may salvage and reuse previously placed materials that are suitable for reuse on other driveways. I. Temporary Traffic Control Devices. 1. Installation and Maintenance: Install and maintain temporary traffic control devices as detailed in the Plans, Index 600 of the FDOT Design Standards and when applicable, in accordance with the approved vendor drawings, as provided on FDOT's Approved Products List (APL) and the TSSQPL. Erect the required temporary traffic control devices to prevent any hazardous conditions and in conjunction with any necessary traffic re-routing to protect the traveling public, workers, and to safeguard the work area. Use only those devices that are on the FDOT APL and the TSSQPL. Immediately remove or cover any devices that do not apply to existing conditions. b. All temporary traffic control devices must meet the requirements of National Cooperative Highway Research Program Report 350 (NCHRP 350) or the Specifications Page 5 of 60 66 of 167 Manual for Assessing Safety Hardware 2009 (MASH) and current FHWA directives. c. For devices requiring field assembly or special site preparation, vendor drawings shall include all field assembly details and technical information necessary for proper application and installation and must be signed and sealed by a Professional Engineer registered in the State of Florida. d. Ensure that the FDOT APL number is permanently marked on the device at a readily visible location. Sheeting used on devices is exempt from this marking requirement. e. Notify Engineer of any scheduled operation which will affect traffic patterns or safety sufficiently in advance of commencing such operation to permit his review of the plan for the proposed installation of temporary traffic control devices. f. Ensure an employee is assigned the responsibility of maintaining the position and condition of all temporary traffic control devices throughout the duration of the Contract. Keep Engineer advised at all times of the identification and means of contacting this employee on a 24 hour basis. g. Keep temporary traffic control devices in the correct position, properly directed, clearly visible and clean, at all times. Ensure that all traffic control devices meet acceptable standards as outlined in American Traffic Safety Services Association (ATSSA) "Quality Guidelines for Temporary Traffic Control Devices and Features". Immediately repair, replace or clean damaged, defaced or dirty devices. Traffic control devices shall not be cleaned while installed/used. Use of warning lights on any temporary traffic control device is prohibited. 2. Work Zone Signs: a. Furnish, install, maintain, remove and relocate signs in accordance with the Plans and FDOT Design Standards, Index No. 600. Use signs that meet the material and process requirements of FDOT Section 994. Use Type IV sheeting for fluorescent orange work zone signs. Roll -up signs must meet the requirements of Type VI sheeting. Use Type IV or Type XI sheeting for all other work zone signs. Attach the sign to the sign support using hardware meeting the manufacturer's recommendations on the FDOT APL vendor drawings or as specified in the FDOT Design Standards. 1) Post Mounted Signs: a) Meet the requirements of FDOT Section 990-8. 2) Portable Signs: a) Use only approved systems, which includes sign stands and attachment hardware (nuts, bolts, clamps, brackets, braces, etc.), meeting the vendor requirements specified on the FDOT APL drawings. b) Provide Federal Highway Administration's (FHWA) accepted sign substrate for use with accepted sign stands on the National Highway System (NHS) under the provisions of the NCHRP Report 350 "Recommended Project No. Procedures for the Safety Performance Evaluation of Highway Features." 3) Barrier Mounted Signs: a) When post mounting criteria cannot be achieved in accordance with FDOT Design Standards, Index No. 600 and a barrier or traffic railing exists, use temporary sign criteria provided in FDOT Design Standards, Index No. 11871. 3. Business Signs: a. Provide and place signs in accordance with the Plans and FDOT Design Standards, Index No. 600 series. Furnish signs having retrorefiective sheeting meeting the requirements of FDOT Section 990. 4. High Intensity Flashing Lights: a. Furnish Type B lights in accordance with the Plans and FDOT Design Standards. 5 Warning/Channelizing Devices: a. Furnish warning/channelizing devices in accordance with the Plans and FDOT Design Standards. b. Retrorefiective Collars for Traffic Cones: 1) Use collars for traffic cones listed on the FDOT APL that meets the requirements of FDOT Section 990. Use cone collars at night designed to properly fit the taper of the cone when installed. Place the upper 6 inch collar a uniform 3-1/2 inches distance from the top of the cone and the lower 4 inch collar a uniform 2 inches distance below the bottom of the upper 6 inch collar. Ensure that the collars are capable of being removed for temporary use or attached permanently to the cone in accordance with the manufacturer's recommendations. Provide a white sheeting having a smooth outer surface and that has the property of a retroreflector over its entire surface. c. Barrier Wall (Temporary): 1) Furnish, install, maintain, remove and relocate a temporary barrier wall in accordance with the Plans. Ensure that temporary concrete barrier wall for use on roadway sections, complies with FDOT Design Standards, Index Nos. 412, 415 or 414 as specified in the Plans. Ensure that temporary concrete barrier wall for use on bridge and wall sections, complies with FDOT Design Standards, Index No 414 as specified in the Plans. 2) Ensure that temporary water filled barrier wall used on roadway sections meets the NCHRP Report 350 criteria or the MASH and is listed on the FDOT APL. Barriers meeting the requirements of FDOT Design Standards, Index Nos. 412, 415 or temporary water filled barriers on the FDOT APL will not be accepted as an alternate to barriers meeting the requirements of FDOT Design Standards, Index No. 414. 3) Trailer mounted barriers listed on the FDOT APL may be used at the option of the Contractor. Trailer mounted barriers listed on the FDOT APL must have an FHWA eligibility letter and be Specifications Page 6 of 60 67 of 167 successfully crash tested in accordance with MASH TL-3 criteria. All trailer mounted barriers must be equipped with an FDOT APL listed truck mounted attenuator, an FDOT APL listed vehicle mounted arrow board and vehicle warning lights in accordance with this Article 4) Temporary Barrier Wall Meeting the Requirements of Design Standards, Index Nos. 412 and 414: a) Ensure the marking requirements of the respective Index are met. 5) Proprietary Precast Temporary Barrier Wall Fabricated prior to 2005: a) Contractor must submit a certification stating that all unmarked barrier wall units meet the requirements of the Specifications and the FDOT Design Standards. Certifications will be project specific and non -transferable 6) Proprietary Precast Temporary Barrier Wall Fabricated in 2005 or later: a) Ensure each wall unit has permanent clear markings, showing the manufacture date, serial number, manufacturer's name or symbol, and the FDOT APL number. Label the markings on a plate, plaque, or cast in the unit. Proprietary barrier wall fabricated prior to 2016 and marked with the "INDX 521" in lieu of the FDOT APL number will be permitted. 7) Glare Screen (Temporary): a) Use temporary glare screens listed on the FDOT APL that meet the requirements of FDOT Section 990. Furnish, install, maintain, remove and relocate glare screen systems in conjunction with temporary barrier wall at locations identified in the Plans. b) Ensure the anchorage of the glare screen to the barrier is capable of safely resisting an equivalent tensile load of 600 pounds per foot of glare screen, with a requirement to use a minimum of three fasteners per barrier section. c) When glare screen is utilized on temporary barrier wall, warning lights will not be required. 8) Longitudinal Channelizing Devices (LCDs): a) Furnish LCDs in accordance with the Plans and FDOT Design Standards. LCDs are categorized as vehicular or pedestrian and shall be interlocked. For LCDs requiring internal ballasting, an indicator that clearly identifies the proper ballast level will be required. b) Use alternating orange and white pattern for solid color vehicular LCDs. Vehicular LCDs may be substituted for drums, vertical panels, or barricades. 6. Temporary Crash Cushion (Red i rective/Gating): a. Furnish, install, maintain and subsequently remove temporary crash cushions in accordance with the details and notes shown in the Plans, the FDOT Design Standards, and requirements of the pre - approved alternatives listed on the FDOT APL. Project No. b. Maintain the crash cushions until their authorized removal. Repair all attachment scars to permanent structures and pavements after crash cushion removal. Make necessary repairs due to defective material, work, or Contractor operations at no cost to the Department. c. Restore crash cushions damaged by the traveling public within 24 hours after notification as authorized by Engineer. 7. Guardrail (Temporary): a. Furnish guardrail (temporary) in accordance with the Plans and Design Standards. Meet the requirements of Article 536. 8. Arrow Board: a. Furnish arrow boards that meet the requirements of FDOT Section 990 as required by the Plans and Design Standards to advise approaching traffic of lane closures or shoulder work. b. Type B arrow boards may be used on low to intermediate speed (0 mph to 50 mph) facilities or for maintenance or moving operations on any speed facility. c. Type C arrow boards shall be used for all other operations on high-speed (50 mph and greater) facilities and may be substituted for Type B arrow boards on any speed facility. 9. Portable Changeable Message Sign (PCMS): a. Furnish PCMSs or truck mounted changeable message signs that meet the requirements of FDOT Section 990 as required by the Plans and FDOT Design Standards to supplement other temporary traffic control devices used in work zones. 10. Portable Regulatory Signs (PRS): a. Furnish PRSs that meet the requirements of FDOT Section 990 as required by the Plans and FDOT Design Standards. b. Activate portable regulatory signs only during active work activities and deactivate when no work is being performed. 11. Radar Speed Display Unit (RSDU): a. Furnish RSDUs that meet the requirements of FDOT Section 990 as required by the Plans and FDOT Design Standards to inform motorists of the posted speed and their actual speed. b. Activate the radar speed display unit only during active work activities and deactivate when no work is being performed. 12. Temporary Signalization and Maintenance: a. Provide temporary signalization and maintenance at existing, temporary, and new intersections including but not limited to the following: 1) Installation of temporary poles and span wire assemblies as shown in the Plans, 2) Temporary portable traffic signals as shown in the Plans, Specifications Page 7 of 60 68 of 167 3) Adding or shifting signal heads, 4) Trouble calls, 5) Maintaining intersection and coordination timing and preemption devices. b. Restore any loss of operation within 12 hours after notification. c. Provide traffic signal equipment that meets the requirements of Article 603 of FDOT Design Standards. Engineer may approve used signal equipment if it is in acceptable condition. Replacement components for traffic signal cabinet assemblies will be provided by the maintaining agency. 13. Temporary Traffic Detection and Maintenance: a. Provide temporary traffic detection and maintenance at existing, temporary, and new signalized intersections. Provide temporary traffic detection equipment listed on the FDOT APL. Restore any loss of detection within 12 hours. Ensure 90% accuracy per signal phase, measured at the initial installation and after any lane shifts, by comparing sample data collected from the detection system with ground truth data collected by human observation. Collect the sample and ground truth data for a minimum of five minutes during a peak and five minutes during an off- peak period with a minimum three detections for each signal phase. Perform the test in the presence of Engineer. 14. Truck Mounted Attenuators and Trailer Mounted Attenuators: a. Furnish, install and maintain only those attenuators that meet the requirements of NCHRP 350 or the MASH. b. Use truck mounted attenuators or trailer mounted attenuators, when called for in the FDOT Design Standards. Use attenuators listed on the FDOT APL. c. When attenuators are called for, use either a truck mounted attenuator or a trailer mounted attenuator system designed and installed in accordance with the manufacturers recommendations. d. Equip the attenuator cartridge with lights and reflectors in compliance with applicable Florida motor vehicle laws, including turn signals, dual tail lights, and brake lights. Ensure that lights are visible in both the raised and lowered positions if the unit is capable of being raised. e. Install either alternating black with yellow or white with orange sheeting on the rear of trailer mounted attenuators and on truck mounted attenuators, in both the operating and raised position. Use Type III (work zone) or Type IV sheeting consisting of 4 or 6 inch wide stripes installed to form chevrons that point upward. All sheeting except black shall be retroreflective. f. Attenuators will not be paid for separately. Include the cost of the truck with either a truck mounted attenuator or a trailer mounted attenuator under Maintenance of Traffic (General). Payment includes all costs, including furnishing, maintaining and removal when no longer required, and all materials, labor, tools, equipment and incidentals required for attenuator maintenance. Project No. 15. Temporary Raised Rumble Strip Sets: a. When called for in the Plans, furnish, install, maintain, remove, and reinstall temporary raised rumble strip sets. b. Install the temporary raised rumble strip sets per the manufacturer's recommendations and in accordance with FDOT Design Standards, Index No. 603. c. The temporary raised rumble strip may be either a removable polymer striping tape or a molded engineered polymer material. 16. Automated Flagger Assistance Devices (AFAD): a. Furnish, install, maintain, remove and relocate AFADs in accordance with the Plans and FDOT Design Standards. Position AFADs where they are clearly visible to oncoming traffic and out of the lane of traffic. The devices may be operated either by a single flagger at one end of the traffic control zone, from a central location, or by a separate flagger near each device's location. b. AFADs may be either a remotely controlled Stop/Slow AFAD mounted on either a trailer or a movable cart system, or a remotely controlled Red/Yellow Lens AFAD. c. AFADs will not be paid for separately. AFADs may be used as a supplement or an alternate to flaggers in accordance with FDOT Index 603. Include the cost for AFADs in Maintenance of Traffic (General). 17. Temporary Lane Separator: a. Furnish, install, maintain, remove and relocate temporary lane separator in accordance with the Plans and FDOT Design Standards, Index No 600. b. Anchor the portable temporary lane separator with a removable anchor bolt. Use epoxy on bridge decks where anchoring is not allowed. Remove the epoxy from the bridge deck by hydroblasting or other method approved by Engineer. J. Work Zone Pavement Marking. 1 _ Description: a. Furnish and install work zone pavement markings for MOT in construction areas and in close conformity with the lines and details shown in the Plans and FDOT Design Standards. b. Centerlines, lane lines, edge lines, stop bars and turn arrows will be required in work zones prior to opening the road to traffic. c. The most common types of work zone pavement markings are painted pavement markings and removable tape. Other types of work zone pavement markings may be identified in the Plans. 2. Painted Pavement Markings: a. General: Use painted pavement markings meeting the requirements of Article 710. Use standard waterborne paint unless otherwise identified in the Plans or approved by Engineer. 3. Removable Tape: a. General: Use removable tape listed on the FDOT APL and meeting the requirements of FDOT 990-4. b. Application: Apply removable tape with a mechanical applicator to provide pavement lines that are neat, accurate and uniform. Equip the mechanical applicator with a film cut-off device and with measuring devices that automatically and accumulatively measure the length of each line placed within an accuracy tolerance of plus or minus 2%. Ensure removable tape adheres to the road surface. Removable tape may be placed by hand on short sections, 500 feet or less, if it is done in a neat accurate manner. c. Retroreflectivity: Apply white and yellow traffic stripes and markings that will attain an initial retroreflectivity of not less than 300 mcd/lx-m2 for white and contrast markings and not less than 250 mcd/lx-m2 for yellow markings. Black portions of contrast tapes and black masking tapes must be non -reflective and have a reflectance of less than 5 mcd/Ix m2. At the end of the six month service life, the retroreflectance of white and yellow removable tape shall not be less than 150 mcd/lx-m2. d. Removability: Provide removable tape capable of being removed from bituminous concrete and portland cement concrete pavement intact or in substantially large strips, either manually or by a mechanical roll -up device, at temperatures above 40°F, without the use of heat, solvents, grinding or blasting. 4. Temporary Retroreflective Pavement Markers (RPM's): Use markers listed on the FDOT APL and meeting the requirements of FDOT 990-5. Apply all markers in accordance with the FDOT Design Standards, Index Nos. 600 and 17352, prior to opening the road to traffic. Replace markers any time after installation when more than three consecutive markers fail or are missing, at no expense to the Department, in a timely manner, as directed by Engineer. K. Method of Measurement. Specifications Page 8 of 60 69 of 167 1. General: a. Devices installed/used on the Project on any calendar day or portion thereof, within the allowable Contract Time, including time extensions which may be granted, will be paid for at the Contract unit price for the applicable pay item, except those paid for as Maintenance of Traffic (General). b. One or more of the following items may appear in a contract in addition to a direct payment item for Maintenance of Traffic (Lump Sum). Unless otherwise stipulated in the Contract Documents, only those items with an Awarded Unit Price will be considered for direct payment. 2. Traffic Control Officers: a. The County will reimburse Contractor for the services of uniformed law enforcement officers authorized to serve as traffic control officers for the purpose of controlling or directing traffic in the work zone as part of the County approved Traffic Control Plan and Maintenance of Traffic provided by Contractor pursuant to the Contract Documents. Project No. b. The quantity to be paid for will be the invoice unit price per hour for the actual number of officers certified to be on the project site, including any law enforcement vehicles and all other direct and indirect costs. c. Payment will be made at invoice cost from an appropriate dedicated allowance established by the County. d. Payment will be made only for those Traffic Control Officers specified in the Plans and authorized by the Engineer. The necessary invoices and documentation must be submitted to the Engineer along with the payment request. 3. Special Detours: a. When a detour facility is specifically detailed in the Plans, or is otherwise described or detailed as a special item, and an item for separate payment is included in the proposal, the work of constructing, maintaining, and subsequently removing such detour facilities will be paid for separately. Traffic control devices, warning devices, barriers, signing, and pavement markings for special detours will also be paid for separately. b. When the Plans show more than one detour, each detour will be paid for separately, at the Contract lump sum price for each. c. Where a separate item for a specific detour facility is included in the proposal, payment will be made under special detour. 4. Commercial Material for Driveway Maintenance: a. The quantity to be paid for will be the certified volume, in cubic yards, of all materials authorized by the Engineer, acceptably placed, compacted and maintained for driveway maintenance. The volume, which is authorized to be reused, and which is acceptably salvaged, placed, compacted and maintained in other designated driveways will be included again for payment. b. Arrow Board: The quantity to be paid at the contract unit price will be for the number of arrow boards certified as installed/used on the project on any calendar day or portion thereof within the contract time. 5. Work Zone Signs: a. The number of temporary post -mounted signs (temporary regulatory, warning and guide) certified as installed/used on the project will be paid for at the Contract unit price for work zone signs. When multiple signs are located on single or multiple posts, each sign panel will be paid individually. Signs greater than 20 square feet and detailed in the Plans will be paid for under Maintenance of Traffic (General). b. Temporary portable signs (excluding mesh signs) and vehicular mounted signs will be included for payment under work zone signs, only if used in accordance with the FDOT Design Standards. c. The number of temporary barrier mounted signs (temporary regulatory, warning and guide) certified as installed/used on the project will be paid for at the Contract unit price for barrier mounted work zone signs. Specifications Page 9 of 60 70 of 167 6. Business Signs: The number of business signs certified as installed/used on the project will be paid for at the Contract unit price for business signs. 7. High Intensity Flashing Lights: a. The number of high intensity flashing lights (Type B) certified as installed/used on the project will be paid for at the Contract unit price for high intensity flashing lights (temporary - Type B). 8. Channelizing Devices: a. The number of drums, vertical panels, pedestrian LCDs, and Type I, Type II, Type III, or direction indicator barricades, certified as installed/used on the project meeting the requirements of FDOT Design Standards, Index No. 600 and have been properly maintained will be paid for at the Contract unit prices for channelizing device. b. Payment for vehicular LCDs will be paid as the length in feet installed divided by the device spacing for barricades, vertical panels, and drums and certified as installed/used on the project meeting the requirements of FDOT Design Standards, Index No. 600 and have been properly maintained will be paid for at the Contract unit price for channelizing device. c. Payment will not be made for channelizing devices unsatisfactorily maintained, as determined by the Engineer. d. Payment will be made for each channelizing device that is used to delineate trailer mounted devices. e. Payment will be made for channelizing devices delineating portable changeable message signs during the period beginning 14 working days before Contract Time begins as authorized by the Engineer. 9. Barrier Wall (Temporary): a. The Contract unit price for barrier wall (temporary) will be full compensation for furnishing, installing, maintaining, and removing the barrier wall. When called for, the Contract unit price for barrier wall (temporary/relocate) will be full compensation for relocating the barrier. The certified quantity to be paid for will be determined by the number of sections times the nominal length of each section. 10. Barrier Delineators: a. The number of barrier delineators, installed on top of barrier wall, used on the project, meeting the requirements of FDOT Design Standards and Article 705. 11. Lights, Temporary, Barrier Wall Mount: a. The number of Type C steady bum lights, mounted on barrier wall, certified as installed/used on the project, meeting the requirements of the Design Standards and have been properly maintained will be paid for at the Contract unit price for lights temporary, barrier wall mount. 12. Glare Screen (Temporary): Project No. a. The certified quantity to be paid for will be determined by the number of sections times the nominal length of each section. 13. Temporary Crash Cushions: a. Redirective: 1) The quantity to be paid for will be the number of temporary crash cushions (redirective) certified as installed/used and maintained on the project, including object marker. b. Gating: 1) The quantity to be paid for will be the number of temporary crash cushions (gating) certified as installed/used and maintained on the project, including object marker. '14. Temporary Guardrail: a. The quantity to be paid for will be the length, in feet, of temporary guardrail constructed and certified as installed/used on the project. The length of a run of guardrail will be determined as a multiple of the nominal panel lengths. 15. Arrow Board: a. The quantity to be paid at the Contract unit price will be for the number of arrow boards certified as installed/used on the project on any calendar day or portion thereof within the Contract time. 16. Portable Changeable Message Sign: a. The quantity to be paid at the Contract unit price will be for the number of portable changeable message signs or truck mounted changeable message signs certified as installed/used on the project on any calendar day or portion thereof within the Contract time. b. Payment will be made for each portable changeable message sign that is used during the period beginning fourteen working days before Contract Time begins as authorized by Engineer. 17. Portable Regulatory Signs: a. The quantity to be paid for will be the number of portable regulatory signs certified as installed/used on the project on any calendar day or portion thereof within the Contract time, will be paid for the Contract unit price for portable regulatory sign. 18. Radar Speed Display Unit: a. The quantity to be paid for will be the number of radar speed display units certified as installed/used on the project on any calendar day or portion thereof within the Contract Time, will be paid for the Contract unit price for radar speed display unit. 19. Temporary Signalization and Maintenance: a. For existing intersections, the quantity to be paid for will be the number of signalized intersections per day for the full duration of the Contract. For temporary intersections, the quantity to be paid for will be the number of signalized intersections per day for the duration of the temporary intersection. No separate Specifications Page 10 of 60 71 of 167 payment will be made for temporary signalization and maintenance at new intersections. 20. Temporary Traffic Detection and Maintenance: a. For existing intersections, the quantity to be paid for will be the number of signalized intersections per day beginning the day Contract Time begins and ending the day the permanent detection is operational and the final lane configuration is in place. For temporary and new intersections, the quantity to be paid for will be the number of signalized intersections per day beginning the day the temporary detection is functional and ending the day the permanent detection is operational and the final lane configuration is in place for a new intersection; or, when the detection is removed for a temporary intersection. 21. Work Zone Pavement Markings: a. The quantities, furnished and installed, to be paid for will be the length of skip and solid pavement markings, and the area of pavement markings placed as follows: 1) The total transverse distance, in feet, of skip pavement marking authorized and acceptably applied. The length of actual applied line will depend on the skip ratio of the material used. Measurement will be the distance from the beginning of the first stripe to the end of the last stripe with proper deductions made for unpainted intervals as determined by plan dimensions or stations, subject to the requirements of the Contract Documents. 2) The net length, in feet, of solid pavement marking authorized and acceptably applied. 3) The number of directional arrows or pavement messages authorized and acceptably applied. 4) The number of temporary RPM's authorized and acceptably applied. 22. Temporary Raised Rumble Strips: a. The quantity to be paid for will be the number of temporary raised rumble strip sets certified as installed/used on the project on any calendar day or portion thereof within the Contract Time. b. The number of strips used must meet the requirements of FDOT Design Standards, Index No. 603. No adjustment will be made to the per day measurement for the number of strips or sets used, or for the number of times the sets are relocated. 23. Temporary Lane Separator: a. The quantity of temporary lane separator to be paid for will be plan quantity, in feet, including drainage gaps, completed and accepted. L. Submittals. 1. Submittal Instructions: a. Prepare a certification of quantities for certified MOT payment items for each project in the Contract. Submit the certification of quantities to Engineer. The Project No. Department will not pay for any disputed items until Engineer approves the certification of quantities. 2. Contractor's Certification of Quantities: a. Request payment by submitting a certification of quantities as directed by Engineer, based on the amount of work done or completed. Ensure the certification consists of the following: b. Contract Number, Certification Date and the period that the certification represents. c. The basis for arriving at the amount of the progress certification, less payments previously made and less an amount previously retained or withheld. The basis will include a detail breakdown provided on the certification of items of payment in accordance with 102-M. After the initial setup of the MOT items and counts, the interval for recording the counts will be made weekly on the certification sheet unless there is a change. This change will be documented on the day of occurrence. Some items may necessitate a daily interval of recording the counts. M. Basis of Payment. 1. Maintenance of Traffic (General): a. No Direct Payment Provided: When no item for direct payment of Maintenance of Traffic (Lump Sum) is provided by the Contract, the costs for performing all work and requirements specified under this Article, except as may be specifically covered for payment under other items, will be included among the various scheduled items of the Contract. b. Direct Payment Provided: When direct payment for Maintenance of Traffic (Lump Sum) is provided in the Contract, the quantity to be paid all work and costs specified under this Article, except as may be specifically covered for payment under other items, will be the lump sum Contract Price. 2. Additional items of Direct Payment. Only those items with an Awarded Unit Price will be considered for direct payment. a. Traffic Control Officers: 1) Price and payment will be full compensation for the services of the traffic control officers at invoice cost as specified under subarticle 102.K.2 above. b. Special Detours: 1) Price and payment will be full compensation for providing all detour facilities shown in the Plans and all costs incurred in carrying out all requirements of this Article for general MOT within the limits of the detour, as shown in the Plans. c. Commercial Materials for Driveway Maintenance: 1) Price and payment will be full compensation for all work and materials specified for this item, including specifically all required shaping and maintaining of driveways. d. Work Zone Signs: Specifications Page 11 of 60 72 of 167 1) Price and payment will be full compensation for all work and materials for furnishing signs, supports and necessary hardware, installation, relocating, maintaining and removing signs. e. Business Signs: 1) Price and payment will be full compensation for all materials and labor required for furnishing, installing, relocating, maintaining, and removing the signs as well as the cost of installing any logos provided by business owners. f. High Intensity Warning Lights: 1) Price and payment will be full compensation for furnishing, installing, operating, relocating, maintaining and removing high intensity flashing lights (Type B). g. Channelizing Devices: 1) Prices and payment will be full compensation for furnishing, installing, relocating, maintaining and removing the channelizing devices, including the costs associated with attached warning lights as required. h. Barrier Wall (Temporary): 1) Price and payment will be full compensation for furnishing, installing, maintaining, and removing the barrier. When called for, barrier wall (temporary) (relocate) will be full compensation for relocating the barrier. i. Lights, Temporary, Barrier Wall Mount: 1) Price and payment will be full compensation for all work and materials for furnishing, installing and maintaining the warning lights mounted on barrier wall. Payment will not be made for lights that are improperly placed or are not working. j. Barrier Delineators: 1) No separate payment will be made for barrier delineators installed on top of temporary barrier wall. The cost of furnishing, installing and maintaining the barrier delineators will be included in the cost of the temporary barrier wall. k. Glare Screen (Temporary): 1) Price and payment will be full compensation for furnishing, installing, maintaining, and removing the glare screen certified as installed/used on the project. When called for, glare screen (relocate) will be full compensation for relocating the glare screen. I. Temporary Crash Cushion (Redirective/Gating): 1) Price and payment will be full compensation for furnishing, installing, maintaining and subsequently removing such crash cushions. Payment for restoring damaged crash cushions will be the manufacturer's/distributor's invoice price for the new materials/parts plus 20% markup. The 20% markup is compensation for all necessary work including; but not limited to, labor, equipment, supplies and profit, as authorized by Engineer. Project No. Additional MOT required for the repair of the crash cushion will be paid for under the appropriate MOT pay item. m. Temporary Guardrail: 1) Price and payment will be full compensation for furnishing all materials required for a complete installation, including end anchorage assemblies and any end connections to other structures and for installing, maintaining and removing guardrail. n. Arrow Board: 1) Price and payment will be full compensation for furnishing, installing, operating, relocating, maintaining and removing arrow boards. o. Portable Changeable Message Sign: 1) Price and payment will be full compensation for furnishing, installing, operating, relocating, maintaining and removing portable changeable message signs. p. Portable Regulatory Signs: 1) Price and payment will be full compensation for furnishing, installing, relocating, maintaining and removing a completely functioning system as described in these Specifications portable regulatory signs. Price and payment will be full compensation for furnishing, installing, operating, relocating, maintaining and removing portable regulatory signs. 2) Payment will include all labor, materials, incidentals, repairs and any actions necessary to operate and maintain the unit at all times that work is being performed or traffic is being affected by construction and/or MOT operations. q. Radar Speed Display Unit: 1) Price and payment will be made only for a completely functioning system as described in these specifications. Payment will include all labor, hardware, accessories, signs, and incidental items necessary for a complete system. 2) Payment will include any measurements needed to insure that the unit conforms to all specification requirements. 3) Payment will include all labor, materials, incidentals, repairs and any actions necessary to operate and maintain the unit at all times that work is being performed or traffic is being affected by construction and/or MOT operations. Price and payment will be full compensation for furnishing, installing, operating, relocating, maintaining and removing radar speed display unit. r. Temporary Signalization and Maintenance: 1) Price and payment will constitute full compensation for furnishing, installing, operating, maintaining and removing temporary traffic control signals including all equipment and components necessary to provide an operable traffic signal. Payment will be withheld for each day at each intersection where the temporary signalization is not operational within 12 hours after notification. s. Temporary Traffic Detection and Maintenance: 1) Price and payment will constitute full compensation for furnishing, installing, operating, maintaining and removing temporary traffic detection including all equipment and components necessary to provide an acceptable signalized intersection. Take ownership of all equipment and components. Payment will be withheld for each day at each intersection where the temporary detection is not operational within 12 hours after notification. t. Temporary Raised Rumble Strips: 1) Price and payment will be full compensation for all work and materials described in this Article, including all cleaning and preparing of surfaces, disposal of all debris, furnishing of all materials, application, curing, removal, reinstalling and protection of all items, protection of traffic, furnishing of all tools, machines and equipment, and all incidentals necessary to complete the work. u. Work Zone Pavement Markings: 1) Price and payment will be full compensation for all work specified including, all cleaning and preparing of surfaces, furnishing of all materials, application, curing and protection of all items, protection of traffic, furnishing of all tools, machines and equipment, and all incidentals necessary to complete the work. Final payment will be withheld until all deficiencies are corrected. 2) Removable tape may be substituted for work zone paint at no additional cost to the Department. 3) Payment for temporary RPMs used to supplement line markings will be paid for under temporary retroreflective pavement markers. Install these markers as detailed in the Design Standards. v. Temporary Lane Separator: 1) Price and payment will be full compensation for all work specified in this Article. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. 110 CLEARING AND GRUBBING (REV. 05-16-11) A. General. Specifications Page 12 of 60 73 of 167 1. Perform all Clearing and Grubbing required by the Contract Documents or necessary to prepare the Project site for the proposed construction. 2. Remove and dispose of all structures, material, product and debris not required to be salvaged or not required to complete the construction. Project No. 3. Trim trees and shrubs within the Project right-of-way that are required by the Contract Documents or necessary for the construction of the Project. 4. Perform the work and meet all the requirements for the miscellaneous operations described in Subarticle B.6 herein. 5. Protect and do not displace structures which are to remain in place. B. Clearing and Grubbing: 1. Standard Clearing and Grubbing. a. Perform Standard Clearing and Grubbing within: 1) Right-of-way of the roadway to be constructed. 2) All Project areas, whether or not shown in the Plans, that require Clearing and Grubbing including: a) Areas where excavation is to be done. b) Areas where roadway embankments will be constructed. c) Areas where structures will be constructed or installed. b. Work includes complete removal and disposal of: 1) All buildings, structures, appurtenances, existing pavement, trees, plants, vegetation, timber, brush, stumps, roots, rubbish, debris, and all other obstructions resting on or protruding through the surface of the existing ground and the surface of excavated areas. 2) All other structures and obstructions necessary to be removed and for which other items of the Contract do not specify the removal thereof. 3) Any boulders encountered in the roadway excavation or found on the surface of the ground unless otherwise permitted by the Contract Documents c. Depths of Removal of Roots, Stumps, and Other Debris: 1) Completely remove and dispose of all stumps found within the roadway right-of-way. 2) Remove roots and other debris from all excavated material to be used in the construction of roadway embankment. 3) In all areas where excavation is to be performed or roadway embankments are to be constructed, plow the surface to a depth of at least 6 inches, and remove roots and other debris to a depth of 12 inches below the ground surface. 4) Remove all roots and other debris protruding through or appearing on the surface of the completed excavation within the roadway area and for structures, to a depth of at least 12 inches below the finished excavation surface. 5) In borrow pits, material pits, and lateral ditches, remove or cut off all stumps, roots, etc. below the surface of the completed excavation. Do not Specifications Page 13 of 60 74 of 167 perform any clearing or grubbing within 3 feet inside the right-of-way line in borrow and material pits. 6) Within all other areas where Standard Clearing and Grubbing is to be performed, remove roots and other debris projecting through or appearing on the surface of the original ground to a depth of 12 inches below the surface, but do not plow or harrow these areas. d. Trees to Remain: 1) As an exception to the above provisions, where so directed by the Engineer, trim, protect, and leave standing desirable trees within the Project area. 2) Trim branches of trees extending over the area occupied by the roadway as directed, to give a clear height of 16 feet above the roadway. 2. Selective Clearing and Grubbing. a. Perform Selective Clearing and Grubbing only in areas so designated in the Plans or where directed by the Engineer. b. Completely remove and dispose of stumps and remove and dispose of all vegetation, obstructions, etc., as required for Standard Clearing and Grubbing except that, where so elected, the Contractor may cut roots flush with the ground surface. c. Entirely remove undergrowth except in specific areas designated by the Engineer to remain for aesthetic purposes. d. Trim, protect, and leave standing desirable trees, with the exception of such trees as the Engineer may designate to be removed in order to facilitate right-of- way maintenance. Remove undesirable or damaged trees as so designated by the Engineer. 3. Removal of Existing Structures. a. Structures to be removed include: 1) Structures, or portions of structures, shown in the Plans to be removed; 2) Structures, or portions of structures, found within the areas requiring Clearing and Grubbing, and directed by the Engineer to be removed; 3) Structures, or portion of structures, which are necessary to be removed in order to construct new structures; and 4) All other appurtenances or obstructions which may be designated in the Contract Documents as to be included for removal under this Article. b. Removal Requirements: 1) General: a) Remove and dispose of all materials from existing structures required to be removed. b) Remove the structures in a neat manner so as to leave no obstructions to any proposed new structures, construction, or to any waterways. c) Pull, cut off, or break off pilings to the requirements of the permit or other Contract Project No. Documents, whichever requires the deepest removal, but not less than 2 feet below the finish ground line. d) If Plans indicate channel excavation to be done by others, consider the finish ground line as the limits of such excavation. e) For materials which are to remain the property of the Department or are to be salvaged for use in temporary structures, avoid damage to such materials, and entirely remove all bolts, nails, etc. from timbers to be so salvaged. f) Mark structural steel members for identification as directed. 4. Removal of Existing Concrete Pavement. a. Remove and dispose of existing rigid portland cement concrete pavement, sidewalk, slope pavement, ditch pavement, curb, and curb and gutter etc., where shown in the plans or ordered by the Engineer to be removed or where required because of the construction operations. b. e. The work under Removal of Existing Concrete Pavement does not include the removal of retaining walls, drainage structures and flexible asphalt pavement. Landscape Areas: When certain areas of the right-of- way, outside of the limits of construction, are shown in the plans or designated by the Engineer to be landscaped, either under the construction Contract or at a later time, remove undesirable trees, stumps, undergrowth, and vegetation, as directed, and preserve and trim natural growth and trees as directed by the Engineer. Leveling Terrain: Within the areas between the limits of construction and the outer limits of clearing and grubbing, fill all holes and other depressions, and cut down all mounds and ridges. Make the area of a sufficient uniform contour so that the Department's subsequent mowing and cutting operations are not hindered by irregularity of terrain. Perform this work regardless of whether the irregularities were the result of construction operations or existed originally. Mailboxes: When the Contract Documents require furnishing and installing mailboxes, permit each owner to remove the existing mailbox. Work with the Local Postmaster to develop a method of temporary mail service for the period between removal and installation of the new mailboxes. Install the mailboxes in accordance with the Design Standards. C. Ownership of Materials. 1. Except as may be otherwise specified in the Contract Documents, the Contractor shall take ownership of all buildings, structures, appurtenances, and other materials removed by him and shall dispose of them in accordance with subarticle D below. D. Disposal of Materials. 1. General: Specifications Page 14 of 60 75 of 167 a. Dispose of all debris, timber, stumps, brush, roots, rubbish, and other waste material resulting from clearing and grubbing in areas and by methods meeting the applicable requirements of all Local, State and Federal regulations. 2. Disposal of Treated Wood: a. Treated wood, including that which comes from bridge channel fender systems, must be handled and disposed of properly during removal. b. Treated wood should not be cut or otherwise mechanically altered in a manner that would generate dust or particles without proper respiratory and dermal protection. c. Treated wood must be disposed of in at least a lined solid waste facility or through recycling/reuse. d. Treated wood shall not be disposed by burning or placement in a construction and demolition (C&D) debris landfill. e. All compensation for the cost of removal and disposal of treated wood will be included in the Cost of Removal of Existing Structures when an item for direct payment is provided in the Contract. If an item of direct payment is not provided in the Contract, the aforementioned cost is included in the cost for Clearing and Grubbing or among the other items of work in the Contract. 3. Hazardous Materials/Waste: a. General: 1) Handle, transport and dispose of hazardous materials in accordance with all Local, State and Federal requirements including the following: a) SSPC Guide 7 b) Federal Water Pollution Control Act, and c) Resource Conservation and Recovery Act (RCRA). 2) Accept responsibility for the collection, sampling, classification, packaging, labeling, accumulation time, storage, manifesting, transportation, treatment and disposal of hazardous waste, both solid and liquid. Separate all solid and liquid waste and collect all liquids used at hygiene stations and handle as hazardous materials/waste. Obtain written approval from the Engineer and required agencies for all hazardous materials/waste stabilization methods before implementation. 3) Obtain an EPA/FDEP Hazardous Waste Identification Number (EPA/FDEP ID Number) before transporting and/or disposal of any hazardous materials/waste. 4) List the Department as the generator of all hazardous materials/waste. 5) Submit the following for the Engineers' approval before transporting, treatment or disposal of any hazardous materials/waste: a) Name, address and qualifications of the transporter, Project No. b) Name, address and qualifications of the treatment facility, c) Proposed treatment and/or disposal of all Hazardous Materials/Waste. 6) Transport all hazardous materials/waste in accordance with applicable 40 CFR 263 Standards. Provide a copy of all completed Hazardous Materials/Waste manifest/bills of lading to the Engineer within 21 days of each shipment. b. Certification of Compliance: 1) Furnish two copies of Certification of Compliance from the firm actually removing and disposing of the hazardous materials/waste stipulating, the hazardous materials/waste has been handled, transported and disposed of in accordance with this Specification. 2) The Certification of Compliance shall be attested to by a person having legal authority to bind the company. c. Maintain all records required by this Specification and ensure they are available to the Department upon request. E. Method of Measurement. 1. Clearing and Grubbing: a. No Direct Payment Provided: When no item for direct payment of Clearing and Grubbing is provided by the Contract, the costs for performing all work and meeting the requirements of this Article will be included among the various scheduled items of the Contract. b. Direct Payment Provided: When direct payment for Clearing and Grubbing is provided in the Contract, the quantity to be paid for will be the lump sum quantity. 2. One or more of the following items may appear in a contract where no direct payment item for Clearing and Grubbing is provided. Only those items with an Awarded Unit Price will be considered for direct payment. All other work of Clearing and Grubbing is included among the various scheduled items of the Contract. a. Removal of Existing Structures: When a separate item for the Removal of Existing Structures is provided for direct payment in the Contract, the quantity to be paid for will be the lump sum quantity or actual quantities for the specific structures removed, as stipulated in the Contract Documents. b. Removal of Existing Concrete Pavement: When a separate item for Removal of Existing Concrete Pavement is provided for direct payment in the Contract, the quantity to be paid for will be the number of square yards of existing pavement of the types listed in subarticle B.5 herein, acceptably removed and disposed of, as specified. The quantity will be determined by actual measurement along the surface of the pavement before its removal. Measurements for appurtenances which have irregular surface configurations, such as curb and gutter, steps, and ditch pavement, will be the area as projected to an Specifications Page 15 of 60 76 of 167 approximate horizontal plane. Where the removal of pavement areas is necessary only for the construction of box culverts, pipe culverts, storm sewers, french drains, inlets, manholes, etc., these areas will not be included in the measurements. c. Removal of Trees: When separate items for the Removal of Trees are provided for direct payment in the Contract, trees that are greater than 6 inches in diameter, will be paid on a per each basis by actual count by the Engineer of such trees under the appropriate item provided in the Contract. The diameter of a tree shall be obtained by measuring its circumference at 4.5 feet above the ground using a flexible tape measure and dividing the circumference by 3.14. If the tree is growing on a slope, the circumference is measured at 4.5 feet from the center of the slope. If the tree begins to branch below 4.5 feet, measure at the smallest circumference below the first branch. d. Mailboxes: When a separate item is provided in the Contract for furnishing and installing mailboxes, the quantity to be paid for will be the number of mailboxes acceptably furnished and installed. e. Delivery of Salvageable Material to the Department: When a separate item is provided in the Contract for the delivery of salvageable material to the Department, the quantity to be paid for will be the Lump Sum quantity for delivery of salvageable materials to the Department as indicated in the Plans or as directed by the Engineer. F. Basis of Payment. 1. Clearing and Grubbing: a. No Direct Payment Provided: When direct payment for Clearing and Grubbing is not provided in the Contract, the cost of any work of clearing and grubbing necessary for the proper construction of the Project and meeting all requirements of this Article, is included in the Contract price for the structure or other item of work for which such clearing and grubbing is required. b. Direct Payment Provided: 1) Price and payment will be full compensation for all clearing and grubbing indicated or required for the construction of the entire Project, including all necessary hauling, furnishing equipment, equipment operation, furnishing any areas required for disposal of debris, leveling of terrain and the landscaping work of trimming, etc., as specified herein, except for any areas designated to be paid for separately or to be specifically included in the costs of other work under the Contract. 2) Unless otherwise provided by the Contract, price and payment will be full compensation for all work required by this Article including Removal of Existing Structures, Removal of Existing Concrete Pavement, Removal of Trees, Plugging of Water Wells, Mailboxes, and Delivery of Salvageable Material to the Department. 3) Where construction easements are specified in the Plans and the limits of clearing and grubbing for Project No. such easements are dependent upon the final construction requirements, no adjustment will be made in the lump sum price and payment, either over or under, for variations from the limits of the easement defined on the Plans. c. The Contractor shall include the cost of all clearing and grubbing which might be necessary in pits or areas from which base material is obtained in the Contract price for the base in which such material is used. d. The clearing and grubbing of areas for obtaining stabilizing materials, where required only for the purpose of obtaining materials for stabilizing, will not be paid for separately. 2. Removal of Existing Structures: a. Price and payment will be full compensation for all work of removal and disposal of the designated structures. b. When direct payment for the removal of existing structures is not provided in the Contract, the cost of removing all structures is included in the Contract price for Clearing and Grubbing or, if no item of Clearing and Grubbing is included, in the compensation for the other items covering the new structure being constructed. 3. Removal of Existing Concrete Pavement: a. Price and payment will be full compensation for performing and completing all the work of removal and satisfactory disposal including any saw cutting required. b. When direct payment for the removal of existing concrete pavement is not provided in the Contract and no applicable item of excavation or embankment covering such work is included in the Contract, the Contractor shall include the costs of this work in the Contract price for the item of Clearing and Grubbing or, if no item of Clearing and Grubbing is included in the Contract, in any work, pipe or other structure for which the concrete pavement removal is required. 4. Removal of Trees: a. Price and payment will be full compensation for complete removal and disposal of each tree counted by the Engineer pursuant to these specifications. b. When direct payment for the removal of trees is not provided in the Contract, the cost of removing all trees is included in the Contract price for Clearing and Grubbing or, if no item of Clearing and Grubbing is included in the Contract, in the compensation for all other items in the Contract. 5. Mailboxes: a. Price and payment will be full compensation for all work and materials required, including supports and numbers. b. When direct payment for mailboxes is not provided in the Contract, the cost for all work and materials required, including supports and numbers, is included in the Contract price for Clearing and Grubbing or, if no item of Clearing and Grubbing is included in the Contract, in the compensation for all other items in the Contract. 6. Delivery of Salvageable Material to the Department: a. Price and payment will be full compensation for all work required for delivery of the materials to the Department. b. When the Contract does not provide direct payment for the Delivery of Salvageable Material that is to be delivered to the County, the cost of Delivery of Salvageable Material is included in the Contract price for Clearing and Grubbing or, where no item for Clearing and Grubbing is included in the Contract, in the compensation for all other items in the Contract. 7. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. 120 EARTHWORK AND RELATED OPERATIONS A. Description. 1. General: a. Earthwork and Related Operations consists of excavation for the construction of the roadway, excavation for structures and pipe, constructing backfill around structures and pipe, and constructing embankments as required for the roadway, ditches, and channel changes. b. Perform Earthwork and Related Operations based on the type of work specified in the Contract Documents. c. Meet the applicable requirements for materials, equipment and construction as specified in the Contract Documents. B. Classes of Excavation. Specifications Page 16 of 60 77 of 167 1. Excavation of Unsuitable Material: Excavation of unsuitable material consists of the removal of muck, clay, rock or any other material that is unsuitable in its original position and that is excavated below the finished grading template. For stabilized bases and sand bituminous road mixes, the finished grading template is the top of the finished base, shoulders and slopes. For all other bases and rigid pavement, the finished grading template is the finished shoulder and slope lines and bottom of completed base or rigid pavement. 2. Lateral Ditch Excavation: Lateral Ditch Excavation consists of all excavation of inlet and outlet ditches to structures and roadway, changes in channels of streams, and ditches parallel to the roadway right-of- way. 3. Excavation for Structures and Pipe: Excavation for Structures consists of the excavation for bridge foundations, box culverts, pipe culverts, storm sewers and all other pipe lines, retaining walls, headwalls for Project No. pipe culverts and drains, catch basins, drop inlets, manholes, and similar structures. C. Excavation Requirements. 1. Excavation and Replacement of Unsuitable Materials: Where rock, muck, clay, or other material within the limits of the roadway is unsuitable in its original position, excavate such material to the cross -sections shown in the Plans or indicated by the Engineer, and backfill with suitable material. Shape backfill materials to the required cross -sections. Where the removal of plastic soils below the finished earthwork grade is required, meet a construction tolerance of t 0.2 foot in depth and t 6 inches (each side) in width. 2. Lateral Ditch Excavation: Excavate inlet and outlet ditches to structures and roadway, changes in channels of streams and ditches parallel to the roadway. Dress lateral ditches to the grade and cross-section shown in the Plans. 3. Channel Excavation: Excavate and dispose of all materials from the limits of the channel as shown in the Plans. Excavate for bridge foundations, box culverts, pipe culverts, storm sewers and all other pipe lines, retaining walls, headwalls for pipe culverts and drains, catch basins, drop inlets, manholes, and similar structures. 4. Excavation for Structures and Pipe. a. General: Excavate foundation pits to permit the placing of the full widths and lengths of footings shown in the Plans, with full horizontal beds. Do not round or undercut corners or edges of footings. Perform all excavation to foundation materials, satisfactory to the Engineer, regardless of the elevation shown on the Plans. Perform all excavation in stream beds to a depth at least 4 feet below the permanent bed of the stream, unless a firm footing can be established on solid rock before such depth is reached, and excavate to such additional depth as may be necessary to eliminate any danger of undermining. Wherever rock bottom is secured, excavate in such manner as to allow the solid rock to be exposed and prepared in horizontal beds for receiving the masonry. Remove all loose and disintegrated rock or thin strata. Have the Engineer inspect and approve all foundation excavations prior to placing masonry. b. Earth Excavation: 1) Foundation Material other than the Rock: When masonry is to rest on an excavated surface other than rock, take special care to avoid disturbing the bottom of the excavation, and do not remove the final foundation material to grade until just before placing the masonry. In case the foundation material is soft or mucky, the Engineer may require excavation to a greater depth and to backfill to grade with approved material. 3) Removal of Obstructions: Remove boulders, logs, or any unforeseen obstacles encountered in excavating. c. Rock Excavation: Clean all rock and other hard foundation material, remove all loose material, and cut all rock to a firm surface. Either level, step vertically and horizontally, or serrate the rock, as may be directed by the Engineer. Clean out all seams, and fill them with concrete or mortar. d. Pipe Trench Excavation: 1) Excavate trenches for pipe culverts and storm sewers to the elevation of the bottom of the pipe and to a width sufficient to provide adequate working room. Remove soil not meeting the classification specified herein for suitable backfill material for backfilling around pipe to a depth of 4 inches below the bottom of the pipe elevation. Remove rock, boulders or other hard lumpy or unyielding material to a depth of 12 inches below the bottom of the pipe elevation. Remove muck or other soft material to a depth necessary to establish a firm foundation. Where the soils permit, ensure that the trench sides are vertical up to at least the mid -point of the pipe. 2) For pipe lines placed above the natural ground line, place and compact the embankment, prior to excavation of the trench, to an elevation at least 2 feet above the top of the pipe and to a width equal to four pipe diameters, and then excavate the trench to the required grade. D. Disposal of Surplus and Unsuitable Material. 1. Ownership of Excavated Materials: Dispose of surplus and excavated materials as shown in the Plans or, if the Plans do not indicate the method of disposal, take ownership of the materials and dispose of them in an authorized and lawful manner. Disposal of Muck on Side Slopes: As an exception to the provisions herein for Ownership of Excavated Materials, when approved by the Engineer, muck (A-8 material) may be placed on the slopes, or stored alongside the roadway, provided there is a clear distance of at least 6 feet between the roadway grading limits and the muck, and the muck is dressed to present a neat appearance. In addition, this material may also be disposed of by placing it on the slopes where, in the opinion of the Engineer, this will result in an aesthetically pleasing appearance and will have no detrimental effect on the adjacent developments. Where the Engineer permits the disposal of muck or other unsuitable material inside the right-of-way limits, do not place such material in a manner which will impede the inflow or outfall of any channel or of side ditches. The Engineer will determine the limits adjacent to channels within which such materials may be disposed. 2) Foundation Piles: Where foundation piles are 3. Disposal of Paving Materials: Unless otherwise noted, used, complete the excavation of each pit before take ownership of paving materials, such as paving driving the piles. After the driving is completed, brick, asphalt block, concrete slab, sidewalk, curb and remove all loose and displaced material, leaving a gutter, etc., excavated in the removal of existing smooth, solid, and level bed to receive the pavements, and dispose of them outside the right -of - masonry. way. If the materials are to remain the property of the Specifications Page 17 of 60 78 of 167 Project No. Agency, place them in neat piles as directed. Existing limerock base that is removed may be incorporated in the stabilized portion of the subgrade. If the construction sequence will allow, incorporate all existing limerock base into the project as allowed by the Contract Documents. 4. Disposal Areas: a. Where the Contract Documents require disposal of excavated materials outside the right-of-way, and the disposal area is not indicated in the Contract Documents, furnish the disposal area without additional compensation. E. Materials for Embankment. 1. General Requirements for Embankment Materials: a. Construct embankments using suitable materials excavated from the roadway or delivered to the jobsite from authorized borrow pits. b. Construct the embankment using maximum particle sizes (in any dimension) as follows: 1) In top 12 inches: 3 1/2 inches (in any dimension). 2) 12 to 24 inches: 6 inches (in any dimension). 3) In the depth below 24 inches: not to exceed 12 inches (in any dimension) or the compacted thickness of the layer being placed, whichever is less. 1) Provide and maintain, at no expense to the County, all necessary roads for hauling the borrow material. Where borrow area haul roads or trails are used by others, do not cause such roads or trails to deteriorate in condition. 2) Arrange for the use of all non-public haul routes crossing the property of any railroad. Incur any expense for the use of such haul routes. Establish haul routes which will direct construction vehicles away from developed areas when feasible, and keep noise from hauling operations to a minimum. Advise the Engineer in writing of all proposed haul routes. b. Borrow Material for Shoulder Build-up: When so indicated in the Plans, furnish borrow material with a specific minimum bearing value, for building up of existing shoulders. Blend materials as necessary to achieve this specified minimum bearing value prior to placing the materials on the shoulders. Take samples of this borrow material at the pit or blended stockpile. 4. Materials Used at Pipes, Culverts, etc.: Construct embankments over and around pipes, culverts, and bridge foundations with selected materials. F. Embankment Construction. 1. General: Construct embankments in sections of not less than 300 feet in length or for the full length of the embankment. c. Spread all material so that the larger particles are 2. Dry Fill Method: separated from each other to minimize voids between a. General: them during compaction. Compact around these rocks in accordance with the requirements herein for 1) Construct embankments to meet the requirements Compaction of Embankments. of subarticle G (Compaction Requirements) and in d. When and where approved by the Engineer, larger accordance with the Acceptance Program rocks (not to exceed 18 inches in any dimension) may requirements herein. Restrict the compacted be placed outside the one to two slope and at least 4 thickness of the last embankment lift to 6 inches feet or more below the bottom of the base. Compact maximum. around these rocks to a firmness equal to that of the 2) As far as practicable, distribute traffic over the supporting soil. Where constructing embankments work during the construction of embankments so adjacent to bridge end bents or abutments, do not as to cover the maximum area of the surface of place rock larger than 3 1/2 inches in diameter within 3 each layer. feet of the location of any end -bent piling. 3) Construct embankment in the dry whenever 2. Use of Materials Excavated From the Roadway and normal dewatering equipment and methods can Appurtenances: Assume responsibility for determining accomplish the needed dewatering. the suitability of excavated material for use on the project in accordance with the applicable Contract a) For A-3 and A-2-4 Materials with up to 15% Documents. Consider the sequence of work and fines: Construct the embankment in successive maintenance of traffic phasing in the determination of layers with lifts up to a maximum compacted the availability of this material. thickness of 12 inches. Ensure the percentage of fines passing the No. 200 US Standard sieve 3. Authorization for Use of Borrow: Use borrow only when in the A 2 4 material does not exceed 15%. sufficient quantities of suitable material are not available b) For A-1 Plastic materials (As designated in from roadway and drainage excavation, to properly FDOT Design Standard Index 505) and A-2-4 construct the embankment, subgrade, and shoulders, Materials with greater than 15 /o fines: Construct and to complete the backfiiling of structures and pipe. the embankment in successive layers with lifts Do not use borrow material until authorized by the up to a maximum compacted thickness of 6 Engineer, and then only use material from approved inches. borrow pits. c) Equipment and Methods: Provide normal a. Haul Routes for Borrow Pits: dewatering equipment including, but not limited to, surface pumps, sump pumps and Specifications Project No. Page 18 of 60 79 of 167 trenching/digging machinery. Provide normal dewatering methods including, but not limited to, constructing shallow surface drainage trenches/ditches, using sand blankets, sumps and siphons. 4) When normal dewatering does not adequately remove the water, the Engineer may require the embankment material to be placed in the water or in low swampy ground in accordance with the requirements herein for Compaction Where Plastic Material Has Been Removed. b. Placing in Unstable Areas: Where depositing the material in water, or in low swampy ground that will not support the weight of hauling equipment, construct the embankment by dumping successive loads in a uniformly distributed layer of a thickness not greater than necessary to support the hauling equipment while placing subsequent layers. Once sufficient material has been placed so that the hauling equipment can be supported, construct the remaining portion of the embankment in layers in accordance with the applicable provisions herein for Compaction Where Plastic Material Has Been Removed and for Compaction of Grassed Shoulder Areas. c. Placing on Steep Slopes: When constructing an embankment on a hillside sloping more than 20 degrees from the horizontal, before starting the fill, deeply plow or cut into steps the surface of the original ground on which the embankment is to be placed. Placing Outside Standard Minimum Slope: Where material that is unsuitable for normal embankment construction is to be used in the embankment outside the standard minimum slope (approximately one to two), place such material in layers of not more than 18 inches in thickness, measured loose. The Contractor may also place material which is suitable for normal embankment, outside such standard minimum slope, in 18 inch layers. Maintain a constant thickness for suitable material placed within and outside the standard minimum slope, unless placing in a separate operation. 3. Hydraulic Method: a. Method of Placing: When the hydraulic method is used, as far as practicable, place all dredged material in its final position in the embankment by such method. Place and compact any dredged material that is rehandled, or moved and placed in its final position by any other method, as specified herein for Compaction of Embankments. The Contractor may use baffles or any form of construction he may select, provided the slopes of the embankments are not steeper than indicated in the Plans. Remove all timber used for temporary bulkheads or baffles from the embankment, and fill and thoroughly compact the holes thus formed. When placing fill on submerged land, construct dikes prior to beginning of dredging, and maintain the dikes throughout the dredging operation. b. Excess Material: Do not use excess material placed outside the prescribed slopes, below the normal high - Specifications Page 19 of 60 80 of 167 water level, to raise the fill. Remove only the portion of this material required for dressing the slopes. c. Protection of Openings in Embankment: Leave openings in the embankments at the bridge sites. Remove any material which invades these openings or existing channels without additional compensation to provide the same depth of channel as existed before the construction of the embankment. Do not excavate or dredge any material within 200 feet of the toe of the proposed embankment. G. Compaction Requirements. 1. Moisture Content: Compact the materials at a moisture content such that the specified density can be attained. If necessary to attain the specified density, add water to the material, or lower the moisture content by manipulating the material or allowing it to dry, as is appropriate. 2. Compaction of Embankments: a. Density requirements for earthwork and related operations associated with the construction of sidewalks and bike paths along with any drainage structures associated with these facilities; and for earthwork and related operations associated with the construction of turn lanes and other non -mainline traffic lanes, widening, roadway shoulders, concrete box culverts, retaining walls, and other drainage structures on the non -mainline pavement: 1) Reduce the minimum required density from 100% to 95% of AASHTO T99 Method C for all earthwork items requiring densities. b. Density Requirements for earthwork and related operations associated with the construction of new mainline pavement, along with concrete box culverts, retaining walls, and other drainage structures on the mainline pavement: 1) Except for embankments constructed by the hydraulic method as specified herein, and for the material placed outside the standard minimum slope as specified herein for Placing Outside Standard Minimum Slope, and for other areas specifically excluded herein, compact each layer of the material used in the formation of embankments to a density of at least 100% of the maximum density as required by AASHTO T 99, Method C. 2) Uniformly compact each layer using equipment that will achieve the required density, and as compaction operations progress, shape and manipulate each layer as necessary to ensure uniform density throughout the embankment. c. Compaction Over Unstable Foundations: Where the embankment material is deposited in water or on low swampy ground, and in a layer thicker than 12 inches (as provided herein under the requirements for Placing in Unstable Areas), compact the top 6 inches (compacted thickness) of such layer to the density as specified in the Acceptance Criteria herein. d. Compaction Where Plastic Material Has Been Removed: Where unsuitable material is removed and the remaining surface is of the A 4, A 5, A 6, or A 7 Project No. Soil Groups, as determined by the Engineer, compact the surface of the excavated area by rolling with a sheepsfoot roller exerting a compression of at least 250 psi on the tamper feet, for the full width of the roadbed (subgrade and shoulders). Perform rolling before beginning any backfill, and continue until the roller feet do not penetrate the surface more than 1 inch. Do not perform such rolling where the remaining surface is below the normal water table and covered with water. Vary the procedure and equipment required for this operation at the discretion of the Engineer. e. Compaction of Material To Be Used In Base, Pavement, or Stabilized Areas: Do not compact embankment material which will be incorporated into a pavement, base course, or stabilized subgrade, to be constructed as a part of the same Contract. f. Compaction of Grassed Shoulder Areas: For the upper 6 inch layer of all shoulders which are to be grassed, since no specific density is required, compact only to the extent directed. g. Compaction of Grassed Embankment Areas: For the outer layer of all embankments where plant growth will be established, do not compact. Leave this layer in a loose condition to a minimum depth of 6 inches for the subsequent seeding or planting operations. 3. Compaction of Subgrade: a. If the Plans do not provide for stabilizing, compact the subgrade in both cuts and fills to the density specified in the Acceptance Criteria herein. For undisturbed soils, do not apply density requirements where constructing narrow widening strips or paved shoulders 5 feet or less in width. b. Where trenches for widening strips are not of sufficient width to permit the use of standard compaction equipment, perform compaction using vibratory rollers, trench rollers, or other type compaction equipment approved by the Engineer. c. Maintain the required density until the base or pavement is placed on the subgrade. H. Backfilling Around Structures and Pipe. 1. Backfill Materials: a. Backfill to the original ground surface or subgrade surface of openings made for structures, with a sufficient allowance for settlement. The Engineer may require that the material used for this backfill be obtained from a source entirely apart from the structure. b. Do not allow heavy construction equipment to cross over culvert or storm sewer pipes until placing and compacting backfill material to the finished earthwork grade or to an elevation at least 4 feet above the crown of the pipe. c. Use of A-7 Material: In the backfilling of trenches, A 7 material may be used from a point 12 inches above the top of the pipe up to the elevation shown on the FDOT Design Standards as the elevation for undercutting of A 7 material. Specifications Page 20 of 60 81 of 167 Time of Placing Backfill: Do not place backfill against any masonry or concrete abutment, wingwall, or culvert until the Engineer has given permission to do so, and in no case until the masonry or concrete has been in place seven days or until the specified 28 day compressive strength occurs. e. Placement and Compaction: 1) Place the material in horizontal layers not exceeding 6 inches compacted thickness, in depth above water level, behind abutments, wingwalls and end bents or end rest piers, and around box culverts and all structures including pipe culverts. When the backfill material is deposited in water, compact per the requirements herein for Compaction Under Wet Conditions and Backfill Under Wet Conditions. 2) The Contractor may elect to place material in thicker lifts of no more than 12 inches compacted thickness outside the soil envelope if he can demonstrate with a successful test section that density can be achieved. Notify the Engineer prior to beginning construction of a test section. Construct a test section of 500 feet in length. Perform five tests at random locations within the test section. All five tests must meet the density required by the Compaction of Embankments specified herein. Identify the test section with the compaction effort and soil classification in the Agency Logbook. In case of a change in compaction effort or soil classification, construct a new test section. When a test fails the Compaction Requirements specified herein, construct a new test section. The Contractor may elect to place material in 6 inches compacted thickness at any time. 2. Additional Requirements for Structures Other than Pipe: a. Density: Where the backfill material is deposited in water, obtain a 12 inch layer of comparatively dry material, thoroughly compacted by tamping, before verifying the layer and density requirements. Meet the requirements of the density Acceptance Criteria. b. Box Culverts: For box culverts over which pavement is to be constructed, compact around the structure to an elevation not less than 12 inches above the top of the structure, using rapid -striking mechanical tampers. c. Other Limited Areas: Compact in other limited areas using mechanical tampers or approved hand tampers, until the cover over the structure is at least 12 inches thick. When hand tampers are used, deposit the materials in layers not more than 4 inches thick using hand tampers suitable for this purpose with a face area of not more than 100 in2. Take special precautions to prevent any wedging action against the masonry, and step or terrace the slope bounding the excavation for abutments and wingwalls if required by the Engineer. d. Culverts and Piers: Backfill around culverts and piers on both sides simultaneously to approximately the same elevation. e. Compaction Under Wet Conditions: Where wet conditions do not permit the use of mechanical tampers, compact using hand tampers. Use only A 3 Project No. material for the hand tamped portions of the backfill. When the backfill has reached an elevation and condition such as to make the use of the mechanical tampers practical, perform mechanical tamping in such manner and to such extent as to transfer the compaction force into the sections previously tamped by hand. 3. Additional Requirements for Pipe 15 Inches Inside Diameter or Greater: a. General: Trenches for pipe may have up to four zones that must be backfilled. 1) Lowest Zone: The lowest zone is backfilled for deep undercuts up to within 4 inches of the bottom of the pipe. 2) Bedding Zone: The zone above the Lowest Zone is the Bedding Zone. Usually it will be the backfill which is the 4 inches of soil below the bottom of the pipe. When rock or other hard material has been removed to place the pipe, the Bedding Zone will be the 12 inches of soil below the bottom of the pipe. 3) Cover Zone: The next zone is backfill that is placed after the pipe has been laid and will be called the Cover Zone. This zone extends to 12 inches above the top of the pipe. The Cover Zone and the Bedding Zone are considered the Soil Envelope for the pipe. 4) Top Zone: The Top Zone extends from 12 inches above the top of the pipe to the base or final grade. b. Material: 1) Lowest Zone: Backfill areas undercut below the Bedding Zone of a pipe with coarse sand, or other suitable granular material, obtained from the grading operations on the project, or a commercial material if no suitable material is available. 2) Soil Envelope: In both the Bedding Zone and the Cover Zone of the pipe, backfill with materials classified as A 1, A 2, or A 3. Material classified as A-4 may be used if the pipe is concrete pipe. 3) Top Zone: Backfill the area of the trench above the soil envelope of the pipe with materials allowed on Design Standard, Index No. 505. c. Compaction: 1) Lowest Zone: Compact the soil in the Lowest Zone to approximately match the density of the soil in which the trench was cut. 2) Bedding Zone: a) If the trench was not undercut below the bottom of the pipe, loosen the soil in the bottom of the trench immediately below the approximate middle third of the outside diameter of the pipe. b) If the trench was undercut, place the bedding material and leave it in a loose condition below the middle third of the outside diameter of the pipe. Compact the outer portions to meet the density requirements of the Acceptance Criteria. Specifications Page 21 of 60 82 of 167 Place the material in lifts no greater than 6 inches (compacted thickness). 3) Cover Zone: Place the material in 6 inches layers (compacted thickness), evenly deposited on both sides of the pipe, and compact with mechanical tampers suitable for this purpose. Hand tamp material below the pipe haunch that cannot be reached by mechanical tampers. Meet the requirements of the density Acceptance Criteria. 4) Top Zone: Place the material in layers not to exceed 12 inches in compacted thickness. Meet the requirements of the density Acceptance Criteria. 5) Backfill Under Wet Conditions: a) Where wet conditions are such that dewatering by normal pumping methods would not be effective, the procedure outlined below may be used when specifically authorized by the Engineer in writing. b) Granular material may be used below the elevation at which mechanical tampers would be effective, but only material classified as A 3. Place and compact the material using timbers or hand tampers until the backfill reaches an elevation such that its moisture content will permit the use of mechanical tampers. When the backfill has reached such elevation, use normally acceptable backfill material. Compact the material using mechanical tampers in such manner and to such extent as to transfer the compacting force into the material previously tamped by hand. I. Acceptance Program. 1. Density over 105%: When a computed dry density results in a value greater than 105% of the applicable Proctor maximum dry density, perform a second density test within 5 feet. If the second density results in a value greater than 105%, investigate the compaction methods, examine the applicable Maximum Density and material description. If necessary, test an additional sample for acceptance in accordance with AASHTO T 99, Method C. 2. Maximum Density Determination: Determine the maximum density and optimum moisture content by sampling and testing the material in accordance with the specified test method listed below for Density Testing Requirements. 3. Density Testing Requirements: Ensure compliance, with the requirements of the Acceptance Criteria herein, by Nuclear Density testing in accordance with FDOT Florida Method FM 1 T 238. Determine the in -place moisture content for each density test. Use Florida Method FM 1 T 238, FM 5 507 (Determination of Moisture Content by Means of a Calcium Carbide Gas Pressure Moisture Tester), or ASTM D 4643 (Laboratory Determination of Moisture Content of Granular Soils By Use of a Microwave Oven) for moisture determination. 4. Soil Classification: Perform soil classification tests in accordance with AASHTO T 88. Classify soils in Project No. accordance with AASHTO M-145 in order to determine compliance with embankment utilization requirements. 5. Acceptance Criteria: Obtain a minimum density in accordance with the requirements herein for Compaction of Embankments with the following exceptions: a. Embankment constructed by the Hydraulic Method as specified herein; b. Material placed outside the standard minimum slope as specified in the requirements herein for Placing Outside Standard Minimum Slope; c. Other areas specifically excluded herein. 6. Frequency: Conduct sampling and testing at a minimum frequency listed in the table below. Test Name Frequency Maximum Density One per soil type Density 1 per 500' RDWY (Alt Lift) Soil Classification One per Maximum Density Maintenance and Protection of Work. 1. While construction is in progress, maintain adequate drainage for the roadbed at all times. Maintain a shoulder at least 3 feet wide adjacent to all pavement or base construction in order to provide support for the edges. 2. Maintain and protect all earthwork construction throughout the life of the Contract, and take all reasonable precautions to prevent loss of material from the roadway due to the action of wind or water. Repair any slides, washouts, settlement, subsidence, or other mishap which may occur prior to final acceptance of the work. Maintain all channels excavated as a part of the Contract work against natural shoaling or other encroachments to the lines, grades, and cross -sections shown in the Plans, until final acceptance of the Project. K Construction. 1. Construction Tolerances: a. Shape the surface of the earthwork to conform to the lines, grades, and cross -sections shown in the Plans. In final shaping of the surface of earthwork, maintain a tolerance of 0.3 foot above or below the plan cross- section with the following exceptions: 1) Shape the surface of shoulders to within 0.1 foot of the plan cross-section. 2) Shape the earthwork to match adjacent pavement, curb, sidewalk, structures, etc. 3) Shape the bottom of ditches so that the ditch impounds no water. 4) When the work does not include construction of base or pavement, shape the entire roadbed (shoulder point to shoulder point) to within 0.1 foot above or below the plan cross-section. b. Ensure that the shoulder lines do not vary horizontally more than 0.3 foot from the true lines shown in the Plans. 2. Operations Adjacent to Pavement: a. Carefully dress areas adjacent to pavement areas to avoid damage to such pavement. b. Complete grassing of shoulder areas prior to placing the final wearing course. Do not manipulate any embankment material on a pavement surface. c. When shoulder dressing is underway adjacent to a pavement lane being used to maintain traffic, exercise extreme care to avoid interference with the safe movement of traffic. L. Method of Measurement. 1. Excavation: Excavation will be paid for by volume, in cubic yards, calculated by the method of average end areas, unless the Engineer determines that another method of calculation will provide a more accurate result. The material will be measured in its original position by field survey or by photogrammetric means as designated by the Engineer. Measurement for payment will include the excavation of unsuitable material, lateral ditch excavation, channel excavation, and excavation for structures and pipe. Payment will not be made for excavation or embankment beyond the limits shown in the Plans or authorized by the Engineer. Embankment: Embankment will be paid for by volume, in cubic yards, calculated by the method of average end areas, unless the Engineer determines that another method of calculation will provide a more accurate result. The material will be measured in its original position by field survey or by photogrammetric means as designated by the Engineer. Payment will not be made for embankment beyond the limits shown in the Plans or authorized by the Engineer. M. Basis of Payment. Specifications Page 22 of 60 83 of 167 1. When No Direct Payment is Provided: a. When no item for Excavation or Embankment is included in the list of Contract Unit Prices, the cost of any excavation or embankment necessary for the proper construction of the Project is included in the Contract Prices for the work requiring excavation or embankment. b. Where the Work includes structures including pipe culvert and french drain, all earthwork costs for the installation of these items are included in their associated Contract Price. 2. When Direct Payment for Excavation or Embankment is Provided in the Contract: a. Prices and payments for the work items included in this Section will be full compensation for all work described herein, including excavating, dredging, hauling, placing, and compacting; dressing the surface of the earthwork; and maintaining and protecting the complete earthwork. b. Excavation: Project No. 1) The total quantity of all excavation specified under this Section will be paid for at the Contract unit price for Excavation. 2) No payment will be made for the excavation of any materials which are used for purposes other than those shown in the Plans or designated by the Engineer. 3) No payment will be made for materials excavated outside the lines and grades given by the Engineer, unless specifically authorized by the Engineer. c. Embankment: 1) The total quantity of embankment specified in this Section will be paid for at the Contract unit price for embankment. 2) No payment will be made for materials which are used for purposes other than those shown in the Plans or designated by the Engineer. 3) No payment will be made for materials placed outside the lines and grades given by the Engineer. 3. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. 121 FLOWABLE FILL A. Description. 1. When approved by the Engineer, furnish and place Flowable Fill per FDOT Design Standard Index 307, as an alternative to compacted soil, where compaction cannot be achieved through normal mechanical methods. Applications for this material include beddings, encasements, closures for tanks, pipes, general backfill for trenches, and other uses specified in the Plans. B. Materials. 1. Meet the following requirements: Fine Aggregate* Section 902 Portland Cement (Types I, II, or III) Section 921 Water Section 923 Air Entraining Admixtures** Section 924 Fly Ash, Slag and other Pozzolanic Section 929 Materials *Any clean fine aggregate with 100% passing a 3/8 inch mesh sieve and not more than 15% passing a No. 200 sieve may be used. **High air generators or foaming agents may be used in lieu of conventional air entraining admixtures and may be added at 'obsite and mixed in accordance with manufacturer's recommendation. C. Mix Design. Specifications Page 23 of 60 84 of 167 1. Flowable Fill is a mixture of portland cement, fly ash, fine aggregate, air entraining admixture and water. Flowable fill contains a low cementitious content for reduced strength development. 2. Submit mix designs to the Engineer for approval. The following are suggested mix guides for excavatable and non-excavatable flowable fill: Excavatable Non-Excavatable Cement 75-1001b/yd3 75-1501b/yd3 Type 1 Fly Ash None 150-600 Ib/yd3 Water Air** 5-35% 5-15% 28 Day Maximum 100 Minimum 125 psi** Compressive psi Strength** Unit Weight 90-110 Ib/ft3 100-125 Ib/ft3 (Wet)*** Fine Aggregate shall be proportioned to yield 1 yd3. *Mix designs shall produce a consistency that will result in a flowable self -leveling product at time of placement. '*Minimum 300 psi where approved by the Engineer for use above pipe culverts having less than two feet of cover measured to top of rock base. *'*The requirements for percent air, compressive strength and unit weight are for laboratory designs only and are not intended for jobsite acceptance requirements. D. Production and Placing. 1. Use flowable fill manufactured at a production facility that meets the requirements of FDOT 347-3. 2. Deliver flowable fill using concrete construction equipment. Revolution counter are waived. Place flowable fill by chute, pumping or other methods approved by the Engineer. Tremie flowable fill through water. E. Construction Requirements. 1. Use straps, soil anchors or other approved means of restraint to ensure correct alignment when flowable fill is used as backfill for pipe or where flotation or misalignment may occur. 2. Place flowable fill to the designated fill line without vibration or other means of compaction. Do not place flowable fill during inclement weather, e.g. rain or Project No. ambient temperatures below 40°F. Protect flowable fill from freezing for a period of 36 hours after placement. 3. Take all necessary precautions to prevent any damages caused by the hydraulic pressure of the fill during placement prior to hardening. Provide the means to confine the material within the designated space. Acceptance. 1. Acceptance of flowable fill will be based on the following documentation and a minimum temperature of flowable fill at the point of delivery of 50°F. 2. Furnish a delivery ticket to the Engineer for each load of flowable fill delivered to the worksite. Ensure that each ticket contains the following information: a. Project designation, b. Date, c. Time, d. Class and quantity of flowable fill, e. Actual batch proportions, f. Free moisture content of aggregates, g. Quantity of water withheld. 3. Leave the fill undisturbed until the material obtains sufficient strength. Sufficient strength, unless otherwise required by the Engineer, is 35 psi penetration resistance as measured using a hand held penetrometer in accordance with ASTM C403. Provide a hand held penetrometer to measure the penetration resistance of the hardened flowable fill. G. Method of Measurement 1. Flowable fill will be measured for payment in cubic yards in place, as accepted by the Engineer, when shown as a pay item in the Contract. When flowable fill is not shown as a pay item, include the cost of the work in the bid price for the appropriate item. H. Basis of Payment. 1. When the item of flowable fill is included in the Contract, payment will be made at the Contract unit price per cubic yard. Such price and payment will include all cost of the mixture, in place and accepted, determined as specified above. No measurement and payment will be made for material placed outside the neat line limits or outside the adjusted limits, or for unused or wasted material. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. 160 TYPE "B" STABILIZATION (SECTION 160) A. Page 188, Section 160 - Stabilizing: Delete the words "bearing value" or "Limerock Bearing Ratio Method" where they occur throughout this section and substitute the words "California Bearing Ratio." 1. Delete all contrary references to density requirements and substitute with the following: a. Compaction - The density requirements for all embankment and subgrade involved in this Section shall be a minimum ninety five (95) percent for non - roadway areas and ninety eight (98) percent for roadway areas, of maximum density as determined by AASHTO T-180. 2. Delete all mention of Bearing Value requirements entirely and substitute with the following: a. California Bearing Ratio Requirements: Suitability of the soil to be compacted shall be determined by the California Bearing Ratio Test as outlined in ASTM D 1883-87. Tests shall be made on each separate course, generally before the materials have been compacted. Any areas where the materials have a C.B.R. value of less than thirty (30) at ninety five (95) percent of the maximum density as determined by AASHTO T-180 'shall be stabilized (or further stabilized) as specified herein. B. Page 189, Subarticle 160-4.1- Commercial and Local Materials — Add the following: 1. Except that the limerock used for stabilization shall have a minimum of at least fifty (50) percent carbonates of calcium and magnesium. C. Page 192, Subarticle 160-7.2.1.2- Undertolerances In...; is deleted in its entirety and replaced with the following: 1. There shall be no undertolerances in the C.B.R. permitted. D. Page 195, Article 160-9- Basis of Payment; Is deleted in its entirety and replaced with the following: 1. Payment for stabilizing including all labor and materials shall be made at the Contract Unit Price Bid as indicated in the Bid Form of the Proposal. 2. Such price and payments shall constitute full compensation for all work specified in this Section for Type "B" Stabilization, including furnishing, spreading and mixing of all stabilizing material required and any reprocessing of stabilization areas necessary to attain the specified bearing value. E. Basis of Payment. 1. When the item of Type "B" Stabilization is included in the Contract, payment will be made at the Contract unit price per square yard. Such price and payment will include all cost of the mixture, in place and accepted, determined as specified above. No measurement and payment will be made for material placed outside the Specifications Project No. Page 24 of 60 85 of 167 neat line limits or outside the adjusted limits, or for unused or wasted material. 2. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. Specifications Project No. Page 25 of 60 86 of 167 DIVISION 200 BASE COURSE 285 LIMEROCK BASE (REV. 08-23-12) A. Description. 1. Construct a base composed of limerock material. Perform work in accordance with an approved Quality Control Plan meeting the requirements of Article 105 of these Specifications. B. Materials. 1. Limerock base: a. Meet the requirements of FDOT Section 911. b. Produced and obtained from an FDOT approved source listed on the current FDOT Approved Aggregate Products from Mines or Terminals Listings. 2. More than one source of base rock on a single Contract may be used provided that a single source is used throughout the entire width and depth of a section of base. Obtain approval from Engineer before placing material from more than one source. Place material to ensure total thickness single source integrity at any station location of the base. 3. Intermittent placement or "Blending" of sources is not permitted. 4. Do not use any of the existing base that is removed to construct the new base. 5. Limerock is referred to hereinafter as "rock". C. Equipment. Use mechanical rock spreaders, equipped with a device that strikes off the rock uniformly to laying thickness, capable of producing even distribution. For crossovers, intersections and ramp areas; roadway widths of 20 feet or less; the main roadway area when forms are used and any other areas where the use of a mechanical spreader is not practicable; Contractor may spread the rock using bulldozers or blade graders. D. Transporting Rock. T . Transport the rock to its point of use, over rock previously placed if practicable, and dump it on the end of the preceding spread. Hauling and dumping on the subgrade will be permitted only when, in Engineer's opinion, these operations will not be detrimental to the subgrade. E. Spreading Rock. Method of Spreading: a. Spread the rock uniformly. b. Remove all segregated areas of fine or coarse rock and replace them with properly graded rock. Specifications Page 26 of 60 87 of 167 2. Number of Courses: a. When the specified compacted thickness of the base is greater than 6 inches, construct the base in multiple courses of equal thickness. Individual courses shall not be less than 3 inches. The thickness of the first course may be increased to bear the weight of the construction equipment without disturbing the subgrade. 3. Approval requirements for thicker lifts. a. If, through field tests, Contractor can demonstrate that the compaction equipment can achieve density for the full depth of a thicker lift, and if approved by Engineer, the base may be constructed in successive courses of not more than 8 inches compacted thickness. Engineer will base approval on results of a test section constructed using Contractor's specified compaction effort as follows: 1) Notify Engineer prior to beginning construction of a test section. 2) Construct a test section of the length of one LOT. Perform five QC density tests at random locations within the test section. At each test site, test the bottom 6 inches in addition to the entire course thickness. All QC tests and a Department Verification test must meet the density required by the Acceptance Criteria in this Article. 3) Identify the test section with the compaction effort and thickness in the Logbook. Remove the materials above the bottom 6 inches, at no expense to the Department. The minimum density required on the thicker lift will be the average of the five results obtained on the thick lift in the passing test section. 4) Maintain the exposed surface as close to "undisturbed" as possible; no further compaction will be permitted during the test preparation. If unable to achieve the required density, remove and replace or repair the test section to comply with the specifications at no additional expense to the Department. Contractor may elect to place material in 6 inches compacted thickness at any time. 5) Once approved, a change in the source of base material will require the construction of a new test section. Do not change the compaction effort once the test section is approved. Engineer will periodically verify the density of the bottom 6 inches during thick lift operations. 6) Engineer may terminate the use of thick lift construction and instruct Contractor to revert to the 6 inches maximum lift thickness if Contractor fails to achieve satisfactory results or meet applicable specifications. 4. Rock Base for Shoulder Pavement: Unless otherwise permitted, complete all rock base shoulder construction at any particular location before placing the final course of pavement on the traveled roadway. When dumping material for the construction of a rock base on the shoulders, do not allow material capable of scarring or contaminating the pavement surface on the adjacent Project No. pavement. Immediately sweep off any rock material that is deposited on the surface course. F. Compacting and Finishing Base. 1. General: a. Perform work in accordance with an approved Quality Control Plan meeting the requirements of Article 105 of these Specifications and the Acceptance Criteria herein below. b. Construct mainline pavement lanes, turn lanes, ramps, parking lots, concrete box culverts and retaining wall systems in sections of not less than 300 feet in length or for the full length of the rock base. For these, a LOT is defined as a single lift of finished embankment not to exceed 500 feet. efficiency of the base, remove the cracks or checks by rescarifying, reshaping, adding base material where necessary, and recompacting. 7. Compaction of Widening Strips: a. Where base construction consists of widening strips and the trench width is not sufficient to permit use of standard base compaction equipment, compact the base using vibratory compactors, trench rollers or other special equipment which will achieve the density requirements specified herein. b. When multiple course base construction is required, compact each course prior to spreading material for the overlaying course. G. Acceptance Criteria: c. Construct shoulder -only areas, bike/shared use paths, 1. Density: Within the entire limits of the width and depth of and sidewalks in sections of not less than 300 feet in the base, obtain a minimum density in any LOT of 98% length or for the full length of the rock base. For these, of modified Proctor maximum density as determined by a LOT is defined as 1,000 feet or one Day's FM 1-T 180, Method D. For shoulder only areas and Production, whichever is greater. Shoulders bike/shared use paths, obtain a minimum density of compacted separately shall be considered separate 95% of the modified Proctor maximum density as LOTs. determined by FM 1-T 180, Method D. 2. Single Course Base: After spreading, scarify the entire surface. Shape the base to produce the required grade and cross-section, free of scabs and laminations, after compaction. 3. Multiple Course Base: Clean the first course of foreign material, then blade and bring it to a surface cross- section approximately parallel to the finished base. Before spreading any material for the upper courses, allow Engineer to make density tests for the lower courses to determine that the required compaction has been obtained. After spreading the material for the top course, scarify finish and shape its surface to produce the required grade and cross-section, free of scabs and laminations, after compaction. 4. Moisture Content: When the material does not have the proper moisture content to ensure the required density, wet or dry it as required. When adding water, uniformly mix it in to the full depth of the course that is being compacted. During wetting or drying operations, manipulate, as a unit, the entire width and depth of the course that is being compacted. 5. Thickness Requirements: Within the entire limits of the length and width of the finished base, meet the specified plan thickness in accordance with the Quality Control requirements specified in Depth and Surface Testing Requirements subarticle herein below. 6. Correction of Defects: a. Contamination of Base Material: If, at any time, the subgrade material becomes mixed with the base course material, dig out and remove the mixture, and reshape and compact the subgrade. Then replace the materials removed with clean base material, and shape and compact as specified above. Perform this work at no expense to the Department. b. Cracks and Checks: If cracks or checks appear in the base, either before or after priming, which, in the opinion of Engineer, would impair the structural Specifications Page 27 of 60 88 of 167 2. Frequency: Conduct QC sampling and testing at a minimum frequency listed in the table below. Engineer will perform Verification sampling and tests at a minimum frequency listed in the tables below. Mainline Pavement Lanes, Turn Lanes, Ramps, Parking Lots, Concrete Box Culverts and Retaining Wall Systems Test Name Quality Control Verification Modified Proctor One per eight One per 16 Maximum Density consecutive consecutive LOTs LOTS Density One per LOT One per four LOTs Roadway Surface Ten per LOT Witness Roadway Three per LOT Witness Thickness Shoulder -Only, Bike/Shared Use Path and Sidewalk Construction Test Name Quality Control Verification Modified Proctor One per two One per four Maximum Density LOTs LOTs Density One per LOT One per two LOTs Surface Five per 500 feet Witness Thickness Three per 600 Witness consecutive feet 3. Initial Equipment Comparison: a. Before initial production, perform a comparison test using the Quality Control, Verifications and Independent Assurance gauges. Unless Engineer instructs, do not perform the initial equipment comparison more than once per project. When comparing the computed dry density of one nuclear gauge to a second gauge, ensure that the difference Project No. between the two computed dry densities does not exceed 2 Ib/ft3 between gauges from the same manufacturer, and 3 Ib/ft3 between gauges from different manufacturers. Repair or replace any Quality Control gauge that does not compare favorably with the Independent Assurance gauge. b. Perform a comparison analysis between the Quality Control nuclear gauge and. the Verification nuclear gauge any time a nuclear gauge or repaired nuclear gauge is first brought to the project. Repair and replace any Quality Control gauge that does not compare favorably with the Verification gauge at any time during the remainder of the project. Calibrate all Quality Control gauges annually. 4. Initial Production Lot: a. Before construction of any other LOT, prepare a 500- foot initial control section consisting of one full LOT in accordance with the approved Quality Control Plan for the Project. b. Notify Engineer at least 24 hours prior to production of the initial control section. Perform all QC tests required herein below. When the initial Quality Control test results pass specifications, Engineer will perform a Verification test to verify compliance with the specifications. c. Do not begin constructing another LOT until successfully completing the initial production LOT. Engineer will notify Contractor of the initial production lot approval within three working days after receiving Contractor's Quality Control data when test results meet the following conditions: 1) Quality Control tests must meet the specifications. 2) Verification test must meet the specifications. 3) Difference between Quality Control and Verification computed Dry Density results shall meet the requirements provided above for Initial Equipment Comparison. 4) If Verification test result fails the density requirements of the Acceptance Critera, correct the areas of non-compliance. The Quality Control and Verification tests will then be repeated. Engineer will reject Contractor's Quality Control Plan after three unsuccessful Verification attempts. Submit a revised Quality Control Plan to Engineer for approval. 5. Density over 105%: a. When a QC computed dry density results in a value greater than 105% of the applicable Proctor maximum dry density, Engineer will perform an Independent Verification density test within 5 feet. b. If the Independent Verification density results in a value greater than 105%, Engineer will investigate the compaction methods, examine the applicable Standard Proctor Maximum Density and material description. c. Engineer may collect and test an Independent Verification Standard Proctor Maximum Density sample for acceptance in accordance with the Acceptance Criteria. Specifications Page 28 of 60 89 of 167 6. Quality Control Tests: a. Standard Proctor Maximum Density Determination: Determine the Quality Control standard Proctor maximum density and optimum moisture content by sampling and testing the material in accordance with the specified test method listed in the Acceptance Criteria. b. Density Testing Requirements: Ensure compliance to the requirements of the Acceptance Criteria by Nuclear Density testing in accordance with FM 1-T 238. Determine the in -place moisture content for each density test. Use Florida Method FM 1-T 238, FM 5- 507 (Determination of Moisture Content by Means of a Calcium Carbide Gas Pressure Moisture Tester), or ASTM D-4643 (Laboratory Determination of Moisture Content of Granular Soils By Use of a Microwave Oven) for moisture determination. c. Soil Classification: Perform soil classification tests on the sample collected for the Standard Proctor Maximum Density Determination above, in accordance with AASHTO T-88. Classify soils in accordance with AASHTO M-145 in order to determine compliance with embankment utilization requirements. Unless required by Engineer, do not test or classify materials for stabilized subgrade or base. 7. Department Verification: a. Engineer will conduct a Verification test(s) in order to accept all materials and work associated with the Quality Control Tests. Engineer will verify the Quality Control results if they meet the Verification Comparison Criteria, otherwise Engineer will implement Resolution procedures. b. Engineer will select test locations, including Station, Offset, and Lift, using a Random Number generator based on the Lots under consideration. Each Verification test evaluates all work represented by the Quality Control testing completed in those LOTs. c. In addition to the Verification testing, Engineer may perform additional Independent Verification (IV) testing. Engineer will evaluate and act upon the IV test results in the same manner as Verification test results. d. When the project requires less than four Quality Control tests per material type, Engineer reserves the right to accept the materials and work through visual inspection. 8. Reduced Testing Frequency: When no Resolution testing is required for 12 consecutive verified LOTs, or if required, the QC test data was upheld, reduce the QC density testing to one test every two LOTs by identifying the substantiating tests in the Density Log Book and notifying Engineer in writing prior to starting reduced frequency of testing. Generate random numbers based on the two LOTs under consideration. When Quality Control test frequency is reduced to one every two LOTs, obtain Engineer's approval to place more than one LOT over an untested LOT. Assure similar compaction efforts for the untested LOTS. If the Verification test fails, and Quality Control test data is not upheld by Resolution testing, the Quality Control testing will revert to the original frequency of one Quality Control test per LOT. Do not apply reduced testing Project No. frequency in construction of shoulder -only areas, b. Thickness and Surface Testing Requirements: The bike/shared use paths and sidewalks. Department will witness the base depth and surface checks to ensure compliance with the Depth and 9. Quality Control Testing: Surface Testing Requirements above. If the QC test a. Modified Proctor Maximum Density Requirement: results are not deficient as defined therein, the LOT or Collect enough material to split and create three 500-foot section will be accepted. If the QC test results separate samples and retain two for Engineer's are deficient, resolve deficiencies in accordance with Verification and Resolution testing until Engineer the Depth and Surface Testing Requirements. Repeat accepts the 16 LOTs represented by the samples. acceptance testing. Provide traffic control, b. Depth and Surface Testing Requirements: coring/boring equipment, and an operator for the coring/boring equipment. 1) Notify Engineer a minimum of 24 hours before c. Verification Comparison Criteria and Resolution checking base depths and surface checking. Procedures: Determine test locations including Stations and Offsets, using the Random Number generator 1) Modified Proctor Maximum Density: Engineer will approved by the Department. Do not perform compare the Verification test results for Maximum depth and surface checks until Engineer is present Density to the corresponding Quality Control test to witness. Perform thickness check on the results. If the test result is within 4.5 Ib/ft3 of the finished base or granular subbase component of a QC test result, the LOTs will be verified. composite base. Provide traffic control, Otherwise, Engineer will collect the Resolution split coring/boring equipment, and an operator for the sample corresponding to the Verification sample coringlboring equipment. Traffic control is to be tested. The State Materials Office or an AASHTO provided in accordance with the standard accredited laboratory designated by the State maintenance of traffic requirements of the Materials Office will perform Resolution testing. Contract. The material will be sampled and tested in accordance with FM 1-T 180, Method D. 2) The thickness is considered deficient, if the measured depth is over 1/2 inch less than the 2) Engineer will compare the Resolution Test results specified thickness. Correct all deficient areas of with the Quality Control test results. If the the completed base by scarifying and adding Resolution Test result is within 4.5 Ib/ft3 of the additional base material. As an exception, if corresponding Quality Control test result, Engineer authorized by the Department, such areas may be will use the Quality Control test results for material left in place without correction and with no acceptance purposes for each corresponding set payment. of LOTs. If the Resolution test result is not within 4.5 Ib/ft3 of the corresponding Quality Control test, 3) Check the finished surface of the base course with Engineer will collect the remaining Verification split a template cut to the required crown and with a 15 sample for testing. Verification Test results will be foot straightedge laid parallel to the centerline of used for material acceptance purposes for the the road. Correct all irregularities greater than 1/4 LOTs in question. inch to the satisfaction of the Engineer by scarifying and removing or adding rock as 3) Density: When a Verification or Independent required, and recompact the entire area as Verification density test does not meet the specified hereinbefore. requirements of the Acceptance Criteria, retest at a site within a 5 feet radius of the Verification test c. Surface & Thickness Reduced Testing Frequency: location and observe the following: When no Resolution testing is required for 12 consecutive verified LOTs, or if required, the QC test a) If the Quality Control retest meets the data was upheld, reduce the QC surface and/or Acceptance Criteria and compares favorably thickness checks to one half the minimum with the Verification or Independent Verification requirements as stated in the frequency requirements test, Engineer will accept the LOTS in question. above (e.g. Reduce frequency from ten per LOT to ten b) If the Quality Control retest does not meet the per two LOTs) by identifying the substantiating tests Acceptance Criteria and compares favorably and notifying Engineer in writing prior to starting with the Verification or Independent Verification reduced frequency of testing. If the Verification test test, rework and retest the material in that LOT. fails, and Quality Control test data is not upheld by Engineer will re -verify the LOTs in question. Resolution testing the Quality Control testing will c) If the Quality Control retest and the Verification revert to the original frequency required by the or Independent Verification test do not compare Acceptance Criteria above. The results of the favorably, complete a new Equipment - Independent Verification testing will not affect the Comparison Analysis. Once acceptable frequency of the Quality Control testing. comparison is achieved, retest the LOTs. 10. Department Verification Tests: Engineer will perform new verification testing. Acceptance testing will not begin on a new LOT a. Maximum Density: Engineer will randomly select one until Contractor has a gauge that meets the of the remaining two split samples and test in comparison requirements. accordance with FM 1-T 180, Method D. Specifications Project No. Page 29 of 60 90 of 167 4) Thickness and Surface Testing Requirements: Resolve deficiencies in accordance with the Depth and Surface Testing Requirements above. H. Priming and Maintaining. 1. Priming: Apply the prime coat only when the base meets the specified density requirements and when the moisture content in the top half of the base does not exceed the optimum moisture of the base material. At the time of priming, ensure that the base is firm, unyielding and in such condition that no undue distortion will occur. 2. Maintaining: Maintain the true crown and template, with no rutting or other distortion, while applying the surface course. 1. Thickness of Base. 1. Engineer will determine, as follows, the average thickness of the compacted limerock base for use in the measurements specified in the Method of Measurement: a. Average thickness will be calculated per typical cross- section for the entire job as a unit. b. Any measured thickness that is more than 1 /2 inch greater than the design thickness shown on the typical cross-section in the Plans or, when no plans exist, the thickness specified in the description of the Contract pay item, will be considered as the design or specified thickness plus 1 /2 inch. c. Any areas of existing base left in place will not be included in the calculations. J. Method of Measurement. 1. The quantity to be paid for will be the pay area in square yards of limerock base constructed pursuant to these specifications that is measured, adjusted as specified below, and accepted by Engineer. a. Normal Thickness Base: The surface area of specified normal thickness base to be adjusted will be the measured quantity as specified above, omitting any areas not accepted for payment under Subarticle 200- J.2 below, and omitting areas which are to be included for payment under the Method of Measurement for Variable Thickness Base Authorized by Engineer. The pay area is determined by adjusting the aforementioned surface area using the formula below limited to a maximum for the final pay area of 105 percent of the surface area. 1) Pay Area = Surface Area x ((Calculated Average Thickness per these Specifications)/(Plan or Specified Thickness)) b. Variable Thickness Base Authorized by Engineer: Where the base is constructed to an authorized compacted thickness other than the normal thickness as shown on the typical section in the Plans, as specified on the Plans, the thickness specified in the description of the Contract pay item, or ordered as by Engineer for providing additional depths at culverts or bridges, or for providing transitions to connecting pavements; the volume of such authorized variable thickness compacted base will be calculated from authorized lines and grades, or by other methods selected by Engineer, and converted to equivalent square yards of normal thickness base for payment. 2. Additional areas that will not be included in the above measurements for payment include: a. Areas of existing base left in place; b. Areas where under -thickness is in excess of the allowable tolerance as specified in Subarticle 200-G.9; and c. Areas where the work under other Contract pay item(s) includes the construction or restoration of a limerock base. K. Basis of Payment. 1. Price and payment will be full compensation for all the work specified in this Article, including correcting all defective surface and deficient thickness, removing cracks and checks as provided above in Crack and Checks, prime coat application meeting the requirements of FDOT Section 300, and the additional rock required for crack elimination. 2. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. Specifications Project No. Page 30 of 60 91 of 167 DIVISION 300 BITUMINOUS TREATMENTS SURFACE COURSES AND CONCRETE PAVEMENT 334 HOT MIX ASPHALT (REV. 05-3-11) A. Description. 1. General. a. Construct plant mixed Hot Mix Asphalt (HMA) pavements based on the type of mixture specified in the Contract Documents and for the Asphalt Work Categories defined below. b. Meet all applicable requirements for plants, material, equipment, and construction specified herein. 2. Asphalt Work Categories. a. Asphalt Work Category 1: Includes the construction of bike paths. b. Asphalt Work Category 2: Includes the construction of paved shoulders and other non -mainline pavement locations. c. Asphalt Work Category 3: Includes the construction of new mainline and turn lanes HMA pavement, milling and resurfacing. 3. Mix Types. a. Use a HMA mix that meets the requirements of this specification. b. In the event a mix type is not identified in the Contract Documents use, subject to Engineer's approval, the appropriate HMA mix from Table 1 below. c. Mixtures are based on the design traffic level of the project, expressed in 18,000 pounds Equivalent Single Axle Loads (ESAL's). d. A Type SP or FC mix one traffic level higher than the traffic level specified in the Contract may be substituted, at no additional cost. Table 1 HMA Fine Mix Types Asphalt Mix Types Traffic Work Level(2) Category 1 Type SP-9.50) A 2 Structural Mixes: Types B or C SP-9.5 or SP-12.50) Friction Mixes: Types FC- 9.5 or FC-12.50 3 Structural Mixes: Types C SP-9.5 or SP-12.5 Specifications Page 31 of 60 92 of 167 Friction Mixes: Types FC- 9.5 or FC-12.5 Equivalent mixes may be approved as determined by the Engineer. (2) Traffic Level (1x106 ESAL's): A is <0.3; B is 0.3 to <3; and C is 3 to <10 4. Gradation Classification. a. Use only fine HMA mixes meeting the requirements of subarticle C.2.b below. The equivalent AASHTO nominal maximum aggregate size Superpave mixes are as follows: 1) Type SP-9.5, FC-9.5 ............. 9.5 mm (3/8") 2) Type SPA2.5, FC-12.5 ......... 12.5 mm (1/2") 5. Total Pavement Thickness. a. The total pavement thickness of the HMA Pavement will be based on a specified spread rate or plan thickness as shown in the Contract Documents. Before paving, propose a spread rate or thickness for each individual layer meeting the requirements of this specification, which when combined with other layers (as applicable) will equal the plan spread rate or thickness. b. When the total pavement thickness is specified as plan thickness, the plan thickness and individual layer thickness will be converted to spread rate using the following equation: 1) Spread rate (Ibs/yd2) = t x Gm x 43.3 where: a) t = Thickness (in.) (Plan thickness or individual layer thickness) b) Gmm = Maximum specific gravity from the mix design c) For target purposes only, spread rate calculations shall be rounded to the nearest whole number. c. Plan quantities are based on a Gmm of 2.540, corresponding to a spread rate of 110 Ibs. per square yard per inch. Pay quantities will be based on the actual maximum specific gravity of the mix being used. 6. Layer Thicknesses. a. Structural Course Layer(s): 1) Unless otherwise called for in the Contract Documents, the allowable layer thicknesses for fine Type SP HMA mixes are as follows: a) Type SP-9.5..................1 - 1 1/2 inches b) Type SP-12.5............ 1 1/2 - 2 1/2 inches 2) Fine Type SP-9.5 mixes are limited to the top two structural layers, two layers maximum. b. Friction Course Layer (FC-12.5 and FC-9.5): 1) The thickness of the friction course layer will be the plan thickness as shown in the Contract Document or as directed in writing by the Engineer. For construction purposes, the plan Project No. thickness will be converted to spread rate as a. Provide certification from the aggregate supplier that defined in Subanticle A.5 above. the material meets all requirements for construction 7. Additional Requirements. aggregates stipulated in the Contract Documents. b. Aggregates and sources used must be identified in the a. Type SP HMA fine mixtures: FDOT "Approved Aggregate Products from Mines or 1) When construction includes the paving of adjacent Terminals" current listings. shoulders (:55 feet wide), the layer thickness for c. For Type FC mixes: the upper pavement layer and shoulder shall be 1) Use an aggregate blend that consists of crushed the same and paved in a single pass, unless granite, crushed Oolitic limestone, other crushed otherwise called for in the Contract Documents. materials (as approved by FDOT for friction 2) For overbuild layers, use the minimum and courses per Rule 14-103.005, Florida maximum layer thicknesses as specified above Administrative Code), or a combination of the unless called for differently in the Contract above. Crushed limestone from the Oolitic Documents. On variable thickness overbuild formation may be used if it contains a minimum of layers, the minimum allowable thickness may be 12% silica material as determined by FDOT Test reduced by 1/2 inch, and the maximum allowable Method FM 5-510 and FDOT grants approval of thickness may be increased by 1 /2 inch, unless the source prior to its use. As an exception, mixes called for differently in the Contract Documents. that contain a minimum of 60% crushed granite may either contain: 8. Weight of Mixture. ' a. The weight of the mixture shall be determined as provided in FDOT 320-2.2 (Electronic Weigh Systems). B. Materials. 1. General Requirements: Meet the material requirements specified in FDOT Division III (Materials). Specific references as follows: Superpave PG Asphalt Binder FDOT 916-1 Recycling Agents FDOT 916-2 Course Aggregate FDOT Section 901 Fine Aggregate FDOT Section 902 2. Asphalt Binder: a. For Type SP Mixtures: 1) Unless specified elsewhere in the Contract Documents, use a PG 67-22 asphalt binder from the FDOT's Qualified Products List (QPL). 2) Meet the requirements of FDOT Section 916 and Subarticle B.4 below. b. For Type FC Mixtures: 1) Use an ARB-5 asphalt rubber binder meeting the requirements of FDOT Section 336 and any additional requirements or modifications specified herein for the various mixtures. 2) If called for in the Contract Documents, use a PG 76-22 asphalt binder meeting the requirements of FDOT 916-1. 3) For projects with a total quantity of FC-9.5 or FC- 12.5 less than 500 tons, the Contractor may elect to substitute for the ARB-5, a PG 76-22 Asphalt Binder that meets the requirements of FDOT 916- 1. 3. Aggregate: Specifications Page 32 of 60 93 of 167 a) Up to 40% fine aggregate from other sources, or b) A combination of up to 15% Reclaimed Asphalt Pavement (RAP) Material and the remaining fine aggregate from other sources. c) A list of aggregates approved for use in friction courses may be available on the FDOT's website. The URL for obtaining this information, if available, is: ftp://ftp.dot.state.fl.us/fdot/smo/website/sources/f rictioncourse.pdf. 4. Reclaimed Asphalt Pavement (RAP) use in Type SP asphalt mixture: a. General requirements: RAP may be used as a component of the Type SP asphalt mixture, if approved by the Engineer. Usage of RAP is subject to the following requirements: 1) Limit the amount of RAP material used in the mix to a maximum of 50 percent by weight of total aggregate. 2) When using a PG 76-22 Asphalt Binder, limit the amount of RAP material used in the mix to a maximum of 15 percent by weight of total aggregate. 3) Provide stockpiled RAP material that is reasonably consistent in characteristics and contains no aggregate particles which are soft or conglomerates of fines. 4) Provide RAP material having a minimum average asphalt content of 4.0 percent by weight of total mix. The Engineer may sample the stockpile to verify that this requirement is met. 5) Use a grizzly or grid over the RAP cold bin, in -line roller crusher, screen, or other suitable means to prevent oversized RAP material from showing up in the completed recycle mixture. If oversized RAP material appears in the completed recycle mix, take the appropriate corrective action immediately. If the appropriate corrective actions are not immediately taken, stop plant operations. Project No. b. Material Characterization: Assume responsibility for establishing the asphalt binder content, gradation, viscosity and bulk specific gravity (Gsb) of the RAP material based on a representative sampling of the material. c. Asphalt Binder for Mixes with RAP: 1) Select the appropriate asphalt binder grade based on Table 2 below. 2) The Engineer reserves the right to change the asphalt binder type and grade at design based on the characteristics of the RAP asphalt binder, and reserves the right to make changes during production. 3) Maintain the viscosity of the recycled mixture within the range of 5,000 to 15,000 poises. Table 2 Asphalt Binder Grade for Mixes Containing RAP Percent RAP Asphalt Binder Grade <20 PG 67-22 20 — 29 PG 64-22 2t 30 Recycling Agent C. Composition of Mixture. 1. General: Compose the asphalt mixture using a combination of aggregates, mineral filler, if required, and asphalt binder material. Size, grade and combine the aggregate fractions to meet the grading and physical properties of the mix design. Aggregates from various sources may be combined. 2. Mix Design: a. General: Design the asphalt mixture in accordance with AASHTO R35 04, except as noted herein. Submit the proposed mix design with supporting test data indicating compliance with all mix design criteria to the Engineer. Prior to the production of any asphalt mixture, obtain the Engineer's conditional approval of the mix design. If required by the Engineer, send representative samples of all component materials, including asphalt binder to a laboratory designated by the Engineer for verification. The Engineer will consider any marked variations from original test data for a mix design or any evidence of inadequate field performance of a mix design as sufficient evidence that the properties of the mix design have changed, and at his discretion, the Engineer may no longer allow the use of the mix design. b. Mixture Gradation Requirements: Combine the aggregates in proportions that will produce an asphalt mixture meeting all of the requirements defined in this specification and conform to the gradation requirements at design as defined in AASHTO M323 04, Table 3. Aggregates from various sources may be combined. 1) Mixture Gradation Classification: Plot the combined mixture gradation on an FHWA 0.45 Power Gradation Chart. Include the Control Points from AASHTO M323 04, Table 3, as well as the Primary Control Sieve (PCS) Control Point from Specifications Page 33 of 60 94 of 167 AASHTO M323 04, Table 4. Fine mixes are defined as having a gradation that passes above or through the primary control sieve control point. Use only fine mixes. c. Gyratory Compaction: Compact the design mixture in accordance with AASHTO T312 04. Use the number of gyrations as defined in AASHTO R35 04, Table 1. d. Design Criteria: Meet the requirements for nominal maximum aggregate size as defined in AASHTO M323 04, as well as for relative density, VMA, VFA, and dust -to -binder ratio as specified in AASHTO M323 04, Table 6. e. Moisture Susceptibility: 1) Test 4 inch specimens in accordance with FM 1 T 283. Provide a mixture having a retained tensile strength ratio of at least 0.80 and a minimum tensile strength (unconditioned) of 100 psi. If necessary, add a liquid anti -stripping agent from the FDOT's Qualified Products List, or hydrated lime in order to meet these criteria. 2) In lieu of moisture susceptibility testing, add a liquid anti -stripping agent from the FDOT's Qualified Products List. Add 0.5% liquid anti - stripping agent by weight of binder. f. Additional Information: In addition to the requirements listed above, provide the following information on each mix design: 1) The design traffic level and the design number of gyrations (Ndesign). 2) The source and description of the materials to be used. 3) The FDOT source number and the FDOT product code of the aggregate components furnished from an FDOT approved source. 4) The gradation and proportions of the raw materials as intended to be combined in the paving mixture. The gradation of the component materials shall be representative of the material at the time of use. Compensate for any change in aggregate gradation caused by handling and processing as necessary. 5) A single percentage of the combined mineral aggregate passing each specified sieve. Degradation of the aggregate due to processing (particularly material passing the No. 200 sieve) should be accounted for and identified. 6) The bulk specific gravity (Gsb) value for each individual aggregate and RAP component. 7) A single percentage of asphalt binder by weight of total mix intended to be incorporated in the completed mixture, shown to the nearest 0.1 percent. 8) A target temperature at which the mixture is to be discharged from the plant and a target roadway temperature. Do not exceed a target temperature of 330°F for modified asphalts and 315°F for unmodified asphalts. Project No. 9) Provide the physical properties achieved at four different asphalt binder contents. One shall be at the optimum asphalt content, and must conform to all specified physical requirements. 10)The name of the Mix Designer. 11) The ignition oven calibration factor. D. Contractor Quality Control. 1. Assume full responsibility for controlling all operations and processes such that the requirements of these Specifications are met at all times. Perform any tests necessary at the plant and Project site for quality control purposes. 2. Acceptance of any automatic delivery ticket printout, electronic weight delivery ticket, or other evidence of weight of the materials or approval of any particular type of materials or production methods will not constitute agreement by the County that such matters are in accordance with the Contract Documents and it shall be the Contractor's responsibility to ensure that the materials delivered to the project are in accordance with the Contract Documents. E. General Construction Requirements. 1. Weather Limitations: Do not transport asphalt mix from the plant to the roadway unless all weather conditions are suitable for the laying operations. 2. Limitations of Laying Operations: a. General: Spread the mixture only when the surface upon which it is to be placed has been previously prepared, is intact, firm, and properly cured, and is dry. b. Air Temperature: Spread the mixture only when the air temperature in the shade and away from artificial heat is at least 40OF for layers greater than 1 inch (100 Ib/yd2) in thickness and at least 45°F for layers 1 inch (100 Ib/yd2) or less in thickness (this includes leveling courses). The minimum temperature requirement for leveling courses with a spread rate of 50 Ib/yd2 or less is 50°F. 3. Mix Temperature: Heat and combine the ingredients of the mix in such a manner as to produce a mixture with a temperature at the plant and at the roadway, within a range of t30°F from the target temperature as shown on the mix design. Reject all loads outside of this range. Transportation of the Mixture: Transport the mixture in vehicles previously cleaned of all foreign material. After cleaning, thinly coat the inside surface of the truck bodies with soapy water or an asphalt release agent as needed to prevent the mixture from adhering to the beds. Do not allow excess liquid to pond in the truck body. Do not use diesel fuel or any other hazardous or environmentally detrimental material as a coating for the inside surface of the truck body. Cover each load at all times. 5. Preparation of Surfaces Prior to Paving: Specifications Page 34 of 60 95 of 167 a. Cleaning: Clean the surface of all loose and deleterious material by the use of power brooms or blowers, supplemented by hand brooming where necessary. b. Patching and Leveling Courses: Where the HMA is to be placed on an existing pavement which is irregular, wherever the plans indicate, or if directed by the Engineer, bring the existing surface to proper grade and cross-section by the application of patching or leveling courses. c. Application over Surface Treatment: Where an asphalt mix is to be placed over a surface treatment, sweep and dispose of all loose material from the paving area. d. Tack Coat: Apply a tack coat on existing pavement structures that are to be overlaid with an asphalt mix and between successive layers of all asphalt mixes, unless directed otherwise by the Engineer. Use a tack coat product meeting FDOT Section 300 (Prime and Tack Coats for Base Courses). Use an emulsified tack coat spread rate of 0.02 to 0.08 gal/sy or as specified by the Engineer. 6. Paving: a. Alignment of Edges: With the exception of pavements placed adjacent to curb and gutter or other true edges, place all pavements by the stringline method to obtain an accurate, uniform alignment of the pavement edge. Control the unsupported pavement edge to ensure that it will not deviate more than f 1.5 inches from the stringline. b. Rain and Surface Conditions: Immediately cease transportation of asphalt mixtures from the plant when rain begins at the roadway. Do not place asphalt mixtures while rain is falling, or when there is water on the surface to be covered. Once the rain has stopped and water has been removed from the tacked surface to the satisfaction of the Engineer and the temperature of the mixture caught in transit still meets the requirements as specified in subarticle E.3 above, the Contractor may then place the mixture caught in transit. c. Checking Depth of Layer: Check the depth of each layer at frequent intervals, and make adjustments when the thickness exceeds the allowable tolerance of 1/4". Address any material outside of this tolerance per the direction of the Engineer. When making an adjustment, allow the paving machine to travel a minimum distance of 32 feet to stabilize before the second check is made to determine the effects of the adjustment. d. Hand Spreading: In limited areas where the use of the spreader is impossible or impracticable, spread and finish the mixture by hand. e. Spreading and Finishing: Upon arrival, dump the mixture in the approved paver, and immediately spread and strike -off the mixture to the full width required, and to such loose depth for each course that, when the work is completed, the required weight of mixture per square yard, or the specified thickness, is secured. Carry a uniform amount of mixture ahead of the screed at all times. Project No. f. Thickness of Layers: Construct each course of Type loosened portions and free of segregation, bleeding, SP mixtures in layers of thickness pursuant to flushing, sand streaks, sand spots, or ripples. Correct subarticle A.6.a above. any area of the surface that does not meet the foregoing requirements in accordance with the 7. Leveling Courses: requirements below for Correcting Unacceptable a. Patching Depressions: Before spreading any leveling Pavement. course, fill all depressions in the existing surface more b. Cross Slope: Construct a pavement surface with than 1 inch deep by spot patching with leveling course cross slopes in compliance with the requirements of mixture, and compact thoroughly. the Contract Documents. b. Spreading Leveling Courses: Place all courses of c. Pavement Smoothness: Construct a smooth leveling with an asphalt paver or by the use of two pavement meeting the requirements of this motor graders, one being equipped with a spreader Specification. Furnish a 15 foot manual and a 15 foot box. Other types of leveling devices may be used rolling straightedge meeting the requirements of FM 5- upon approval by the Engineer. 509. Make them available at the job site at all times c. Rate of Application: When using Type SP-9.5 (fine during paving operations for Asphalt Work Category 3 graded) for leveling, do not allow the average spread and make them available upon request of the of a layer to be less than 50 Ib/yd2 or more than 75 Engineer for Asphalt Work Categories 1 and 2. lb/yd2. The quantity of mix for leveling shown in the 1) Asphalt Work Category 3: plans represents the average for the entire project; however, the Contractor may vary the rate of a) Acceptance Testing: Using a rolling application throughout the project as directed by the straightedge, test the final Type SP structural Engineer. When leveling in connection with base layer and the Type FC layer, where a friction widening, the Engineer may require placing all the course is called for in the Contract Documents. leveling mix prior to the widening operation. Test all pavement lanes where the width is constant using a rolling straightedge and 8. Compaction: document all deficiencies on a form approved a. For each paving or leveling train in operation, furnish a by the Engineer. Notify the Engineer of the separate set of rollers, with their operators. location and time of all straightedge testing a b. When density testing for acceptance is required minimum of 48 hours before beginning testing. (Asphalt Work Category 3), select equipment, b) Rolling Straightedge Exceptions: Testing with sequence, and coverage of rolling to meet the the rolling straightedge will not be required in specified density requirement. Regardless of the the following areas: intersections, tapers, rolling procedure used, complete the final rolling crossovers, parking lots and similar areas. In before the surface temperature of the pavement drops addition, testing with the rolling straightedge will to the extent that effective compaction may not be not be performed on the following areas when achieved or the rollers begin to damage the pavement. they are less than 50 feet in length: turn lanes, c. When density testing for acceptance is not required acceleration/deceleration lanes and side (Asphalt Work Categories 1 and 2), use a rolling streets. However, correct any individual surface pattern approved by the Engineer. irregularity in these areas that deviates from the plan grade in excess of 3/8 inch as determined d. Use hand tamps or other satisfactory means to by a 15 foot manual straightedge, and that the compact areas which are inaccessible to a roller, such Engineer deems to be objectionable, in as areas adjacent to curbs, headers, gutters, bridges, accordance with the requirement below for manholes, etc. Correcting Unacceptable Pavement. The 9. Joints. Engineer may waive or modify straightedging requirements if no milling, leveling, overbuild or a. Transverse Joints: Construct smooth transverse underlying structural layer was placed on the joints, which are within 3/16 inch of a true longitudinal project and the underlying layer was determined profile when measured with a 15 foot manual to be exceptionally irregular. straightedge. c) Final Type SP Structural Layer: Straightedge b. Longitudinal Joints: For all layers of pavement except the final Type SP structural layer with a rolling the leveling course, place each layer so that straightedge behind the final roller of the paving longitudinal construction joints are offset 6 to 12 train or as a separate operation. Address all inches laterally between successive layers. Do not deficiencies in excess of 3/16 inch in construct longitudinal joints in the wheelpaths. The accordance with the requirements below for Engineer may waive these requirement where Correcting Unacceptable Pavement (structural offsetting is not feasible due to the sequence of layer). If the Type SP layer is to be the final construction. surface, corrections may be waived by the 10. Surface Requirements: Construct a smooth pavement Engineer. Retest the corrected areas. with good surface texture and the proper cross -slope. d) Friction Course Layer: Where a friction course is called for in the Contract, at the completion of a. Texture of the Finished Surface of Paving Layers: all paving operations, straightedge the friction Produce a finished surface of uniform texture and course either behind the final roller of the paving compaction with no pulled, tom, raveled, crushed or train or as a separate operation. Address all Specifications Project No. Page 35 of 60 96 of 167 deficiencies in excess of 3116 inch in accordance with the requirements below for Correcting Unacceptable Pavement (friction course), unless waived by the Engineer. Retest all corrected areas. 2) Asphalt Work Categories 1 and 2: If required by the Engineer, straightedge the final structural layer with a rolling straightedge, either behind the final roller of the paving train or as a separate operation. Correct all deficiencies in excess of 5116 inch in accordance with the requirements below for Correcting Unacceptable Pavement (structural layer). Retest all corrected areas. If the Engineer determines that the deficiencies on a bicycle path are due to field geometrical conditions, the Engineer will waive corrections with no deduction to the pay item quantity. d. Correcting Unacceptable Pavement: 1) General: Correct all areas of unacceptable pavement at no additional cost. 2) Structural Layers: Correct deficiencies in the Type SP structural layer by one of the following methods: a) Remove and replace the full depth of the layer, extending a minimum of 50 feet on both sides of the defective area for the full width of the paving lane. b) Mill the pavement surface to a depth and width that is adequate to remove the deficiency. (This option only applies if the structural layer is not the final surface layer.) 3) Friction Course: Correct deficiencies in the friction course layer by removing and replacing the full depth of the layer, extending a minimum of 50 feet on both sides of the defective area for the full width of the paving lane. F. Acceptance of the Mixture. 1. General: The asphalt mixture will be accepted based on the Asphalt Work Category as defined below: a. Asphalt Work Category 1 — Certification by the Contractor as defined below. b. Asphalt Work Category 2 — Certification and quality control testing by the Contractor as defined below. c. Asphalt Work Category 3.— Quality control testing by the Contractor and acceptance testing by the Engineer as defined below. :2. Certification by the Contractor: On Asphalt Work Category 1 construction, the Engineer will accept the mix on the basis of visual inspection. Submit a Notarized Certification of Specification Compliance letter on company letterhead to the Engineer stating that all material produced and placed on the project was in substantial compliance with the Specifications. The Engineer may run independent tests to determine the acceptability of the material. 3. Certification and Quality Control Testing by the Contractor: On Asphalt Work Category 2 construction, Specifications Page 36 of 60 97 of 167 submit a Notarized Certification of Specification Compliance letter on company letterhead to the Engineer stating that all material produced and placed on the project was in substantial compliance with the Specifications, along with supporting test data documenting all quality control testing as described in the Quality Control Sampling and Testing Requirements (subarticle F.3.a. below). If so required by the Contract, utilize an Independent Laboratory as approved by the Engineer for the quality control testing. The mix will also require visual acceptance by the Engineer. In addition, the Engineer may run independent tests to determine the acceptability of the material. a. Quality Control Sampling and Testing Requirements: 1) Perform quality control testing at a frequency of once per day. Obtain the samples in accordance with FDOT Method FM 1 T 168. 2) Test the mixture at the plant for gradation (P-8 and P-200) and asphalt binder content (Pb). 3) Test the mixture on the roadway for density using six-inch diameter roadway cores obtained at a frequency of three cores per day. 4) Determine the asphalt content of the mixture in accordance with FM 5 563. 5) Determine the gradation of the recovered aggregate in accordance with FM 1 T 030. 6) Determine the roadway density in accordance with FM 1 T 166. The minimum roadway density will be based on the percent of the maximum specific gravity (Gmm) from the approved mix design. If the Contractor or Engineer suspects that the mix design Gmm is no longer representative of the asphalt mixture being produced, then a new Gmm value will be determined from plant -produced mix with the approval of the Engineer. Roadway density testing will not be required in certain situations as described in the Acceptance Testing Exceptions (subarticle F.4.a below). 7) Assure that the asphalt content, gradation and density test results meet the criteria in Table 3 below. Table 3 Quality Control and Acceptance Values Characteristic Tolerance Asphalt Binder Content (percent) Target t 0.55 Passing No. 8 Sieve (percent) Target t 6.00 Passing No. 200 Sieve (percent) Target t 2.00 Roadway Density (average of three cores) 91.5% Gmm Roadway Density (any single core) 90.0 % Gmm 4. Quality Control Testing by the Contractor and Acceptance Testing by the Engineer: On Asphalt Work Category 3, perform quality control testing as described in the Quality Control Sampling and Testing Requirements (subarticle F.3.a above). In addition, the Engineer will accept the mixture at the plant with respect to gradation (P-8 and P-200) and asphalt binder content Project No. (Pb). The mixture will be accepted on the roadway with respect to density. The Engineer will sample and test the material as described in subarticle F.3.a above. The Engineer will randomly obtain at least one set of samples per day. Assure that the asphalt content, gradation and density test results meet the criteria in Table 3 above. Material failing to meet these acceptance criteria will be addressed as directed by the Engineer. a. Acceptance Testing Exceptions: 1) When the total quantity of any mix type in the Project is less than 500 tons, or on Asphalt Work Category 1 construction, the Engineer will accept the mix on the basis of visual inspection. The Engineer may run independent tests to determine the acceptability of the material. 2) Density testing for acceptance will not be performed on widening strips or shoulders with a width of 5 feet or less, variable thickness overbuild courses, leveling courses, first lift of asphalt base course placed on subgrade, miscellaneous asphalt pavement, or any course with a specified thickness less than 1 inch or a specified spread rate less than 100 Ibslsy. In addition, density testing for acceptance will not be performed on the following areas when they are less than 1,000 feet in length: crossovers, intersections, turning lanes, acceleration lanes, deceleration lanes, or ramps. Compact these courses in accordance with a standard rolling procedure approved by the Engineer. In the event that the rolling procedure deviates from the approved procedure, placement of the mix will be stopped. G. Method of Measurement. 1. For the work specified under this Article, the quantity to be paid for will be the weight of the mixture, in tons. 2. The bid price for the asphalt mix will include the cost of the liquid asphalt or the asphalt recycling agent and the tack coat application as specified herein. There will be no separate payment or unit price adjustment for the asphalt binder material in the asphalt mix. H. Basis of Payment. 1. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. 335 DRIVEWAY TRANSITIONS (REV. 06-23-11) A. Description 1. General: Where required by the Contract Documents or directed by the Engineer, transition the driveway to meet the elevation of a newly constructed and abutting sidewalk or roadway. B. Materials 1. Meet the following requirements: a. Limerock (FDOT Section 911) b. Concrete (FDOT Section 347; minimum compressive strength of 3,000 p.s.i. at 28 days) c. Hot Mix Asphalt; refer to HMA Specifications in these Contract Documents. d. Expansion Joints (FDOT 932-1.1) C. Preparation and Construction 1. Full -depth saw cut a neat line along the entire width of the driveway where it abuts the new sidewalk or roadway and remove existing concrete or asphalt to provide for a maximum transition slope of 2" per foot. 2. Concrete Driveways: a. Remove or add any additional subgrade material necessary to meet final elevation requirements. b. Add the necessary amount of limerock to rework the rock base and compact to a minimum of 95% of AASHTO T 99 density. c. Construct a 6" thick concrete pavement. d. Form a '/z inch expansion joint between the sidewalk and the driveway or at fixed objects and driveway intersections. e. Finish surface of concrete to match existing driveway. 3. Asphalt Driveways: a. Remove or add any additional subgrade necessary to meet final elevation for a new 6" thick limerock base and a 1" thick Hot Mix Asphalt (HMA) pavement layer. b. Provide and compact new limerock base to obtain a minimum density of 98% of modified Proctor maximum density as determined by FM 1-T 180, Method D. c. Construct a minimum 1" thick HMA pavement layer (Type SP-9.5). 4. Dispose of all excess materials and debris properly. D. Method of Measurement 1. The quantity to be paid for will be the area, in square yards, of approved HMA or concrete pavement transition, measured and accepted by the Engineer. E. Basis of Payment 1. Price and payment will be full compensation for all work and materials specified in this Article. 2. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. Specifications Project No. Page 37 of 60 98 of 167 337 MISCELLANEOUS ASPHALT PAVEMENT ( REV. 08-25-11) A. Description. 1. Construct asphalt pavement in areas where vehicular traffic does not travel, such as pavement under guardrail, bicycle paths, median pavement, sidewalks, etc. 2. Chemically treat the underlying soil to prevent plant growth. B. Materials. 1. Use a plant -mixed hot bituminous mixture, other than an open -graded friction course (FC-5), meeting the requirements of a mix design approved by Engineer. For bicycle paths, use a mixture that produces a finished pavement which will not distort or mar under bicycle or commercial riding mower wheel loads. C. Foundation. 1. Shape the soil in areas where pavement is to be constructed to a surface true to the lines, grades and typical cross -sections shown in the Plans. 2. Compact the soil to a firm unyielding state. D. Soil Treatment. 1. Immediately before placing the pavement, uniformly apply a pre -emergent herbicide to the foundation soil meeting the following requirements: a. Use only products approved by the Florida Department of Agriculture for the State of Florida found on www.flpesticide.us/ website. b. Ensure that the herbicide carries an approved label for use under paved surfaces, and that herbicide is applied in accordance with directions on the label. c. Do not use any products in the sulfonylurea family of chemicals. 2. Herbicide application by broadcast spraying is not allowed. 3. Prevent damage to any adjacent vegetation during herbicide application. Replace, at no expense to the Department, any plants damaged as the result of soil treatment outside designated areas. 4. Ensure that all employees applying insecticides and herbicides possess a current Florida Department of Agriculture Commercial Applicator license with the categories of licensure in Right -of -Way Pest Control and Aquatic Pest Control. Ensure that employees who work with herbicides comply with all applicable Federal, State, and local regulations. If application of synthetic organo-auxin herbicides is necessary, meet the requirements of Chapter 5E-2, Florida Administrative Code. E. Placing Mixture. 1. Uniformly place the hot bituminous mixture by machine or hand methods at the rate of spread or dimensions indicated in the plans or as otherwise directed by Engineer. 2. If posts are to be constructed within the pavement area, the Contractor may cut holes for installation through the completed pavement. 3. After completing installation of posts and compaction of the backfill material, patch the area around each post with fresh hot bituminous mixture. 4. If directed by the Engineer, place miscellaneous asphalt pavement prior to placement of the final surface course. F. Compacting Mixture. 1. Uniformly compact the hot bituminous mixture with lightweight rollers or vibratory compactors as directed by Engineer. The Contractor may use hand tamps for compaction in areas which are inaccessible to other compaction equipment. G. Surface Requirements. Specifications Page 38 of 60 99 of 167 1. Provide a finished surface that is reasonably smooth, of uniform texture, and shaped so as to drain without ponding of water. 2. Upon completion of the pavement, shape the surface of the adjacent earth to match the pavement edges. H. Method of Measurement. 1. The quantity to be paid for will be the weight, in tons, determined by an electronic weighing system as described in FDOT 320-2.2. The pay quantity will be based on the average spread rate of the area shown on the Plans or authorized by the Engineer. 2. For calculation, a weight of 100 Ibs/yd2 per inch thickness of asphalt will be used. 3. Prepare a Certification of Quantities for the miscellaneous asphalt pavement pay item, based on the quantity of asphalt accepted by the Engineer. The certification must be provided monthly with each payment request and include the Contract Number, Certification Number, Certification Date, period represented by Certification, and the tons of miscellaneous asphalt pavement for the period. I. Basis of Payment. 1. Price and payment will be full compensation for all work specified in this Article, including shaping and compacting the foundation, soil sterilization treatment, furnishing of the bituminous material used in the mixture, and shaping of adjacent earth surfaces. 2. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. Project No. 344 PORTLAND CEMENT CONCRETE (REV. 10-26-11) A. Description. 1. Use concrete composed of a mixture of Portland cement, aggregates, and water, with or without chemical or mineral admixtures. Construct Concrete based on the type of work as described in the Contract Documents and the Concrete Work Categories below. a. Concrete Work Category 1: Includes the construction of sidewalks, curb and gutter, ditch and slope pavement, or other non -reinforced cast -in- place or precast elements. b. Concrete Work Category 2: Includes the construction of precast concrete including concrete barriers, traffic railing barriers, parapets, sound barriers, inlets, manholes, junction boxes, pipe culverts, storm sewers, box culverts, prestressed concrete poles, concrete bases for light poles, highway sign foundations, retaining wall systems, traffic separators or other structural precast elements. c. Concrete Work Category 3: Includes the work associated with the placement and/or construction of structural cast -in -place concrete requiring a class of concrete specified in FDOT Section 346. B. Materials. 1. General: Certify that all materials used in concrete meet the following requirements: Portland Cement: FDOT Section 921 except Portland cements meeting the requirements of AASHTO M-85 or ASTM C-150 are allowed for nonstructural concrete. Coarse Aggregate: FDOT Section 901 Fine Aggregate: FDOT Section 902 Water: FDOT Section 923 Chemical FDOT Section 924 Admixtures: Pozzolans and Slag: FDOT Section 929 2. Admixture Requirements: Chemical admixtures may be added at the dosage rates recommended by the manufacturer. 3. Material Storage: Use a concrete production facility that meets the following requirements. a. Cementitious Materials Storage: Provide a separate and clearly labeled weatherproof facility to store each brand or type of cementitious material without mixing or contamination. Different brands of cement, cement of the same brand from different facilities, or different types of cement must be stored separately and must not be mixed. Provide a suitable, safe and convenient means of collecting cementitious material samples at each storage facility. b. Aggregate Storage: Provide suitable bins, stockpiles or silos to store and identify aggregates without mixing, segregating or contaminating different grades Specifications Page 39 of 60 100 of 167 or types of materials. Identify aggregate type/gradation. Handle the aggregates in a manner to minimize segregation and meet the specification requirements when recovered from storage. Continuously and uniformly sprinkle coarse aggregate with water, for 24 hours preceding introduction into the concrete mix. Timers may be used to facilitate the sprinkling of aggregate stockpiles using an alternating on/off method. However, in no event shall the top surface of the stockpile be permitted to become dry prior to batching of concrete. Moisture probes may be used to determine the moisture content of the aggregate. Ensure that the accuracy of the probe is certified annually and verified weekly. Maintain stored aggregates in a well -drained condition to minimize free water content. Provide access for the Engineer to sample the aggregates from the recovery side of the storage facility. C. Production, Mixing and Delivery of Concrete. 1. Concrete Production Requirements: a. Use concrete production facilities certified by the National Ready -Mixed Concrete Association (NRMCA) and approved by the FDOT. b. Produce concrete utilizing equipment that is in good operating condition and operated in a manner to ensure a consistent product. When moisture probes are not used, ensure that the concrete production facility determines the free moisture for the coarse and fine aggregates within two hours prior to each day's batching. On concrete placements expected to exceed three hours, perform an additional moisture test approximately half way through the batching operations and adjust batch proportions accordingly. c. Ensure that the calibration of the measuring devices of the concrete production facilities meets the requirements of Chapter 531 of the Florida Statutes, and are in accordance with Chapter 9.2 of the FDOT Materials Manual. At least quarterly, ensure that all scales, meters and other weighing or measuring devices are checked for accuracy by a qualified representative of a scale company registered with the Bureau of Weights and Measures of the Florida Department of Agriculture. As an alternative, the producer may have this frequency identified in an FDOT approved QC plan. The accuracy of admixture measuring dispensers will be certified annually by the admixture supplier. d. When Volumetric Mixers are used for Category I applications, deliver concrete in accordance with the requirements of Volumetric Mixer Manufacturers Bureau (VMMB) and ensure that the vehicle has a VMMB registered rating plate. 2. Classes of Concrete: Classes of concrete to be used on the Project will be as specified in the Contract Documents or FDOT Section 346 when applicable. 3. Contractors Quality Control: Provide Engineer for approval a Quality Control (QC) plan to identity to the Department how quality will be ensured at the project site. During random inspections Engineer will use this document to verify that the construction of the Project is Project No. in agreement with the QC plan and the Contract Documents. 4. Concrete Mix Design: a. Before producing any concrete, submit the proposed mix design to Engineer on a form provided by the Department. Otherwise, the Department may accept applicable mix designs previously described in an FDOT approved QC plan. In any event, use only concrete mix designs having prior approval of the Engineer. b. Materials may be adjusted provided that the theoretical yield requirement of the approved mix design is met. Show all required original approved design mix data and batch adjustments and substituted material on a Department approved concrete delivery ticket. Engineer may disqualify any concrete production facility for non-compliance with specification requirements. 5. Delivery: a. For cast -in -place applications, the maximum allowable mixing and agitation time of concrete is 90 minutes. b. Furnish a delivery ticket on a form approved by the Department with each batch of concrete before unloading at the placement site. The delivery ticket shall be printed. Record material quantities incorporated into the mix on the delivery ticket. Ensure that the Batcher responsible for producing the concrete certifies that the batch was produced in accordance with these Specifications and signs the delivery ticket. Contractor must sign the delivery ticket certifying that the concrete was batched, delivered and placed in accordance with these Specifications. c. The Contractor is responsible for rejecting loads of concrete that do not meet the plastic properties of the approved mix design or the minimum compressive strength requirements. d. At the sole option of the Department, the Engineer may accept concrete at a reduced pay when it is determined that the concrete will serve its intended function. 6. Placing Concrete: a. Concreting in Cold Weather: 1) Do not place concrete when the temperature of the concrete at placement is below 45°F. 2) Meet the air temperature requirements for mixing and placing concrete in cold weather as specified in FDOT Section 346. During the curing period, if NOAA predicts the ambient temperature to fall below 35OF for 12 hours or more or to fall below 30OF for more than 4 hours, enclose the structure in such a way that the concrete and air within the enclosure can be kept above 60OF for a period of 3 days after placing the concrete or until the concrete reaches a minimum compressive strength of 1,500 psi. 3) Assume all risks connected with the placing and curing of concrete. Although Engineer may give permission to place concrete, Contractor is responsible for satisfactory results. If the placed Specifications Page 40 of 60 101 of 167 concrete is determined to be unsatisfactory, remove, dispose of, and replace the concrete at no expense to the County. b. Concreting in Hot Weather: 1) Meet the temperature requirements and special measures for mixing and placing concrete in hot weather as specified in FDOT Section 346. 2) When the temperature of the concrete as placed exceeds 75°F, incorporate in the concrete mix a water -reducing retarder or water reducer if allowed by FDOT Section 346. c. Spray reinforcing steel and metal forms with cool fresh water just prior to placing the concrete in a method approved by the Engineer. d. Assume all risks connected with the placing and curing of concrete. Although Engineer may give permission to place concrete, Contractor is responsible for satisfactory results. If the placed concrete is determined to be unsatisfactory, remove, dispose of, and replace the concrete at no expense to the County. 7. Mixers: Ensure that mixers are capable of combining the components of concrete into thoroughly mixed and uniform mass, free from balls or lumps of cementitious materials, and capable of discharging the concrete uniformly. Operate concrete mixers at speeds per the manufacturer's design. Do not exceed the manufacturer's rated capacity for the volume of mixed concrete in the mixer, mixing drum, or container. 8. Small Quantities of Concrete: With approval of the Engineer, small quantities of concrete, less than 3 yd3 placed in one day and less than 0.5 yd3 placed in a single placement may be accepted using a pre -bagged mixture. The Department may verify that the pre -bagged mixture is prepared in accordance with the manufacturer's recommendations and will meet the requirements of this Specification. 9. Sampling and Testing: a. Category 1: Engineer may sample and test the concrete at his discretion to verify its quality. The minimum 28 day compressive strength requirement for this concrete is 3,000 psi. b. Category 2: Provide a statement of certification from the manufacturer of the precast element that the element meets the quality control and inspection testing requirements of the Contract Documents. c. Category 3: The Department will randomly select a sample from each 200 yd3 or one day's production to determine plastic properties and to make three 4 x 8 inch cylinders for testing by the Department at 28 days to ensure that the design compressive strength has been met. The Department may, at its discretion, test additional concrete samples to ensure compliance with the Specifications. 10. Records: Maintain the following records for review for at least 3 years after final acceptance of the Project: a. Approved concrete mix designs. b. Materials source (delivery tickets, certifications, certified mill test reports). Project No. c. A copy of the scale company or testing agency report showing the observed deviations from quantities checked during calibration of the scales and meters. d. A copy of the documentation certifying the admixture weighing/measuring devices. e. For non structural concrete, the Department will accept recent NRMCA, VMMB or FDOT inspection records certifying the plant or truck can produce concrete. In addition, documentation will be available at the plant or in the truck showing that action has been taken to correct deficiencies noted during the inspections. D. Acceptance of the Work. 1. Category 1 Work: Category 1 work will be accepted based upon compliance with Production, Mixing and Delivery Requirements specified in herein. 2. Category 2 Work: Precast elements will be accepted based upon certification from the Contractor that the elements were produced by a production facility on the FDOT's current approved plant list. In addition, the producers QC stamp will be displayed on the element. 3. Category 3 Work: Category 3 work shall be in full compliance with this Specification, and with current FDOT Specifications, FDOT Section 346 and associated Contractor Quality Control (QC) specifications governing cast -in -place concrete. In addition, a Delivery Ticket as described in Subarticle 344-13.5 will be required for acceptance of the material at the Project site. E. Method of Measurement. 1. The quantities to be paid for will be the concrete items having awarded Contract Prices that are completed and accepted by Engineer. F. Basis of Payment. 1. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. G. Basis of Payment. 1. When the item of Concrete is included in the Contract, payment will be made at the Contract unit price per cubic yard. Such price and payment will include all cost of the mixture, in place and accepted, determined as specified above. No measurement and payment will be made for material placed outside the neat line limits or outside the adjusted limits, or for unused or wasted material. 2. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. Specifications Project No. Page 41 of 60 102 of 167 DIVISION 400 STRUCTURES 425 INLETS, MANHOLES AND JUNCTION BOXES (SECTION 425) A. Page 417, Subarticle 425-6.6 - Placing Pipe; The third sentence of this sub -article is modified to read: 1. When catch basins are called for, the inlet and outlet pipe may extend into the structure not to exceed 4 inches beyond the interior face of the wall. B. Page 417, Subarticle 425-6.7 Backflling; is modified to include the following: 1. Select material shall be used for backfill adjacent to catch basins and riser inlets, as detailed in the Plans. It shall consist of well -graded limerock or limerock and sand fill. Sand or fill having a high proportion of sand will not be accepted as select fill. All select fill shall be approved by the Engineer prior to placing. No separate payment will be made for select fill, but shall be included in the unit bid price for each particular item as indicated in the Bid Form of the Proposal. C. Page 417, Subarticle 425-8.2 - Adjusted Structures; is expanded to include the following: 1. Upon completion of the work, and prior to acceptance and final payment, all such structures will be inspected by the Engineer to ensure that they are free of all debris and thoroughly cleaned. All drainage structures within the project limits shall be cleaned thoroughly and made free of all debris prior to final acceptance by the County. The Contractor shall include within the scheduled items listed on the Contract's Bid Form, the cost of all work necessary for cleaning and debris removal. D. Page 418, Subarticle 425-8.3 — Payment Items; is expanded to include the following: 1. When a separate item is listed on the Bid Form for cleaning of structures, said item shall only be used when indicated on the Engineering Plans or as directed by the Engineer, and only for the cleaning of drainage structures that were not impacted by construction activities. 42SAADJUSTMENT OR RELOCATION OF VALVE, METER AND JUNCTION BOXES t . The work under these pay items includes any adjustments (raising or lowering) of existing boxes or fire hydrants. When relocation of the box is required, the Contractor shall make all necessary arrangements with the utility companies, as the utility companies are responsible to relocate the valves and meters and valve and meter boxes. ?. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. 430 PIPE CULVERTS (REV. 03-14-13) A. Description. 1. Furnish and install drainage pipe and end sections at the locations called for in the Plans or as directed by Engineer. Furnish and construct joints and connections to existing pipes, catch basins, inlets, manholes, walls, etc., as may be required to complete the work. 2. Construct structural plate pipe culverts or underdrains in accordance with FDOT Sections 435 and 440. 3. Obtain pipe culverts from a Producer currently on the FDOT's list of Producers with Accepted Quality Control Programs. Producers seeking inclusion on the list shall meet the requirements of FDOT 105-3. 4. When the producer's FDOT Quality Control Program is suspended, accept responsibility of either obtaining drainage products from another producer with an accepted FDOT Quality Control Program or await re - approval of the producer's FDOT Quality Control Program. Engineer will not allow changes in Contract Time or completion dates as a result of the producer's FDOT Quality Control Program suspension. Accept responsibility for all delay costs or other costs associated with the producers FDOT Quality Control Program suspension. B. Materials. Specifications Page 42 of 60 103 of 167 1. Pipe: Meet the following requirements: Concrete Pipe. FDOT Section 449 Round Rubber Gaskets FDOT Section 942 Corrugated Steel Pipe and Pipe FDOT Section 943 Arch Corrugated Aluminum Pipe and FDOT Section 945 Pipe Arch Corrugated Polyethylene Pipe FDOT Section 948 Polyvinyl Chloride (PVC) Pipe FDOT Section 948 2. Joint Materials: Use joint materials specified in this Article according to type of pipe and conditions of usage. 3. Mortar: Use mortar composed of one part portland cement and two parts of clean, sharp sand, to which mixture Contractor may add hydrated lime in an amount not to exceed 15% of the cement content. Use mortar within 30 minutes after its preparation. C. Type of Pipe to Be Used. 1. When the Plans designate a type (or types) of pipe, use only the type (or choose from the types) designated. Project No. 2. If the Plans do not designate a type (or types) of pipe, Contractor, subject to Engineer's approval, may use either a minimum Class I concrete pipe, corrugated steel pipe, corrugated aluminum pipe, corrugated polyethylene pipe or PVC pipe. If one of the metal types is chosen, use the minimum gage specified in FDOT Section 943 for steel pipe or FDOT Section 945 for aluminum pipe. 3. Class I corrugated Polyethylene Pipe may be used on local (non -arterial or non -collector) roads only. D. Laying Pipe. 1. General: a. Lay all pipe, true to the lines and grades given, with hubs upgrade and tongue end fully entered into the hub. When pipe with quadrant reinforcement or circular pipe with elliptical reinforcement is used, install the pipe in a position such that the manufacturer's marks designating "top" and "bottom" of the pipe are not more than five degrees from the vertical plane through the longitudinal axis of the pipe. Do not allow departure from and return to plan alignment and grade to exceed 1/16 inch per foot of nominal pipe length, with a total of not more than 1 inch departure from theoretical line and grade. Take up and relay any pipe that is not in true alignment or which shows any settlement after laying at no additional expense to the Department. b. Do not use concrete pipe with lift holes except round pipe which has an inside diameter in excess of 54 inches or any elliptical pipe. c. Repair lift holes, if present, by use of a hand -placed, stiff, non -shrink, 1-to-1 mortar of cement and fine sand, after first washing out the hole with water. Completely fill the void created by the lift hole with mortar. Cover the repaired area with a 24 by 24 inches piece of filter fabric secured to the pipe. Use a Type D- 3 filter fabric meeting the requirements shown on FDOT Design Standards, Index 199 and the Contract Documents. d. Secure the filter fabric to the pipe using a method that holds the fabric in place until the backfill is placed and compacted. Use a grout mixtures, mastics, or strapping devices to secure the fabric to the pipe. e. When installing pipes in structures, construct inlet and outlet pipes of the same size and kind as the connecting pipe shown in the Plans. Extend the pipes through the walls for a distance beyond the outside surface sufficient for the intended connections, and construct the concrete around them neatly to prevent leakage along their outer surface as shown on the FDOT Design Standards, Index 201. Keep the inlet and outlet pipes flush with the inside of the wall. Resilient connectors as specified in FDOT 942-3 may be used in lieu of a masonry seal. f. Furnish and install a filter fabric jacket around all pipe joints and the joint between the pipe and the structure in accordance with FDOT Design Standards, Index Nos. 201 and 280. Use fabric meeting the physical requirements of Type D-3 specified on the FDOT Design Standards, Index 199 and the Contract Documents. The fabric shall extend a minimum of 12 Specifications Page 43 of 60 104 of 167 inches beyond each side of the joint or both edges of the coupling band, if a coupling band is used. The fabric shall have a minimum width of 24 inches, and a length sufficient to provide a minimum overlap of 24 inches. Secure the filter fabric jacket against the outside of the pipe by metal or plastic strapping or by other methods approved by Engineer. g. Meet the following minimum joint standards: Pipe Application Minimum Standard Storm and Cross Drains Water -tight Gutter Drain Water -tight Side Drains Soil -tight h. When rubber gaskets are to be installed in the pipe joint, the gasket shall be the sole element relied on to maintain a tight joint. Soil tight joints must be watertight to 2 psi. Water -tight joints must be water- tight to 5 psi unless a higher pressure rating is required in the Plans. 2. Trench Excavation: Excavate the trench for storm and cross drains, and side drains as specified in the Contract Documents. 3. Foundation: Provide a suitable foundation, where the foundation material is of inadequate supporting value, as determined by Engineer. Remove the unsuitable material and replace it with suitable material, as specified in Article 120 (Earthwork and Related Operations) of these Specifications. Where in Engineer's opinion, the removal and replacement of unsuitable material is not practicable, he may direct alternates in the design of the pipe line, as required to provide adequate support. Minor changes in the grade or alignment will not be considered as an adequate basis for extra compensation. Do not lay pipe on blocks or timbers, or on other unyielding material, except where the use of such devices is called for in the Plans. 4. Backfilling: Backfill around the pipe as specified in Article 120 (Earthwork and Related Operations) of these Specifications unless specific backfilling procedures are described in the Contract Documents. 5. Plugging Pipe: a. When existing pipe culverts are to be permanently placed out of service, fill them with flowable fill that is non-excavatable, contains a minimum 350 Ibs/cy of cementious material and meets the requirements Article 121 (Flowable Fill) and/or plug them with masonry plugs as required by the Contract Documents. Install masonry plugs that are a minimum of 8 inches in thickness, in accordance with FDOT Design Standards Index 280. b. When proposed or existing pipe culverts are to be temporarily placed out of service, plug them with prefabricated plugs as shown in the Plans. Install prefabricated plugs in accordance with the manufacturer's recommendations. Do not fill, or construct masonry plugs in, any pipe culverts intended for current or future service. 6. End Treatment: a. Place an end treatment at each storm and cross drain, and side drain as shown in the Plans. Refer to the Project No. FDOT Design Standards for types of end treatment details. b. As an exception to the above, when concrete mitered end sections are permitted, Contractor may use reinforced concrete U-endwalls, if shop drawings are submitted to Engineer for approval prior to use. c. Provide end treatments for corrugated polyethylene pipe and PVC pipe as specified in FDOT Section 948, or as detailed in the Plans. 7. Metal Pipe Protection: a. Apply a bituminous coating to the surface area of the pipe within and 12 inches beyond the concrete or mortar seal prior to sealing, to protect corrugated steel or aluminum pipe embedded in a concrete structure, such as an inlet, manhole, junction box, endwall, or concrete jacket. b. Ensure that the surface preparation, application methods (dry film thickness and conditions during application), and equipment used are in accordance with the coating manufacturers' published specifications. c. Obtain Engineer's approval of the coating products used. 8. Final Pipe Inspection: a. Based on contract pavement type, upon completion of placement of concrete pavement or the placement of structural asphalt, but prior to placement of asphalt friction course, dewater installed pipe and provide Engineer with a video recording schedule allowing for pipe videoing and reports to be completed and submitted to the Department and reviewed prior to continuation of pavement. b. For pipe 48 inches or less in -diameter, provide Engineer a video DVD and report using low barrel distortion video equipment with laser profile technology, non -contact video micrometer and associated software that provides: 1) Actual recorded length and width measurements of all cracks within the pipe. 2) Actual recorded separation measurement of all pipe joints. 3) Pipe ovality report. 4) Deflection measurements and graphical diameter analysis report in terms of x and y axis. 5) Flat analysis report. 6) Representative diameter of pipe. 7) Pipe deformation measurements, leaks, debris, or other damage or defects. 8) Deviation in pipe line and grade, joint gaps, and joint misalignment. c. Laser profiling and measurement technology must be certified by the company performing the work to be in compliance with the calibration criteria posted at: http://www.dot.state.fl.us/construction/contractodssues /laser.shtm. Reports may be submitted in electronic media if approved by Engineer. Specifications Page 44 of 60 105 of 167 d. For video recorded, laser profiled pipe that indicates deflection that appears to be in excess of that allowed by Specification, Engineer may require further testing of the pipe. If directed by Engineer, test pipe using a mandrel. The mandrel shall be pulled by hand and be approved by Engineer prior to use. If use of a mandrel is selected as the means of further testing, the mandrel's diameter, length, and other requirements shall conform to Subarticle 430-D.8.g below. Remove, replace, and retest pipe failing to meet the specific deflection requirements for the type of pipe installed, at no cost to the Department. Should the deflection test prove that the pipe met specifications, the Department will bear the cost of the deflection testing. e. Engineer may waive this requirement for side drains and cross drains which are short enough to inspect from each end of the pipe. f. Video Report: 1) Provide a high quality DVD in a MPEG2 format video with a standard resolution of 720 x 480. Use a camera with lighting suitable to allow a clear picture of the entire periphery of the pipe. Center the camera in the pipe both vertically and horizontally and be able to pan and tilt to a 90 degree angle with the axis of the pipe and rotating 360 degrees. Use equipment to move the camera through the pipe that will not obstruct the camera's view or interfere with proper documentation of the pipe's condition. 2) The video image shall be clear, focused, and relatively free from roll, static, or other image distortion qualities that would prevent the reviewer from evaluating the condition of the pipe. The video will include identification before each section of pipe filmed. The identification will include the project number, the structure number corresponding to the structure number on the set of plans for the project, size of pipe, the date and time, and indicate which pipe is being filmed if multiple pipes are connected to the structure. Notes should be taken during the video recording process. Provide Engineer with copies of these notes along with the video. 3) Move the camera through the pipe at a speed not greater than 30 feet per minute. Mark the video with the distance down the pipe. The distance shall have an accuracy of one foot per 100 feet. Film the entire circumference at each joint. Stop the camera and pan when necessary to document defects. Mandrels: Use mandrels which are rigid, nonadjustable, odd -numbered legged (minimum 9 legs) having a length not less than its nominal diameter. The diameter at any point shall not be less than the allowed percent deflection of the certified actual mean diameter of the pipe being tested. The mandrel shall be fabricated of metal, fitted with pulling rings at each end, stamped or engraved on some segment other than a runner with the nominal pipe size and mandrel outside diameter. E. Removing Existing Pipe. Project No. 1. If the Plans indicate that existing pipe is to remain the property of the Department, collect and stack along the right-of-way all existing pipe or pipe arch so indicated in the Plans to be removed, or that does not conform to the lines and grades of the proposed work and that is not to be re-laid, as directed by Engineer. Take care to prevent damage to salvageable pipe during removal and stacking operations. F. Specific Requirements for Concrete Pipe. 1. Sealing Joints: Seal the pipe joints with round rubber or profile gaskets meeting the requirements of FDOT Section 449. Ensure that the gasket and the surface of the pipe joint, including the gasket recess, are clean and free from grit, dirt and other foreign matter, at the time the joints are made. In order to facilitate closure of the joint, application of a vegetable soap lubricant immediately before closing of the joint will be permitted. Prelubricated gaskets may be used in lieu of a vegetable soap lubricant when the lubricating material is certified to be inert with respect to the rubber material. 2. Laying Requirements for Concrete Pipe with Rubber Gasket Joints: Do not allow the gap between sections of pipe to exceed 5/8 inch for pipe diameters of 12 inches through 18 inches, 7/8 inch for pipe diameters of 24 through 66 inches, and 1 inch for pipe diameters 72 inches and larger. Where minor imperfections in the manufacture of the pipe create an apparent gap in excess of the tabulated gap, Engineer will accept the joint provided that the imperfection does not exceed 1/3 the circumference of the pipe, and the rubber gasket is 1/4 inch or more past the pipe joint entrance taper. Where concrete pipes are outside of these tolerances, replace them at no expense to the Department. Do not apply mortar, joint compound, or other filler to the gap which would restrict the flexibility of the joint. 3. Field Joints for Elliptical Concrete Pipe: Use either a preformed plastic gasket material or an approved rubber gasket to make a field joint. a. Plastic Gasket. For field joints that are made from preformed plastic gasket material; install field joints in accordance with the manufacturer's instructions and the following: 1) Material: Meet the requirements of FDOT 942-2. and the groove joint, in accordance with the detail shown on the Design Standards, Index No. 280. Do not remove the paper wrapper on the exterior surface of the gasket material until immediately prior to joining of sections. Apply plastic gasket material only to surfaces which are dry. When the atmospheric temperature is below 60°F, either store plastic joint seal gaskets in an area above 70°F, or artificially warm the gaskets to 70OF in a manner satisfactory to Engineer. 5) Installation of Pipe: Remove and reposition or replace any displaced or contaminated gasket as directed by Engineer. Install the pipe in a dry trench. Carefully shape the bottom of the trench to minimize the need for realignment of sections of pipe after they are placed in the trench. Hold to a minimum any realignment of a joint after the gaskets come into contact. Prior to joining the pipes, fill the entire joint with gasket material and ensure that when the pipes are joined there is evidence of squeeze -out of gasket material for the entire internal and external circumference of the joint. Trim excess material on the interior of the pipe to provide a smooth interior surface. If a joint is defective, remove the leading section of pipe and reseal the joint. b. Rubber Gasket. For field joints that are made with profile rubber gaskets; install field joints in accordance with the manufacturer's instructions and the following: 1) Material: Meet the requirements of FDOT 942-4. 2) Joint Design: Ensure that the pipe manufacturer furnishes Engineer with details regarding configuration of the joint and gasket required to effect a satisfactory seal. Do not apply mortar, joint compound, or other filler which would restrict the flexibility of the gasket joint. 4. Requirements for Concrete Radius Pipe: a. Design: Construct concrete radius pipe in segments not longer than 4 feet (along the pipe centerline), except where another length is called for in the Contract Documents. Join each segment using round rubber gaskets. Ensure that the pipe manufacturer submits details of the proposed joint, segment length and shape for approval by Engineer, prior to manufacture. 2) Joint Design: Ensure that the pipe manufacturer furnishes Engineer with details regarding b' configuration of the joint and the amount of gasket material required to affect a satisfactory seal. Do not brush or wipe joint surfaces which are to be in contact with the gasket material with a cement slung. Fill minor voids with cement slurry. 3) Primer: Apply a primer of the type recommended by the manufacturer of the gasket material to all joint surfaces which are to be in contact with the gasket material, prior to application of the gasket material. Thoroughly clean and dry the surface to be primed. 4) Application of Gasket: Apply gasket material to form a continuous gasket around the entire circumference of the leading edge of the tongue Pre -Assembly: Ensure that the manufacturer pre - assembles the entire radius section in his yard, in the presence of Engineer, to ensure a proper fit for all parts. At the option of the manufacturer, Contractor may assemble the pipe without gaskets. Consecutively number the joints on both the interior and exterior surfaces of each joint, and make match marks showing proper position of joints. Install the pipe at the project site in the same order as pre - assembly. G. Specific Requirements for Corrugated Metal Pipe. 1. Field Joints: a. General: Specifications Project No. Page 45 of 60 106 of 167 1) Make a field joint with locking bands, as specified in Article 9 of AASHTO M 36 and AASHTO M 196M for aluminum pipe. For aluminum pipe, fabricate bands from the same alloy as the culvert sheeting. 2) When existing pipe to be extended is helically fabricated, make a field joint between the existing pipe and the new pipe using one of the following methods: a) Cut the new pipe to remove one of the re -rolled annular end sections required in FDOT Sections 943 or 945, or fabricate the pipe so that the re - rolled annular section is fabricated only on one end. Use either a spiral (helical) band with a gasket or a flat band with gaskets as required by Subarticle 430-H.1.b.1) b) to join the pipe sections. b) Contractor may construct a concrete jacket as shown on the FDOT Design Standards, Index No. 280, provided that the minimum cover required by the FDOT Design Standards, Index No. 205 can be obtained. b. Side Drain, Storm and Cross Drain, and Gutter Drains: Where corrugated metal pipe is used as side drain, storm and cross drain, or gutter drain, use a rubber or neoprene gasket of a design shown to provide a joint as specified in Subarticle 430-D. 1) Use a gasket of one of the following dimensions: a) For annular joints with 1/2 inch depth corrugation: either a single gasket a minimum of 7 inches by 3/8 inch or two gaskets a minimum of 3 1/2 inches by 3/8 inch; and for annular joints with 1 inch depth corrugations: either a single gasket a minimum of 7 inches by 7/8 inch or two gaskets a minimum of 3 1/2 inches by 7/8 inch. b) For helical joints with 1/2 inch depth corrugation: either a single gasket a minimum of 5 inches by 1 inch or two gaskets a minimum of 3 1/2 inches by 1 inch; and for helical joints with 1 inch depth corrugations: either a single gasket a minimum of 5 inches by 1 1/2 inches or two gaskets a minimum of 3 1/2 inches by 1 1/2 inches. c) Such other gasket designs as may be approved by Engineer. 2) If, in lieu of a single gasket spanning the joint, two gaskets are used, place these individual gaskets approximately 2 inches from each pipe end at the joint. When two gaskets are used, seal the overlapping area on the coupling band between the gaskets consistent with the joint performance specified. Contractor may tuck a strip of preformed gasket material over the bottom lip of the band for this purpose. Use coupling bands that provide a minimum circumferential overlap of 3 inches. As the end connections on the coupling band are tightened, ensure that there is no local bending of the band or the connection. Use precurved coupling bands on pipe diameters of 24 inches or less. Specifications Page 46 of 60 107 of 167 3) Use flat gaskets meeting the requirements of ASTM D-1056, designation 2C2 or 283. In placing flat gaskets on pipe prior to placing the coupling band, do not stretch the gasket more than 15% of its original circumference. Use circular gaskets meeting the requirements of ASTM C-361. Do not stretch the circular gasket more than 20% of its original circumference in placing the gasket on pipe. Use preformed plastic gasket material meeting the composition requirements of FDOT 942-2.2. 4) Apply an approved vegetable soap lubricant, as specified for concrete pipe in Subarticle 430-G.1. c. Alternate Joint: In lieu of the above -specified combination of locking bands and flat gaskets, Contractor may make field joints for these pipe installations by the following combinations: 1) Use the metal bands as specified in Article 9 of AASHTO M 36M that are at least 10 1/2 inches wide and consist of a flat central section with a corrugated section near each end, designed to match the annular corrugation in the pipe with which they are to be used. Connect the bands in a manner approved by Engineer, with a suitable fastening device such as the use of two galvanized 1/2 inch diameter bolts through a galvanized bar and galvanized strap, suitably welded to the band. Use a strap that is the same gage as the band. 2) Where helically corrugated pipe is to be jointed by this alternate combination, ensure that at least the last two corrugations of each pipe section are annular, and designed such that the band will engage each pipe end with the next -to -outside annular corrugation. 3) For these bands, use a rubber gasket with a circular cross-section of the "O-ring" type conforming to ASTM C-361. Use gaskets having the following cross -sectional diameter for the given size of pipe: Pipe Size Gasket Diameter 12 inches through 36 inches 13/16 inch (with 1/2 inch depth corrugations) 42 inches through 96 inches 7/8 inch (with 1/2 inch depth corrugations) 36 inches through 120 inches 1 3/8 inches (with 1 inch depth corrugations) 4) Use preformed gasket material to seal the overlapping area on the coupling band between gaskets. 5) Use channel band couplers in helical pipe with ends which have been reformed and flanged specifically to receive these bands. Use channel band couplers that are of a two piece design, are fabricated from galvanized steel stock conforming to AASHTO M 36, have 2 by 2 by 3/16 inch angles fastened to the band ends to allow for proper tightening, and meet the following: Band Thickness I Pipe Wall Thickness Project No. 0.079 inch 0.109 inch or lighter 0.109 inch 0.138 inch or heavier 3/4 inch wide 0.109 inch or lighter 1 inch wide 0.138 inch or heavier 6) Furnish two 1/2-inch diameter connection bolts with each band, that conform to ASTM A-307, Grade A and are electroplated in accordance with ASTM B-633. 7) Use a gasket with the joint that is a hydrocarbon blend of butyl rubber meeting the chemical composition and physical properties of FDOT 942- 2.2. Use a 318 by 3/4-inch gasket for pipe fabricated from 0.109 inch or lighter material and a 3/8 by 1 inch gasket for pipe fabricated from 0.138 inch and heavier material. 8) Contractor may use a flange band coupler without the gasket for all applications other than side drain, storm and cross drain, and gutter drain. 9) Do not use the flange band coupler to join dissimilar types of pipe. 10)Contractor may join reformed flanged helical pipe to existing annular or reformed pipe having annular ends. On non-gasketed installations, use either an annular band or an alternate joint described in Subarticle 430-H.1.c. On gasketed installations, use an annular band, minimum of five corrugations in width, in conjunction with two O-ring gaskets as specified in Subarticle 430-H.1.c. Use mastic material to seal the area of band overlap. 11)The minimum joint performance standards specified in Subarticle 430-D.1 apply. 2. Laying and Shape Requirements for Corrugated Metal Pipe: Install pipe using either a trench or open ditch procedure. a. Check pipe shape regularly during backfilling to verify acceptability of the construction method used. Pipe deflected 5% or more of the certified actual mean diameter of the pipe at final inspection shall be replaced at no cost to the Department. Deflection measurements are taken at the point of smallest diameter on the corrugations. H. Specific Requirements for Corrugated Polyethylene Pipe and Polyvinyl Chloride (PVC) Pipe. 1. Field Joints: Use gasketed joints to seal side drain, and storm and cross drain. Use gaskets meeting the requirements of FDOT Section 449. Ensure that the pipe manufacturer provides a joint design approved by Engineer before use. 2. Installation Requirements Including Trenching, Foundation and Backfilling Operations: Check structure shape regularly during backfilling to verify acceptability of the construction method used. 3. Pipe deflected 5% or more of the certified actual mean diameter of the pipe at final inspection shall be replaced at no cost to the Department. Specifications Page 47 of 60 108 of 167 I. Desilting Pipe Culverts, Box Culverts, and Inlet Structures. 1. Description. Completely remove and dispose of sill, debris, vegetation, soil, rock, and any type of blockage inside existing pipe culvert(s), box culvert(s) or inlet structure(s) specified in the Contract Documents or directed by Engineer. 2. General. a. Access to the pipe or box culvert may require temporary removal of fence, signs, guardrail, grates or manhole covers. b. Clean the existing pipe or box culvert by completely removing all of the silt, debris, vegetation, soil, rock, and any type of blockage to restore the hydraulic conveyance design capacity of the pipe or box culvert. c. Clean the existing inlet structure by completely removing all of the silt, debris, vegetation, soil, rock, and any type of blockage. d. Perform desilting operations in a manner not to damage the pipe culverts, box culverts, and inlet structures or surrounding area. e. Meet the requirements of Federal, State and local environmental standards and laws when performing all activities. f. Meet the requirements of Article 104 of these Specifications (Prevention, Control, and Abatement of Erosion and Water Pollution). g. Identify and report to Engineer necessary repairs to the pipes or box culverts and structures exposed during the desilting operation. h. Pipe or Box Culverts: 1) Replace according to Department standards at the completion of the desilting operation or each day, as appropriate for safety. 2) Align infall and outfall ditches 50 feet from the pipe or box culvert to meet the existing line and grade. If the Right -of -Way line is less than 50 feet from the pipe or box culvert, align infall and outfall ditches to the Right -of -Way line. Grade and sod any disturbed areas caused by the desilting operation. 3) Dispose of all silt and debris removed in the desilting operations in areas meeting Federal, State and local rules and regulations. 4) Repair or replace damage to turf, pavement, signs or structures, etc. due to negligence to the satisfaction of Engineer at no additional cost to the Department. Complete repairs prior to submission of the invoice for work accomplished. 3. Inspection. a. When directed by Engineer, de -water the pipe or box culvert to facilitate inspection- b. Re -clean culverts and structures determined to be unacceptable by Engineer within the time directed at no additional cost to the Department. J. Method of Measurement. Project No. 1. General: a. The quantity to be paid for will be the number completed pursuant to these specifications that is measured and accepted by Engineer. b. Only items of work required by this Article that have a Contract Unit Price will be measured by Engineer for payment. All other work described in this Article that is required by the Contract Documents but does not have a Contract Unit Price is considered incidental to the Work and its costs are included among the various scheduled items of the Contract. 2. New Pipe: The quantities of storm and cross drain pipe, storm drain trench, side drain pipe and gutter drain pipe to be paid for will be quantity, measured in place and accepted by Engineer. The quantity of pipe will be measured from the inside wall of the structure, along the centerline of the pipe. 3. Mitered End Section: The quantity to be paid for will be the number completed and accepted. 4. Desilting Pipe Culverts, Box Culverts, and Inlet Structures: a. General: 1) The cost of temporary removal and subsequent replacement of fence, signs, guardrail, grates or manhole covers will be included in the contract unit price for the related item. 2) Infall and outfall ditch alignment, grading and sodding will be included in the contract unit price of the related item. 3) Pipes or structures that are impacted by the Work must be cleaned at no cost to the County and will not be measured for payment. b. Desilting Pipe Culverts: The quantities for payment will be the length in feet of existing pipe desilted and accepted by Engineer. c. Desilting Box Culverts: The quantities for payment will be the volume in cubic yard of material removed from the existing box culvert as measured and accepted by Engineer. d. Desilting Inlet Structures: The quantities for payment will be the number of existing Inlet Structures desilted and cleaned as counted and accepted by Engineer. K. Basis of Payment. 1. General: a. Prices and payments will be full compensation for all work specified in this Article including: 1) All excavation except the volume included in the items for the grading work on the Project, and except for other items specified for separate payment in Article 120 (Earthwork And Related Operations) of these Specifications; 2) All backfilling material and compaction; disposal of surplus material; and 3) All clearing and grubbing outside of the required limits of clearing and grubbing as shown in the Plans. 2. Removing Existing Pipe: When existing pipe is removed and replaced with new pipe approximately at the same location, the cost of excavating and removing the old pipe and of its disposal will be included in the Contract unit price for clearing and grubbing. 3. Site Restoration: The cost of completely restoring the areas of the Project Site that is disturbed for the purpose of constructing pipe culvert is included in the Contract unit price for the pipe culvert, unless designated specifically to be paid for under other items. 4. Plugging Pipes: a. The cost of temporarily plugging a pipe culvert, either proposed or existing, will be incidental to the contract unit price for new pipe culvert. b. The cost of filling and/or plugging an existing pipe culvert that is to be permanently placed out of service will be paid for at the contract unit price for filling and plugging pipe, per cubic yard. Price and payment will be full compensation for flowable fill, masonry, concrete, mortar, and all labor and materials necessary to complete the work. 5. Payment Items: a. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. 443 FRENCH DRAINS Specifications Page 48 of 60 109 of 167 A. Description. 1. Construct french drains, utilizing one of the authorized types of pipes listed below, with coarse aggregate, and plastic filter fabric (geotextile). Construct in accordance with FDOT Design Standards, Index No. 285 as modified by or otherwise specified in the Contract Documents. B. Materials. 1. Pipe: Unless a particular type is specified in the Contract Documents, pipe furnished may be any of the following types: a. Concrete Pipe (Bell & Spigot): Slotted or perforated concrete pipe may be used. 1) Meet the requirements of FDOT 449 for concrete pipe. Use the class of pipe specified on the FDOT Design Standards, Index No. 205. Do not use gaskets. Fully insert the spigot in the bell, and bring home. Conform to FDOT Design Standards, Index No. 285 for slotted pipe. Use perforated pipe Project No. having perforations equally located 360 degrees around the pipe. 2) Furnish pipe having not less than 30 round perforations, 3/8 inch each, per square foot of inside pipe surface. Extend perforations to within 6 inches of the bell or spigot area. The Engineer will permit other perforations not less than 5/16 inch nor more than 3/8 inch in the least dimension if they provide an opening area not less than 3.31 in2/ft2 of pipe surface. b. Corrugated Aluminum Alloy Culvert Perforated Pipe: 1) Meet the requirements of FDOT 945. Use perforated pipe having perforations equally located 360 degrees around the pipe. Locate perforations either on the inside crests or on the neutral axis of all corrugations except that perforations are not required within 4 inches of each end of each length of pipe or in a corrugation where seams are located. 2) Furnish pipe having not less than 30 round perforations, 3/8 inch each, per square foot of pipe surface. The Engineer will permit other perforations not less than 5/16 inch nor more than 3/8 inch in the least dimension if they provide an opening area not less than 3.31 in2/ft2 of pipe surface. c. Corrugated Steel Perforated Pipe: Meet the requirements of FDOT 943. Space the perforations and meet the requirements as specified in b. 2) above. d. Bituminous Coated Corrugated Steel Perforated Pipe: Meet the requirements of FDOT 943. Space the perforations and meet the requirements as specified in b. 2) above. Place the perforations prior to the bituminous coating. The Engineer will accept the minimum opening of not less than 3.31 in2/ft2 of pipe if 50% of the opening area is maintained after coating. e. Corrugated Polyethylene Pipe: 1) Meet the requirements of FDOT 948-2.3 except that Class I corrugated Polyethylene Pipe may only be used on local roads (non -arterial or non - collector). 2) Space the perforations and meet the requirements as specified in b. 2) above. f. Polyvinyl Chloride (PVC) Pipe: Meet the requirements of FDOT 948-1.7. Space the perforations and meet the requirements as specified in b. 2) above. 2. Coarse Aggregate: No. 4 limestone aggregate meeting the requirements of FDOT 901. Aggregates must be an approved product from an approved source listed on the current FDOT Approved Aggregate Products from Mines or Terminals Listings. 3. Select Fill: Use select fill meeting the requirements of either FDOT 911, 913, 913A or 915. C. Excavating Trench. 1. Excavate the trench in accordance with the Contract specifications for Earthwork and Related Operations (hereinafter referred to as Earthwork specifications) Specifications Page 49 of 60 110 of 167 unless specific trench excavation procedures are described in the Plans. 2. Carefully excavate the trench to such depths as required to permit the filter fabric, coarse aggregate and the pipe to be placed in accordance with the details shown on the Plans. D. Laying Pipe. 1. Lay all pipe conforming with the lines and grades specified in the plans and in accordance with these Specifications. Unless otherwise specified in the Plans or directed by the Engineer, set the pipe with a minimum cover of 30 inches in paved areas (24 inches for non - paved areas) and a maximum cover of 66 inches. E. Placing Coarse Aggregate and Backfilling. 1. After placing the pipe and without disturbing the pipe, carefully place the coarse aggregate around the pipe to a depth shown in the plans. Fold the filter fabric over the coarse aggregate. Backfill and compact as described below. a. French Drains Under Pavement: Fill the area above the coarse aggregate with select fill material meeting the requirements of this Section. Place and compact the select fill according to the requirements for pipe as specified in the Earthwork specifications. The Department will allow use of additional coarse aggregate over the top of the pipe instead of select fill material. In this case, the filter fabric shall be extended to wrap the additional course aggregate. The top of the coarse aggregate shall not be higher than the bottom of the base, unless shown in the plans. The Department will not pay additional costs associated with substituting coarse aggregate for select fill. b. French Drains not Under Pavement: Fill and compact the area above the coarse aggregate according to the requirements for pipe in the Earthwork specifications, unless specific procedures are described in the Plans as specified in the Earthwork specifications. F. Method of Measurement. 1. Quantity of french drains to be paid for under this Article shall be the length in linear feet completed in accordance with Plans and specifications; measured in place and accepted by the Engineer subject to the following conditions: a. French drain lengths having a depth of trench less than 10 feet below land surface (BLS) will not be accepted for payment by the Engineer. b. For french drains with specified depth of trench of 15 feet BLS or greater, any length not meeting the specified depth for reasons approved by the Engineer will have the payment quantity calculated as: 1) Quantity for Payment (LF) = Quantity Measured by the Engineer (LF) x Engineer Approved Depth Rounded to the Lowest Whole Foot (ft) / Specified Depth (ft) G. Basis of Payment. Project No. 1. The quantities determined as provided above will be paid for at the Contract unit price for french drains. Such prices and payments will be full compensation for all work, labor, equipment and material necessary for construction of the french drains as specified in these Contract Documents including excavation, sheeting or shoring if required, the disposal of surplus material, providing plastic filter fabric, pipe, course aggregate, select backfill, tamping, and final dressing. 2. Price and payment shall also include all clearing and grubbing; and pavement, sidewalk, curb, and gutter restoration unless these items are specifically provided for under separate payment items in this Contract. 3. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. Specifications Project No. Page 50 of 60 111 of 167 DIVISION 500 MISCELLANEOUS CONSTRUCTION 519 DRIVEWAY PAVEMENT (REV. 08-23-12) A. Description 1. Pursuant to the Contract Documents or as otherwise directed by the Engineer: a. Construct new asphalt concrete driveway approaches on public right-of-way. b. Restore existing asphalt or cement concrete driveways and approaches that have been authorized to be disturbed by the performance of the Work; and provide all other required labor, material and equipment necessary for complete restoration of the disturbed area. B. Materials 1. Meet the following requirements: Limerock FDOT Section 911 Concrete FDOT Section 350; Class I (Pavement) Hot Mix Asphalt (HMA) Per Article 334 of these Specifications Joint Seal FDOT Section 932 C. Preparation and Construction 1. General: a. Conform to applicable surface slope requirements of FDOT Index No. 304. b. Meet all applicable requirements of the Miami -Dade County Public Works Manual. c. Perform any required clearing and grubbing under Article 110 of these Specifications. d. Remove or add any additional subgrade material necessary to meet final surface elevation requirements after construction of a new limerock base and pavement of the thicknesses specified below. e. Provide a new six inch limerock base; or greater if needed to match existing. Build up in layers not to exceed three inches and compact each layer to obtain a minimum density of 98% of modified Proctor maximum density as determined by FM 1-T 180, Method D. f. Maintain the area of excavation in a safe condition and level with the surrounding pavement until work is complete. g. Furnish and place all materials; construct all forms, joints, bracing, expansion joint materials, and accessories; apply required surface finishes; and all required clearing and grubbing, excavation and backfilling. h. Remove all remaining excess material, dirt, and other debris from the roadways immediately after all construction or restoration of pavement under this Article has been completed. 2. Cement Concrete Pavement: a. Concrete pavement for driveways, driveway aprons and sidewalk across driveways must be a minimum thickness of six inches. Materials and construction must conform to the requirements of FDOT Section 350. b. Form a '/2 inch expansion joint between the sidewalk and the driveway or at fixed objects and driveway intersections. c. Finish surface of concrete to match existing pavement. 3. Asphalt Concrete Pavement: a. Construct a minimum one inch thick HMA pavement layer (Type SP-9.5) meeting the material and construction requirements of Article 334 of these Specifications. 4. Additional Requirements for Restoration of Pavement: a. Full -depth saw cut a smooth, straight, neat and square line along the entire width of damaged pavement that is to be restored. Immediately dispose of all excess debris properly. b. Restore sidewalks across driveways, cut or damaged by construction, in full sections concrete curb or gutter to the existing height and cross section in full sections or lengths between joints. D. Method of Measurement 1. The quantity to be paid for will be the area, in square yards, of approved driveway pavement constructed or restored in accordance with this Article, as measured and accepted by the Engineer. E. Basis of Payment 1. Price and payment will be full compensation for all work and materials specified in this Article. 2. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. 520 CONCRETE GUTTER, CURB ELEMENTS, AND TRAFFIC SEPARATOR (SECTION 520) A. Page 583, Article 520-1, Description: Is expanded to include the following: 1. The work specified under this section includes any type of curb and /or gutter in accordance with FDOT Design Standards for Design, Construction, Maintenance and Specifications Project No. Page 51 of 60 112 of 167 Utility Operations on the State Highway System 2008 and the Public Works Manual of Metropolitan Dade County (Standard Road Details R.14.1 and R.14.2) curb with or without gutter, driveway curbs, Type "C" median curb and Type "A" median curb, including the necessary preparation and compaction of the subgrade in both cut and fill areas, as well as backfilling, grading, excavation and final dressing required as directed by the Engineer. B. Page 583, Article 520-2, Materials: Is amended as follows: 1. Class I Concrete shall have a minimum compressive strength of 3,000 p.s.i. at 28 days. C. Page 591 Article 520-12, Basis of Payment: Is deleted in its entirety and replaced with the following: 1. The quantity of curb or curb and gutter, shall be paid for at the Contract unit price for the quantities completed and accepted by the Engineer and does not include ramp and sidewalk curb. Such price and payment shall be full compensation for all work specified under this Section, including the necessary preparation and compaction of the subgrade in both, cut and fill areas, as well as backfilling, grading, excavation and final dressing required as directed by the Engineer. 2. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. 5 75 SODDING A. Description. 1. Establish a stand of grass within the specified areas, by furnishing and placing sod, and rolling, watering, and maintaining the sodded areas to ensure a healthy stand of grass. B. Materials. Meet the following requirements: 1. Sod FDOT 981-2 2. Water FDOT Section 983 C. Construction Methods. 1. Preparation of Ground: Scarify or loosen the areas requiring sod to a depth of 6 inches. On areas where the soil is sufficiently loose, particularly on shoulders and fill slopes, the Engineer may authorize the elimination of the ground preparation. Limit preparation to those areas Specifications Page 52 of 60 113 of 167 that can be sodded within 72 hours after preparation. Prior to sodding, thoroughly water areas and allow water to percolate into the soil. Allow surface moisture to dry before sodding to prevent a muddy soil condition. 2. Placing Sod: Place sod immediately after ground preparation. Do not use sod which has been cut for more than 72 hours. Stack all sod that is not planted within 24 hours after cutting and maintain proper moist condition. a. Do not sod when weather and soil conditions are unsuitable for proper results. Pre -wet the area prior to placing sod. Do not place sod on eroded or washed out sites. b. Place the sod on the prepared surface, with edges in close contact, and embed it firmly and smoothly by light tamping with appropriate tools. c. Place the sod to the edge of all the paving and shrub areas and 1 inch below adjoining pavement with an even surface and edge. Place rolled sod parallel with the roadway and cut any exposed netting even with the sod edge. d. Roll using a lightweight turf roller. Provide a true and even surface without any displacement of the sod or deformation. e. Where sodding in drainage ditches, stagger the setting of the sod pieces to avoid a continuous seam along the line of flow. Ensure that the offsets of individual strips do not exceed 6 inches. Tamp the outer pieces of sod to produce a featheredge effect. f. Peg sod at locations where the sod may slide. Drive pegs through sod blocks into firm earth, at intervals approved by the Engineer. g. Remove any sod as directed by the Engineer. 3. Watering: Thoroughly water the sod immediately after placing. Do not water in excess of 1 inch per week for establishment. The contractor shall water and maintain newly sodded areas as needed and adhere to the following minimum frequencies until final acceptance of the Project by the County unless otherwise approved by the Engineer: a. Minimum Watering Schedule (3/4" to 1" per watering) 1) Every day for the first 14 days after placement, followed by 2) Three times per week for next 14 days, followed by 3) Two times per week until final acceptance of the project. b. Mowing Schedule 1) Minimum bi-weekly after established, and 2) Immediately prior to final acceptance. D. Maintenance. 1. Maintain the sodded areas in a satisfactory condition until final acceptance of the project. Include in such maintenance the filling, leveling, and repairing of any washed or eroded areas, as may be necessary. The Department will pay for resodding necessary due to Project No. factors determined by the Engineer to be beyond the control of the Contractor. 2. Monitor placed sod for growth of pest plants and noxious weeds. If pest plants and/or noxious weeds manifest themselves within 30 days of placement of the sod, treat affected areas by means acceptable to the Department at no expense to the Department. If pest plants and/or noxious weeds manifest themselves after 30 days from date of placement of sod, the Engineer, at his sole option, will determine if treatment is required and whether or not the Contractor will be compensated for such treatment. If compensation is provided, payment approved by the Engineer will be made as unforeseeable work. 3. Maintenance of sodded areas is required for no less than thirty (30) days after placement or until the sodded area is determined to be established and satisfactory by the Engineer, whichever is greater. E. Method of Measurement. 1. The quantities to be paid for will be the area of sodding measured and accepted by the Engineer. 2. Measurement for payment shall include only areas of sodding that have established a satisfactory root system (i.e. leaf blades break before sod can be pulled from the soil by hand). F. Basis of Payment. 1. Prices and payments for Sodding will be full compensation for all work, water, and materials required to perform the work as specified in this Article, the satisfactory disposal of excavated material, and the furnishing and application of the water. 2. The costs for watering, mowing, and maintaining the sod in a moist condition for a period of at least two weeks, shall be included in the Contract unit price for Sodding. 3. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. Specifications Project No. Page 53 of 60 114 of 167 DIVISION 700 TRAFFIC CONTROL 706 RAISED RETRO-REFLECTIVE PAVEMENT MARKERS AND BITUMINOUS ADHESIVE (REV. 05-02-12) A. Description. 1. Place raised Retro-Reflective Pavement Markers (RPMs) and adhesive, which upon installation produces a positive guidance system to supplement other reflective pavement markings. B. Materials. 1. Use only Class B markers unless otherwise shown on the Plans. 2. Meet the requirements of FOOT Section 970. 3. Product Acceptance on the Project. a. Use only reflective pavement markers and bituminous adhesive that are listed on the FDOT Qualified Products List. b. Provide Engineer a producer's certification, conforming to the requirements of Article 1.04 (Controlling Materials) of the General Requirements to these Specifications, which confirms that each product meets the requirements of this Article. C. Equipment. Use equipment having either thermostatically controlled double boiler type units utilizing heal transfer oil or thermostatically controlled electric heating pots to install hot applied bituminous adhesive. Do not use direct flame melting units with flexible adhesives; however, this type of unit may be used with standard adhesive in accordance with manufacturer's recommendations. Use a melter/applicator unit suited for both melting and pumping the adhesive through heated applicator hoses. 2. Heat the adhesive to between 375 and 4250F and apply directly to the bonding surface from the melter/applicator by either pumping or pouring. Maintain the application temperature between 375 and 4250F. The adhesive may be reheated. Do not exceed the manufacturer's recommendations for pot life at application temperatures. D. Application. 1. Apply RPMs to the bonding surface using bituminous adhesives only. Engineer will conduct field testing in accordance with Florida Method (FM) 5-566. Correct RPMs not applied in accordance with these requirements at no cost to the Department. Specifications Page 54 of 60 115 of 167 2. Prior to application of adhesive, clean the bonding surface to remove any material that would adversely affect the adhesive. 3. Apply the adhesive to the bonding surface, not the RPMs, so that 100% of the bonding area of the RPMs will be covered, in accordance with adhesive manufacturer's recommendations. Apply sufficient adhesive to ensure, that when the RPMs are pressed downward into the adhesive, adhesive will be forced out around the entire perimeter of each RPM. 4. Immediately remove excess adhesive from the bonding surface and exposed surfaces of the RPMs. Soft rags moistened with mineral spirits meeting Federal Specifications TT-T-291 or kerosene may be used to remove adhesive from exposed faces of the RPMs. Do not use any other solvent. If any adhesive, pavement marking materials or other foreign matter adheres to the reflective face of the RPM, replace the RPM at no cost to the Department. 5. Install RPMs with the reflective face of the RPM perpendicular to a line parallel to the roadway centerline. Do not install RPMs over longitudinal or transverse joints of the bonding surface. 6. Ensure that all final RPMs are in place prior to opening the road to traffic. If more than 2 percent of the RPMs fail in adhesion or alignment within the first 45 days under traffic, replace all failed RPMs at no expense to the Department. If more than 5 percent of the RPMs fail in adhesion and or alignment during the initial 45 day period, Engineer will extend the replacement period an additional 45 days from the date that all replacement RPMs have been installed. If, at the end of the additional 45 day period, more than 2 percent of all RPMs (initial installation and 45 day replacements combined) fail in adhesion or alignment, replace all failed RPMs at no expense to the Department. E. Contractor's Responsibility for Notification. 1. Notify Engineer prior to the placement of RPMs. At the time of notification, indicate the manufacturer and the LOT numbers of RPMs and bituminous adhesive that are intended for use. Verify that the approved LOT numbers appear on the material packages. Furnish a test report to Engineer certifying that the materials meet all requirements specified. F. Method of Measurement. 1. Unless otherwise specified herein, the quantities to be paid for will be the number of RPMs, fumished and installed, completed and accepted. G. Basis of Payment. 1. Lump Sum Payment: When the pay item for Painted Pavement Markings (Final Surface) is included in the Contract, price and payment for RPMs is as stipulated in Article 710 of these Specifications. RPMs will not be measured or paid for separately. Project No. 2. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. 710 PAINTED PAVEMENT MARKINGS (REV. 05-02-12) A. Description. 1. Apply Painted Traffic Stripes and Raised Retro- Reflective Pavement Markers (RPMs), in accordance with the Contract Documents. B. Materials. 1. Use only materials listed on the FDOT Qualified Products List (QPL) meeting the following requirements: Raised Retro-reflective FDOT Section 970 Pavement Markers and Bituminous Adhesive Standard Waterborne Fast FDOT 971-1 and 971-3 Dry Traffic Paint Fast Dry Solvent Paint FDOT 971-1 and 9714 Glass Spheres FDOT 971-1 and 971-2 C. Equipment. 1. Use equipment that will produce continuous uniform dimensions of pavement markings of varying widths and meet the following requirements: a. Capable of traveling at a uniform, predetermined rate of speed, both uphill and downhill, in order to produce a uniform application of paint and capable of following straight lines and making normal curves in a true arc. b. Capable of applying glass spheres to the surface of the completed stripe by an automatic sphere dispenser attached to the striping machine such that the glass spheres are dispensed closely behind the installed line. Use a glass spheres dispenser equipped with an automatic cut-off control that is synchronized with the cut-off of the traffic paint and applies the glass spheres in a manner such that the spheres appear uniform on the entire pavement markings surface with 50 to 60 percent embedment. c. Capable of spraying the paint to the required thickness and width without thinning of the paint. 2. Paint tank must be equipped with nozzles having cut-off valves, which will apply broken or skip lines automatically. D. Application: 1. General: Specifications Page 55 of 60 116 of 167 a. Remove, by a method approved by Engineer, existing pavement markings such that scars or traces of removed markings will not conflict with new stripes and markings. Clean and dispose at an approved site all resulting debris. Use of paint to cover conflicting pavement markings is prohibited. Cost for removal of pavement markings is incidental to the work specified in this Article and will not be measured separately for payment. Cost for removing conflicting pavement markings during maintenance of traffic operations is included in general costs for Maintenance of Traffic. b. Before applying traffic stripes and markings, remove any material that would adversely affect the bond of the traffic stripes by a method approved by Engineer and consistent with manufacturer's specifications. c. Remove any vegetation, soil, and other materials covering the pavement where the marking is to be applied. d. Apply traffic stripes and markings only to dry surfaces, and when the ambient air and surface temperature is at least 40OF and rising. Do not apply traffic stripes and markings when winds are sufficient to cause spray dust. e. Apply traffic stripes and markings, having well defined edges, over existing pavement markings such that not more than 2 inches on either end and not more than 1 inch on either side is visible. f. Mix the paint thoroughly prior to pouring into the painting machine. Apply paint to the pavement by spray or other means approved by Engineer. g. Conduct field testing in accordance with Florida Method (FM) 5-541. Remove and replace traffic stripes and markings not meeting the requirements of this Article at no additional cost to the Department. h. Apply all pavement markings prior to opening the road to traffic. i. Apply all retro-reflective pavement markers per the requirements of Article 706 (Raised Retro-Reflective Pavement Markers and Bituminous Adhesive). 2. Painted Pavement Markings (Final Surface), when included as a single lumps sum item in the Contract having and awarded Contract price, will include two applications of standard painted pavement markings and one application of retro-reflective pavement markers applied to the final surface. Wait at least 14 days after the first application to apply the second application of Painted Pavement Markings (Final Surface). Second application must be applied prior to final acceptance of the project. 3. Thickness: Apply paint to attain a minimum wet film thickness in accordance with the manufacturers recommendations. 4. Retroreflectivity: a. Apply white and yellow standard pavement markings that will attain an initial retroreflectance of not less than 300 mcd/Ix-m2 and not less than 250 mcd/lx•m2, respectively. Measure, record and certify on a Department approved form and submit to Engineer, the retroreflectivity of white and yellow pavement markings in accordance with FM 5-541. Project No. b. The Department reserves the right to test the markings within 3 days of receipt of the Contractor's certification. Failure to afford the Department opportunity to test the markings will result in non- payment. The test readings should be representative of the Contractor's striping performance. If the retroreflectivity values measure below values shown above, reapply the pavement markings at no additional cost to the Department. c. For standard pavement markings, ensure that the minimum retroreflectance of white and yellow pavement markings are not less than 150 mcdAx m2. If the retroreflectivity values fail below the 150 mcdAx m2 value within six months of initial application, the striping will be reapplied at the Contractor's expense. 5. Color: Use paint material that meets the requirements of FDOT 971-1. 6. Glass Spheres: Apply glass spheres on all pavement markings immediately and uniformly following the paint application. The rate of application shall be based on the manufacturer's recommendation. E. Tolerances in Dimensions and in Alignment. 1. Establish tack points at appropriate intervals for use in aligning stripes, and set a stringline from such points to achieve accuracy. 2. Dimensions: a. Longitudinal Lines: Apply painted skip line segments with no more than t12 inches variance, so that over - tolerance and under -tolerance lengths between skip line and the gap will approximately balance. Apply longitudinal lines at least 2 inches from construction joints of Portland cement concrete pavement. b. Transverse Markings, Gore Markings, Arrows, and Messages: Apply paint in multiple passes when the marking cannot be completed in one pass, with an overall line width allowable tolerance of t1 inch c. Contrast Lines: Use black paint to provide contrast on concrete or light asphalt pavement, when specified by Engineer. Apply black paint in 10 foot segments following each longitudinal skip line. 3. Alignment: a. Apply painted stripes that will not deviate more than 1 inch from the stringline on tangents and curves one degree or less. b. Apply painted stripes that will not deviate more than 2 inches from the stringline on curves greater than one degree. c. Apply painted edge stripes uniformly, not less than 2 inches or more than 4 inches from the edge of pavement, without noticeable breaks or deviations in alignment or width. d. Remove and replace at no additional cost to the Department, traffic stripes that deviate more than the above stated requirements. 4. Correction Rates: Make corrections of variations in width at a maximum rate of 10 feet for each 0.5 inches of correction. Make corrections of variations in alignment at a maximum rate of 25 feet for each 1 inch of correction, to return to the stringline. F. Contractor's Responsibility for Notification. 1. Notify Engineer prior to the placement of the materials. Furnish Engineer with the manufacturer's name and batch numbers of the materials and glass spheres to be used. Ensure that the approved batch numbers appear on the materials and glass spheres packages. G. Protection of Newly Painted Pavement Markings. 1. Do not allow traffic onto or permit vehicles to cross newly applied pavement markings until they are sufficiently dry. 2. Remove and replace any portion of the pavement markings damaged by passing traffic or from any other cause, at no additional cost to the Department. H. Corrections for Deficiencies to Applied Painted Pavement Markings. 1. Reapply a 1.0 mile section centered around any deficiency, at no additional cost to the Department. I. Submittals. 1. Submittal Instructions: Prepare a certification of quantities, using the Department's current approved form, for each project in the Contract. Submit the certification of quantities and daily worksheets to Engineer. The Department will not pay for any disputed items until Engineer approves the certification of quantities. 2. Contractor's Certification of Quantities: Request payment by providing to Engineer a monthly certification of quantities with each payment requisition or as directed by Engineer, based on the amount of work done or completed. Ensure the certification of quantities include the following: a. Contract Number, Certification Number, Certification Date and the period that the certification represents. b. The basis for arriving at the amount of the progress certification, less payments previously made and less any amount previously retained or withheld. The basis will include a detailed breakdown provided on the certification of items of payment. J. Method of Measurement. 1. The quantities to be paid for under this Article will be as follows: a. Length, in net miles, of 6 inch Solid Traffic Stripe, authorized and acceptably applied. b. Total traversed distance in gross miles of 10-30 or 3-9 skip line. The actual applied line is 25 percent of the traverse distance for a 1:3 ratio. This equates to 1,320 feet of marking per mile of single line. c. Net length, in feet, of each of all other types of lines and stripes, authorized and acceptably applied. Specifications Project No. Page 56 of 60 117 of 167 d. Number of pavement messages, symbols and directional arrows, authorized and acceptably applied. For bicycle marking, the bicycle symbol and the arrow will be paid as one unit. e. Lump Sum, as specified under Final Surface above, when the item for Painted Pavement Markings (Final Surface) is provided in the Contract with an awarded Contract Unit Price. 2. The net length, in feet of dotted and skip stripes other than 10-30 and 3-9 will be measured as the distance from the beginning of the first painted stripe to the end of the last painted stripe with proper deductions made for unpainted intervals as determined by plan dimensions or stations, subject to the requirements of Subarticle 1.07 F.3 (Determination of Pay Areas) of the General Requirements to these Specifications. Unpainted intervals will not be included in pay quantity. 3. The gross -mile measurement of 10-30 and 3-9 Skip Traffic Stripes will be taken as the distance from the beginning of the first painted stripe to the end of the last painted stripe, and will include the unpainted intervals. It will not include any lengths of unpainted intervals which, by design or by other intent of the Department, are greater than 30 feet. Final measurement will be determined by plan dimensions or stations, subject to the requirements of Subarticle 1.07 F.3 of the General Requirements to these Specifications. K. Basis of Payment. 1. General: a. Prices and payments will be full compensation for all work specified in this Article, including all cleaning and preparing of surfaces, furnishing of all materials, application, curing and protection of all items, protection of traffic, furnishing of all tools, machines and equipment, and all incidentals necessary to complete the work. b. Final payment will be withheld until all deficiencies are corrected. 2. Lump Sum Payment: When the item for Painted Pavement Markings (Final Surface) is included in the proposal, prices and payments will be full compensation for two applications of all painted pavement markings applied to the final surface, and one application of retro- reflective pavement markers applied to the final surface in accordance Article 706 of these Specifications. 3. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. 711 THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS (REV. 05-02-12) A. Description. Specifications Page 57 of 60 118 of 167 Apply new thermoplastic traffic stripes and markings, or refurbish existing thermoplastic traffic stripes and markings, in accordance with the Contract Documents. B. Materials. 1. Thermoplastic: Use only thermoplastic materials listed on the FDOT Qualified Products List (QPL). Engineer may require random samples of all material. Use materials meeting the following requirements: Initial or Recapped Stripes FDOT 971-1 and 971-5 and Markings: Refurbishing Existing Stripes FDOT 971-1 and 971-5 and Markings: Preformed Stripes and FDOT 971-1 and 971-6 Markings: 2. Glass Spheres: Use only glass spheres listed on the FDOT QPL, meeting the requirements of FDOT 971-1 and 971-2. Engineer may require random samples of all glass spheres in accordance with ASTM D 1214. 3. Sand: Use materials meeting the requirements of FDOT 971-5.4. C. Equipment. 1. Use equipment capable of providing continuous uniform heating of striping materials to temperatures exceeding 390°F, mixing and agitation of the material reservoir to provide a homogeneous mixture without segregation. Use equipment that will maintain the striping material in a plastic state, in all mixing and conveying parts, including the line dispensing device until applied. 2. Use equipment which can produce varying width traffic stripes and which meets the following requirements: a. Capable of traveling at a uniform, predetermined rate of speed, both uphill and downhill, in order to produce a uniform application of striping material and capable of following straight lines and making normal curves in a true arc. b. Capable of applying glass spheres to the surface of the completed stripe by a double drop application for initial traffic striping and marking and a single drop application for recapping and refurbishing. The bead dispenser for the first bead drop shall be attached to the striping machine in such a manner that the beads are dispensed closely behind with the thermoplastic material. The second bead dispenser bead shall be attached to the striping machine in such a manner that the beads are dispensed immediately after the first bead drop application. Glass spheres dispensers shall be equipped with an automatic cut-off control that is synchronized with the cut-off of the thermoplastic material and applies the glass spheres in a manner such that the spheres appear uniform on the entire traffic stripes and markings surface with, 50 to 60 percent embedment. c. Equipped with a special kettle for uniformly heating and melting the striping material. The kettle must be equipped with an automatic temperature control device and material thermometer for positive Project No. temperature control and to prevent overheating or scorching of the thermoplastic material. d. Meet the requirements of the National Fire Protection Association, state, and local authorities. D. Application. 1. General: a. Remove, by a method approved by Engineer, existing pavement markings such that scars or traces of removed markings will not conflict with new stripes and markings. Clean and dispose at an approved site all resulting debris. Use of paint to cover conflicting pavement markings is prohibited. Cost for removal of pavement markings is incidental to the work specified in this Article. Cost for removing conflicting pavement markings during maintenance of traffic operations to be included in Maintenance of Traffic. b. Remove any vegetation, soil, and other materials covering the pavement where the marking is to be applied. c. Before applying traffic stripes and markings remove, by a method approved by Engineer and consistent with manufacturer's specifications, any material that would adversely affect the bond of the traffic stripes. Before applying traffic stripes to any Portland cement concrete surface, apply a primer, sealer or surface preparation adhesive of the type recommended by the manufacturer. Offset longitudinal lines at least 2 inches from any longitudinal joints of Portland cement concrete pavement. d. Apply traffic stripes or markings only to dry surfaces, and when the ambient air and surface temperature is at least 50OF and rising for asphalt surfaces and 60OF and rising for concrete surfaces. e. Apply striping to the same tolerances in dimensions and in alignment specified under "Tolerances in Dimension and in Alignment" below. When applying traffic stripes and markings over existing markings, ensure that not more than 2 inches on either end and not more than 1 inch on either side of the existing line is visible. f. Apply thermoplastic material to the pavement either by spray, extrusion or other means approved by Engineer. g. Conduct field tests in accordance with Florida Method (FM) 5-541. Take test readings representative of the striping performance. Remove and replace traffic stripes and markings not meeting the requirements of this Article at no additional cost to the Department. h. Apply all final pavement markings prior to opening the road to traffic. i. Preformed Thermoplastic: Apply markings only to dry surfaces and when ambient air temperature is at least 32°F. Prior to installation, follow the manufacturer's recommendations for pre -heating. 2. Thickness: a. Initial or Recapped Stripes and Markings: 1) Apply or recap traffic stripes or markings such that all lane lines, center lines, transverse markings Specifications Page 58 of 60 119 of 167 and traffic stripes and markings within traffic wearing areas, will have a thickness of 0.10 to 0.15 inch when measured above the pavement surface. 2) Gore, island, and diagonal stripe markings, bike lane symbols and messages, wherever located, will have a thickness of 0.09 to 0.12 inch when measured above the pavement surface. 3) Measure, record, certify and submit to Engineer, the thickness of white and yellow pavement markings in accordance with FM 5-541. b. Refurbishing Existing Traffic Stripes and Markings: Apply a minimum of 0.06 inch of thermoplastic material. Ensure that the combination of the existing stripe and the overlay after application of glass spheres does not exceed the maximum thickness of 0.150 inch for all lines. 3. Retroreflectivity: a. Apply white and yellow traffic stripes and markings that will attain an initial retroreflectivity of not less than 450 mcd/Ix•m2 and not less than 350 mcd/lx-m2, respectively for all longitudinal lines. b. All transverse lines, messages and arrows will attain an initial retroreflectivity of not less than 300 mcd/lx-m2 and 250 mcd/lx-m2 for white and yellow respectively. c. All pedestrian crosswalks, bike lane symbols or messages in a proposed bike lane shall attain an initial retroreflectivity of not less than 275 mcd/Ix•m2. d. Measure, record, certify, and submit to Engineer, the retroreflectivity of white and yellow pavement markings in accordance with FM 5-541. 4. Glass Spheres: a. Longitudinal Lines: 1) For initial traffic striping and marking, apply the first drop of Type 4 or larger glass spheres immediately followed by the second drop of Type 1 glass spheres. 2) For refurbishing, apply a single drop of Type 3 glass spheres. 3) Apply reflective glass spheres to all markings at the rates determined by the manufacturer's recommendations. b. Transverse Stripes and Markings: 1) Apply a single drop of Type 1 glass spheres. 2) Apply reflective glass spheres to all markings at the rates determined by the manufacturer's recommendations. 3) Apply a mixture consisting of 50 percent glass spheres and 50 percent sharp silica sand to all thermoplastic pedestrian crosswalk lines and bike lane symbols at the rates determined by the manufacturer's recommendations. c. Preformed Markings: These markings are factory supplied with glass spheres and skid resistant material. No additional glass spheres or skid resistant material should be applied during installation. Project No. E. Tolerances in Dimensions and in Alignment. 1. Establish tack points at appropriate intervals for use in aligning stripes, and set a stringline from such points to achieve accuracy. 2. Dimensions: a. Longitudinal Lines: Apply thermoplastic skip line segments with no more than ±12 inches variance, so that over -tolerance and under -tolerance lengths between skip line and the gap will approximately balance. Apply longitudinal lines at least 2 inches from construction joints of Portland cement concrete pavement. b. Transverse Markings, Gore Markings, Arrows, and Messages: Apply thermoplastic in multiple passes when the marking cannot be completed in one pass, with an overall line width allowable tolerance of ±1 inch c. Contrast Lines: Use black paint to provide contrast on concrete or light asphalt pavement, when specified by Engineer. Apply black paint in 10 foot segments following each longitudinal skip line. 3. Alignment: a. Apply thermoplastic stripes that will not deviate more than 1 inch from the stringline on tangents and curves one degree or less. b. Apply thermoplastic stripes that will not deviate more than 2 inches from the stringline on curves greater than one degree. c. Apply thermoplastic edge stripes uniformly, not less than 2 inches or more than 4 inches from the edge of pavement, without noticeable breaks or deviations in alignment or width. d. Remove and replace at no additional cost to the Department, traffic stripes that deviate more than the above stated requirements. 4. Correction Rates: a. Make corrections of variations in width at a maximum rate of 10 feet for each 0.5 inches of correction. Make corrections of variations in alignment at a maximum rate of 25 feet for each 1 inch of correction, to return to the stringline. F. Contractor's Responsibility for Notification. 1. Notify Engineer prior to the placement of the thermoplastic materials. 2. Furnish Engineer with the manufacturer's name and batch numbers of the thermoplastic materials and glass spheres to be used. 3. Ensure that the approved batch numbers appear on the thermoplastic materials and glass spheres packages. G. Protection of Newly Applied Traffic Stripes and Markings. 1. Do not allow traffic onto or permit vehicles to cross newly applied pavement markings until they are sufficiently dry. Specifications Page 59 of 60 120 of 167 2. Remove and replace any portion of the pavement markings damaged by passing traffic or from any other cause, at no additional cost to the Department. H. Observation Period. 1. Pavement markings are subject to a 180 day observation period under normal traffic. The observation period shall begin with the satisfactory completion and acceptance of the work. 2. The pavement markings shall show no signs of failure due to blistering, excessive cracking, chipping, discoloration, poor adhesion to the pavement, loss of reflectivity. or vehicular damage. The retroreflectivity must meet the initial requirements stipulated above. The Department reserves the right to check the color and retroreflectivity any time prior to the end of the observation period. 3. Replace, at no additional expense to the Department, any pavement markings that do not perform satisfactorily under traffic during the 180 day observation period. I. Corrections for Deficiencies. 1. Recapping applies to conditions where additional striping material is applied to new or refurbished traffic stripes or markings to correct a deficiency. Recap a 1.0 mile section centered around the deficiency with additional striping material or by complete removal and reapplication at no additional cost to the Department. 2. If recapping will result in a thickness exceeding the maximum allowed, the traffic stripes or markings must be removed and reapplied. J. Submittals. 1. Submittal Instructions: Prepare a certification of quantities, for each project in the Contract. Submit the certification of quantities and daily worksheets to Engineer. The Department will not pay for any disputed items until Engineer approves the certification of quantities. 2. Contractor's Certification of Quantities: Request payment by submitting a certification of quantities with each payment requisition, based on the amount of work done or completed. Ensure the certification of quantities includes the following: a. Contract Number, Certification Number, Certification Date and the period that the certification represents. b. The basis for arriving at the amount of the progress certification, less payments previously made and less any amount previously retained or withheld. The basis will include a detailed breakdown provided on the certification of items of payment. K. Method of Measurement. 1. Quantities to be measured by Engineer for payment under this Article will be as follows: Project No. a. The length, in net miles, of 6 inch Solid Traffic Stripe, authorized and acceptably applied. b. The total traversed distance in gross miles of 10-30 or 3-9 skip line. The actual applied line is 25 percent of the traverse distance, for a 1:3 ratio. This equates to 1,320 feet of marking per mile of single line. c. The net length, in feet, of all other types of lines and stripes, authorized and acceptably applied. d. The area, in square feet, of Removal of Existing Pavement Markings, acceptably removed. Cost for removing conflicting pavement markings during maintenance of traffic operations is included in Maintenance of Traffic. e. The number of pavement messages, symbols and directional arrows, authorized and acceptably applied. L. Basis of Payment. 1. Prices and payments will be full compensation for all work specified in this Article, including all cleaning and preparing of surfaces, furnishing of all materials, application, curing and protection of all items, protection of traffic, furnishing of all tools, machines and equipment, and all incidentals necessary to complete the work. Final payment will be withheld until all deficiencies are corrected. 2. Prices and payments will be full compensation for all work and materials specified in this Article and the Articles applicable to the items of work having awarded Contract Prices measured and approved for payment. Specifications Project No. Page 60 of 60 121 of 167 EXHIBIT 1, SCOPE OF SERVCES ATTACHMENT C SCHEDULE OF VALUES FORM CITY OF SOUTH MIAMI DRAINAGE AND ROADWAY IMPROVEMENTS SW 62nd PLACE BETWEEN SW 58th STREET AND SW 60th STREET Pay Item No. Description Unit Measure QTV Unit Price Total 101-1 MOBILIZATION LS 16000 .00 102-1 MAINTENANCE OF TRAFFIC LS/DA 15 bo 00 104-20-3 SEDIMENT BARRIER LF 1127 1 I f 7, 1, 104-18 INLET PROTECTION SYSTEM EA 14 50 _7OV . V 110-1-1 CLEARING AND GRUBBING AC 1 WON - 110-4-10 REMOVAL OF EXISTING CONCRETE SY 122 u , O 120-1 REGULAR EXCAVATION CY 411 / (� • 0 160-4 TYPE B STABILIZATION SY 445 ( N 00.0 285-706 LIMEROCK BASE (8") (OPTIONAL BASE,BASE GROUP 06) SY 445 ✓ 0 I b . 334-1-13 SUPERPAVE ASPHALTIC CONC, TRAFFIC C (1") TN 34 337-7-82 ASPHALT CONCRETE FRICTION COURSE,TRAFFIC C, FC-9.5 (1") TN 63 1 U 0 0 337-7-82 ASPHALT CONCRETE FRICTION COURSE,TRAFFIC C, FC-9.5 (OVERLAY) (1") TN 74 ` O 0ej A.0 400-1-15 CLASS I CONCRETE (MISCELLANEOUS) CY 3 1 !/V 425-1.541 INLETS, DT SOT, TYPE D, <10' EA 14 R400.0 425-2-41 MANHOLES, P-7T, <10' EA 4 00 12,000.0 425-2-71 MANHOLES, J-7T, <10' EA 2 O f 000.0 42S-6 VALVE BOXES, ADJUST EA 7 00 • v 430-174-118 PIPE CULVERT, OPTIONAL MATERIAL, ROUND,18"SD LF 334 o 0 040. 430-174-124 PIPE CULVERT, OPTIONAL MATERIAL, ROUND, 24"SD LF 13 O V 443-70-4 EXFiLTRATION DRAIN (24") LF 334 i b o/ 4?),4?A. 520-1-10 CONCRETE CURB AND GUTTER (TYPE "F") LF 33 5 1 > J V 522-2-00 CONCRETE SIDEWALK AND DRIVEWAYS, 6" THICK SY 122 4 ; 575-1-2 PERFORMANCE TURF, SOD SY 1721 3 . SWALE TRENCH (MIN.12" DEEP) SY 377 SUBTOTAL ROADWAY 700-1-50 SINGLE POST SIGN, RELOCATE AS 3 O 123 of 167 wc1 706-1.1 RAISED PAVEMENT MARKER, TYPE B WITHOUT FINAL SURFACE MARKINGS(Y/Y) EA B.0 06 706-1-1 RAISED PAVEMENT MARKER, TYPE B WITHOUT FINAL SURFACE MARKINGS (BLUE) EA 1.0 �I o 710-11-125 PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID, 24" LF 50 rl 73041-201 PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, SOLID, 6" GM 0.03 1 2 - 711-11-125 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" LF 50 5 cc. //jj ZSQ-00 711-16-203 THERMOPLASTIC, STANDARD -OTHER SURFACES, YELLOW, SOLID, 6" GM 0.03 [' 5 02000 I •+O{/•QO SUBTOTAL SIGNALOATION{- SUBTOTALGENERAL CONTINGENCY FUND 10% OF SUBTOTAL GENERAL LS 1.00 POLICE OFFICEER HR 720.00 $62.00 $37,440.00 TOTAL CONSTRUCTION 2 1 05 . 124 of 167 EXHIBIT 2 ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 Insurance & Indemnification Requirements Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor/sub-consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY's sole and absolute discretion. The FIRM must purchase insurance from and must maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Sub-contractor/sub-consultant or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM must provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; 125 of 167 • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. • Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: • Owned Vehicles. • Hired and Non -Owned Vehicles • Employers' Non -Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Sub-contractor/sub-consultant for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: A. In the event that this contract involves the construction of a structure, FIRM must maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies must also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub- contractor/sub-consultants performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. 126 of 167 Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM Is responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies must contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM's duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which must include the declaration page and all required endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance certificate, the following endorsements: (1) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer must pay all sums that the City of South Miami becomes legally obligated to pay as damages because of `bodily injury", `property damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy must not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification must be delivered to the City by certified mail, with proof of delivery to the City." €: If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM must also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM becomes legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance must be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance may be 127 of 167 issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Indemnification Requirement A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub- contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non- performance of FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph must apply and this subparagraph must set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 128 of 167 EXHIBIT 3 ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 �t RESPONDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO: Shari Karnali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit i (Scope of Services, Attachment A, B, & C) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by , this Solicitation, required insurance documents, and other documents required by the Solicitation, a including the Contract if not already submitted, within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) �j LkAddendum JA No. I Dated: Iv 1 I b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by �. Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre -bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent's bid, or proposal price, has taken into consideration all possible ai underground conditions and Respondent, if awarded the contract, will not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 129 of 167 iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work No additional examinations, investigations. explorations, tests, reports or similar Information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contra" Documents unless the Proposal specifically states that the contract price Is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection Ii above. d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contra" Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organimtion, or corporation: Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal: Respondent has not solicited or induced any person, firm or corporation to refrain from responding: and Respondent has not sought by collusion or otherwise to obtain for Itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contra" Price is the amount that it needs to furnish and install all the Work complete and In place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contra" Price may not be adjusted in any way to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete. In place, Project for the Proposal Price. If this Solicitation requires the completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price. otherwise. the Contract Price for the completed work Is as follows: LUMP SUM BASE PRICE: nq-4 O is dollars and 2 ...J cents Alternates: # I #2 \c-& A fee breakdown for each task included in the lump sum contra" price. if applicable, must be provided. Failure to provide this information will render the proposal non-responsive- S. The ENTIRE WORK for project in accordance with Exhibit 1, Scope of Services, Attachment A. B, 8 C shall be completed, in full, within 90 calendar days from the commencement date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth In the Contract 6. Insert the following Information for future communication with you concerning this Proposal: RESPONDENT: Address. Telephone: Facsimile: Contact Person 7. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 130 of 167 8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid Form, and are made a part of this proposal, by reference. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and I agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and which have been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. SUBMITTED THIS DAY OF V V I�•� 20 PROPc��AL SU MITTED Y: _ C-1 op 4 to �J Company Tele hone Number Name of Person Au oriz to ubmit Pr Fax Number hamu(�foup Inc (�a Signature Email Addre s Title END OF SECTION 131 of 167 EXHIBIT 4 CONSTRUCTION CONTRACT ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 THIS CONTRACT was made and entered into on this V day of V V u , 201A, by and between Vc - (hereafter referred to as "Contractor"), and the tiof South Miami (here fter referred to as "Owner"), through its City Manager (hereafter referred to as "City"). Contractor, for the consideration set forth herein, hereby agrees with Owner as follows: 1. Contractor must furnish all labor, materials, equipment, machinery, tools, apparatus, transportation and any other items necessary to perform all of the work shown on and described in the Contract Documents and must do everything required by this Contract and the other Contract Documents hereinafter referred to as the Work. ' 2. The Contract Documents must include this Contract, General Conditions to the Contract, if any, the drawings, plans, specifications and project manual, if any, any supplementary or special conditions, other documents referring to this contract and signed by the parties, the solicitation documents ("hereinafter referred to as "Bid Documents") and any documents to which those documents refer which are used by Owner as well as any attachments or exhibits that are made a part of any of the documents described herein. 3. Contractor must commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and must complete all Work hereunder within the length of time set forth in the Contract Documents. 4. Owner hereby agrees to pay to Contractor for the faithful performance of this Contract, subject to additions and deductions as provided in the Contract Documents and any properly approved, written change orders, in lawful money of the Vnited States, the Lump Sum amount of: C' } _t= Dollars ($ 2�l (Spell Dollar Amount above) ("Contract Price"). S. The expenses of performing Work after regular working hours, and on Sunday and legal holidays must be included in the Contract Price. The City may demand, at any point in time, that any part, or all, of the Work be performed after regular working hours. In such event, the Respondent will have no right to additional compensation for such work. However, nothing contained herein authorizes work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City. 6. If the Work is expected to require more than one month, Owner will make monthly partial payments to .•., Contractor on the basis of a dulycertified and approved schedule of values for the Work performed PP P during each calendar month by Contractor, less the retainage (all as provided for in the Contract = Documents), which is to be withheld by Owner until completion and acceptance of the complete project in accordance with this Contract and the other Contract Documents and until such Work has been accepted by the City. 7. Upon submission by Contractor of evidence satisfactory to Owner that all labor, material, and other costs incurred by Contractor in connection with the construction of the Work have been paid in full, and after compliance with the terms for payment provided for in the Contract Documents, final payment on account of this Contract must be made within sixty (60) calendar days after the completion by Contractor of all Work covered by this Contract and the acceptance of such Work by Owner. 8. The Work must be completed in 90 calendar days. In the event that Contractor fails to complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages must be paid by Contractor at the rate of $1.500.00 dollars per day, 9. It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond ("Bond") is required and if, at any time after the execution of this Contract and the Bond for its faithful performance and payment, the City deems the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppliers, Contractor must, at its expense within five (5) business days after the receipt of notice from the City so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as are satisfactory to the City. In such event, no further payment to Contractor 132 of 167 will be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work is furnished in the manner and in the form satisfactory to the City. 10. No additional Work or extras may be done unless the same is duly authorized in writing, and in advance of the work, by appropriate action by the City and in accordance with the Contract Documents. I I.The date that this contract was "made and entered into" and its effective date is the date that the contract is the signed by the City or, if the contract is required to be approved by resolution of the City Commission, then the Effective Date is the date of the resolution approving the Contract whichever is the later date. 12.All provisions, conditions and restrictions contained in the bid document entitled Instructions to Respondents are made a part of this agreement by reference. Any conflict between that document and this contract or the exhibits to this contract are to be resolved by the City Manager in the managers sole and absolute discretion. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date set forth next to their name below and may be signed in one or more counterparts, each of which will, without proof or accounting for the other counterpart, be deemed an original Contract. CONTRA Signature: Print Sigm Title of Sii ATTESTED: Signature: keng .Payne City Clerk Read and Approved as to Form, Language. Legality, and Execution Thereof: Signature: Ci Attorney OWNER: CITY OF SOJJTH MIAMI Signature: Shari amali City anager . �i 133 of 167 EXHIBIT S CONSTRUCTION CONTRACT GENERAL CONDITIONS ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW S8 TO 60 ST RFP #PW2021-38 ARTIfLE 1 —DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meaning indicated. These definitions always apply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document. However, when the section of the Contract, where the word to be defined is used, does not specifically refers to this Article to define the word or group of words, the definitions contained in this Article will not apply unless the word or group of words, in the context of it or their use in the Contract Document in question, is/are ambiguous and open for interpretation. In addition, these definitions do not apply to interpret terms in a specific provision of a Contract Document if that specific provision contains a definition of the term in question: Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications, or correction. Application for Payment: A form approved by the City's consultant (CONSULTANT), if any, or the City Manager which is to be used by CONTRACTOR in requesting progress payments. M- The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. Bidder: Any person, firm or corporation submitting a response to OWNER's solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the instructions, form of documents and affidavits. Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order: A written order to CONTRACTOR signed by the City Manager 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 Contract. Work Order Proposals: Written proposals from CONTRACTOR in response to orders or request for work based on the Scope of the Work provided by OWNER to CONTRACTOR. The proposal includes line item pricing, where there are multiple locations, and the timeframe for completing the work. The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, or manager's designee, unless the context wherein the word is used should more appropriately mean the City of South Miami. City Manager: Includes the City Manager's designee. Construction Observer: An authorized representative of CONSULTANT, if any, or otherwise a representative of OWNER assigned to observe the Work performed and materials furnished by CONTRACTOR. CONTRACTOR will be notified in writing of the identity of this representative. Contract Documents: The Contract Documents include the Contract between OWNER and CONTRACTOR, other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds, Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents. Contract Price: The total moneys payable to CONTRACTOR pursuant to the terms of the Contract Documents. Contract Time: The number of calendar days stated in the Contract for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of OWNER. CONTRACTOR: The person, firm or corporation with whom OWNER has executed the Contract. CONSULTANT: The person identified as CONSULTANT in the Supplementary Conditions or, if none, then OWNER's designated representative as identified in the Supplementary Conditions. Day. A period of twenty-four hours measured from the beginning of the day at 12:01 a.m. and it will be presumed to be a calendar day unless specifically designated as a business day. Days: The number of twenty-four (24) hour periods following the event to which the word "days" refers commencing at 12:01 a.m. at the start of the next day. Therefore, in computing any period of time prescribed or 134 of 167 allowed by the Contract Documents, the day of the act, event or default from which the designated period of time begins to run will not be included. The last day of the period so computed will be included unless it is a Saturday, Sunday or legal holiday, in which event the period will run until the end of the next business day that is not a Saturday, Sunday or legal holiday. Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to CONSULTANT'S recommendation of final payment (unless responsibility for the protection thereof has been delegated to OWNER); substitutions that are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. Drawings: The drawings which show the character and Scope of the Work to be performed and which have been prepared or approved by CONSULTANT, or if none, then by an architect or engineer hired by City Manager and are referred to in the Contract Documents. Field Order: A written order issued by CONSULTANT 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. Modifc�atlon: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order signed by both parties, (c) a written clarification or interpretation if issued by CONSULTANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it must be in writing and signed by the party against whom the modification is sought to be enforced. Non -conforming Work means work that does not conform to the Contract Documents and includes work that is unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection, reference standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or work that has been damaged prior to CONSULTANT's recommendation of final payment (unless responsibility for the protection thereof has been assumed in writing by OWNER). Notice of Award: The written notice by City Manager to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by it within the time specified, City Manager will execute and deliver the Contract to him. Notice to Proceed: A written notice given by City Manager to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR must start to perform its obligations under the Contract Documents. Owner. The City of South Miami. Person: An individual or legal entity. Project: The entire construction operation being performed as delineated in the Contract Documents. Policy: The term "policy" as used in the Contract Documents means the insurance binder, if it is issued, the declaration page of the policy and the body of the policy, including all endorsements. RFP: Request for Proposal. Scope of Services. This phrase refers to the scope of the services or work to be performed and it has the same meaning as Scope of the Work unless the context in which the phase is used clearly means otherwise. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by 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. 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. 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 construction site. Substantial Completion: The date, as certified by CONSULTANT, when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to any degree, other than for the repair of minor "punch list" items; or if there be no such certification, the date when final payment is due in accordance with paragraph 14.9. However, in no event will the project or portion thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully issued by the applicable governmental agency. A certificate of Substantial Completion, issued by CONSULTANT, will be null and void if it is based on false, misleading or inaccurate information, from any source, or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by City Manager to be minor "punch list" work. 135 of 167 Su 'er: Any person or organization who supplies materials or equipment for the Work, including the fabrication of an item, but who does not perform labor at the site of the Work. Surety: The individual or entity who is an obligor on a Bond and who is bound with CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor, services and materials used on the project. Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion of the Contract. Notice: The term "Notice" as used herein means and includes all written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice will be deemed to have been duly served 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 to an authorized representative of such individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise stated in writing, any notice to or demand upon OWNER under this Contract must be delivered to City Manager and CONSULTANT. ARTICLE 2 — PRELIMINARY MATTERS Award: 2.1 The City Manager reserves the right to reject any and all Bids, at its sole discretion. Bids will be awarded by OWNER to the lowest responsive and responsible Bidder. No Notice of Award will be given until the City Manager has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the City Manager, which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The City Manager reserves the right to reject the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of City Manager, to be sufficiently responsible, qualified and financial able to perform the work. In analyzing a Bid, the City Manager may also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded, the City Manager will issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. Execution of Contract: 2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of Insurance, the Binder of Insurance if issued, the Insurance Declaration Page if not included in the Policy of Insurance, the Policy of Insurance required by the Contract Documents, the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents must be executed and delivered by CONTRACTOR to the City Manager within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of a party may be executed in counterparts separately by each of the parties and, in such event, each counterpart separately executed will, without proof or accounting for the other counterpart be deemed an original Contract Document. Forfeiture of Bid Security/_Performance and Payment Bond, if any are required by the applicable RFP: 2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR must furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond must be in the amount of one hundred percent (100%) of the Contract Price guaranteeing " to OWNER the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant to this Project. Each Bond must be with a Surety company whose qualifications meet the requirements of Sections 2.3.4, 2.3.5, and 2.3.6. 2.3.2 Each Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 2.3.3 Pursuant to the requirements of Section 255.05(1), Florida Statutes, CONTRACTOR must ensure that the Bond(s) referenced above are recorded in the public records of Miami -Dade County and provide City Manager with evidence of such recording. 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. 2.3.5 The surety company must hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 2.3.6 OWNER will only be required to accept a surety bond from a company with a rating A. VII or better. 136 of 167 2.3.7 Failure of the successful Bidder to execute and deliver the Contract and deliver the required bonds and Insurance documents will be cause for the City Manager to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre -Start Representation: 2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect performance of the Work, and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in 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 stated in the Notice to Proceed. Starting the Project: 2.6 CONTRACTOR must start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work may be done at the site (as defined in Article 1), prior to the date on which the Contract Time commences to run, except with the written consent of the City Manager. Before Starting Construction: 2.7 Before undertaking each part of the Work. CONTRACTOR must carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It must at once report in writing to CONSULTANT any conflict, error, or discrepancy which it may discover. Neither OWNER nor CONSULTANT will be liable for any harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error, or discrepancy in the Drawings or Specifications nor will CONTRACTOR be entitled to any compensation for any harm, damage or loss suffered by CONTRACTOR due to any conflict, error, or discrepancy in the Contract Documents. Schedule of Completion: 2.8 Within Five (5) business days after delivery of the Notice to Proceed by City Manager to CONTRACTOR, CONTRACTOR must submit to CONSULTANT for approval, an estimated construction schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions. CONSULTANT will approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS will be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by City Manager to CONTRACTOR, but before starting the Work at the site, a pre -construction conference will be held 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 OWNER'S representative, CONSULTANT, Resident Project Representatives, CONTRACTOR and its Superintendent. Qualifications of Subcontractors. Material men and Suppliers: 2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder must submit to the City Manager and CONSULTANT 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 Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) ' calendar days after receiving the list, CONSULTANT will notify CONTRACTOR in writing if either the = 3 City Manager or CONSULTANT has reasonable objection to any Subcontractor, person, or organization on such list. The failure of the City Manager or CONSULTANT to make objection to any Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt will constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization will not constitute a waiver of any right of OWNER or CONSULTANT to reject defective 137 of 167 Work, material or equipment, or any Work, material or equipment not in conformance with the requirements of the Contract Documents. 2.11 If, prior to the Notice of Award, the City Manager or CONSULTANT has reasonable objection to any Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award, submit an acceptable substitute without an increase in its bid price. 2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, will be regarded as meaning that only best practices are to prevail and only materials and workmanship of the best quality are to be used in the performance of the Work. ARTICLE 3—CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 kpi 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 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 Contract between OWNER and CONTRACTOR. They may be altered only by a modification as defined in Article 1. The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it must, before proceeding with the Work affected thereby, immediately call it to CONSULTANT's attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that will provide the maximum benefit to OWNER will apply The words "furnish" and "furnish and install", "install", and "provide" or words with similar meaning will be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service". Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure, providing the indicated functions, must be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories must 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 will be approved by CONSULTANT before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. The Work of all trades under this Contract must be coordinated by CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all components of the Work must be installed or erected in accordance with the best practices of the particular trade. CONTRACTOR will be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility installations properly perform the specified function. If CONTRACTOR is prevented from complying with this provision due to the Drawings or Specifications, CONTRACTOR must immediately notify CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem exists. Manufacturer's literature, when referenced, must 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, Florida Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it will be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent", when used in connection with brand names, will 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 capable of performing the same function, in the opinion of CONSULTANT, as the material or product so specified. Proposed equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the Work. (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal", CONTRACTOR must use the brand, make and model specified). Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. All technical interpretations will be made by CONSULTANT as set forth in Section 9.3 below. 138 of 167 3.1 1 CONTRACTOR must advise CONSULTANT, prior to performing any work involving a conflict in the Contract Documents and CONSULTANT will make the final decision as to which of the documents will take precedence. If there is a conflict between or among the Contract Documents, only the latest version will apply and the latest version of the Contract Documents. CONSULTANT must use the following list of Contract Documents as a guide. These documents are set forth below in the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below it. (a) Change Orders (b) Amendments/addenda to Contract (c) Supplementary Conditions, if any (d) Contract with all Exhibits thereto (e) General Conditions (f) Written or figured dimensions (g) Scaled dimensions (h) Drawings of a larger scale (i) Drawings of a smaller scale 0) Drawings and Specifications are to be considered complementary to each other ARTICLE 4 — AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of lands: 4.1 OWNER will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights -of -way for access thereto, and such other lands which are designed for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise specified in the Contract Documents. Other access to such lands or rights -of -way for CONTRACTOR'S convenience will be the responsibility of CONTRACTOR. CONTRACTOR must provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. 4.2 The City Manager will, upon request, furnish to the Bidders, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: 4.3 CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, including but not limited 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. CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by OWNER/ CONSULTANT on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part of this Contract, or any other information made available to it prior to receipt of bids. Any failure by CONTRACTOR to acquaint itself with the available information will not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work. OWNER assumes no responsibility for any conclusions or interpretations made by CONTRACTOR on the basis of the information made available by OWNER/ CONSULTANT. Differing Site Conditions: 4.4 CONTRACTOR must within forty-eight (48) hours of its discovery, and before such conditions are disturbed, notify the City Manager in writing, of: 4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, and 4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract. The City Manager will promptly investigate the conditions, and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in CONTRACTOR'S cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. 139 of 167 4.5 No claim of CONTRACTOR under this clause will be allowed unless CONTRACTOR has given the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the City Manager, but only if done in writing signed by the City Manager or CONSULTANT. ARTICLE S — INSURANCE Contractor must comply with the insurance requirements set forth in the Supplementary Conditions to the Contract. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 CONTRACTOR must supervise and direct the Work. It will be solely responsible for the means, methods, techniques, sequences and procedures of construction. CONTRACTOR must employ and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work site who must be designated in writing by CONTRACTOR, before CONTRACTOR commences the Work and within the time required by the Contract, as CONTRACTOR'S representative at the site. The Supervisor or the person designated will have full authority to act on behalf of CONTRACTOR and all communications given to the Supervisor will be as binding as if given to CONTRACTOR. The Supervisor(s) will always be present at each site as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor will be mailed to CONTRACTOR'S home office). 6.1.1 CONTRACTOR must keep one record copy of all Specifications, Drawings, Addenda, Modifications and Shop Drawings at the site at all times and in good order and annotated to show all changes made during the construction process. These must be available to CONSULTANT and any OWNER Representative at all reasonable times. A set of "As -Built" drawings, as well as the original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annotations, will be made available to City Manager at all times and it must be delivered to the City Manager upon completion of the Project. Labor. Materials and Equipment: 6.2 CONTRACTOR must provide competent, suitably qualified personnel to lay out the Work and perform construction as required by the Contract Documents. It must always maintain good discipline and order at the site. 6.3 CONTRACTOR must furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 6.4 All materials and equipment must be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials must be delivered to the site in their original packages or containers with seals unbroken and labels intact. 6.5 All materials and equipment must 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. Work, Materials. Equipment Products and Substitutions: 6.6 Materials, equipment and products incorporated in the Work must be approved for use before being purchased by CONTRACTOR. CONTRACTOR must submit to CONSULTANT a list of proposed materials, equipment or products, together with such samples as may be necessary for them to determine their acceptability and obtain their approval, within ninety (90) 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 CONSULTANT. 6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number, it is 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 must be considered. CONTRACTOR may recommend 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 catalog number, and if, in the opinion of CONSULTANT, such material, article, or piece of equipment is of equal substance and function to that specified, CONSULTANT may approve its substitution and use by CONTRACTOR. Incidental changes or extra component parts required to accommodate the 140 of 167 9, substitute will be made by CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute may be ordered or installed without the written approval of CONSULTANT who will be the judge of quality. 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 to requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials must 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 must be done at the expense of CONTRACTOR. 6.6.5 No materials or supplies for the Work may be purchased by CONTRACTOR or any Subcontractor that are subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. 6.6.6 Non -conforming Work: The City of South Miami may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements or conform to the plans and drawings. Upon written notification of rejection, items must be removed or uninstalled within five (5) business days by CONTRACTOR at his own expense and redelivered and/or reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and OWNER will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in CONTRACTOR being found in default. 6.6.7 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 6.6.8 OWNER reserves the right, in the event CONTRACTOR cannot provide an items) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Concerning Subcontractors: 6.7 CONTRACTOR may not employ any Subcontractor, against whom the City Manager or CONSULTANT may have reasonable objection, nor will CONTRACTOR b-e required to employ any Subcontractor who has been accepted by the City Manager and CONSULTANT, unless CONSULTANT determines that there is good cause for doing so. 6.8 CONTRACTOR is be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents create any contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor may it create any obligation on the part of OWNER or CONSULTANT to pay or to see to payment of any subcontractor or other person or organization, except as may otherwise be required by law. City Manager or CONSULTANT may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any Drawings does not control CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6.10 CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER. 6.11 All Work performed for CONTRACTOR by a Subcontractor must be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor. 6.12 CONTRACTOR is be responsible for the coordination of the trades, Subcontractors material and men engaged upon their Work. 6.12.1 CONTRACTOR must inserted in all subcontracts relative to the Work appropriate provisions to bind Subcontractors to CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and give 141 of 167 CONTRACTOR the same power as regards to terminating any subcontract that City Manager may exercise over CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The City Manager or CONSULTANT will not undertake to settle any differences between CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of CONSULTANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they must be promptly replaced by CONTRACTOR when directed by CONSULTANT in writing. 6.12A Discrimination: No action may be taken by the any subcontractor with regard to the fulfilment of the terms of the subcontract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status or disability. This paragraph must be made a part of the subcontractor's contract with CONTRACTOR. Patent Fees and Royalties: 6.13 CONTRACTOR must pay all license 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. CONTRACTOR must indemnify and hold harmless OWNER and CONSULTANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after the completion of the Work, and must defend all such claims in connection with any alleged infringement of such rights. 6.14 CONTRACTOR is responsible for determining the application of patent and/or royalty rights as to any materials, appliances, articles or systems prior to bidding. However, he is not responsible for such determination on systems which do not involve purchase by them of materials, appliances and articles. Permits: 6.15 CONTRACTOR must secure and pay for all construction permits and licenses and must pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. When such charges are normally made by OWNER and when so stated in the Special Conditions, there will be no charges to CONTRACTOR. The City Manager will assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR must also pay all public utility charges. Electrical Power and Lighting: 6.16 Electrical power required during construction must be provided by each prime CONTRACTOR as required by it. This service must be installed by a qualified electrical Contractor approved by CONSULTANT. Lighting must be provided by CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power may be used off temporary lighting lines without specific approval of CONTRACTOR. Laws and Regulations: 6.17 CONTRACTOR must comply with all notices, laws, ordinances, rules and regulations applicable to the Work. If CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it must give CONSULTANT prompt written notice thereof, and any necessary changes must be adjusted by an appropriate modification. If CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to CONSULTANT, it must bear all costs arising there from; however, it will not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. Discrimination: 6.17A No action may be taken by CONTRACTOR with regard to the fulfilment of the terms of the Contract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status or disability. Taxes: 6.18 Cost of all applicable sales, consumer use, and other taxes for which CONTRACTOR is liable under the Contract must be included in the Contract Price stated by CONTRACTOR. Safety and Protection: 142 of 167 6.19 CONTRACTOR is be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. They must take all necessary precautions for the safety of, and must provide the necessary protection to prevent damage, injury or loss to: 6.19.1 All employees 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, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.20 CONTRACTOR must designate a responsible member of their organization at the site whose duty must be the prevention of accidents. This person must be CONTRACTOR'S Superintendent unless otherwise designated in writing by CONTRACTOR to the City Manager. Emergencies: 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto. CONTRACTOR, without special instruction or authorization from CONSULTANT or City Manager, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He must give CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If 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 I I and 12. The City Manager reserves the right, in the City Manager's sole and absolute discretion and when in the best interest of the City, to suspend the work or services or cancel this contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared an emergency by the Governor, Mayor of Miami -Dade County or by the City Manager pursuant to the City Manager's Emergency Management powers set forth in Ch. 14 of the City's Code of Ordinances. In such event, the CONTRACTOR is only be entitled to be paid for the reasonable value of the work performed and any costs advanced that cannot be mitigated by CONTRACTOR. Shop Drawings and Samples: 6.22 After checking and verifying all field measurements, CONTRACTOR must submit to CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at CONSULTANT option, one reproducible copy) of all Shop Drawings, which must have been checked by and stamped with the approval of CONTRACTOR. The Shop Drawings must be numbered and identified as CONSULTANT may require. The data shown on the Shop Drawings must be complete with respect to dimensions, design criteria, materials of construction and the like to enable CONSULTANT to review the information without any unnecessary investigation. 6.23 CONTRACTOR must also submit to CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 6.24 At the time of each submission. CONTRACTOR must notify CONSULTANT, in writing, of any deviations between the Shop Drawings or samples and the requirements of the Contract Documents. 6.25 CONSULTANT must review with responsible promptness Shop Drawings and Samples, but his review is 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 items functions. CONTRACTOR must make any corrections required by CONSULTANT F, and must return the required number of corrected copies of Shop Drawings and resubmit new samples' until the review is satisfactory to CONSULTANT. CONTRACTOR must notify CONSULTANT, in writing, of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re- submission. CONTRACTOR'S stamp of approval on any Shop Drawings or sample will constitute representation to OWNER and CONSULTANT that CONTRACTOR has either determined and/or verified all quantities, dimension, field construction criteria, materials, catalog numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.26 No Work requiring a submittal of a Shop Drawing or sample may be commenced until the submission has been reviewed and approved in writing by CONSULTANT. A copy of each Shop Drawing and each approved sample must be kept in good order, in a book or binder, in chronological order or in such other 143 of 167 order required by CONSULTANT in writing, by CONTRACTOR at the site and must be available to CONSULTANT. 6.27 CONSULTANT's review of Shop Drawings or samples will not relieve CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless CONTRACTOR has informed CONSULTANT, in writing, to each deviation at the time of submission and CONSULTANT has given written approval to the specific deviation, nor may any review by CONSULTANT relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.27A CONTRACTOR is be liable to OWNER for any additional cost or delay that is caused by its failure to notify CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors in the Shop Drawings or samples. Cleaning UR 6.28 CONTRACTOR must clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by OWNER, CONTRACTOR must remove all his surplus and discarded materials, excavated material and rubbish as well as all other material and equipment that does not form a part of the Work, from the property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, CONTRACTOR must clean his portion of Work involved in any building under this Contract, so that no further cleaning by OWNER is necessary prior to its occupancy and he must restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If CONTRACTOR does not clean the Work site, OWNER may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to CONTRACTOR. Public Convenience and Safety: 6.30 CONTRACTOR must, at all times, conduct the Work in such a manner as to ensure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work must be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closed" signs must 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 must notify law enforcement agencies and in particular, the City of South Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment must be provided and maintained at all times. Sanitary Provisions: 6.31 CONTRACTOR must provide on -site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not in his employ. They must be kept-� in a clean and sanitary condition and must comply with the requirements and regulations of the Public .. .; Authorities having jurisdiction. They may not commit a public nuisance. Temporary field office and sanitary facilities must be removed upon completion of the Work and the premises must be left clean. Indemnification: 6.32 Contractor must comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 of the Supplementary Conditions (Insurance and indemnification requirements). 6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of any such claim or demand, CONTRACTOR, upon written notice from the City Manager, must defend such action or proceeding by counsel satisfactory to the City Manager. The indemnification provided above obligates CONTRACTOR to defend at its own expense or to provide for such defense, at OWNER'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against OWNER or CONSULTANT, excluding only those claims that allege that the injuries arose out of the sole negligence of OWNER or CONSULTANT. 6.34 The obligations of CONTRACTOR under paragraph 6.33 will not extend to the liability of CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by CONSULTANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 6.34A All of the forgoing indemnification provisions will survive the term of the Contract to which these General Conditions are a part. Indemnification may not exceed an amount equal to the total value of all insurance coverage required by Section S.I of this document. Indemnification is limited to damages caused in whole 144 of 167 or in part by any act, omission, or default of CONTRACTOR, CONTRACTOR's subcontractors, sub - subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons employed or utilized by the indemnifying party in the performance of the construction contract. Responsibility for Connection to Existing Work: 6.35 CONTRACTOR must connect its Work to each part of the existing Work, existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights -of -ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., must be done in accordance with requirements of the special conditions. OWNER will be responsible for obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the Work, CONTRACTOR must present to CONSULTANT certificates, in triplicate, from the proper authorities, stating that the Work has been done in accordance with their requirements. 6.36.1 OWNER will cooperate with CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.36.2 CONSULTANT is responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Project. Cooperation with Governmental Departments, Public Utilities, Etc.: 6.37 CONTRACTOR is responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as "third parties") owning or controlling roadways, railways, water, sewer, gas, electrical conduits, 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 are properly shored, supported and protected, that their location is identified and to obtain authority from these third parties for relocation if CONTRACTOR desires to relocate the item. CONTRACTOR must give all proper notices, must comply with all requirements of such third parties in the performance of his Work, must permit entrance of such third parties on the Project in order that they may perform their necessary work, and must pay all charges and fees made by such third parties for their work. 6.37.1 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. CONTRACTOR must cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.37.2 CONTRACTOR must be familiar with all codes, laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or materials and equipment use 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 damage or delay caused by his ignorance thereof. Use Premises: 6.38 CONTRACTOR must confine its apparatus, storage of materials, and operations of its workmen to the limits indicated by law, ordinances, permits and directions of CONSULTANT and City Manager, and may not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR nay not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor may it subject any work to stresses or pressures that will endanger it. 6.38.2 CONTRACTOR must enforce the rules and regulation promulgated by CONSULTANT and OWNER as well as their instructions with regard to signs, advertisements, fires and smoking. 6.38.3 CONTRACTOR must arrange and cooperate with the City Manager in routing and parking of automobiles of its employees, subcontractors and other personnel, as well as that of the material delivery trucks and other vehicles that come to the Project site. 6.38.4 The City Manager will designate specific areas on the site for storage, parking, etc. and the job site must be fenced to protect the job site and the general public. 6.38.5 CONTRACTOR must furnish, install and maintain adequate construction office facilities for all workers employed by it or by its Subcontractors. Temporary offices must be provided and located where directed and approved by CONSULTANT. All such facilities must be furnished in strict accordance with existing governing regulations. Field offices must include telephone facilities. 145 of 167 e Protection of Existing ProVerty Improvements: 6.38 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 must be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project must be restored at the expense of CONTRACTOR to a condition equal to that existing at the time of award of Contract. ARTICLE 7 - WORK BY OTHERS, 7.1 OWNER may perform additional Work related to the Project or may let other direct contracts therefor which must contain General Conditions similar to these. CONTRACTOR must afford the other contractors who are parties to such direct contracts (or OWNER, if it is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and must properly connect and coordinate its Work with theirs. 7.2 If any part of CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or OWNER, CONTRACTOR must promptly report to CONSULTANT in writing any defects or deficiencies in such Work that render it unsuitable for CONTRACTOR's Work. 7.3 CONTRACTOR must do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and fit to receive or be received by such other Work. CONTRACTOR may not endanger any Work of others by cutting, excavating or otherwise altering their Work and may only cut or alter their Work with the written consent of CONSULTANT and of the other contractor whose work will be affected. 7.4 If the performance of additional Work by other contractors or OWNER is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof will be given to CONTRACTOR prior to starting any such additional Work. If CONTRACTOR believes that the performance of such additional Work by OWNER or others will cause CONTRACTOR additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. 7.5 Where practicable, CONTRACTOR must build around the work of other separate contractors or must leave chases, slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, slots, etc., are impracticable, the Work will require specific approval of CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by CONTRACTOR must be cut by the separate contractor requiring such alterations after approval of CONTRACTOR. CONTRACTOR must do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing will be at the expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each contractor must coordinate their operation with those of the other Contractors for the best interest of the Work in order to prevent delay in the execution thereof. 7.8 Each of several contractors working on the Project Site must keep themselves 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 CONTRACTOR's operations, CONTRACTOR must notify CONSULTANT immediately and in writing. Lack of such notice to CONSULTANT will be construed as acceptance by CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR's own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination will be CONTRACTOR's cost. 7.10 The City Manager reserves the right in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. ARTICLE 8 — CITY'S RESPONSIBILITIES. 8.1 The City Manager will issue all communications to CONTRACTOR through CONSULTANT. 8.2 In cases of termination of employment of CONSULTANT, the City Manager will appoint a CONSULTANT whose status under the Contract Documents will be that of the former CONSULTANT. 8.3 The City Manager will promptly furnish the data required of them under the Contract Documents. 8.4 OWNER'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 OWNER will 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 146 of 167 may not have expired; but such taking possession and use will not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. •n ARTICLE 9 — CONSULTANTS' STATUS DURING CONSTRUCTION. City's Representative: 9.1 CONSULTANT will be OWNER'S representative during the construction period. The duties and responsibilities and the limitations of authority of CONSULTANT as OWNER'S representative during construction are set forth in Articles I through 16 of these General Conditions and will not be extended without written consent of the City Manager and CONSULTANT. 9.1.1 CONSULTANT's decision, in matters relating to aesthetics, will be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters in question between OWNER and CONSULTANT arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 CONSULTANT must provide an inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding in accordance with the Contract Documents. His efforts must be directed toward providing assurance for OWNER and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws, rules and regulations. On the basis of these on site -observations as an experienced and qualified design professional, he must keep the City Manager informed of the progress of the Work and must guard OWNER against defects and deficiencies in the Work of CONTRACTOR. Clarifications and Interpretations: 9.3 CONSULTANT will issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which will be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and/or interpretation, it will be required to submit a timely claim as provided in Articles I I and 12. Measurement of Ouantities: 9.4 All Work completed under the Contract will be measured by CONSULTANT 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 CONSULTANT will have authority to disapprove or reject Work that is "Defective Work" as defined in Article I. It will also have authority to require special inspection or testing of the Work including Work fabricated on or off site, installed or completed as provided. If CONSULTANT requires testing of completed Work, the cost of such inspections and/or testing must be approved in writing by the City Manager. All consequential cost of such inspections and testing, including but not limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others, the cost to move furniture and equipment and/or the cost to provide alternative facilities until the repair work can be completed, must paid by CONTRACTOR if the Work is found to be Defective Work. Shop Drawings, Change Orders and Payments: 9.6 In connection with CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. - 9.7 In connection with CONSULTANT's responsibility for Change Orders see Articles 10, 11, and 12. 9.8 In connection with CONSULTANT responsibilities with respect to the Application for Payment, etc., see Article 14. Decisions on Disagreements: 9.10 CONSULTANT will be the initial interpreter of the Construction Documents. Limitations on Consultant's Responsibilities: 147 of 167 9.1 1 CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 CONSULTANT will not be responsible for the acts or omissions of CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10 - CHANGES lb! THE WORK, 10.1 Without invalidating the Contract, the City Manager may, at any time or from time to time, order additions, deletions or revisions in or to the Work which will only be authorized by a written Change Orders. Upon receipt of a Change Order, CONTRACTOR must proceed with the Work involved. All such Work must be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article I I or Article 12. A written Change Order signed by the City Manager and CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders must be certified by CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances. The failure to include a time extension in the Change Order or in the request for a change order will result in a waiver of any extension of time due to the change in the work as reflected in the Change Order. 10.2 CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If CONTRACTOR believes that any change or alteration authorized by CONSULTANT's Field Order would entitles CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a written notice of intent to demand a Change Order within twenty-four (24) hours of the issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise CONTRACTOR will be deemed to have waived such claim. 10.3 Additional Work performed by CONTRACTOR without authorization of a written Change Order will not entitle it 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 6.21 and except as provided in paragraph 10.2. 10.4 The City Manager will execute appropriate Change Orders prepared by CONSULTANT covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.21 and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by CONSULTANT. 10.5 It is CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds will be adjusted accordingly. CONTRACTOR must furnish proof of such an adjustment to the City Manager before commencement of the Change Order Work. The Work will be stopped until CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay will be charged to CONTRACTOR. ARTICLE I I — CHANGE OF CONTRACT PRICE. 11.1 The Contract Price constitutes the total compensation payable to CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR will be at its expense without changing the Contract Price. 11.2 The City Manager may, at any time, without written notice to the sureties, by written order designated 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 to or in: 1 1.2.1 Specifications (including drawings and designs); 1 1.2.2 Method or manner of performance of the Work. 1 1.2.3 OWNER -furnished facilities, equipment, materials, services, or site; or 1 1.2.4 Acceleration in the performance of the Work. 11.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct of the City Manager will be treated as a Change Order or entitle CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in a written Change Order, or as otherwise provided in another section of the Contract Documents. 11.4 When a Change Order is issued by CONSULTANT and signed by the City Manager or issued by the City Manager in writing, CONTRACTOR must perform the Work even if CONTRACTOR does not agree with 148 of 167 11.5 11.6 1 1.7 1 1.8 the dollar amount of the Change Order. If any Change Order causes an increase or decrease in CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this Contract, for which the City Manager and CONTRACTOR cannot reach a timely agreement, an equitable adjustment based on the cost of the Work will be made and the Contract modified accordingly. , If CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by CONSULTANT, it must, within ten (10) calendar days after receipt of a written Change Order, `' submit to the City Manager and CONSULTANT a written notice including a statement setting forth the general nature and monetary extent of such claim for equitable adjustment, time extension requested and supporting data. In determining the cost of the Change Order, the costs will be limited to those listed in section 11.7 and 11.8. No claim by CONTRACTOR for an equitable adjustment hereunder will be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price will be determined in one of the following ways: 1 1.7.1 By negotiated lump sum. 1 1.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to CONTRACTOR to cover overhead and profit not to exceed 15%. If CONTRACTOR disagrees with CONSULTANT's determination of reasonable costs, the CONTRACT must provide a list of all costs together with backup documentation The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed to in writing by City Manager, such costs must be in amounts no higher than those prevailing in Miami -Dade County and may only include the following items: 1 1.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described in the Change Order under schedules of job classifications agreed upon by City Manager and CONTRACTOR. Payroll costs for employees not employed full time on the Work must be apportioned on the basis of their time spent on the Work. Payroll costs must be limited to: salaries and wages, plus the costs of fringe benefits which may include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees may include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays will be included in the above only if authorized by OWNER and provided it was not in any way, whether in whole or in part the result of the fault of CONTRACTOR due to negligence of CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of CONTRACTOR. 11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection therewith. CONTRACTOR must notify the City Manager of all cash discounts that are available and offer OWNER the opportunity to deposit funds with CONTRACTOR for the payment for items that offer a discount. Cash discounts will accrue to CONTRACTOR unless CONTRACTOR fails to timely notify the City Manager of the discounts or if OWNER deposits funds with CONTRACTOR with which to make payments in which cases the cash discounts will accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment will accrue to OWNER, and CONTRACTOR must make provisions so that they may be obtained. 11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by City Manager, CONTRACTOR must obtain competitive bids from Subcontractors acceptable to him and must deliver such bids to City Manager who will then determine, with the advice of CONSULTANT, which Bids will be accepted. No subcontract may be a cost-plus contract unless approved in writing by the City Manager. If a Subcontract provides , that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work will be determined in accordance this section 11.8 and in such case the word "Subcontractor" will be substituted for the word "CONTRACTOR". 1 1.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by City Manager with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof - all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts must cease when the use thereof is no longer necessary for the Work. 149 of 167 1 1.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 1 1.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 1 1.8.7 The cost of utilities, fuel and sanitary facilities at the site. 1 1.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 1 1.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the Work. 11.9 The term "Cost of the Work" does NOT include any of the following: 1 1.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph 11.5. 1 1.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 1 1.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 1 1.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 1 1.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 11.8. 11.10 CONTRACTOR'S fee which will be allowed to CONTRACTOR for its overhead and profit will be determined as follows: 1 1.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 1 1.10.2 A mutually acceptable fixed percentage (not to exceed 15%). 1 1.1 1 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in 1 1.8. When both additions and credits are involved in any one change, the net will be computed to include overhead and profit, identified separately, for both additions and credit, provided however, CONTRACTOR will not be entitled to claim lost profits for any Work not performed. ARTICLE 12 - TIME FOR COMPLETION LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME, 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore, the Work must be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion of the work. 12.2 CONTRACTOR must proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between CONTRACTOR and City Manager, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extension of time will be granted due conditions that CONTRACTOR knew of or should have known of before bidding on the project or due to inclement weather, except as provided in section 12.7. 12.3 If CONTRACTOR fails to complete the Work within the Contract Time, or extension of time granted by the City Manager, then CONTRACTOR must pay to OWNER the amount of liquidated damages as specified in the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by OWNER for its inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of 150 of 167 CONTRACTOR to complete the Contract on time. The above -stated liquidated damages will apply separately to each phase of the Project for which a time for completion is given. 12.3.2 City Manager is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the CONTRACT TIME will be based on written notice delivered to the City Manager and CONSULTANT within five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time will be evaluated and recommended by CONSULTANT, with final approval by the City Manager. Any change in the Contract Time resulting from any such claim must be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract. 12.6 No damage claim for delay is allowed and CONTRACTOR's sole remedy for delay caused by OWNER will be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather will not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnormal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: CONTRACTOR agrees that he will not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages will be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above, the only remedy for any delay will be limited to an extension of time as provided for in Section 12.4 which will be the sole and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR will not be entitled to an increase in the Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. 12.9 CONTRACTOR waives all claims that are not presented to City Manager in writing on or before the 21 st day following the date of the event upon which the claim is based. 12.10 Dispute Resolution: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, CONTRACTOR and the city department responsible for the administration of the Contract will make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney and CONSULTANT will rule on the disputed issue and send a written copy of its decision to CONTRACTOR. CONTRACTOR must comply with such decision and may not delay the project. ARTICLE 13 — GUARANTEE. 13.1 CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective Work for a period of one (1) year from the date of Final Acceptance as indicated in CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is applicable, the one that is issued last, for patent Defective Work,. CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly, all materials and equipment furnished and Work performed for three (3) years from the date of Final Acceptance as indicated in CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is applicable, the one that is issued last, for latent Defective Work. The City Manager will give notice of observed defects with reasonable promptness. In the event that CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect, or should CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulations, the City Manager may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Work at CONTRACTOR's expense, and the City Manager will charge CONTRACTOR the cost thereby incurred. The Performance Bond will remain in full force and effect through the guarantee period. 151 of *I 67 Y 13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13.1, will take precedence over Section 13.1. 13.3 CONTRACTOR must act as agent, on a limited basis for OWNER, at the City Manager's option, solely for the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract. 13.4 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 13.5 The City Manager may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items must be removed within five (5) business days by CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and City Manager will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind. Rejection for Non -Conforming Work or failure to meet delivery schedules may result in the Contract being found in default. ARTICLE 14. PAYMENTS AND COMPLETION. Payments to Contractor 14.1 CONTRACTOR will not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contract Documents and the issuance by City Manager of a "purchase order", or any other document, does not and will not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month), CONTRACTOR must submit to CONSULTANT a partial payment estimate filled out and signed by CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as CONSULTANT may reasonably require. All progress payment applications after the first progress payment must be accompanied by partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the work during the period of time for which the previous progress payment was made, releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate must also be accompanied by such supporting data, satisfactory to the City Manager, which establishes OWNER's title to the material and equipment as well as certificates of insurance providing coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and flood. CONTRACTOR must replace at its expense any stored materials paid for which are either damaged or stolen before installation. CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either certifying in writing its approval of payment and present the partial payment estimate to the City Manager, or return the partial payment estimate to CONTRACTOR, indicating in writing his reasons for refusing to approve payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. OWNER, will within thirty (30) calendar days of presentation to it of any approved partial payment estimate, pay CONTRACTOR a progress payment on the basis of the approved partial payment estimate. City Manager may retain ten (10%) percent of the amount of each payment until Final Completion and Acceptance of all Work covered by the Contract Documents. Any interest earned on the retainage will accrue to the benefit of OWNER. 14.2 CONTRACTOR, before it receives final payment, must deliver to the City Manager a Contractor's Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor, services or materials, directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release, the City Manager will have the right to issue a joint check made payable to CONTRACTOR and such person. 14.3 Punch list City Manager and CONTRACTOR will develop a single list of items required to render complete, satisfactory, and acceptable the construction services purchased by the local governmental entity. Within 30 calendar days after reaching substantial completion of the Project, City Manager will prepare a punch list of items that need to be completed and, within 5 days after the list of items has been developed and reviewed, the City Manager will deliver the punch list to CONTRACTOR. If the Project relates to more than one building or structure, or involves a multiphase project, the City Manager will prepare a separate punch list for each building and structure and if it is a multiphase project, for each phase, within 30 days of substantial completion of such building, structure and phase. [See Sec. 255.07, Fla. Stat.] (+ f 152 of 167 X7� � 1r..- The final contract completion date may not be less than 30 days after the delivery of the list of items. If the list is not timely delivered to CONTRACTOR, the contract time for completion must be extended by the number of days OWNER exceeded the required delivery date. Contractor's Warranty of Title 14.3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment whether the Work, material or equipment is incorporated in the Project or not, will have passed to OWNER prior to the making of the Application for Payment, free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no Work, materials or equipment, covered by an Application for Payment, will have been acquired by CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or such other person. Approval of Payment 14.4 CONSULTANT's approval of any payment requested in an Application for Payment will constitute a representation by him to OWNER, based on CONSULTANT's on site observations of the Work in progress as an experienced professional and on his review of the Application for Payment and supporting data, that the Work has progressed to the point indicated in the Application for Payment; that, to the best 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 as defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that CONTRACTOR is entitled to payment of the amount approved. However, the approval of such payment does not mean and may not imply that CONSULTANT 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 CONTRACTOR has used the moneys paid or to be paid to him, or that title to any Work, materials, or equipment has passed to OWNER free and clear of any liens. 14.5 CONTRACTOR will not be entitled to be paid unless: (a) the labor and materials listed on a payment application have been used in the construction of this Work or, as to materials included in the request for payment that have not yet been incorporated into the construction, such materials are on the site or stored at an approved location, and (b) payment received from the last payment application has been used to fully pay for all the laborers, subcontractors and materials reflected in that request, other than amounts that are in dispute and that are listed in the payment application with reasonable clarity as to the reason for withholding payment with the name, addresses and telephone number of the person whose request is being withheld. The payment application must contain the forgoing statement and the statement must be certified by CONTRACTOR as being true. In the event that CONTRACTOR withholds payment from a Subcontractor or Supplier, the same amount of money will be withheld from CONTRACTOR's payment until the issue is resolved by written agreement between them and then a joint check will be made payable to the person in question and CONTRACTOR in accordance with the settlement agreement, otherwise the money will be held by OWNER until a judgment is entered in favor of CONTRACTOR or the person, in which case the money will be paid according with said judgment. Nothing contained herein will indicate an intent to benefit any third persons who are not signatories to the Contract. 14.6 CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is unable to make such representations to OWNER as required this Section 14. It may also refuse to approve any payment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary in its opinion to protect OWNER from loss because: 14.6.1 of Defective Work, or completed 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 of Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contract Price has been reduced because of modifications, 153 of 167 �16j Y y r `fir 14.6.5 OWNER has corrected Defective Work or completed the Work in accordance with Article 13. 14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs -6.29 and 6.30, 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 CONTRACTOR, or 14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance, City Manager, with the approval of CONSULTANT, may use any completed or substantially completed portions of the Work provided such use does not interfere with CONTRACTOR's completion of the Work. Such use will not constitute an acceptance of such portions of the Work. 14.8 The City Manager has the right to enter the premises where the Work is being performed for the purpose of doing Work not covered by the Contract Documents. This provision may not be construed as relieving 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 agents or employees of OWNER. 14.9 Upon completion and acceptance of the Work CONSULTANT will issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents. The entire balance found to be due CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by OWNER, will be paid to CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with OWNER. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process of making payments to your organization going forward, City Manager will provide CONTRACTOR with a credit card account number to keep on file. This card has unique security features, with $0 of available funds until an invoice is approved for payment. After an invoice has received proper and complete approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact OWNER's Finance department at (305) 663-6343 with any questions. Acceptance of Final Payment as Release 14.11 The Acceptance by CONTRACTOR of Final Payment will be and will operate as a release to OWNER and a waiver of all claims and all liability to CONTRACTOR other than claims previously filed and unresolved. The waiver includes all things done or furnished in connection with the Work and for every act and neglect of OWNER and others relating to or arising out of this Work. Any payment, however, final or otherwise, will not release CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect OWNER from loss if he determines, because of subsequently discovered evidence or the results of subsequent inspection or tests, that: 14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed, or in the case of Final Completion certification, is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.12.4 there is Defective Work the value of which, if deducted from the contract price would reduce the amount owing to CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.13 If CONSULTANT de -certifies any portion of the Work that was certified ("Initial Certification") by CONSULTANT, CONTRACTOR must repay to OWNER any money paid as a result of said Initial Certification being issued which will be paid only when the decertified work is re -certified. ARTICLE IS — SUSPENSION OF WORK AND TERMINATION. IS. I The City Manager may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) calendar days by notice in writing to CONTRACTOR and 154 of 167 CONSULTANT, which will fix the date on which Work will be resumed. Except for the City Manager's exercising his right to suspend or terminate the contract pursuant to Article 6, Section 6.21 due to a state of emergency, CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles I I or Article 12. City May Terminate 15.2 If CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if he repeatedly fails to supply sufficient 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 CONSULTANT, or if he otherwise violates any provision of, the Contract Documents, then the City Manager may, without prejudice to any other right or remedy and after giving CONTRACTOR and the Surety seven (7) calendar days written notice, terminate the services of CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by CONTRACTOR, and finish the Work by whatever method it may deem expedient. In such case CONTRACTOR will not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR or the Surety on the Performance Bond must pay the difference to OWNER. Such costs incurred by OWNER will be determined by CONSULTANT and incorporated in a Change Order. If after termination of CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that CONTRACTOR was not in default, the rights and obligations of OWNER and CONTRACTOR will be the same as if the termination had been issued pursuant to Section 15.5 15.3 Where CONTRACTOR'S services have been so terminated by the City Manager said termination will not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR from liability. 15.4 Upon seven (7) calendar days' written notice to CONTRACTOR and CONSULTANT, the City Manager may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the convenience of OWNER. In such case, CONTRACTOR will be paid for all Work executed and accepted by the City Manager as of the date of the termination, minus any deduction for damage or Defective Work. No payment will be made for profit for Work which has not been performed. 1 SAA OWNER reserves the right in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract. Removal of Equipment 15.5 In the case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by the City Manager, must promptly remove any part or all of its equipment and supplies from the property of OWNER. Should CONTRACTOR not remove such equipment and supplies, the City Manager will have the right to remove them at the expense of CONTRACTOR and CONTRACTOR agrees that OWNER will not be liable for loss or damage to such equipment or supplies. Equipment and supplies will not be construed to include such items for which CONTRACTOR has been paid in whole or in part. Contractor May Stop Work or Terminate 15.6 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) calendar days by the City Manager or by order of other public authority, or under an order of court or CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, or OWNER fails to pay CONTRACTOR any sum approved by CONSULTANT, within thirty (30) calendar days of its approval, and presentation, then CONTRACTOR may, upon twenty (20) calendar days written notice to the City Manager and CONSULTANT, terminate the Contract. The City Manager may remedy the delay or neglect within the twenty (20) calendar days. If timely remedied by OWNER, the 155 of 167 Contract will not be considered terminated. In lieu of terminating the Contract, if CONSULTANT has failed to act on an Application for Payment or OWNER has failed to make any payment as afore said, CONTRACTOR may upon ten (10) calendar days' notice to the City Manager and CONSULTANT stop the Work until it has been paid all amounts then due. Indemnification of Independent Consultant. 15.7 CONTRACTOR and the City Manager hereby acknowledges that if CONSULTANT is an independent contractor of OWNER. CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of CONTRACTOR or OWNER pursuant to the terms of the Contract Documents. Therefore, OWNER, at CONSULTANT's request, agrees to provide CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold CONSULTANT harmless as to any decision in this regard before CONSULTANT makes an interpretation, de -certifies a payment application, decertifies Substantial Completion, decertifies Final Completion, certifies an event of default, or approves any action which requires the approval of CONSULTANT. ARTICLE 16 — MISCELLANEOUS. 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last known business address. 16.2 The Contract Documents are the property of OWNER. CONTRACTOR and CONSULTANT will have the right to keep one record set of the Contract Documents upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplementary Conditions, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to OWNER and CONSULTANT thereunder, will be in addition to, and will not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 16.4 Should OWNER or CONTRACTOR suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim must be made in writing to the other party within twenty-one (21) calendar days of the first observance of such injury or damage. ARTICLE 17 - WAIVER OF JURY TRIAL. 17.1 OWNER and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. ARTICLE 18 - ATTORNEYS FEES JURISDICTION 1 VENUE I GOVERNING LAW. 18.1 The Contract will be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. The parties agree that venue of any action to enforce the Contract is in Miami -Dade County, Florida. 18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. ARTICLE 19 - PROJECT RECORDS. 19.1 The City Manager has the right to inspect and copy during regular business hours at OWNER'S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR will retain and make available to City Manager all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project, CONTRACTOR must provide City Manager access to its books and records upon five (5) business day's written notice. 156 of 167 19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing services on behalf of OWNER and CONTRACTOR, under such conditions, must incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to.the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143. 19.3 If CONTRACTOR or its subcontractor does not comply with a public records request, the City Manager has the right to enforce this contract provision by specific performance and the person who violates this provision is liable to OWNER for its costs of enforcing this provision, including attorney fees incurred in all proceedings, whether administrative or civil court and in all appellate proceedings. ARTICLE 20 — SEVERABILITY. 20.1 If any provision of the Contract or the application thereof to any person or situation is, to any extent, held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it is held invalid or unenforceable will not be affected thereby, and will continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 — INDEPENDENT CONTRACTOR. 21.1 CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by CONTRACTOR must be by employees of CONTRACTOR and subject to supervision by CONTRACTOR, and not as officers, employees, or agents of OWNER. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract must be those of CONTRACTOR. ARTICLE 22 — ASSIGNMENT, 22.1 CONTRACTOR may not transfer or assign any of its rights or duties, obligations and responsibilities arising under the terms, conditions and provisions of this Contract without prior written consent of the City Manager. The City Manager will not unreasonably withhold and/or delay OWNER'S consent to the assignment of CONTRACTOR's rights. The City Manager may, in the manager's sole and absolute discretion, refuse to allow CONTRACTOR to assign its duties, obligations and responsibilities. In any event, OWNER is not obligated to consent to such assignment unless CONTRACTOR remains jointly and severally liable for any breach of the Agreement by the assignee, the assignee meets all of OWNER's requirements to the City Manager's sole satisfaction and the assignee executes all of the Contract Documents that were required to be executed by CONTRACTOR. ARTICLE 23 — FORCE MAIEURE. 23.1 Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include, but 157 of 167 not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. ARTICLE 24- E-VERIFY(448.09S(2) 24.1 As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Scat., Contractor and its subcontractors must register with and use the E-Verify system to verify work authorization status of all employees hired after January I, 2021. 24.1.1 Contractor must require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement 24.1.2 The City, Contractor, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(I), Fla. Stat. or the provisions of this section must terminate the contract with the person or entity. 24.1.3 The City, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the Contractor otherwise complied, must promptly notify Contractor and Contractor must immediately terminate the contract with the subcontractor. 24.1.4 A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such. 24.1.5 Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Agreement is terminated pursuant to paragraph b. or c. above. 24.1.6 Contractor acknowledges that upon termination of this Agreement by the City for a violation of this Section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this Section. 24.1.7 Subcontracts. Contractor or subcontractor must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and Contractor's failure to enforce compliance is a substantial and material breach of this Agreement. IN WITNESS WHEREOF, the parties hereto ha a executed th General Conditions to acknowledge their inclusion as part of the Contract Documents on this A day of \ .Q . 12021 ATTESTED: CONTRACTOR: 1..,• Signature: /-1— Print Signatory's Name: c-��-1f � V to (��i����I . Tide of Signatory:y 1 G2 T)� q, I cl`l I V Y OWNER: Signature: O Signature: Nkeng4A. Payn City Clerk 158 of 167 CITY OF SOUTH MIAMI VSharimali Read and Approved as to Form, Language, Legality, and Execution Thereof* Signature: d'ity Attorney At END OF SECTION 159 of 167 EXHIBIT 6 Supplementary Conditions CONSTRUCTION CONTRACT ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 58 TO 60 ST RFP #PW2021-38 A. Consultant: In accordance with ARTICLE I of the General Conditions the consultant (CONSULTANT) is defined as the person identified as the consultant in the Supplementary Conditions or if none, then OWNER'S designated representative as identified in the Supplementary Conditions. CONSULTANT's, if any, and OWNER's Designated Representative's name, address, telephone number and facsimile number are as follows: Consultant: SRS ENGINEERING, INC. 5001 SW 74 Court Suite 201 Miami, FL 33155 Ph: 3051662-8887 Fax: 305/662-8858 B. Termination or Substitution of Consultant: Nothing herein will prevent the City Manager from terminating the services of CONSULTANT or from substituting another "person" to act as CONSULTANT. C. Plans for Construction: The successful CONTRACTOR will be furnished sets of Contract Documents without charge. Any additional copies required will be furnished to CONTRACTOR at a cost to CONTRACTOR equal to the reproduction cost. D. The Scope of Services, also referred to as the Work in the contract documents, is as set forth in the RFP and in the attached EXHIBIT I, Attachments A. B. & C to the RFP and if there is a conflict the attached Exhibit will take precedence. E. Contractor must comply with the insurance and indemnification requirements is set forth in the RFP and in the document set forth in the attached EXHIBIT 2 to the RFP and if there is a conflict the attached Exhibit will take precedence. F. The Work must be completed in 90 calendar dais unless a shorter time is set forth in the Contract and in such event the Contract will take precedent notwithstanding any provision in the General Conditions to the Contract that may be to the contrary. G. CONTRACTOR has reviewed and checked all information and data with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. It is agreed by the parties that no additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by CONTRACTOR to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. H. CONTRACTOR has given the City Manager written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, CONTRACTOR represents, by submitting its proposal to the City Manager, that CONTRACTOR has received sufficient notice of the resolution thereof from the City Manager, that such resolution is acceptable to CONTRACTOR and that CONTRACTOR waives any claim regarding the conflicts, errors or discrepancies. IN WITNESS WHEREOF, the parties hereto hav xecuted t31M enta Condiiti��ns to acknowledge their inclusion as part of the Contract on this re day of ry , 20 !/7, CONTRACTOR: Hof Ili , 1Am V Q 1� 0 C Signature: p Print Signatory's Name:�� 1 Tt ly lcjy 11 L. Title of Signatory: ` _Qjl 64 l=t-- 160 of 167 w ATTESTED: OWNER: CITY OF SOUTH J,+IIAMI Signature: lovSignature: �— Nken . pay n Shari City CI k City Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: iry Attorney END OF SECTION 161 of 167 Tabulation Sheet Agency Name City of South Miami Bid Number RFP-RFP #PW2021-38-0-2021/SK Bid Name ROADWAY & DRAINAGE IMPROVEMENTS SW 62 Pl. FROM SW 58 TO 60 ST Bid Due Date 06/08/2021 10:00:00 Bid Opening Closed 14375 SW 120 it • RG Underground 06/08/2021 St Ste 104, $309398.72 Bidding Engineering, INC Miami, Document FL, 33186 13831 SW 59 Street, 12 • Rock Power 06/08/2021 Suite $396338.10 Bidding Paving, Inc. 204 Document Miami, FL, 33183 9312 NW 13th St, 13 • Star Paving 06/OB/2021 Bay #7, $442234.01 Bidding Corporation Donal, Document FL, 33172 13911 SW 42nd Team ST, Suite 14 . Contracting, Inc. 06/08/2021 209, $322203.09 Bidding Miami, Document FL, 33175 10850 NW 138th 15 . The Stout Group, 06/08/2021 Street, Bay #3, $329893.70 Bidding LLC Hialeah Document Gardens, FL, 33018 490 NW S River 16 . Construction 06/08/2021 Drive, Miami, $560541.39 Bidding IUAG FL, 133128 Document 260 RFP PW 2021-38 NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER PERFORMANCE BOND & INSURANCE REQURIED AS A CONDITION OF AWARD Bidder Bid Price E- Bid Package Bid Form SOV Bidder Qualif. Ref. List of Subs' Non Coll. Affidavit Public Entity Crimes and Conflicts Drug free Workplace OSHA Stds State Listings Related Party Presen Proof of Ins Signed Contract Sun Biz HARTEC $279,705.23 X X X X X X X X X X X X X N/A X RG UNDERGRD $309,398.72 X X X X X X X X X X X X X X X MAGGOLC $320,224.70 X X X X X X X X X X X X N/A N/A N/A TEAM CONT. $322,203.09 X X X X X X X X X X X X X N/A X QUALITY PAVING $323,291.49 X X X X X X X X X X X N/A N/A N/A STOUT GRP $329,893.70 X X X X X X X X X X X X X X X ATC ENG $332,774.60 X X X X X X X X X X X X X N/A N/A BACO ENG $338,103.70 X X X X X X X X X X X X X X X PABON $344,382.90 X X X X X X X X X X X X X X X ADA ENG $354,504.15 X X X X X X X X X X X X N/A X X BC&E $367,213.50 X X X X X X X X X X X X X X X GPE ENG $379,579.97 X X X X X X X X X X X X X X X JVA ENG $395,616.15 X X X X X X X X X X X X X X X ROCK POWER $396,338.10 X X X X X X X X X X X X X X X STAR PAVING $442,234.01 X X X X X X X X X X X X X X X IUAG CONST $560,541.39 X X X X X X X X X X X X X X X 261 Axv ALM Discover. Connect. Compete. ALM Media, LLC PO Box 936174 Please Remit To: Atlanta, GA 3119 CITY OF SOUTH MIAMI Attention To: NKENGA "NIKKI" PAYNE NKENGA A. PAYNE 6130 SUNSET DR SOUTH MIAMI, FL 33143 WcElvED J2 CLERK'S OFFICE I Daily Business Review Miami Dade Customer No: 900S479 Invoice or 10000629515-0512 Invoice Date: 05/12/2021 Due Date: Duo Upon Receipt AMOUNT DUE: $118.90 Amount Remmed PLEASE RETURN THIS SECTION IY1rH PAYMENT Daily Business Review Miami Dade Invoice Date: 05/12/2021 Customer#. 9005479 Invoices Descapeon Amount 10000529515-0512 PlacementlPoaition: Bids/Heam9s/MeeUngs/Ordim nces/Bid Notices 8 RFPs S118.90 Run Dates: 05/12J2021 Ad Size: 2 x 6.68 Inches SDS118.90 Subtotal CITY OF SOUTH MIAMI - RFP 11PVJ2021-38 Total Due 5118.90 Visit our online payment portal at https:/Iwww.almpavmentcenler.com to pay via credit card For bill Ing questions, please email: ALMcollectiun@aim.com. mew ALM Discover. Connect. Compete. 263 /f MIAMI DAILY BUSINESS REVIEW Puahshed Daily except Salwday, Sunday and Legal Holiday. MUM. Miami Dade County, Flanda STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA. who an oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review flute Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - RFP 41PW2021-3e in the XXXX Court, was published in said newspaper in the issues of 051120021 Alfiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida. for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor premised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. _ C.r, J�J-�.ry-../bbIUIb 111b Y11! 12 y of Y, AD. 2021 (SEAL) GUIULERMCfGARCIA personalty known to me F'•"-- CHRISTINALYNN RAVIX gp�, _ COMMISstomNG6277771 ^'sue .:` Expires November 192022 eo BWy dTlw TnyFainlrm' naMS00.3e5.7019 SOti7yy h � C 3 nal 927 �t 0 it 0' CITY OF SOUTH MIAMI ROADWAYSW 62 PL FROM SW 58 TO 60NTS ST RFP #PW2021-3S SUBMITTAL DUE DATE: JUNE 8, 2021 AT 10 AM The City is hereby requesting seated proposals in response to RFP opW2o21-36, ROADWAY & DRAINAGE IMPROVEMENTS SW 62 PL FROM SW 68 TO 60 ST. The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of SerWces, (EXHIBIT 1, Attachments A B & C) and the plans and/or specifications, if any, described in this Solicitation (hereinafter refined to as'the Project' or 'Project'). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the following webpage: http.ilwww.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information. The City will only receive submittals electronically through bthe -Dee 96tarr Electronic Bid System (E-Bidding). register o to hips://nelwork.dem_andstar coml See directions for registering and signing into your Demand5lar user amount on the next page following this Solicitation Cover Letter. proposa's must be receved elechonically though Demand5tar, no later than 10:00 &M. total time (the -Closing. Date_) on June B, 2021 and any Proposal received by the City through DemandSfar after 10:00 a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted. E-BID OPENING VIA VIDEO CONFERENCING: The opening of E-Bids for this solicitation will occur at 1tr.30 A.M. local time on (the Closing Date, June B, 2021. The City Clerk will conduct the E-Bid Opening through video conterencing using the Zoom platfor Members 6636339 oe public may view the meeting via Zoom at htfp@Jlzpp y313 faa hY dialing 7-1003 listen to the must on a dedicated phone Meeting ID: 3056636339. Nkenga A- Payne. CMC City Clerk, City of South Miam21-3610000529515M 5112 264 6/8/2021 Detail by Entity Name 1 JJ j org 1_;rJ�_rJ_�, Oepanment of Slate / Division of Corporations / Search R=rds / •Search by entity Name / Detail by Entity Name Florida Profit Corporation HARTEC GROUP, INC. EW g Information Document Number P09000017199 FEUEIN Number 26-4325232 Date Filed 02/24/2009 Effective Date 02/24/2009 State FL Status ACTIVE Last Event RESTATED ARTICLES Event Date Filed 11108/2019 Event Effective Date NONE ErladRal Address 8200 SW 187 TER CUTLER BAY, FL 33157 Changed: 11/08/2019 Mailing Address P.O. BOX 562312 MIAMI, FL 33176 Changed: 11 /08/2019 Registered Agent Name & Address FLORIDA CORPORATE SERVICES LLC 3006 AVIATION AVENUE STE. 2A COCONUT GROVE, FL 33133 Name Changed: 02/03/2020 Address Changed: 02/03/2020 Officer/Director Detail Name & Address Title P I HARDIE, MAURICE 1 265 search.sunbiz.org/inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder-HARTECGROU... 1 /2 61812021 Detail by Entity Name 8200 SW 187 TERR CUTLER BAY, FL 33157 Title VP 4ARDIE, GARRETT 15840 SW 148 TERR NIAMI, FL 33196 „4nnual Re ports Report Year Filed Date 2019 05/01/2019 2020 02/03/2020 2021 02/23/2021 Document Images 02Q3/2021 — ANNUAL REPORT View Image in PDF format 02N32020 — ANNUAL REPORT View image in PDF format 11/082019— RBafaled Articles View image in PDF formal 0510112019 —ANNUAL REPORT View image In PDF format 0510112018— ANNUAL REPORT View image in PDF format 051042017— ANNUAL REPORT View image in PUF format U0912016 —ANNUAL REPUR 1 View image In PDF format 91//112016 -- Amendment View image in PDF format 111302015 •• Amendment View image in PDF formal 04/292015 — ANNUAL REPORT View image in PDF format 0412112014 — ANNUAL REPORT View image in PDF formal 041)12013 — ANNUAL REPORT View image in PDF format 030 812012 — ANNUAL REPORT View image in PDF format W032Oil— ANNUAL REPORT View image In PDF format MI 010—Reg_6genlChange View image in PDF formal 041t12010—ANNUAL REPORT View image In PDF format 0224.2009 — Domestic. Profit View image in PDF formal 266 search sunbiz.org/Inquiry/CorpomtionSearch/SearchResultDetall?inquirytype=EntityNameBdirecUonType=lnitial&s archNameOrder—HARTECGROU... 212