bay county board of county commissioners

Project Number: 7442

FPN: 428175-1-58-01

BAY COUNTY BOARD OF COUNTY COMMISSIONERS

OFFICE OF THE PURCHASING DIRECTOR

840 W. 11 th STREET

PANAMA CITY, FL 32401

REQUEST FOR PROPOSAL (RFP)

11th Street Paved Shoulder and Sidewalk Project

SUBMITTED BY:

___________________________________

___________________________________

___________________________________

RFP NO. 10-21

TABLE OF CONTENTS

Subject Page(s)

Notice Request for Proposals……………………………………………………..… 2

Instructions for Proposers………………………………………………………. …3-7

Project Scope and Goals……………………………………………………………8-10

Specific Req uirements………………………………..………………………… 11-17

Special Provisions………………………………………………………..………..17-25

PUR 7068……………………………………………………………………….……26-27

Form of Drug Free W orkplace……………………………………………….………28

Form of Bid Bon d……………………………………………………………………...29

Form of Proposal

…………………………………………………………………..30-32

Form of Performanc e Bond………………………………………………………33-34

Form of Labor and Materi al Payment Bond………………………………………35

Form of Agreemen t……………………………………………………………..…36-38

Risk Management Requ irements………………………………………….……39-42

General Conditions……………………………………………………………..…43-53

Contractor Rating System for Public Works P rojects………………………54-56

APPENDIX A – LAP/Federal-Aid Contract Requirements………………..…..1-51

APPENDIX B – Bay County Traffic Signal Specifications………………1 Sheet

EXHIBIT 1 - Conceptual Typical Section……………..…………….….…...1 Sheet

EXHIBIT 2 – Conceptual Plan..……………………………………….……..6 Sheets

EXHIBIT 3 – Driveway Pipe Replacement Detail………………..….……..1 Sheet

EXHIBIT 4 – Generalized Detail of Grated Driveway with 4 Foot Trench Shoulders……………………………..…1 Sheet

BOARD OF COUNTY COMMISSIONERS

BAY COUNTY, FLORIDA

NOTICE REQUEST FOR PROPOSALS

Sealed Proposals for the 11 TH Street Paved Shoulder and Sidewalk Project shall be received by the

BOARD OF COUNTY COMMISSIONERS OF BAY COUNTY, FLORIDA at the Purchasing Division, 840 W.

11 th Street, Panama City, FL 32401 up until 1:30 PM (CST) on August 24, 2010. Sealed Proposals shall be publicly opened at 2:00 PM (CST) on August 24, 2010.

Proposals, an original and five (5) copies, shall be submitted in a sealed envelope, plainly marked with

Proposer’s name, address, date, time of opening, and RFP number 10-21 for 11 TH Street Paved Shoulder and Sidewalk Project.

Pre-qualification: 1. Proposal packages must include proof of Florida Department of Transportation (FDOT) qualification in the following categories: a. All design firms, to include construction firms with in-house design teams and sub-consultants (surveying, geotechnical, etc.) shall be qualified under Rule Chapter 14-75,

Florida Administrative Code, in the following types of work: Group 3, Type 3.1 (Minor Highway Design), Group

4, Type 4.1.1 (Miscellaneous Structures), Group 7, Type 7.3 (Signalization), Group 8, Type 8.2 (Design, Right of Way, and Construction Surveying), and Group 9, Type 9.1 (Soil Exploration, Material Testing, and

Foundations), Type 9.2 (Geotechnical Classification Lab Testing), and Type 9.3 (Highway Materials Testing). b. The prime construction contractor and all subcontractors shall be qualified under Rule Chapter 14-22,

Florida Administrative Code, in the following classes of work: Grading, Drainage, Flexible Paving, Hot Plant-

Mix Bituminous, and Specialty Classes of Work: Grassing, Seeding and Sodding, Traffic Signals, Pavement

Markings, and Roadway Signing. 2. The Engineer in responsible charge of design for this project shall be from a Firm having an office located in Bay County. 3. The Proposers production of asphaltic concrete for this project shall be from an FDOT approved asphaltic concrete production plant located in Bay County with an FDOT approved asphaltic concrete laboratory on –site.

DESCRIPTION OF WORK: The Design/Build Team (Proposer) will be responsible for designing, permitting and constructing roadway and pedestrian improvements on 11 th Street from Sherman Avenue to Transmitter

Road. Improvements include roadway resurfacing, construction of shoulder pavement, curb & gutter and sidewalk on each side of the road, and roadway widening for dedicated turn lanes at the Sherman Ave., East

Ave., School Ave. and Transmitter Road intersections. Includes installation of drainage structures, and installation of a mast arm traffic signal system at two intersections. Includes all surveying, geotechnical, engineering design and construction plans preparation work necessary to complete the project. All work shall be done in accordance with FDOT Standards and Specifications.

A MANDATORY Pre-Proposal meeting will be held at 1:00 PM (CST) on August 4th, 2010, in the Public

Works Department at 840 W. 11th Street, Panama City, Florida 32401. Point of Contact will be James

Clawson, Purchasing Director, at 850-248-8270. The principal engineer in charge of project design and the construction project manager must attend the pre-proposal meeting. Proposals will only be accepted from firms in attendance at this pre-proposal meeting.

RFP NO: 10-21

RFP documents are available to the Proposer at the Bay County Purchasing Division, 840 W. 11 th Street, Panama City,

FL 32401, and may be examined or obtained by contacting swalding@baycountyfl.gov

tel 1-850-248-8270. Inquiries regarding this RFP shall be directed to James Clawson, Purchasing Director, in written form, to jclawson@baycountyfl.gov

or FAX to 850-248-8276.

The Board of County Commissioners reserves the right to accept or reject any and all proposals in whole or in part, to waive informalities in the process, to obtain new proposals, or to postpone the opening pursuant to the Board’s purchasing policies. The project will be funded in fiscal year 2011 (beginning October 1, 2010). Proposals shall be valid to Bay County for a period of one hundred twenty (120) days after the opening.

Bay County is an Equal Opportunity Employer.

Submitted by James Clawson, CPPB

Purchasing Director.

NOTICE TO PUBLISHER: This legal ad to appear on July 22, 2010 .

Please forward the original “Proof of Publication” and the invoice to:

Bay County Finance Office

P.O. Box 2269

Panama City, Florida 32402

Purchase Order Number is 140673

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INSTRUCTIONS FOR PROPOSERS

General:

It is the intention of this Request for Proposal (RFP) to find a Design/Build Team (Proposer) that is capable of designing and constructing the 11 TH Street Paved Shoulder and Sidewalk

Project. The Proposer shall be responsible for complete design and construction including permitting and all permitting fees, engineering plans, construction drawings and all other work associated with complete construction of the roadway and pedestrian improvements project.

The design shall be reviewed and approved by the Bay County Public Works Department

Engineering Division prior to commencement of construction.

The County will enter into a Lump Sum contract with the successful Design/Build Team

(Proposer).

RFP documents are on file at the Bay County Purchasing Division, 840 W. 11 th Street, Panama

City, Florida. They may be examined at the above address or copies will be provided to proposers for a fee of $50.00 per set.

Proposals shall be submitted in a sealed envelope, plainly marked with Proposer’s name, address, date, and time of proposal opening and RFP number 10-21 for 11 TH Street Paved

Shoulder and Sidewalk Project. All prospective Proposers are required to visit the site of the proposed work location prior to submitting their proposal. The purpose of this visit is to acquaint the prospective Proposer with any and all conditions at the site. The prospective Proposer shall not be relieved from assuming all responsibility for properly estimating the difficulties and the cost of performing the services required within this RFP because of failure to investigate the conditions or become acquainted with all the information concerning the services to be performed.

All PROPOSALS must be made on the required proposal form. All blank spaces for proposal prices must be filled in, in ink or typewritten, and the proposal form must be fully completed and executed when submitted.

The OWNER may waive any informalities or minor defects or reject any and all PROPOSALS.

Any PROPOSAL may be withdrawn prior to the PROPOSAL opening. Any PROPOSAL received after the time and date specified shall not be considered. No prospective Proposer may withdraw a PROPOSAL within 120 days after the actual date of the opening. Should there be reasons why the contract cannot be awarded within the specified period; the time may be extended by mutual agreement between the Owner and the prospective Proposer.

Proposers shall provide, for each Firm comprising the Design/Build Team, proof of payment of

Bay County Taxes if applicable or if there is no tax liability with Bay County the Proposer shall obtain a statement from the Bay County Tax Collector stating no taxes are owed. Proposers may contact the Bay County Tax Collector at:

Peggy C. Brannon

Tax Collector, Bay County

P.O. Box 2285

Panama City, Florida 32402

Phone (850) 248-8501, Fax (850) 248-8541

The Bay County Board of County Commissioners reserves the right to declare a prospective

Proposer as non-responsive should the prospective Proposer be delinquent in the payment of

Bay County taxes.

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The CONTRACT DOCUMENTS contain the provisions required for design and construction of the project. Information obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the

PROPOSER or relieve the Proposer from fulfilling any of the conditions of the contract.

Pre-Proposal Meeting:

The proposer’s construction project manager and engineer in responsible charge of design shall attend the Pre-Proposal Meeting. Any Proposer whose construction manager and engineer in responsible charge of design fail to attend will be deemed non-responsive and automatically disqualified from further consideration. The purpose of this meeting is to familiarize proposers with the project and answer questions.

After the pre-proposal meeting proposers shall direct any questions or RFP defectives to the

County Purchasing Officer. All questions and defectives shall be submitted at least ten (10) calendar days prior to proposal submittal date.

In the event that any discussions or questions at the pre-proposal meeting or afterward require additional clarification the County will issue a written summary of questions and answers as an addendum to this Request for Proposal.

Non-Responsive Proposals:

Proposals found to be non-responsive shall not be considered. Proposals may be rejected if found to be in nonconformance with the requirements and instructions herein contained. A proposal may be found to be non-responsive by reasons, including, but not limited to, failure to utilize or complete prescribed forms, conditional proposals, incomplete proposals, indefinite or ambiguous proposals, failure to meet deadlines and improper and/or undated signatures.

Other conditions which may cause rejection of proposals include evidence of collusion among

Proposers, obvious lack of experience or expertise to perform the required work, submission of more than one proposal for the same work from an individual, firm or corporation under the same or a different name (also included for Design-Build projects are those proposals wherein the same Design Firm or Engineer is identified in more than one proposal), failure to perform or meet financial obligations on previous contracts or employment of unauthorized aliens in violation of Section 274A (e) of the Immigration and Nationalization Act.

Proposals will also be rejected if not delivered or received on or before the date and time specified as the due date for submission.

This Request for Proposal does not commit the County to make studies or designs for the preparation of any proposal, nor to procure or contract for any articles or services. Proposers shall examine the Contract Documents and the site of the proposed work carefully before submitting a proposal for the work contemplated and shall investigate the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished and as to the requirements of all Contract Documents. Proposers are not expected to do any surveying or detailed design in preparing proposals.

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Design-Build Contract:

The County will enter into a Lump Sum contract with the successful Design/Build Team

(Proposer). The Proposer selected by the County shall submit a schedule of values to be used for a payment draw schedule to the County a minimum of 10 days prior to the project kickoff meeting. The draw schedule shall be subject to review, modification and approval by the

County. The total of the Schedule of Values in the draw schedule will be the lump sum contract amount. No invoices will be processed until County staff has approved the schedule of values.

The terms and conditions of this contract are fixed price and fixed time. The Proposers submitted bid (time and cost) is to be a lump sum bid for completing the scope of work detailed in the Request for Proposal. Prior to being awarded the contract, the winning Proposer must provide proof of insurance that meets the Risk Management Requirements shown herein.

Proposer Certifications:

1. Proposal packages must include proof of Florida Department of Transportation (FDOT) qualification in the following categories: a. All design firms, to include construction firms with in-house design teams and sub-consultants (surveying, geotechnical, etc.) shall be qualified under Rule

Chapter 14-75, Florida Administrative Code, in the following types of work:

Group 3, Type 3.1 (Minor Highway Design), Group 4, Type 4.1.1 (Miscellaneous

Structures), Group 7, Type 7.3 (Signalization), Group 8, Type 8.2 (Design, Right of Way, and Construction Surveying), and Group 9, Type 9.1 (Soil Exploration,

Material Testing, and Foundations), Type 9.2 (Geotechnical Classification Lab

Testing), and Type 9.3 (Highway Materials Testing). b. The prime construction contractor and all subcontractors shall be qualified under

Rule Chapter 14-22, Florida Administrative Code, in the following classes of work: Grading, Drainage, Flexible Paving, Hot Plant-Mix Bituminous, and

Specialty Classes of Work: Grassing, Seeding and Sodding, Traffic Signals,

Pavement Markings, and Roadway Signing.

2. The Engineer in responsible charge of design for this project shall be from a Firm having an office located in Bay County.

3. The Proposers production of asphaltic concrete for this project shall be from an FDOT approved asphaltic concrete production plant located in Bay County with an FDOT approved asphaltic concrete laboratory on –site.

4. The asphaltic concrete producer shall employ a Quality Control Plant Technician holding a valid Asphalt Plant Level II certification who shall be available at the plant laboratory to do sampling and testing when the plant is producing asphaltic mix for the County that is designed to meet FDOT specifications. All job mix formulas shall be designed by an

FDOT certified Asphalt Mix Designer and the mix shall be approved by the FDOT. The plant shall employ a Quality Control manager in accordance with FDOT Specification

Section 105-5.2.

5. The Contractor shall have a Worksite Traffic Supervisor qualified per FDOT Specification

Section 105-5 and who shall execute the duties described in FDOT Specification Section

102-3.

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6. A FDEP qualified Stormwater Management Inspector shall inspect the construction site in accordance with the Pollution Control Inspection Plan. The Proposer’s personnel or representative responsible for NPDES Compliance inspection for Stormwater Pollution

Prevention shall have a current Qualified Stormwater Management Inspector certificate.

Proposal Submittal Requirements:

Each Proposer being considered for this project is required to submit a design-build proposal.

The proposal shall include sufficient information to enable the County to evaluate the capability of the Design-Build Team to provide the desired services. The data shall be significant to the project and discussions of past performances on other projects shall be minimized except as they relate to the proposed work.

All submittals are to be on 8 ½” x 11” paper or if larger documents are required they are to be folded to 8 ½” x 11” size.

Proposals should be stapled together or bound with comb binding. Proposals submitted in three ring binders will not be accepted. Submit an original and five copies (5) copies of the designbuild proposal to:

Bay County Purchasing Division

840 W. 11 th Street

Panama City, Florida 32401

The proposals shall include the following items in the order listed:

1. PUR 7068 Public Entity Crime Form

2. Form of Drug Free Workplace

3. Form of Bid Bond

4. Business, contractor and professional licenses for all team members to include subcontractors.

5. Required certifications and approvals.

6. Form of Proposal to include subcontractors.

7. Project Organization Chart – the chart shall only include personnel that will work in the project. The lead firm and overall project manager shall be identified. The engineer in responsible charge of the project design shall be clearly indicated along with all team members supervised by this individual.

8. A matrix showing all project construction team members names and certifications. The matrix shall include the project manager, construction foreman, paving foreman, subcontractor foremen, NPDES inspector(s), maintenance of traffic supervisor, and quality control personnel.

9. SF 330 – for prime contractor, design firm and all subcontractors. The SF 330 Section E shall only include personnel that will be working on the project. Section F “Example

Projects Which Best Illustrate Proposed Team’s Qualifications for This Contract” shall only include projects that demonstrate experience in designing and constructing roadway widening, signalization and pedestrian facilities projects.

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10. Approach and understanding of the project. This should be a narrative description and any applicable illustrations to show that the proposer understands all elements of the project, to include but not limited to: site conditions, project coordination responsibilities, permitting, safety issues, quality control of design and construction, design and construction sequence, etc.

11. Change order history showing dollar amounts and time extensions over past 3 calendar years.

12. Current workload and ability to incorporate this project into workload.

13. Project schedule

– The schedule should assume a Notice To Proceed date 75 days after the proposal opening date.

The proposers may not change team members and subcontractors at any time after bid opening from what was presented in their proposal unless approved by the County. Prime construction contractors and design firms shall only be on one team.

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PROJECT SCOPE AND GOALS

Project Scope

It is the intent of this RFP to find a Design/Build Team (Proposer) to design, permit and construct the 11 th Street Paved Shoulder and Sidewalk Project (Sherman Avenue to

Transmitter Road). The project is to be constructed within the time constraints and the project budget listed herein. The project will be funded in fiscal year 2011, beginning October 1, 2010.

Proposals shall be valid to Bay County for a period of one hundred twenty (120) days after the opening. The project has the following tasks:

1. Construct the roadway and pedestrian improvements described in the Conceptual Typical

Section (EXHIBIT 1) and Conceptual Plan (EXHIBIT 2), which include: a. Remove Existing Roadway Pavement, 24’ wide. b. Reconstruct Roadway Pavement, 22’ wide (11’ wide Travel Lanes). c. Construct 4 ’ wide Paved Shoulders each side. d. Construct Type F Curb & Gutter (2’ wide) each side. e. Construct 5 ’ wide Concrete Sidewalk each side. Sloping sidewalk to drain away from roadway curb is acceptable. f. Construct shoulder embankment as necessary and tie to front slope of existing ditch or shoulder. Stabilize slopes per Special Provisions Section 7. g. Install pedestrian picket railing system along back of sidewalk as necessary to protect pedestrians from drop-off hazards. h. Construct intersection improvements at Sherman Avenue, East Avenue, School

Avenue and Transmitter Road, the major elements of which are summarized in the table below.

11 th Street Intersection Improvements

Intersection

Road Widening

Eastbound

Left Turn

Lane

Westbound

Left Turn

Lane

Traffic Signal

Install Mast

Arm System

Relocate

Existing

Install

Pedestrian

Signals

Pan-Tilt-Zoom

Camera

Install

Sherman Ave.

East Ave.

School Ave.

X

X

X

X

X X

X

X

X

Transmitter Rd. X X X X i. Shift the alignment of 11 th Street northward as necessary to protect the existing drainage ditch along the south side of the road between East Avenue and Everitt

Avenue intersections (do not reduce capacity of existing ditch).

Relocate

Existing

X

X j. Install all drainage inlets, pipe and structures necessary to collect and convey

11 th Street runoff to the existing drainage systems or ditches. k. At the East Avenue intersection, coordinate with the City of Panama City and tie proposed drainage pipe and structures to the City of Panama City’s proposed

11 th Street & East Avenue Stormwater Improvement Project as applicable. The

City project includes installation of drainage pipe (68” x 43” ERCP) and structures from the south east corner to the north east corner to the north west corner of the

East Avenue intersection, then approximately 385 feet westward along the north side of 11 th Street. The City estimates starting construction in August 2010 and completing construction by the end of September 2010.

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PROJECT SCOPE AND GOALS l. Extend and/or modify existing cross drains and headwalls as necessary. m. Construct concrete turnouts at all intersecting driveways. Adjust existing driveways as necessary to tie to back of turnout. n. Construct sidewalk curb ramps at all intersecting roadways. o. All driveway and road intersections must meet all Americans with Disabilities Act

(ADA) requirements for slope, travel way width, marking and detection warning. p. Comply with all notes in EXHIBITS 1 and 2.

2. Provide all surveying necessary to design, permit and construct the project, and to prepare the as-built per the Special Provisions. Locate, and show in the construction plans, all Right-of-Way (ROW) lines and boundaries of wetlands. All wetland delineation shall be submitted to the County for review prior to release to any outside office, agency, persons, etc.

3. Provide all geotechnical testing necessary to design, permit and construct the project.

4. Provide all maintenance of traffic (MOT) necessary for surveying, geotechnical testing, and construction of the project. The plans shall include a traffic control in workzone plan that is designed by an individual holding an FDOT Advanced Traffic

Control in Workzone certificate.

5. Conduct all Quality Control testing required during construction per the FDOT

Specifications. The County will provide Contractor Verification Testing and FDOT will assist in any resolution testing.

6. Provide all erosion and sedimentation control required for the project. An erosion control plan shall be included in the plans and shall be specific as to the locations and types of best management practices (BMPs) utilized. The use of generic details and charts will not constitute a complete erosion control plan. The plans shall show the location, quantities and types of BMPs used on the project.

7. Sodding shall be used in all disturbed areas, unless slopes are steeper than 1:2

(V:H), then follow stabilization requirements in the Special Provisions. Use sod in place of any reference to seed and mulch within this RFP. Sod shall be placed over prepared soil as specified in the FDOT Specifications Section 162. All grassing or

Sodding shall be done with Bahia or Bermuda grass except in areas where residences and businesses have a different type of sod. In those cases the grass or sod shall match the existing, usually St. Augustine or Centipede.

8. Provide all traffic and pedestrian pavement striping and markings required for the project. Final permanent striping and markings shall be thermoplastic. Install retroreflective pavement markers (RPM) on the final pavement surface.

9. Relocate junction boxes for the fiber-optic traffic signal interconnect cable as necessary to outside the proposed roadway pavement or shoulder pavement.

Junction boxes shall be flush with the proposed sidewalk or ground surface.

Coordinate with the Bay County Traffic Engineering Division (248-8740) prior to any work on the cable system.

10. Remove and relocate traffic signs and flashing school signals as necessary.

11. Adjust existing manholes to be flush with proposed pavement, sidewalk or shoulder surface.

12. Relocate existing driveway culverts as necessary, and reinstall per EXHIBIT 3.

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PROJECT SCOPE AND GOALS

13. All driveway culverts shall meet the minimum criteria shown in EXHIBIT 3. Replace existing driveway pipes as necessary to meet this criteria.

14. Coordinate with Utility owners to relocate utility poles, lines and junction boxes as necessary.

15. Coordinate Right-of-Way encroachment, removal or relocation with abutting property owners.

16. Determine clear zone requirements and design/construct to accordingly.

17. At the School Avenue intersection in the south west corner, improve upon the existing drainage system by eliminating the safety hazard (hole) caused by two close-abutting drainage pipes.

18. Provide public information and notices.

19. Chair all project meetings, to include preparation and distribution of meeting agendas, attendance roosters, and minutes.

20. Develop and prepare Construction Plans (D Size) for the Project Managers review and approval at the Conceptual, 60% and 90% phases of design.

21. Prior to plans being approved for construction, the Proposer shall provide a signed and sealed design report showing all necessary engineering and storm water calculations.

Budget and Time Constraints. The project is funded with FHWA funds (FPID 428175-1-58-01) provided through a Local Agency Program (LAP) Agreement with FDOT. The project budget is

$2,500,000 and fully funded by FDOT. The LAP Agreement stipulates the project be completed on or before December 31, 2011. To ensure this deadline is met, Proposers shall submit a schedule with their proposal that includes time for weather delays and at least 30 days to complete the punchlist and provide a final project invoice by December 31, 2011.

Project Goals

1. Foster good teamwork between County staff and the Design/Build Team (Proposer).

2. Good communications with residents, business owners and motorists in the project impact area.

3. No public controversy due to actions of the Proposer.

4. Construct the roadway, intersection and pedestrian improvements on 11 th Street as outlined in the Scope and EXHIBITS 1 and 2.

5. Comply with all federal, state and local requirements for the project to include, but not limited to Americans with Disabilities Act (ADA), stormwater permitting, federal aid contract requirements and employment of undocumented workers.

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SPECIFIC REQUIREMENTS

General:

The Design/Build Team (Proposer) shall be responsible for complete design and construction including surveying, verifying existing site conditions, geotechnical investigations, maintenance of traffic, construction erosion control, permitting and permitting fees, coordination with other agencies, engineering plans, construction drawings, technical specifications, and all other work associated with complete construction of the roadway project.

The design shall be reviewed and approved by the County Project Manager prior to commencement of construction or fabrication of any structures.

Performance Standards:

The project shall be designed and constructed in accordance with the following standards: a. FDOT Manual of Uniform Minimum Standards for Design, Construction and

Maintenance for Streets and Highways (Florida Green Book) (May 2007) b. FDOT Flexible Pavement Design Manual (March 2008) c. FDOT Drainage Manual (January 2008) d. FDOT Standard Specifications for Road and Bridge Construction (2007) e. FDOT Design Standards for Design, Construction, Maintenance and Utility

Operations on the State Highway System (2010) f. FDOT Plans Preparation Manual, Vol. I and II (January 2006, Revised Jan. 1,

2008) g. FDEP Rule 62-340 (Florida Wetland Delineation) h. FDEP Rule 62-346 (Environmental Resource Permitting in Northwest Florida) i. AASHTO Geometric Design of Highways and Streets (2004) j. Manual on Uniform Traffic Control Devices (MUTCD) (2003)

Surveying:

Survey work must be current (performed within the past 90 days), comply with all pertinent Florida Statutes and applicable rules in the Florida Administrative Code, and be accomplished in accordance with the FDOT Location Survey Manual, Topic Nos.

550-030-000 through 550-030-012 (760-000/760-012). This work must comply with the

Minimum Technical Standards for Land Surveyors, Florida Administrative Code, pursuant to Section 472.027, F.S. and any special instructions from the COUNTY. This survey also must comply with the Department of Environmental Protection Rule,

Chapter 18-5, F.A.C. pursuant to Chapter 177, Florida Statutes, and the Department of

Environmental Protection State Jurisdiction Boundary Surveys where applicable.

Geotechnical Services:

The Contractor is responsible for identifying and performing any geotechnical investigation, analysis, and design dictated by the project needs. Geotechnical work and findings shall be documented in a report, and a signed and sealed copy provided to the County Project Manager by the 60% design submission.

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Construction Plans (Preparation, Review, and Approval):

The construction plans shall be prepared in general conformance with the FDOT Plans

Preparation Manual. Plans shall be submitted to the County Project Manager for review and coordination at the Conceptual, 60% and 90% phases of design. Two (2) copies of the plans shall be submitted for each phase, all on

D (24” x 36”) size paper. The plans shall be submitted a minimum of 10 working days prior to the corresponding design review meeting with County staff.

The final set of plans shall be signed and sealed by the Proposer ’s Professional

Engineer in responsible charge. One (1) signed and sealed set of the final plans and two (2) unsigned copies shall be submitted to the County Project Manager, a minimum of 5 working days prior to construction of any portion of the project. Additionally, a digital set of final plans shall be submitted on CD or DVD in .dwg file format to the County

Project Manager.

At project completion, one (1) signed and sealed set of as-built plans on D (24” x 36”) size paper shall be submitted to the County Project Manager. Additionally, a digital set of as-built plans shall be submitted on CD or DVD in .dwg and .pdf or .dwf file format to the County Project Manager. As-builts must be accompanied by certification on the drawings from a licensed Florida Surveyor, which verify elevations of all pipes, inlet boxes and discharge structures which comprise the stormwater system, or as required by the County Engineer.

Progress Reporting:

The Proposer shall provide a written progress report by close of business the first workday of each month for the previous months work and an updated project schedule each month to the County Project Manager, describing the work performed during the month and any items of concern.

Meetings:

The Proposer shall be responsible for scheduling, organizing, preparing agendas for, running (chairing) and recording all meetings necessary for design and construction, as well as preparing and distributing meeting minutes. Meetings to be held include, but are not limited to: a. Project Kick-off meeting with County Staff. b. Drainage Design meeting with County Staff to be held prior to proceeding with the drainage design (see Drainage Requirements). c. Design Review meetings with County Staff at the Conceptual, 60% and 90% phases of design. d. Meetings with Bay District Schools, the City of Panama City, and other agencies as necessary to determine Owner requirements. e. Coordination meetings with Utility Companies, Permitting Agencies, etc. f. Pre-Construction Meeting with County Staff, Utility Companies and any other impacted stakeholders.

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Utility Coordination:

The Proposer is responsible for all utility coordination, which includes but is not limited to: a. Ensuring that utility coordination and design is conducted in accordance with the

County’s standards, policies, procedures, and design criteria. b. Identifying all existing utilities and coordinating any new installations. c. Scheduling utility meetings, preparing and distributing minutes for all utility meetings, and ensuring expedient follow-up on all unresolved issues. d. Distributing all plans, conflict matrixes and changes to affected utility owners and making sure this information is properly coordinated. e. Identifying and coordinating the completion of any County or utility owner agreement that is required for reimbursement, or accommodation of the utility facilities associated with the project. f. Assisting the Engineer of Record and the Contractor with resolving utility conflicts. g. Review of all Utility Work Schedules. h. Obtaining and maintaining Sunshine State One Call Design to Dig Tickets. i. QA Review of construction plans prior to construction activities for completeness. j. Periodic project updates to the County as needed.

Roadway and Pedestrian Facilities Requirements: a. Reconstructing the roadway pavement, depicted in EXHIBIT 1, shall include removing the existing 24 foot wide asphalt pavement (depth varies 2” to 4” based on 5 cores taken), preparing the existing base to include scarifying, adding base material, blending, grading and compacting as necessary, prime coat, and constructing a new asphalt pavement structural course (Type SP-9.5 or SP-12.5

, 2.0” min., 22 foot wide) with cross slopes in the range of 0.02 – 0.04 ft/ft. Final pavement surface must pass a Rolling Straight Edge Test (FM 5-509), to be conducted by the Proposer. Place structural course in multiple lifts as applicable to achieve smoothness. b. If milling is used for pavement removal, the Proposer shall haul the asphalt concrete millings to a County designated stockpile location (see

Special Provisions Section 2). If pavement removal is done by methods other than milling, the Proposer is responsible for disposing of the removed pavement. c. Roadway widening minimum requirements are Type B Stabilization of the subgrade (LBR 40), Optional Base Group 9, and 3.0” Type SP-9.5 or SP-

12.5 structural course placed in multiple lifts to achieve smoothness. d. Shoulder Pavement minimum requirements are Type B Stabilization of the subgrade for areas where the existing subgrade material is less than

LBR 40, Optional Base Group 1, and 1.5” Type SP-9.5 or SP-12.5 structural course. Cross Slopes to range from that of adjacent travel lane to 0.08 ft/ft maximum. Asphalt concrete millings from the project site meeting FDOT Specifications Section 283 are acceptable for OBG 1.

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SPECIFIC REQUIREMENTS e. Curb ramp detectable warning devices shall be replaceable composite

(wet-set) tactile or cast-in-place composite tactile by ADA Solutions, Inc., or equal. Pads shall be yellow in color and, when required, neatly cut to conform to curbing. f. At the Transmitter Road intersection, align the proposed Eastbound Thru

Lane, Eastbound Left Turn Lane and Westbound Thru Lane on the west side of the intersection with the respective lanes on the east side of the intersection which are currently under construction by Gulf Asphalt, Inc.

(GAC). Coordinate with GAC as necessary to ensure lane alignment. g. Compact asphaltic concrete in static rolling mode only. h. Spray proposed sidewalk areas for weeds before pouring sidewalks. i. Provide ADA accessible sidewalk crossing at the rail road tracks. j. Grated driveways shall conform to the “Generalized Detail of Grated

Driveway with 4 Foot Tre nch Shoulders” (EXHIBIT 4). k. The following coring data is provided as background information.

Core No.

Location

C-16

Between

Center

Ave. and

Spring Ave.

11th Street Coring Summary

C-17

Between East

Ave. and

Marion

Joyner Dr.

C-18

Between

Everitt Ave. and School

Ave.

C-19

Between

Sheffield Ave. and Helen

Ave.

Asphalt

Wearing

Surface

Thickness (in)

2.75

Base Type SAHM

Base Thickness

(in)

Total Asphalt

Thickness (in)

Drainage Requirements:

1.75

4.50

2.25

Sand-Shell

1.50

2.25

2.25

Sand-Shell

9.75

2.25

2.13

Sand-Shell

9.88

2.13

C-20

Between Detroit

Ave. and Transmitter

Rd. a. All drainage plans and designs are to be prepared in accordance with the FDOT

Drainage Manual, and the requirements in this document. The Proposer shall use a design storm event with a return frequency of 10 years and of a critical duration. b. The roadside drainage design shall take into account all stormwater runoff that enters the 11 th Street right of way from offsite and roadside runoff. c. There is known flooding in this the Watson Bayou Basin Area and reduction of the existing roadside drainage system for the following large roadside ditches shall not be allowed: 1) The ditch on the south side of 11 th Street between East

Avenue and Everitt Avenue, and 2) The ditch on the north side of 11 th Street between College Avenue and Sherman Avenue. d. The storm sewers and overland flow systems shall be designed to handle the stormwater runoff from a storm of critical duration, to include the time of concentration storm and a return frequency of 10 years. For this storm, there shall be no flooding of the travel lanes. A storm of critical duration and 100 year return frequency shall be checked for flooding of the travel lanes. In the case of any road flooding the system shall have the capacity to drain away all flooding

4.01

Sand-Shell

9.00

4.01

14

SPECIFIC REQUIREMENTS within an eight hour period. Swales included in overland conveyance shall be freely draining and shall not allow ponding in the swales. Any proposed piping system shall have a minimum slope of 0.2% and have a maximum inlet spacing of 300 feet. Any cross drains that are not part of the main pipe run shall be sized for the design flow, but should be a minimum of 18” in diameter. The design shall ensure that all roadside drainage is conveyed to drainage inlets. No prefabricated grate systems shall be allowed on the project. Trench grates shall not be used across road intersections. e. For the remainder of the project, the existing roadside drainage system capacity shall not be reduced unless it can be shown that the system meets at a minimum the 25 year critical storm event. f. Any use of grated systems across sidewalks shall be preapproved by County staff and shall adhere to the following conditions: The trench opening shall be

12” wide minimum. The grate shall be wider as necessary and the minimum depth of trench shall be 8” from bottom of grate. The grate shall be secured to the sidewalk and ADA compliant. No metal tubular systems or other similar systems with the top flush to the top of the sidewalk shall be allowed. g. The Proposer will consider optional culvert materials in accordance with the

County’s policies. Acceptable cross drain materials are RCP and ERCP.

Acceptable side drain materials are RCP, ERCP and BCCMP. HDPE pipe meeting FDOT Specifications material and cover requirements are allowed outside of roadway pavement areas. Use of HDPE is subject to approval of the

County Engineer. h. Prior to proceeding with the drainage design, the Design/Build Team (Proposer) shall meet with the County Project Manager. The purpose of this meeting is to provide information to the Proposer that will better coordinate the preliminary and final drainage design efforts. This meeting is mandatory and is to occur 15 working days prior to any submittals containing drainage components. i. For type, location and spacing of curb inlets and sidewalk flumes, meet the criteria contained in Sections 3.7.1 and 3.9 of the FDOT Drainage Manual

(2008). Provide design calculations to the Project Manager showing adherence to these criteria with the final set of construction plans. j. All drainage system inlet boxes shall have a sump bottom (12” min.) and bottom weep hole with bottom filter drain per the Sump Bottom Detail shown in FDOT

Index 201, unless otherwise directed by the County Engineer. k. At minimum the runoff from the additional impervious area added for this project must be treated to state water quality standards plus any other amounts as required by the Northwest Florida Water Management District. l. The cost of all permits shall be included in the proposed price. Water quality treatment must be done within the existing right of way and no additional right of way or property purchases will be allowed.

Signalization Requirements:

In addition to FDOT Design Standards and Specifications, all traffic and pedestrian signal equipment and camera equipment to be installed shall comply with Bay County

Traffic Signal Specifications (APPENDIX B).

Design Documentation and Computations:

The Design/Build Team (Proposer) shall submit with the final plans the design notes and computations to document the design conclusions reached during the development of the construction plans.

15


The design notes and computation sheets shall be fully titled, numbered, dated, indexed, and signed by the designer. Computer output forms and other oversized sheets shall be folded to a standard size 8½" x 11". At project completion, a final set of design notes and computations, signed by the Proposer, shall be submitted with the as-built set of plans.

The design notes and calculations shall include, but are not limited to:

1. Design standards used for the project.

2. Geometric design calculations for horizontal alignments.

3. Vertical geometry calculations.

4. Documentation of decisions reached resulting from meetings, telephone conversations or site visits.

5. Final quantities list.

Design Information provided by the County:

The County will provide to the successful Proposer any digital files and final or final asbuilt copies of any plans of projects done by the County in the project limits as requested by the Proposer. County submittals will be for informational purposes only and the

County does not accept any liability for design decisions made based upon County provided plans, reports or digital files.

Upon issuance of the Notice to Proceed the County Engineer will provide a letter designating the Design/Build Team (Proposer) as the County’s agent for obtaining all permits for the project.

Permitting:

The Design/Build Team (Proposer) shall be responsible for identifying all required permits, preparing complete permit application packages, paying all permit fees, and obtaining the permits. The Proposer shall act as the County’s authorized representative for permitting purposes only. If any agency rejects or denies the permit application, the

Proposer shall be responsible for making the changes necessary to ensure the permit is approved. Any fines levied by permitting agencies shall be the responsibility of the

Proposer. Permits to be obtained may include, but are not limited to:



NWFWMD Environmental Resource



FDEP NPDES



FDEP/COE Wetlands

Any requests by the Proposer for extension of contract time due to permitting delays must be submitted in writing to the County Engineer. The County Engineer, in his sole and absolute discretion, according to the parameters set forth below, has the authority to make a determination to grant a non-compensable time extension for any impacts beyond the reasonable control of the Proposer in securing permits. Furthermore, as to any such impact, no modification provision will be considered by the County Engineer unless the Proposer clearly establishes that it has continuously from the beginning of the project aggressively, efficiently and effectively pursued the securing of the permits including the utilization of any and all reasonably available means and methods to overcome all impacts. All complete application packages and drawings shall be submitted to the County for review prior to sending to permit agencies.

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All permits required for a particular construction activity will be acquired prior to commencing the particular construction activity. Delays due to incomplete permit packages, agency rejection, agency denials, agency processing time, or any permit violations, will be the responsibility of the Proposer, and will not be considered sufficient reason for time extension.

Clarification and Conflict Resolution Procedures:

The resolution of issues/problems during design and/or construction will be processed in the following way unless revised by a Partnering agreement: If the resolution does not change the original intent of the technical proposal/RFP, then the Design/Build Team ’s

Engineer of Record (EOR) will be responsible for developing the design solution to the issue/problem and the County Project Manager will be responsible for review and response within 10 working days. The County Project Manager will either concur with the proposed solution or, if the County Project Manager has concerns, the issue will be forward to the Public Works Department Engineering Division Manager who will if necessary, refer the issue to the County Engineer. The County Engineer will have the final authority on all construction decisions. Each level shall have a maximum of three working days to answer, resolve or address the issue/problem. This three day window is a response time and does not infer resolution. Questions may be expressed verbally and followed up in writing. The County Project Manager will respond in a timely manner but not to exceed ten working days. The Design/Build Team (Proposer) shall provide any available supporting documentation.

If the resolution changes the original intent of the technical proposal/RFP, the Proposer shall submit the proposed resolution in writing to the County Project Manager. The

County Project Manager will process the proposed resolution as a claim and/or change order following the County’s Capital Improvement Project (CIP) Management System.

The Proposer shall provide a similar chain of command for their organization with personnel of similar levels of responsibility.

Construction Engineering and Inspection (CEI) Services:

The Contractor is to provide quality control testing in accordance with the FDOT

Specifications. The County will provide construction engineering and inspection (CEI) services to include verification testing. Plant personnel are to pull verification and resolution testing samples as required by FDOT Specifications Section 334. County staff or its designated quality verification contractor will designate the locations for road acceptance coring.

The sampling, testing and reporting of all materials used shall be in compliance with the

FDOT Specifications. All materials shall be on the FDOT Qualified Products List (QPL) or preapproved by the County. The County may reject any material submittal that the

County’s Project Manager deems unsuitable for this project.

Material Submittals & Shop Drawings:

The Proposer shall be responsible for the preparation and approval of all material submittals and Shop Drawings. Shop Drawings shall be submitted to the County and shall bear the stamp and signature of the Proposer’s Contractor and signed and sealed by the Engineer of Record (EOR) and the Specialty Engineer. The County shall review the Shop Drawing(s) to evaluate compliance with project requirements and provide any findings to the Proposer. The County’s procedural review of shop drawings is to assure that the Proposer and the EOR have both accepted and signed the drawing, the drawing has been independently reviewed and is in general conformance with the plans. The

County ’s review is not meant to be a complete and detailed review.

16


Component submittals must be accompanied by sufficient information for adjoining components or areas of work to allow for proper evaluation of the component submitted for review.

Sequence of Construction:

1. The Proposer shall construct the work in a logical manner and with the following objectives as guides:

2. Maintain or improve, to the maximum extent possible, the quality of existing traffic operations, both in terms of flow rate and safety, throughout the duration of the project.

3. Minimize the number of different Traffic Control Plan (TCP) phases, i.e., number of different diversions and detours for a given traffic movement.

4. Take advantage of newly constructed portions of the permanent facility as soon as possible when it is in the best interest of traffic and pedestrian operations and construction activity.

5. Maintain reasonable direct access to adjacent properties at all times, with the exception in areas of limited access right-of-way where direct access is not permitted.

6. Proper coordination with adjacent construction projects and maintaining agencies.

Panama City Crayfish – Best Management Practices:

Swale/Road Construction and Maintenance:

1. Use new road construction with minimum 3:1 side slope in swales; 4:1 preferred.

Construct swales with round bottoms.

2. Box-cut ditches are not recommended in new construction.

3. Routine swale maintenance shall be performed when there is no standing water.

However, maintenance to prevent flooding of property will often necessitate work in swales and ditches when standing water is present.

4. Stormwater drainage swales shall be mowed with little or no digging.

5. No more than 12 inches of soil shall be removed during ditch maintenance procedures.

6. Disturbed areas shall be re-vegetated as soon as possible with suitable vegetation

(to be defined).

7. Use DEP BMPs for erosion control practices and ensure that sediment discharge prevention measures are installed prior to cleaning or excavation, including Type III erosion fencing.

8. Culvert installation and maintenance shall follow the general permit for culverts.

Box-Cut Ditch Restoration:

1. Evaluate box-cut ditches for restoration:



sufficient right-of-way



drainage slope



stormwater carrying capacity



connections to other ditches/swales



discharge point

2. Re-grade box-cuts to 3:1 slope or better.

17

SPECIAL PROVISIONS

1. General

1.1 The Florida Department of Transportation (FDOT) Standard Specifications for

Road and Bridge Construction, 2007 Edition, Division II shall be the governing specifications for all contract pay items unless the pay items are modified by pay item notes. Division I of the FDOT specifications shall be used for prosecution and progress of the contract except wher e modified by the County’s general conditions. Sections 2, 3, 4, 5, 8-1, 9-2.1.1 and 9-2.1.2 of the FDOT specifications are specifically excluded from this project. For purposes of liquidated damages, the contract time shall be calculated in accordance with

Section 8-7 of the FDOT specifications with the exception that no work shall be allowed on Saturdays and Sundays. Contract time will be charged during

Saturdays and Sundays regardless of whether or not the Proposer ’s operations have been suspended. The Proposer is not entitled to any additional compensation for suspension of operations during Saturdays and Sundays.

When there is a conflict between the FDOT “Standard Specifications for Road and Bridge Construction” and the County contract’s general conditions, the general conditions shall govern. For all County projects, the beginning of contract time is the day after the Notice to Proceed date.

1.2 The hours of work shall be 7:00 A.M. until 30 minutes prior to sundown Monday through Friday. No work shall be done on Saturday or Sundays. Contract time will be charged on Saturday and Sundays regardless of whether or not the

Proposer ’s operations have been suspended. The Proposer shall stop production of portland cement concrete and asphaltic concrete in time for the mix to be placed and finished 30 minutes prior to sundown. No work shall be done on County holidays except such work as is necessary for proper protection of work already performed, or except in case of emergency as determined by the

County Engineer. No work shall be done on the Friday immediately preceding

Memorial Day, or Labor Day. Contract time will be charged during these holiday periods regardless of whether or not the Proposer ’s operations have been suspended. The Proposer is not entitled to any additional compensation for suspension of operations during such holiday periods. The fact that the Proposer is behind schedule does not constitute an emergency. If the excepted work is required after sunset, all elements of the night requirements for traffic control through work zones as specified in the FDOT Roadway and Traffic Design

Standards shall be in place prior to beginning work.

1.3 No work is to be done in the period from December 24 th through the following

January 1 st . These days off will be added to the contract time, but no additional compensation for delays will be allowed.

1.4 Adherence to the Proposer’s construction schedule is critical to the residents and businesses impacted on the project. The Proposer shall give the County 48 hours notice of schedule changes and shall submit a new and complete changed schedule. The County will not allow any lane closure or paving operations without 48 hours notice. The Proposer shall give the County Inspector 48 hours notice of commencement of all major work items such as, but not limited to paving operations, stormwater structure placement, piping, concrete pours, etc.

The County will not allow asphaltic concrete or portland cement concrete to be produced or placed until the County Inspector and Proposer have received satisfactory test results and certified the base to be suitable for paving or concrete placement. The County will not accept or pay for any asphaltic or portland cement concrete placed without a County Inspector being on site to observe placement, and the County requires 48 hours notice to schedule its inspectors.

17


1.5 The County will not compensate the Proposer for any delays for any reason unless five days (excluding Saturdays, Sundays and holidays) have elapsed from the start of work stoppage. The first day of any claims shall be on day six of the work stoppage. This shall apply to each work stoppage. In order to submit a valid claim for work stoppage, the Proposer must submit a schedule made using the critical path method which shows the early start, late start, early finish, late finish and the critical path. The County expects the Proposer to use forces and equipment on any item of work that can be completed during the delay. The

Propose r’s claim must show the delay is due to the controlling item of work as shown on the critical path method schedule.

1.6 Proposer at Proposer’s expense shall give residents and businesses located on the project right-of-way 48 hours notice of start of construction and have maintenance of traffic signage in place prior to beginning any construction. The

County will provide door hanger type notices to the Proposer.

Proposer’s personnel shall distribute to each business and resident 24 hours prior to starting any operations that could prevent access to any residence or business. The

Proposer should include the cost of these notifications in their mobilization costs.

1.7 The Proposer shall protect from disturbance or damage all land monuments and property markers. All disturbed land monuments and property markers shall be properly restored to original condition at Proposer’s expense.

1.8 When traffic signs are located within the area of construction, the Proposer shall notify the County Inspector for approval to remove, re-set, or relocate any sign.

The Proposer shall reinstall any disturbed mailboxes or signs to existing or acceptable condition.

1.9 For purposes of contract closeout, substantial completion is defined as follows.

A project is substantially complete when all the quantities shown in the plans and any changes to the plans that are to be used on the project are in place. The date of substantial completion is the date liquidated damages will stop. The substantial completion date shall be prior to the contract completion date and there shall be enough time between the substantial completion date and the contract completion date for the punch list items to be completed. All work, to include punchlist items shall be completed within 10 working days of the substantial completion date and before the contract completion date as stated in the notice to proceed or as amended by change order.

Paving 2.

2.1 The Proposer shall haul the asphalt concrete millings to the stockpile designated by the County Public Works Department Roads and Bridges Division. Call the

County Road and Bridges Division (phone 784-4050) to obtain the stockpile location.

2.2 For all paving contracts, the asphalt concrete supplier shall allow County personnel or their designated representatives to inspect the asphalt production plant and laboratory, and to monitor the on-site laboratory testing of asphaltic concrete during production runs for County projects. If County personnel or their designated representatives need take asphalt concrete samples from the trucks at the asphalt plant or at the job site the Proposer shall provide a safe platform for taking the samples.

18


2.3 Segregated aggregate, surface bumps and depressions, bleeding asphalt concrete, clay balls, poor aggregate gradation, asphalt content out-of-tolerance from the job mix formula, poor joint construction, and noncompliance with the rolling procedures may all result in rejection of the asphalt concrete by the

County. In such cases the Proposer, at Proposer’s expense, shall remove and replace the asphalt concrete, or overlay the existing pavement with suitable material. The choice to remove and replace, or overlay the deficient asphalt concrete shall be made by the County Engineer.

2.4 The County will not accept nor pay for any asphaltic concrete placed without a

County Inspector on-site during the entire paving operation. To facilitate yield computations, the Proposer must give the County Inspector a materials delivery ticket showing the truck number, the tonnage, the date, and the job name. If the paving schedule changes the Proposer must give the County Inspection office 48 hours (2 work days exclusive of Saturday and Sundays) in advance of the beginning of paving. Failure to give the 48 hours notification will result in shutdown of the paving operation by the County Inspector or County Engineer.

2.5 Proposer is to schedule paving operations to minimize the time the traveling public is exposed to uneven pavement. Unless otherwise approved by the

4.

4.1

3.2 The Proposer shall comply with all federal and state laws, rules and regulations concerning trench excavation safety. The Proposer is solely responsible for any and all claims arising out of the Proposer ’s earthwork operations, to include, but not limited to, excavation, trenching, embankment, stockpiling, compaction, vibration, erosion, runoff, etc. Proposer shall use shoring as necessary to prevent embankment collapse, and any structural undermining to include pavements, driveways, foundations, etc.

Drainage Structures and Pipes

Drainage structures and pipes shall be in compliance with the FDOT standards and specifications unless otherwise approved by the County Engineer.

County Engineer, uneven pavement exposure is limited to one 24-hour period.

The Proposer shall not leave uneven pavement over the weekend or holidays.

Paving shall be scheduled to meet the requirements of this paragraph so that

Saturday work is not required.

2.6 Immediately upon completion of paving the Proposer shall remove all excess asphalt deposited along shoulders or gutters, as applicable. All shoulders shall be raked smooth to produce a smooth transition following rolling and compaction of the pavement.

3. Earthwork and Related Operations

3.1 The Proposer shall use all suitable excavated materials on the jobsite and haul off any excess upon completion of the job. Topsoil shall be stored in a separate stockpile in the County right of way or as directed by the County Engineer. All other suitable materials shall be stockpiled for reuse.

19


5. Dewatering

5.1 The Proposer is responsible for any dewatering required for the project.

5.2 During dewatering operations all engines shall be equipped in a manner to keep pump noise to a minimum. If dewatering is required after 10:00 PM near residences and business, pump noise shall not create a nuisance to the property owners.

5.3 The Proposer is solely responsible for any damages to private or public property caused by Proposer

’s dewatering operations. During dewatering operations, the

Proposer shall notify all business and residences within a minimum of 300 feet of the dewatering operations to turn off all irrigation pumps. The 300 foot limit is a minimum, and the Proposer is responsible for any damage to private property, to include, but not limited to loss of plants, burned out pumps, building, pavement, sidewalk or any other structural settlement, etc. than can be attributed to the dewatering operations. The County will assume no liability nor pay for any claims arising from the Proposer ’s dewatering operation.

6. Maintenance of Traffic

6.1 All traffic control in work-zone plans shall be designed in accordance with the

FDOT Design Standards and the Manual on Uniform Traffic Control Devices

(MUTCD) standards.

6.2 The design shall include a safe and effective Traffic Control Plan to move vehicular and pedestrian traffic within the State and County Right-of-Ways during all phases of construction.

6.3 Lane Closures within the State Right-of-Way shall be as approved by FDOT.

6.4 For County roads, all traffic lanes shall remain open (no lane closures) between the hours of 6:00 to 8:00 AM and 5:00 to 7:00 PM. Otherwise, one lane may be closed but only during active work periods. Rolling barricades will be allowed during the approved lane closure hours. All lane closures must be reported to the County Project Manager 5 working days in advance of the planned closures to allow for notification of emergency agencies and the media. All lanes of traffic shall be opened in the event of an emergency or if the lane closure causes a driver delay greater than 20 minutes.

6.5 If a road closure is required on a County road, the Proposer shall provide a detour plan for County review and approval. All detour plans and required road closure signs, barricades, variable message boards, detours signs, etc. shall be provided at no additional cost to the County. Any road closure will require a minimum of 10 working days notice to allow for notification of emergency agencies and the media. Two working days in advance of any road closure, the

Proposer shall post signage that can be clearly read by the traveling public notifying the public of the road closure.

6.6 In the event that law enforcement is required for maintenance of traffic, the

Proposer shall pay all costs.

20


6.7 Existing or proposed signs or pavement markings that conflict with the traffic control plans shall be removed or covered. When the conflict no longer exists, the signs or pavement markings shall resort to their original position.

6.8 Removal of existing and/or temporary pavement markings shall be accomplished by the following methods: Milling and/or asphalt overlay, sand or water blasting, or other means approved by the County Engineer. Grinding shall only be permitted in non-traffic areas as designated by the County Engineer. Use of black paint to cover existing and/or temporary pavement markings is prohibited.

6.9 At the end of each workday or whenever the work zone becomes inactive, any drop-off adjacent to the subject travel paths shall be back-filled flush with the travel path or shall be protected with barricades, temporary barrier wall, or approved handrail.

6.10 Temporary Retroreflective Pavement Markers (RPMs) shall be installed on lane center and edge lines on mainline sections throughout the work zone where vehicle paths are altered and where lanes are altered from their existing widths.

7. Erosion Control, Seeding and Sodding

7.1 The design shall include an erosion control plan that complies with the Storm

Water Pollution Prevention Plan (SWPPP) as required by the National Pollution

Discharge Elimination System (NPDES). Detailed limits of the erosion control items will be necessary but may be shown on the roadway plans sheets. This plan shall be submitted along with the Proposer’s Certification at least 15 working days prior to beginning construction activities

7.2 The Proposer shall be responsible for obtaining coverage under the Florida

Department of Environmental Protection NPDES Generic Permit for Stormwater

Discharge from Large and Small Construction Activities for all projects disturbing one (1) acre or more. The cost of all items and work required to implement the conditions of the NPDES Generic Permit for Stormwater Discharge shall be included in the Propose r’s bid.

7.3 Proposer, at Proposer’s expense, shall maintain all sodded and seeded areas, and at the substantial completion date the sod shall be live, and weed free.

Proposer shall guarantee sodding and seeding establishment for a period of ninety (90) days after date of substantial completion. Any dead or weedy sod discovered at the substantial completion inspection shall be annotated on the punchlist and removed and replaced by the Proposer. During the guarantee period, the Proposer shall replace at no cost to the County, any sod or grass that dies or is not established 90 days after seeding or sod placement, if the causes for such defects are traced to negligence or poor workmanship by the Proposer.

Any sod or grass missing or defective shall be replaced in a manner satisfactory to the County Engineer. In case of any doubt as to the condition and satisfactory establishment of the sod, the County Engineer may allow the sod or grass to remain through another 90 day establishment period. After which time the sod or grass in question, if found to be dead or in an unhealthy or badly impaired condition shall be replaced by the Proposer at no cost to the County. At minimum, sod establishment is defined by the County as roots growing in soil enough so that the sod can not be pulled up and the sod is growing. Grass establishment is in accordance with FDOT Specification Section 570.

21


7.4 In general, seed with Pensacola Bahia grass, except in sandy areas, then use unhulled Bermuda. Add temporary grass seeds as appropriate for the season.

7.5 In urban areas where lawns are maintained in the right of way, the Proposer shall sod or seed to match existing grass or sod at no additional cost to the County.

During the months of October through February overseed all sodded areas with temporary grass seed. Seeding rates are as follows:

Type of Seed

Coastal

(Mar.-Nov.)

Seeding rate

(lb/Ac)

Coastal

(Nov.-Mar.)

Seeding rate

(lb/Ac)

90

Inland

(Mar.-Nov.)

Seeding rate

(lb/Ac)

Inland

(Nov.-Mar.)

Seeding rate

(lb/Ac)

20 Unhulled

Bermuda 2

Hulled Bermuda 2

Bahia (Argentine or Pensacola)

Annual Rye Grass

60 15

180 180

90

Notes:

1. Table from FDOT 2000 Standard Specification for Road and Bridge

Construction.

2. Bermuda shall not be used in areas adjacent to existing or proposed landscaping.

7.6 All seeded areas shall have a topsoil layer per FDOT specifications Section 162.

7.7 Proposer shall remove all erosion control measures at the latter of the end of the project or establishment of permanent erosion control measures.

7.8 Seeding may only be used on slopes less than 4:1 horizontal to vertical (H:V).

Sod all slopes between 4:1 and 2:1 H:V. Use lapped and pinned sodding or erosion control blankets for all slopes between 2:1 and 1:1 H:V. Use retaining walls, sand-cement riprap or armorform for slopes 1:1 and greater H:V.

90

22


8. Testing Schedule

CONTRACTOR REQUIREMENTS FOR ADVANCED NOTIFICATION OF TESTING

ITEM

Asphaltic Concrete

Base

Subgrade

Portland Cement

Concrete

TYPE TEST

Plant and field acceptance testing

LBR, maximum density and moisture content

Field density

LBR, maximum density and moisture content

Field density

Slump test (3” to 5”)

Compressive Strength

Air Content

NOTIFICATION TO COUNTY

2 days

4 days

2 days before asphalt placement

4 days

Before Base Placement

2 days

3 days

3 days

TABLE NOTES:

1. Test not to be scheduled for Saturday or Sunday and Saturday’s and

Sunday’s do not count as notifications days.

2. The subgrade, subbase or base will not be covered until they pass the appropriate test.

Claims by Proposer 9.

9.1 The Proposer is to inform the County Inspector or County Engineer as soon as the

Proposer identifies unforeseen conditions that might give rise to a claim. All claims must be submitted in writing to the County Inspector or County Engineer within 20 days of the occurrence of the event giving rise to the claim. Written notice of a claim for additional compensation must be provided to the County Engineer and the County Engineer must approve the claim before the Proposer may commence the work for which additional work is requested.

9.2 The Proposer must submit in writing to the County Engineer any claims for compensations due to delays. The claim shall only be for labor, equipment and materials that are delayed due to the controlling work item. If the County Engineer determines the

Proposer’s forces and equipment can be used on other work items during the delay, no compensation will be given for these forces and equipment.

9.3 The written claim shall include the following: a. For delay claims, provide a critical path schedule showing the delay is due to a controlling item of work.

23

SPECIAL PROVISIONS b. A detailed factual statement providing dates, locations, and items of work affected in each claim. The statement shall also include the date on which actions or conditions resulting in the claim became evident. c. The written claim shall include all pertinent documents and substance of any material oral communications relating to the claim and the name of the persons making the oral communications. d. The written claim shall identify the provisions of the contract which support the claim along with a detailed explanation as to why these provisions support the claim. e. The written claim shall include a detailed breakdown of compensation sought for labor expenses, additional material and supplies, listing of each piece of equipment and cost, any direct damages and any indirect damages and all documentation in support thereof. Equipment rental rates are based on Blue Book Rental rates and shall be provided by the Proposer.

10. Project Closeout

TWO STEP PROJECT CLOSEOUT CHECK LIST

Step One Substantial Completion Inspection: This shall be performed upon notification by the Proposer in writing that the project is substantially complete. A County representative will meet with the Proposer’s representative on-site to inspect the work and, if required, to develop a tentative list (punch list) of items to be completed or corrected in order to conform to contract requirements. After this inspection, the County’s project manager/engineer will fill out a Certificate of

Substantial Completion for the project and forward it to the Proposer for signature.

Step Two Final inspection. This shall be performed upon notice by the Proposer in writing that punch list items have been corrected and upon personal observations which indicate that all work has been completed in accordance with contract documents.

Note: Punch list items need to be completed or submitted prior to final acceptance by the County. In addition the following items also need to be submitted prior to final acceptance.

1) Submit as-built and invert certification for completed stormwater system.

2)

3)

4)

5)

All test results as required by special provisions.

Certification that payments have been made to subcontractors and material suppliers on final invoice and as required by General Conditions.

Final application for payment.

Post Construction Evaluation as required by General Conditions.

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11. Proposal Evaluation

The County Public Works Director will form a proposal review committee that will review each proposal to determine if the proposal meets the requirements of this Request for Proposal

(RFP) and make a recommendation for contract award to the Bay County Board of County

Commissioners. The County is not obligated to award the contract and may decide to reject all proposals. If the County decides not to reject all proposals, Proposers may have to make a presentation to the Board of Bay County Commissioners at no additional cost to the County.

The proposers shall be evaluated on the following criteria:

1. Proposal shows the Design/Build Team (Proposer) will successfully complete all the tasks listed in the scope of work and in compliance with all the administrative and technical requirement listed herein. Proposers who do not show full compliance will not be given further consideration.

2. Ability to meet schedule. The county will allow design and construction of the various tasks to run concurrently.

3. Proposers approach and understanding of the project to include quality issues such as service life, maintainability, and project design and construction quality control.

4. Experience of members of the design and construction team on similar projects as shown in

SF 330.

5. Work History concerning schedule and change orders.

6. If the County does not reject all proposals, the Contract will be awarded to the lowest responsible qualified Proposer.

25

PUR7068 - Public Entity Crime Form

SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),

FLORIDA STATUTES, 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.

1. This sworn statement is submitted to _____________________________________ by_________________________________________________________________ for________________________________________________________________ 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. I understand that a “public entity crime” as defined in Paragraph 287.133 (1)(g),

Florida Status, 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 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. In 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 and adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere.

4. I 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 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 another person, or a pooling of equipment or income among persons when not for fair m arket value under an arm’s length agreement, shall be a prima facie case that one person controls 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 shall be considered an affiliate.

26

5. 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 in to a binding contract and which bids or applied to bid 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 1, 1989.

_____The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, share holders, 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 1, 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 1, 1989.

However, there has been a subsequent proceeding before a Hearing Office 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 vender list. [attach a copy of the final order]

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER

FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE

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 ____________________________

Notary Public- State of ________________________

My commission expires_____________ __________________________________________

[printed, typed or stamped commissioned name of notary public]

-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-

End of PUR 7068

-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-

27

DRUG FREE WORKPLACE

Section 287.087 Florida Statutes

Preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals; which are equal with respect to price, quality, and service, are received by the State or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.

Established procedures for processing tie proposals 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 shall:

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for 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 proposal a copy of the statement specified in subsection

(1).

4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employees will abide by the terms of the statement and will 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 an employee who is so convicted.

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

Vendor's Signature ____________________________________

28

BID BOND

A Bid Bond, in the amount of 5% of the proposed base proposed contract amount, shall accompany each proposal. The successful Proposer’s security will be retained until the

Contract has been signed and the Proposer has furnished the required Labor and Materials

Payment Bond and Performance Bond. The Owner reserves the right to retain the security of the next Proposer until the selected Proposer enters into contract or until 90 days after proposal opening, whichever is shorter. All other bid security will be returned as soon as practicable.

NOTE: Acceptable forms of Surety are:

A Certified Check

A Cashiers Check

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, _______________

_____________________________________________________________________, as Principal and _________________________________________________________

_____________________________________ as Surety, are hereby and firmly bound unto the

Board of County Commissioners, Bay County, Florida, as Owner, in the sum of

_______________________________ for the payment of which, well and truly to be made, were hereby jointly and severally bind our successors and assigns.

THE CONDITION of the above obligation is such that whereas the Principal has submitted to the Owner a certain PROPOSAL attached hereto and hereby made a part of hereof to enter into

Contract, in writing for the _______________________________

______________________________________________________________________

NOW: THEREFORE, if said PROPOSAL shall be rejected, or, if said PROPOSAL shall be accepted and the Principal shall execute and deliver a CONTRACT in the form of the

CONTRACT (properly completed in accordance with the Contract Documents) and shall furnish

BONDS for the faithful performances of work and for the payment of all persons performing labor and furnishing materials in connection therewith, and shall fulfill all other aspects created by the acceptance of said PROPOSAL, then this obligation shall be void.

Otherwise, the same shall remain in full force and effect with it being expressly understood and agreed that the liability of the Surety and for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

This Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall, in no way, be impaired or affected by any extension of time within which the

Owner may accept such PROPOSAL; and Surety hereby waives notice of any such extension.

___________________________ ___________________________

Principal Surety

___________________________ ___________________________

Witness Witness

___________________________ ___________________________

Date Date

-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-

End of Bid Bond

-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.

29

FORM OF PROPOSAL

____________________________________________________________________________

REQUEST FOR PROPOSAL NO. _____

11 TH Street Paved Shoulder and Sidewalk Project

TO: BAY COUNTY BOARD OF COUNTY COMMISSIONERS

PROPOSAL FROM: ___________________________________________________________

(PROPOSER)

The undersigned prospective Proposer , having familiarized himself with the work required by the contract documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied himself of the expense and difficulties attending performance of the work;

Hereby proposes and agrees, if this proposal for the 11 TH Street Paved Shoulder and

Sidewalk Project is accepted, to enter into an agreement in the form attached, to perform all work necessary to the successful completion of the contract; and to supply all required insurance and submittals; all as indicated or specified in the contract documents to be performed or furnished by the prospective Proposer for the total contract price of:

1. Project Design and Permitting: (Includes pre-construction surveying and geotechnical)

____________________________________________________ Dollars**($______________)

2. Mobilization and Maintenance of Traffic: (for entire project)

____________________________________________________ Dollars**($______________)

3. Horizontal Construction: (Includes construction surveying and layout, demolition and removal, road widening and paving, shoulder pavement, curb & gutter, sidewalk and pedestrian railing, turnouts, earthwork, shoulder embankment and stabilization, sodding, drainage pipe and inlets and structures, utility and fiber optic and signage adjustments and relocations, traffic and pedestrian pavement markings, quality control testing. No additional payment will be made for

Composite Pay Factors or thickness tolerances.)

____________________________________________________ Dollars**($______________)

4. Signalization: (Includes installation of mast arm systems, video detection systems, camera systems and vehicle detection loops, relocation of existing traffic signal systems and camera systems)

____________________________________________________ Dollars**($______________)

5. Total Lump Sum Project Price: (Summation of Items 1 through 4) The Total Lump Sum

Project Price is to provide a complete project that meets all the requirements laid out in this

RFP, including the Scope, Specific Project Requirements, Special Provisions, associated drawings, etc.

____________________________________________________ Dollars**($______________)

**Proposal prices are to be shown in both words and figures. Should there be any discrepancy, the amount shown in words shall govern.**

30


____________________________________________________________________________

Name of Proposing Firm: _______________________________________________________

Firm Address: ________________________________________________________________

Federal Identification No: ____________________

Telephone No: ____________________________ Fax No: ____________________________

By: ___________________________________ ___________________________________

(Typed or Printed) (Date)

Signature: _____________________________ ___________________________________

(Signature) (Title)

Name of Other Member of Design/Build Team:______________________________________

Firm Address: ________________________________________________________________

Federal Identification No: _______________________________________________________

Telephone No: _____________________ Fax No: ________________________________

31


____________________________________________________________________________

Sub-Consultant and Sub-Contractors List

As the Proposer, I submit a listing of the Sub-Contractors and Sub-Consultants which I shall use to accomplish the Work. Subs are listed by name, address, amount of work, and item of work. If none, please state so. All Subs must be pre-qualified and have

Florida State Licenses appropriate to the type of work being provided.

Company Name: ________________________________________________________

Address: ______________________________________________________________

Type Work: ____________________________________________________________

Company Name: ________________________________________________________

Address: ______________________________________________________________

Type Work: ____________________________________________________________

Company Name: ________________________________________________________

Address: ______________________________________________________________

Type Work: ____________________________________________________________

Company Name: ________________________________________________________

Address: ______________________________________________________________

Type Work: ____________________________________________________________

Company Name: ________________________________________________________

Address: ______________________________________________________________

Type Work: ____________________________________________________________

Company Name: ________________________________________________________

Address: ______________________________________________________________

Type Work: ____________________________________________________________

32

Form of Performance Bond

____________________________________________________________________________

Prior to signing the Contract, the selected Proposer will secure and post a Labor and Materials

Payment Bond and Performance Bond, each in the amount of 100% of the Contract Sum. All such bonds shall be issued by Surety acceptable to Bay County Board of County

Commissioners. Bay County Board of County Commissioners or representatives thereof will designate to whom subject bonds shall be posted. Include the cost of all such bonds in the proposed Contract Sum. Performance and Form of Labor and Material Payment Bond shall be submitted on the following forms:

PERFORMANCE BOND

Know all Men by These Presents: That ____________________________________________ hereinafter called Proposer and __________________________________________________

____________________________________________________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto the Board of County

Commissioners, Bay County, Florida 32401, hereinafter called Owner, in legal United States of

America currency, in the amount of __________________________________________Dollars

($________________) for the payment whereof Proposer and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Conditions of this obligation is such that Whereas, The Proposer, by written agreement, dated ______________ day of ____________________,Two Thousand

__________, entered into contract with the Owner, Bay County Board of County

Commissioners in accordance with Drawings and Specifications prepared by the Bay County

Public Works Department, Engineering Division, 840 W. 11 th Street, Panama City, Florida

32401, which by reference are a part and is hereinafter called the Contract. Now, therefore, if the Proposer shall promptly and faithfully perform said Contract, this obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever the Proposer shall be, and declared by Owner to be, in default under the Contract, and the Owner having performed the

Owner’s obligations under the Contract the Surety shall promptly remedy the default. The

Surety in case of default prior to the completion of the Contract shall complete the Contract between another Proposer acceptable to the Owner and make available sufficient funds to pay the cost of completion of the Contract.

Funds used for completion of the Contract shall be of sufficient quantity to include any other cost and/or damages for which the Proposer or surety make be liable as a result of the

Proposer’s default or successive Proposer’s default.

In the event that the Proposer defaults by failing to honor his warranty obligations, then upon demand by the Owner the Surety shall forthwith remedy the defects by arranging for a Contract between another Proposer acceptable to the Owner and shall make available sufficient funds to pay the cost of remedying the defects and sufficient funds to pay any other costs and/or damages for which the Proposer or Surety may be liable as the result of the Proposer’s default in his warranty obligations. Alternatively, the Owner may have the work necessary to be done to remedy any defects covered by the Proposer’s warranty and the Surety will forthwith reimburse the Owner for the money expended in remedying the defects and for any other costs of damages incurred by the Owner. In the event that the Surety defaults under its obligations as described herein and the Owner retains an attorney to enforce the terms of the bond then the

Surety agrees to pay, in addition to the costs or damages described above, a reasonable attorney fee to the Owner’s attorney and all cost of litigation incurred by them. The Surety hereby waives notice of any alteration or extension of time made by the Owner. The Surety further states that no change, alteration or addition to the work to be performed or the specifications for the work shall affect the Surety obligations on the Bond. The Surety and the

33

Form of Performance Bond

____________________________________________________________________________

Proposer consent and yield to the jurisdiction of the State Civil Courts of Bay County, State of

Florida.

PROPOSER SURETY

__________________________________ __________________________________

By: ______________________________ By: _________________________________

_________________________________ ___________________________________

WITNESS WITNESS

__________________________________ __________________________________

-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-

End of Performance Bond

-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-

34

Form of Labor and Material Payment Bond

Known All Men By These Presents: That __________________________________________ hereinafter called Proposer, and _________________________________________________

_________________________________________________, as Surety, hereinafter called

Surety, are held and firmly bound unto the Board of County Commissioners, Bay County,

Florida 32401, hereinafter called Owner, in legal United States of America currency, in the amount of _________________________________________Dollars ($__________________).

Proposer and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally firmly by these presents. Now, therefore, if the Proposer shall promptly make payment to all claimants, defined below, for all labor and material used or required for use in performing the obligations of this Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

A claimant is one having direct contact with the Proposer, or with a Sub-Contractor of the

Proposer for labor, material or both, used or required for use in performing the obligations of the

Contract.

The Proposer and Surety agrees with the owner that every claimant who has not been paid in full before the expiration of ninety day (90) period after the date of which the claimant last performed work, labor, or provided materials, them, if claimant has performed obligations under contract, the claimant may sue on this bond to full and final judgment and have full use of such sum or sums justly due. The Proposer and Surety further agree that the Owner shall not be liable for the sum or sums claimed by the claimant or for payment of any cost or expenses of any damages awarded to the claimant.

The Proposer and Surety agree with the Owner that claimants other than those with a direct contract with the Proposer or Sub-Contractor of the Proposer, having claims as a result of the actions of the Proposer in performing the obligations of the Contract may sue on this bond to full and final judgment for such sum or sums as may be justly due. The Proposer and Surety further agree that the Owner shall not be liable for the sum or sums claimed or for payment of any cost or expenses of any damages awarded.

Signed and Sealed this _______ day of ___________, Two Thousand _____.

PROPOSER SURETY

By: By:

___________________________________ ___________________________________

WITNESS WITNESS

___________________________________ ___________________________________

NOTE: Acceptable forms of Surety are :

A Certified Check

A Cashiers Check

-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-

End of Labor and Material Payment Bond

-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-

35

____________________________________________________________________________

FORM OF AGREEMENT

The contract documents consist of this Form of Agreement, the Notice Request for Proposals,

Instructions for Proposers, Project Scope and Goals, Specific Requirements, Special

Provisions, PUR 7068, Form of Drug Free Workplace, Bid Bond, Form of Proposal,

Performance Bond, Labor and Material Payment Bond, Risk Management Requirements,

General Conditions, Local Agency Program/Federal-Aid Contract Requirements, attached drawings, and any addenda issued prior to execution of this Agreement to include modification issued prior to execution of this Agreement. The aforementioned documents are a full part of the contract as if they were attached to this Agreement.

1. The Proposer shall perform all the work required by the Contract Documents which in general is the 11 TH Street Paved Shoulder and Sidewalk Project .

2. The Engineer for this project is the Bay County Public Works Department/Engineering

Division, 840 W. 11 th Street, Panama City, Florida 32401.

3. The work as described in the Contract Documents shall commence within 10 calendar days following receipt of the Notice to Proceed and shall be completed to the approval of the Owner within 330 calendar days after the Notice to Proceed date. Should the

Proposer fail to complete the work by the specified date, the Owner shall deduct from the Contract Sum the amount of $1423.00 per calendar day for every day subsequent to the specified date until the work is fully completed and receipted by the Engineer as being completed. For purposes of time calculation, day one of the project is the calendar day after the Notice to Proceed date.

4. Application for progress payments may be made by the Proposer to the County on or about the 10th day of each month. The Owner shall process payments each month.

The Owner shall make progress payments on toward the Contract Sum to the Proposer as follows:

Upon receipt of the invoice, the County’s Project Manager will make judgment on whether or not work of sufficient quality and quantity has been accomplished by comparing the reported percent complete against actual work accomplished. The county shall retain ten (10) percent of the sum proposed allowable to design consulting, labor, materials, and equipment incorporated in the work on each progress payment until fifty (50) percent of the contract amount is completed as determined by the value of work in place. After fifty (50) percent completion the retainage will be reduced to five (5) percent of the payment. Retainage shall be paid to Proposer upon completion of all punch list items for the project.

5. This is a lump sum contract in the amount of $____________ , payable as set forth in the

Contract Documents.

Final payment constituting the entire unpaid balance on the completed amount, less any damages for failure of the Proposer to perform within the specified period, shall be paid by the Owner to the Proposer 30 days after receipt of redlined asbuilt drawings and a work complete statement which is endorsed or concurred in by the Engineer.

6. The Proposer fully warrants all workmanship and material, in the performance of his obligation under this contract, for a period of one (1) year after completion of the work described in this Contract. The warranty period begins at the date of final payment for the project. The Proposer shall forthwith repair or remedy any defects in the construction done by him, discovered within one (1) year, without cost or change to the

36

____________________________________________________________________________

Owner. In the event the Proposer fails, within five days after notice, to begin correction of the defect, or fails within a reasonable time thereafter to complete the correction of the defect, then the Owner may have the work done at the Proposer ’s expense or may proceed against the surety bond.

7. If the Owner reasonably determines that the Proposer has breached any of the warranties provided herein, then the Proposer shall perform the necessary work to comply with its warranties and shall pay to the owner its reasonable costs to investigate and identify the breach or warranty claim.

8. DRUG-FREE WORKPLACE:

During the term of this agreement, the Proposer shall have a current and enforced

Substance Abuse Policy. Such policy shall hold the Proposer and the Propose r’s employees to the same rules of conduct and tests as the employees of the Bay County

Board of County Commissioners as established in Florida Statute 440.101 and 440.102.

9. EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this contract, the Proposer agrees to comply with the requirements of Executive Order 11246, Equal Employment Opportunity, and Executive

Order 11375 relating to Equal Employment Opportunity. The Proposer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Proposer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, with out regard to their race, color, religion, sex or national origin. Such action shall include, but not limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Proposer agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Proposer will, in all solicitations or advertisements for employees placed by or on behalf of the Proposer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

10. The Proposer shall give all notices required of it by law and shall comply with all Federal,

State, and local laws, ordinances, rules and regulations governing Proposer’s performance. The Proposer’s shall also comply with all provisions of the Federal

Immigration and Control Act of 1986 and any successor federal laws, as well as Section

448.09, Florida Statues, prohibiting the hiring and continued employment of aliens not authorized to work in the United States.

11. Proposer shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to the

Proposer that the subcontractor is in compliance with the terms stated within. The

Proposer nor any subcontractor employed by him shall not knowingly employ or contract with an illegal alien to perform work under this contract. Proposer agrees that it shall confirm the employment eligibility of all employees through participation in E-Verify or an employment eligibility program approved by the Social Security Administration and will require same requirement to confirm employment eligibility of all subcontractors. All cost incurred to initiate and sustain the aforementioned programs shall be included in contract price.

37

____________________________________________________________________________

12. In any legal action brought by either party to this agreement, the prevailing party shall recover all reasonable costs and attorney’s fees, including reasonable costs and attorney’s fees on appeal.

13. No additional payment will be made for Composite Pay Factors or thickness tolerances.

Be it known that the Board of County Commissioners, Bay County, Florida, hereinafter called

“Owner” and _____________________________hereinafter called “Proposer” have entered into agreement on this _______day of ________________ in the year Two Thousand _______ as set forth above, pursuant to the terms of paragraph 5.

OWNER PROPOSER

Board of County Commissioners __________________________________

Bay County, Florida __________________________________

By: ______________________________ By: ______________________________

Chairman

ATTEST WITNESS

____________________________________ ____________________________________

Bill Kinsaul, Clerk Signature

Approved as to correctness of form: Reviewed for budgetary implications:

_____________________________________ ___________________________________

Office of County Attorney Budget Officer

-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-

End of Form of Agreement

-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-

38

____________________________________________________________________________

BAY COUNTY BOARD OF COMMISSIONERS

RISK MANAGEMENT REQUIREMENTS

COUNTY DEFINED

The term COUNTY (wherever it may appear) is defined to mean the

COUNTY itself, its Board, officers, employees, volunteers, representatives and agents.

OTHER PARTY DEFINED

The term Other Party (wherever it may appear) is defined to mean the other person or entity which is a party to this agreement, contract or lease, any subsidiaries or affiliates, officers, employees, volunteers, representatives, agents, contractors and subcontractors.

HOLD HARMLESS

The Other Party agrees to defend, indemnify and hold the COUNTY harmless against all claims for bodily injury, sickness, disease, death or personal injury or damage to property or loss of use resulting there from, arising out of the agreement, contract or lease unless such claims are a result of the COUNTY

’s sole negligence. Nothing herein shall waive or modify the sovereign immunity of the County.

PAYMENT ON BEHALF OF COUNTY

The Other Party agrees to pay on behalf of the COUNTY, and to pay the cost of the COUNTY ’s legal defense, as may be selected by the COUNTY, for all claims described in the Hold Harmless paragraph.

Such payment on behalf of the COUNTY shall be in addition to any and all other legal remedies available to the COUNTY and shall not be considered to be the COUNTY ’s exclusive remedy.

LOSS CONTROL/SAFETY

Precaution shall be exercised at all times by the Other Party for the protection of all persons, including employees, and property. The Other

Party shall be expected to comply with all laws, regulations or ordinances related to safety and health, shall make special effort to detect hazardous conditions and shall take prompt action where loss control/safety measures should reasonably be expected.

The COUNTY may order work to be stopped if conditions exist that present immediate danger to persons or property. The Other Party acknowledges that such stoppage will not shift responsibility for any damages from the

Other Party to the COUNTY.

39

____________________________________________________________________________

DRUG FREE WORK PLACE REQUIREMENTS

All contracts or purchase orders with individuals, or organizations that wish to do business with the Bay County Board of Commissioners shall require contractors, subcontractors, vendors or consultants to have a substance abuse policy that adheres o FS 440.102. In the event an employee of a supplier of goods or services is found to have violated the Substance Abuse Policy, that employee shall be denied access to the County’s premises and job sites. In addition, if the violation is considered flagrant by the County, and the County is not satisfied with the actions of the contractor, subcontractor, vendor or consultant’s employees, the County can exercise its right to bar all of the contractor’s, subcontractor’s, vendor’s, or consultant’s employees from its premises, or decline to do business with the contractor, subcontractor, vendor or consultant in the future

All expenses and penalties incurred by a contractor, subcontractor, vendor or consultant a s a result of a violation of the County’s Substance Abuse Policy requirement shall be borne by the contractor, subcontractor, vendor, or consultant.

INSURANCE - BASIC COVERAGES REQUIRED

The Other Party shall procure and maintain the following described insurance, except for coverages specifically waived by the COUNTY, on policies and with insurers acceptable to the COUNTY.

These insurance requirements shall not limit the liability of the Other Party.

The COUNTY does not represent these types or amounts of insurance to be sufficient or adequate to protect the Other Party’s interests or liabilities, but are merely minimums.

Except for workers compensation and professional liability, the Other Party’s insurance policies shall be endorsed to name the COUNTY as an additional insured to the extent of the COUNTY’s interests arising from this agreement, contract or lease. (General Liability and Business Auto)

Except for workers compensation, the Other Party waives its right of recovery against the COUNTY, to the extent permitted by its insurance policies.

The Other Party’s deductibles/self-insured retentions shall be disclosed to the COUNTY and may be disapproved by the COUNTY. They shall be reduced or eliminated at the option of the COUNTY. The Other Party is responsible for the amount of any deductible or self-insured retention.

Insurance required of the Other Party or any other insurance of the Other

Party shall be considered primary, and insurance of the COUNTY shall be considered excess, as may be applicable to claims which arise out of the

Hold Harmless, Payment on Behalf of COUNTY, Insurance, Certificates of

Insurance and any Additional Insurance provisions of this agreement, contract or lease.

Workers Compensation Coverage

The Other Party shall purchase and maintain workers compensation insurance for all workers compensation obligations imposed by state law

40

____________________________________________________________________________ and employer’s liability limits of at least $100,000 each accident and

$100,000 each employee/$500,000 policy limit for disease.

The Other Party shall also purchase any other coverages required by law for the benefit of employees.

General, Automobile and Excess or Umbrella Liability Coverage

The Other Party shall purchase and maintain coverage on forms no more restrictive than the latest editions of the Commercial General Liability and

Business Auto policies of the Insurance Services Office.

Minimum limits of $1,000,000 per occurrence for all liability must be provided, with excess or umbrella insurance making up the difference, if any, between the policy limits of underlying policies (including employers liability required in the Workers Compensation Coverage section) and the total amount of coverage required.

Commercial General Liability Coverage - Occurrence Form Required

Coverage A shall include bodily injury and property damage liability for premises, operations, products and completed operations, independent contractors, contractual liability covering this agreement, contract or lease, broad form property damage, and property damage resulting from explosion, collapse or underground (x,c,u) exposures.

Coverage B shall include personal injury.

Coverage C, medical payments, is not required.

The Other Party is required to continue to purchase products and completed operations coverage, at least to satisfy this agreement, contract or lease, for a minimum of three years beyond the COUNTY

’s acceptance of renovation or construction projects.

Business Auto Liability Coverage

Business Auto Liability coverage is to include bodily injury and property damage arising out of ownership, maintenance or use of any auto, including owned, nonowned and hired automobiles and employee nonownership use.

Excess or Umbrella Liability Coverage

Umbrella Liability insurance is preferred, but an Excess Liability equivalent may be allowed. Whichever type of coverage is provided, it should be at least “following form” and shall not be more restrictive than the underlying insurance policy coverages.

Contractor’s Equipment Coverage

Contractor’s Equipment insurance is to be purchased to cover loss of equipment and machinery utilized in the performance of work by the Other

Party. All risks coverage is preferred. Other Party may declare selfinsurance.

41

____________________________________________________________________________

EVIDENCE/CERTIFICATES OF INSURANCE

Certificate Holder will be addressed as the BAY COUNTY BOARD OF

COMMISSIONERS, 840 W. 11 th Street, Panama City, Florida 32401. All certificates, cancellation, nonrenewal or adverse change notices should be mailed to this address. As outlined above, the COUNTY is to be named as

Additional Insured on General Liability and Business Auto.

Each Certificate will address the service being rendered to the County by the Other Party.

Required insurance shall be documented in Certificates of Insurance which provide that the COUNTY shall be notified at least 30 days in advance of cancellation, nonrenewal or adverse change.

New Certificates of Insurance are to be provided to the COUNTY at least 15 days prior to coverage renewals.

If requested by the COUNTY, the Other Party shall furnish complete copies of the O ther Party’s insurance policies, forms and endorsements.

For Commercial General Liability coverage the Other Party shall, at the option of the COUNTY, provide an indication of the amount of claims payments or reserves chargeable to the aggregate amount of liability coverage.

Receipt of certificates or other documentation of insurance or policies or copies of policies by the COUNTY, or by any of its representatives, which indicate less coverage than required does not constitute a waiver of the

Other Party’s obligation to fulfill the insurance requirements herein.

42

____________________________________________________________________________

GENERAL CONDITIONS

1.0 Definitions: The following definitions are to be used whenever they appear in the Contract Documents.

1.1 Bidder- An individual, firm or corporation submitting a proposal for the proposed work.

1.2 Change Order- A written order to the CONTRACTOR authorizing an addition, deletion, or revision in the WORK within the general scope of the CONTRACT DOCUMENTS, or authorizing an adjustment in the

CONTRACT PRICE or CONTRACT TIME.

1.3 Contract- The written agreement between the Owner and the Contractor setting forth the obligations of the parties as related to, but not limited to, performance of work, labor and materials and basis of payment.

1.4 Contract Time- The number of calendar days allowed by the Owner for the completion of the Contract.

1.5 Contractor- The individual, firm or company, contracting with the Owner for the performance of work and furnishing all materials and equipment required to perform the obligations of the Contract.

1.6 County Engineer – The Bay County Public Works Director or his designee

1.7 Engineer - an individual from the Public Works Department, Engineering

Division.

1.8 Equipment- The machinery and equipment, together with necessary supplies for upkeep and maintenance thereof; also, the tools and all other apparatus necessary for the construction and acceptable completion of the work.

1.9 Inspector- An authorized representative of the Owner assigned to make official inspection of the materials furnished and of the work performed by the Contractor.

1.10 Materials- Any substances to be incorporated in the work under the

Contract.

1.11 Notice of Award- The written notice of the acceptance of the Bid from the County to the successful Bidder.

1.12 Notice to Proceed- Written communication issued by the County to the

Contractor authorizing them to proceed with the work and establishing the date for commencement of work. For the purposes of calculating liquidated damages, the notice to proceed date will be considered day zero.

1.13 Owner- Board of County Commissioners, Bay County, Florida.

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____________________________________________________________________________

1.14 Plans (Drawings)- The approved plans, including reproductions thereof showing the location, character, dimensions and details of the work to be done.

1.15 Specifications- The directions, provisions and requirements, prepared by the Owner, setting out or relating to the method and manner of performing the work, or to the qualities of materials and labor to be furnished under the Contract.

1.16 Special Provisions- a list of project specific provisions detailing County

Department specific polices, work times, procedures and supplements

Standard Specifications, such as FDOT Specifications, describing specific changes to standard specifications as it relates to the project.

1.17 Sub-Contractor- An individual, firm or corporation having a direct contract with Contractor or with any other sub-contractor for the performance of a part of the work at the site.

1.18 Substantial Completion- A project is substantially complete when all the work as specified in the plans and list of pay items has been completely installed. The contractor will not be charged liquidated damages for any days on or after the substantial completion date, but retainage will be withheld until all punchlist items are completed.

1.19 Surety- The corporate body which is bound by the bonds with and for the Contractor and which agrees to be responsible for acceptable performance of the work for which the Contractor has been made.

1.20 Work- All labor, materials and incidentals required for the construction of the improvement for which the Contract is made, including supervision, equipment and tools, and all services and responsibilities prescribed or implied, which are necessary for complete performance by the Contractor of his obligations.

2.0 Bidder Requirements and Conditions:

2.1 In order to be eligible to bid, Contractors must fully qualify themselves and their proposed Sub-Contractors in writing. Contractors must make their bid on the items as shown in the drawings and identified in the specifications. Any submittal required to accompany the bid shall be submitted to the Engineer prior to the Award of Contract for review and approval by the Engineer. Any Contractor proposed substitutions will be submitted to the Engineer subsequent to the award of a Contract to the qualified bidder. Contractor proposed substitutions will not be considered prior to the signing of an agreement with the Owner by the

Contractor.

2.2 Plans, Drawings, Specifications and other documents shall be considered a part of the Bid Form whether attached or not.

2.3 The Bidder is expected to examine carefully the site of the proposed work, the drawings, specifications and contract forms for the work contemplated, prior to submittal of a bid. The receipt of a bid from the

44

____________________________________________________________________________ bidder shall be considered prima facie evidence that he will make subject examination and will be thoroughly familiar with the requirements for the work to include site conditions, material requirements, quantity of performance and any laws, rules, regulations or ordinances governing the work. Unless specifically stated otherwise any test data or reports provided as part of the bid package should be used for informational purposes to guide the contractor to make additional investigations as necessary to complete their bid. The county does not warrant such data or reports to give a complete description of existing site conditions.

2.4 Prospective Bidders must be able to show that they are capable of performing each of the various items of work upon which they bid and that the equipment necessary for the prosecution of the work is available. The Bidder shall be licensed as a contractor when required by state law. Such license shall be in effect prior to the date and time specified for receipt of bids by the County.

2.5 All bidders shall provide a copy of their Florida Department of

Transportation prequalifying certificate with their bids.

3.0 Bond Requirements :

3.1 The bidder to whom the contract is awarded, shall furnish and shall maintain in effect throughout the life of the contract, an acceptable, as determined by the Engineer, Surety Bond in a least the minimum amounts designated by the Owner; but, not to exceed the bid amount of the bidder. Surety shall have a resident agent in and shall meet all required laws of Florida. The Surety shall at all times by acceptable to the Engineer.

3.2 In the event that the Surety executing the bond, although acceptable to the Engineer at the Contract award, becomes insolvent, bankrupt, unreliable or otherwise unsatisfactory, then the Owner may request that the Contractor replace the Surety with a similar bond drawn on a surety company selected by the Owner.

3.3 Should the bidder to whom the award of contract was made fail to execute any of the required and acceptable bonds, the award of contract shall be annulled and the bid bond posted by the bidder shall be retained by the Owner not as penalty but as liquidated damages.

Award will then be given to the bidder, selected by the Owner, with a qualified bid.

4.0 The Work: Intent is for the Contractor to provide for construction and completion in every detail of the work and furnishing all labor, materials, equipment, tools, transportation and supplies required to complete the work in accordance with the

Contract Documents.

4.1 The Engineer shall have the right to make alterations in the drawings or specifications as considered necessary or desirable during the progress of the work for satisfactory completion of the work. No alterations shall be made which will result in a substantial change in the general plan, character, or basic scope of the work.

45

____________________________________________________________________________

4.2 Whenever unanticipated work not covered by the drawing or specifications is found and is considered essential to satisfactory completion of the work within intended scope, the Contractor shall perform such work under a supplemental agreement prepared in advance of the performance of the extra work.

4.3 All materials found on the site of the work not required to accomplish the scope for the work shall be removed by the Contractor. Any materials removed from the site, as approved by the Engineer, become the property of the Contractor and shall be disposed of by him.

4.4 Upon completion of the work and before acceptance by the Engineer and before final payment, the Contractor shall remove all equipment, surplus and discarded materials, rubbish, temporary structures and shall restore in an acceptable manner all property, both public and private, damaged during the performance for the work.

4.5 This contract requires compliance with the “Trench Safety Act” Chapter

553.60-553.64 of Florida Statutes.

4.6 The County may at any time, as the need arises, order changes within the scope of the work without invalidating the agreement. If such changes increase or decrease the amount due under the Contract

Documents, or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order.

5.0 Control of the Work:

5.1 The Contractor will be furnished an appropriate number of copies of the drawings and specifications as required for the particular project. The

Contractor shall at all times, have available on the work, one copy of each of the drawings, specifications and any addenda.

5.2 The Contractor shall furnish, on sheets not larger than 24 inches by 36 inches, record drawings of all sewer and water lines installed by him. The drawings will show locations of all lines, tees, wye’s and connections in relation to established boundaries or fixed points of reference. Record drawings will show size and type of construction material and will be reviewed and approved by the Owner prior to the covering of any buried conduit.

5.3 All drawings and specifications are intended to be complementary for description and provision for completing the Work. In case of discrepancy, computed dimensions shall govern scaled dimensions. The

Specifications shall govern over drawings.

5.4 In the event the Engineer finds unsuitable materials or the work not in conformity with the drawings or specifications and the result, as determined by the Engineer, will be an inferior or unsatisfactory product, the work or materials shall be removed or replaced by and at the expense of the Contractor.

46

____________________________________________________________________________

5.5 The Contractor shall take no advantage of any apparent error or omission which he might discover in the drawings or specifications. In the event that an error or omission is discovered by the Contractor, he shall, within

24 hours of such discovery, notify the Engineer who shall then make such corrections and interpretations deemed necessary for reflecting the actual spirit, intent and scope of the drawings and specifications.

5.6 The Engineer shall decide all questions, difficulties and disputes, of whatever nature, which may arise relative to the interpretation of the drawings and specifications.

5.7 The Engineer shall set construction stakes establishing lines of roadwork and will furnish the Contractor with all necessary information relating to such lines and grades.

5.8 The Contractor shall furnish and set slopes stakes, rough grade stakes and all other stakes necessary for construction of the project.

5.9 The Contractor shall give the work the constant attention necessary to assure the progress and he shall cooperate fully with the Engineer.

5.10 No work shall be done nor materials used without the necessary approval of the Engineer. The Contractor shall furnish the Engineer every reasonable facility to ascertaining whether the work performed and the materials used are in accordance with the requirements and intent of the drawings and specifications.

5.11 Failure to remove or refusal by the Contractor to remove defective materials or work, or make necessary repairs to damaged work shall be cause for the Engineer to make the necessary corrections at the expense of the contractor with such monies being deducted from the contract amount or charged against the bonds.

5.12 The Contractor shall maintain all work in first-class condition until it has been completed as a whole and accepted by the Engineer. The

Contractor will notify the Engineer seven days prior to the estimated date of work completion. An inspection will be accomplished by the Engineer upon notice and shall advise the Contractor of any discrepancies or evidence of unsatisfactory work. The Contractor shall correct the discrepancies to the satisfaction of the Engineer and again make notification of completion. The cycle shall continue until all discrepancies or unsatisfactory work is completed.

5.13 When the inspection reveals no discrepancies or unsatisfactory work, the

Engineer shall give the Contractor written notice of final acceptance.

5.14 When the Contractor deems that extra compensation is due him for work not covered in the contract, or not ordered by the Engineer as extra work, the Contractor shall notify the Engineer, in writing of his intention to make claim prior to the Contractor starting the subject work. If notice is not given by the Contractor or sufficient time is not allowed by the Engineer to review the claim, the Contractor shall waive the claim for compensation.

47

____________________________________________________________________________

5.15 Any claim for an increase or decrease in the contract price or time for completion shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than twenty days) after the concurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within thirty days after such occurrence.

6.0 Material Control:

6.1 Only materials conforming to the requirements and intent of the drawings and specifications will be used and all such materials will be approved by the Engineer prior to use to perform the work. Unless otherwise approved by the Engineer, the County will limit the Contractor’s procurement and use of products required by the FDOT Specifications to only those items listed in the Florida Department of Transportation’s

Qualified Products List (QPL) or Approved Products List (APL).

Reference in the contract documents to a proprietary device, product, material or fixture to establish a quality standard is not intended to limit competition. The Contractor may use any proprietary device, product, material or fixture that in the Engineer’s judgement is equal, for the purpose intended.

6.2 The Contractor shall ensure the Engineer has entry at all times to inspect and evaluate any or all materials used for performing the work. The

Engineer shall have the right to sample and test any or all materials used in performing the work. Copies of any tests accomplished by the Engineer will be provided to the Contractor.

6.3 Materials shall be stored as specified in the contract documents or as per the material manufacturers recommendations. The protection of stored materials shall be the responsibility of the Contractor and the Owner shall not be liable for any loss, theft or damage to stored materials.

6.4 Any materials found to be defective by the Contractor or the Engineer shall be removed from the work or place of storage at the Contractor’s expense and replaced at the Contractor’s expense. Failure or refusal by the Contractor to accomplish the removal and replacement of defective materials from the work or place of storage shall be grounds for the

Engineer to do same at the expense of the Contractor and such expense deducted from the contract amount or from the bond.

7.0 Legal Requirements and Contractor Responsibilities:

7.1 The Contractor shall be familiar with and comply with all Federal, State,

County and City laws, by-laws, ordinances, and regulations which control the work or the actions or operations of those engaged or employed in the work or which affect materials used. The Contractor shall comply with all aforementioned governs and shall relieve the

Owner of any or all claims made against the Contractor arising from violations of any such governs by the Contractor, his employees or his or their action.

48

____________________________________________________________________________

7.2 Unless otherwise provided by the Owner, the Contractor shall procure all permits and licenses, and shall pay all such fees or charges, and he shall give all notices necessary and incidental to performing the work.

7.3 Without exceptions, the contract price shall include all such fees, royalties and costs arising from trademarks or patents in any way involved in the work. The Contractor shall relieve the Owner from any and all claims arising from claims by holders of trademarks, patents or copyrights used or incurred by the Contractor in performing the work.

7.4 The Contractor shall provide and maintain, in a neat and sanitary condition, such accommodations for the use of his employees as are necessary to comply with State and local boards of health. The contractor shall not commit public nuisance.

7.5 The Contractor shall not permit his equipment to interfere with traffic while such equipment is on or traversing an existing road without coordination with and approval of appropriate officials of the State,

County or City.

7.6 The Contractor shall be responsible for all damages arising out of his use of explosives when deemed necessary in the performance of the work.

7.7 The Contractor shall preserve from damage all property along the line and adjacent to the work. This applies to public and private property. If the Contractor fails to restore such property, the Engineer, upon written notification, as deemed necessary, may proceed to repair the damaged property and the cost deducted from the contract sum.

7.8 Arrangements for utilities to the site shall be accomplished by the

Contractor and in doing same he shall coordinate with the appropriate utilities for the just and proper utilization of any space where construction shall entail the joint use of area under this work and the utility constructed conduits.

7.9 The Contractor shall relieve the Owner from all suits, actions or claims brought because of injury or damages sustained by any person or property due to the Contractors operations in performance of the work or in any operations in connections with the contract.

7.10 The Contractor shall guarantee the payment of all just claims for materials, supplies, tools or labor brought against him or any Sub-

Contractor in connection with the contract. Final acceptance will not be given nor will bond be released unless all such claims are paid or the

Contractor otherwise relieved of the claim.

7.11 The Contractor shall, at his expense, provide all insurance coverage required by State, County or City laws, by-laws, ordinance or rules in at least the minimum amounts directed by the governs.

7.12 Until acceptance of the work by the Engineer, the work shall be under charge and custody of the Contractor and he shall take every

49

____________________________________________________________________________ precaution against injury or damage to the work by the action of the elements or from other causes.

7.13 Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor is in compliance with the terms stated within. The General Contractor nor any subcontractor employed by him shall not knowingly employ or contract with an illegal alien to perform work under this contract.

Contractor agrees that it shall confirm the employment eligibility of all employees through participation in E-Verify or an employment eligibility program approved by the Social Security Administration and will require same requirement to confirm employment eligibility of all subcontractors.

All cost incurred to initiate and sustain the aforementioned programs shall be included in contract price.

8.0 Prosecution and Progress:

8.1 The Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the contract or subsequent agreements of the contract without written consent of the Owner.

8.2 The Contractor shall commence work in accordance with the approved date and shall provide sufficient resources to insure completion of the work within the time limit set forth. Should the Contractor fail to provide sufficient resources to assure timely progress and if he fails to perform the work within the specified time, the Owner shall have ground to claim default.

8.3 The Contractor shall schedule his operations to minimize any inconvenience to adjacent businesses or residences. The Contractor shall take special precautions to restrict his major operations in performing the work to what is commonly understood to be “normal” or

“standard” working hours. Should the work be performed at other periods, the Contractor shall make adequate provisions to perform the work within the intent of this provision.

8.4 The Engineer shall make provision for and shall schedule a preconstruction conference with all concerned parties in attendance.

8.5 The Contractor shall assure that all supervisory personnel employed by him are fully qualified and competent to properly perform the work in coordination with other trades at the work and can perform the work within the specified periods of time.

8.6 Contractor to maintain a competent superintendent at the site at all times while work is in progress to act as the Contractor’s agent. The superintendent shall be capable of properly interpreting the Contract

Documents and shall be thoroughly experienced in the type of work being performed. The superintendent shall have full authority to receive instructions from the Engineer and to execute the orders or directions of the Engineer, including promptly supplying any materials, tools, equipment, labor and incidentals that may be required. This

50

____________________________________________________________________________ superintendent must be at the project site to supervise subcontractors.

The superintendent must speak and understand English.

8.7 Contractor shall designate a responsible person who speaks and understands English, and who is available at or reasonably near the worksite on a 24-hour basis, seven days a week who is the point of contact during emergencies.

8.8 The Engineer shall have the authority to suspend the work, wholly, or in part, for such periods as may be deemed necessary due to unsuitable weather or other conditions considered unfavorable for performance of the work.

8.9 The Contractor may be declared in default for non progress, by the

Engineer, when the percentage value of dollar work completed with respect to the total amount of contract is not within ten percent of the time elapsed versus the total performance period and/or the estimate of time to complete the work by the Engineer exceeds, by ten percent (10%) the time remaining in the construction performance period.

9.0 Payments and Acceptance:

9.1 The Contractor shall accept the compensation as provided in the contract as full payment for furnishing all materials and for performing all work contemplated under the contract.

9.2 The contract price shall include all labor, equipment, material, tools and incidentals required for completing the work.

9.3 Subsoil conditions, if presented, must be interpreted within the limits of investigation and the anticipated normal field variances. Claims for unusual conditions of excessive amounts of fill or excavation over original estimates of the Engineer or Contractor shall not be grounds for extra work clauses or request.

9.4 The Engineer retains the right to cancel portions or expand the scope of work after a fair and just adjustment is concurred in by the Contractor.

9.5 The Contractor will receive partial payment on estimates based upon the amount of work completed, to include material deliveries, and the amount of payment shall be approximate only subject to correction in subsequent estimates and payment. The amount of such payment shall be covered in the agreement with provision for retaining sufficient amounts for contingency.

9.6 Any partial payments will be subject to withholding by the Engineer pending any unsatisfied claims brought against the Contractor for labor or materials.

9.7 Any partial payments will be subject to withholding by the Engineer pending any unsatisfied completion or restoration of any assertion for defective or damaged work or materials.

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9.8 In the event of dispute regarding amounts due to the Contractor, the

Engineer reserves the right, at any time prior to final payment on the

Contract, to audit, or cause to be audited, the Contractor’s original records pertaining to the work.

9.9 Whenever the work provided for under the contract has been completely performed by the Contractor, and the final inspection and final acceptance has been made, and it is proven to the Engineer that all claims are satisfied, the final payment, being the difference between the contract amount and summation of all previous payment less any penalties assessed, shall be paid to the contractor. Upon final payment the Contractor shall provide the Engineer a statement that he has been paid all monies due and that the work was performed in accordance with the Contract Documents.

9.10 The payments of subcontractors, material, men and suppliers shall comply with Section 255.071 of Florida Statues.

9.11 Date of final payment shall be the commencement of all warranties and guarantees.

10.0 Payment by Contractor:

Within five (5) working days following each payment to the Contractor, the

Contractor shall pay respective amounts allowed by the County for the following:

(a) For all materials.

(b) For equipment installed in the work.

(c) For work performed by sub-contractor to the extent of each subcontractor’s interest in the contractor’s amount of payment.

On monthly invoices subsequent to the first invoice submitted there shall be a signed statement indicating that invoices for equipment and material supplied and sub-contractors have been paid by the Contractor. The statement shall read as follows:

“This is to certify that payment has been made for invoiced materials, equipment and sub-contractor work included in previous invoices number ____________ thru ____________.

Signed ______________________________________________________

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11.0 Post-Construction Evaluation:

Upon completion of a project that qualifies for the County’s Capital Improvement

Project Management System, the Owner will evaluate the Contractor’s performance using the “Contractor Rating System for Public Works Projects” submitted as part of the bid document. The contractor’s rating must be satisfactory. If the Contractor scores less than the expected level, they will receive written notice of this deficiency. This notification will explain the basis of the deficiency and that should this occur again within the next 24 months, the

Contractor may be excluded (for a period of 12 months) from participating in the

County’s bid process.

- - - - - - - - - - - - - - - - - - - - - - -

End of General Conditions

- - - - - - - - - - - - - - - - - - - - - - -

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____________________________________________________________________________

CONTRACTOR RATING SYSTEM

FOR

PUBLIC WORKS PROJECTS

Project Name: 11 TH Street Paved Shoulder and Sidewalk Project

Contractor:

RATING SYSTEM

EXCELLENT:

Contractor completed project items early, on or below budget giving Bay County a high quality product with no intervention from the County’s Project Manager or inspectors.

VERY GOOD:

Contractor completed project items on time, on budget, giving good quality with little or no intervention from County Project Manager or inspectors.

SATISFACTORY:

Contractor completed project items on time, on budget providing quality in accordance with plans and specifications with some intervention from Project

Manager or inspectors.

MARGINAL:

Contractor required intervention on part of the County to meet quality standards in plans and specifications. Project may have had change orders, cost or schedule overruns.

4*

3

2

1 *

UN-SATISFACTORY:

Contractor did not successfully complete project.

0 *

NR

NR:

Not rated.

* Written justification is required for rating of 0, 1 and 4

PROJECT MANAGEMENT

1. How well did Contractor comply with the terms and conditions of the contract?

4

4 2. Did Contractor maintain negotiated schedule?

3. Did Contractor meet negotiated cost of contract and any change orders?

4. Did Contractor meet County’s job site safety requirements?

5. How well did contractor and all contractors’ personnel interact and communicate with County members?

6. How well did Contractor work with public to include motorist, residents, and businesses impacted by the project?

7. How well did Contractor handle unexpected changes to the scope of work?

8. Did Contractor complete job with minimal items on punch list?

4

4

4

4

4

4

3

3

3

3

3

3

3

3

2

2

2

2

2

2

2

2

1

1

1

1

1

1

1

1

0

0

0

0

0

0

0

0

54

NR

NR

NR

NR

NR

NR

NR

NR

____________________________________________________________________________

4 3 2 1 9. What condition did Contractor leave job site?

10. Was contractor/subcontractor equipment in good working condition?

11. Did Contractor submit project test data in accordance to specifications?

12. Did Contractor comply with road closures and maintenance of traffic plan?

13. Did Contractor perform work in accordance with bid specifications and plans with no claims or changes?

14. Did Contractor mobilize at the beginning and end of job in a timely manner?

15. How knowledgeable and efficient were the

Contractor’s personnel in performing work?

16. Did the Contractor pay subcontractors and material suppliers promptly?

17. Did Contractor minimize waste of materials?

4

4

4

4

4

4

4

4

3

3

3

3

3

3

3

3

2

2

2

2

2

2

2

2

1

1

1

1

1

1

1

1

0

0

0

0

0

0

0

0

0

18. Did Contractor accomplish contract close out in accordance with contract?

4 3 2 1 0

SUBTOTAL POINTS:SUBTOTAL OF NUMBER OF ITEMS RATED:

PROJECT CONSTRUCTION

1. How well did asphaltic concrete mix delivered to site meet plant acceptance criteria?

4

2. Did Contractor accomplish a continuously moving paving operation?

3. Did Contractor place an asphaltic concrete mat that is consistent in temperature and composition from side to side and top to bottom of the mat?

4. Did Contractor construct all longitudinal and transverse paving joints well?

5. Did Contractor use rolling procedures on asphaltic or open graded asphaltic concrete as established in the plans and specifications?

6. Did Contractor meet all FDOT and County roadway acceptance criteria for asphaltic concrete?

7. Did the Contractor construct embankments, subgrade, base, shoulder work and other earthwork in accordance with plans and specifications?

8. Did Contractor’s grassing and/or sodding meet specification requirements at the end of the established period?

9. Did Contractor accomplish back filling of trenches, retaining walls and foundations in accordance with the plans and specifications?

10. Did Contractor construct drainage structures and pipes in accordance with the plans and specifications?

11. Did the Contractor match planned grades in accordance with plans and specifications?

12. Were all pipes and drainage structures clean at the end of construction?

4

4

4

4

4

4

4

4

4

4

4

3

3

3

3

3

3

3

3

3

3

3

3

2

2

2

2

2

2

2

2

2

2

2

2

1

1

1

1

1

1

1

1

1

1

1

1

0

0

0

0

0

0

0

0

0

0

0

0

NR

NR

NR

NR

NR

NR

NR

NR

NR

NR

NR

NR

NR

NR

NR

NR

NR

NR

NR

NR

NR

NR

55

____________________________________________________________________________

13. How efficient was the Contracto r’s stream diversion (if

4 3 2 1 0 applicable)?

14. Did the Contractor place concrete, armor form and sand cement rip rap in accordance with the plans and specifications?

4 3 2 1 0

15. Was finished aesthetics of concrete/armor form acceptable?

16. Did contractor install sheet piling, headwalls and retaining walls in accordance with the plans and specifications?

17. Did Contractor comply with the project’s erosion control or stormwater pollution prevention plan?

4

4

4

SUBTOTAL POINTS:SUBTOTAL OF NUMBER OF ITEMS RATED:

3

3

3

2

2

2

1

1

1

0

0

0

OVERALL SCORE

TOTAL POINTS:TOTAL OF NUMBER OF ITEMS RATED:

RATING (TOTAL POINTS / TOTAL ITEMS RATED):

Inspector

’s Signature: ______________________Date: __________________

Engineer ’s Signature: ______________________Date: __________________

NR

NR

NR

NR

NR

56

APPENDIX B

Bay County Traffic Signal Specifications

1. Mast Arm Assemblies a) Color shall be natural (no paint) after a galvanization process. b) Foundations, and pole and arm structures, must comply with FDOT Index 17743 and 17745. c) Design wind speed 130 mph with 30% gust factor. d) Arm chamber angle = 2 degrees

2. Traffic Signal Control Cabinet a) Pad mounted NEMA TSI Type 2 with front and rear access doors. b) FDOT SOP 10 configuration with all specified equipment. c) Fiber optic interface equipped, and compatible with ATMS system. d) Eagle EPAC 3108 M52 controller, equipped with Malfunction Management Unit

(MMU) E.D.I. e) Fiber optic cable must be Corning Dry Dielectric. f) A Clary UPS power supply shall be installed.

3. Traffic Signal and Electrical Display Equipment a) Horizontal mounted polycarbonate signal heads with light emitting diodes (LED) indications. b) Polycarbonate “count down” pedestrian signal heads with LED indications. c) Lighted street name signs with LED indications. d) “Red Light Violation” enforcement LED indications on all approached white globes.

4. Traffic Control Equipment a) Pedestrian push buttons shall be Polara Engineering, Inc. Bulldog LED display with audible tone “actuation confirmed”. b) Vehicle detection shall be accomplished with Iteris, Unitrac, or Autoscope video detection for all movements. c) Equipment needed for the Iteris video detection:

2 ea. – Vantage Edge 2 2N processors

1 ea.

– TS2 IM BIU extension module

1 ea. – Edge connect

4 ea.

– RZ4 Advance color cameras

4 ea. – Pelco mast arm brackets

1 ea. – 9” black/white video monitor

1 ea. – Iteris DIN rail surge panel d) Black and white or color video monitors shall be installed in the signal cabinet.

5. Pan Tilt and Zoom Camera a) Camera shall be Vicon SVFT Dome Color Camera (SVFT-PRS23) b) Encoder to digitize video for network shall be Impath Video Encoder (i4110). c) Camera shall be mounted to mast arm pole and include connection to Encoder.

Coordinate with Keith Bryant, P.E. (850-248-8741) or David Tharp, P.E. (850-

248-8744) of the Bay County Traffic Engineering Division for location.

Page 1 of 1

bay county board of county commissioners

PERFORMANCE BOND

Workers Compensation Coverage

General, Automobile and Excess or Umbrella Liability Coverage

Commercial General Liability Coverage - Occurrence Form Required

Business Auto Liability Coverage

Excess or Umbrella Liability Coverage

CONTRACTOR RATING SYSTEM

OVERALL SCORE

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bay county board of county commissioners

PERFORMANCE BOND

Workers Compensation Coverage

General, Automobile and Excess or Umbrella Liability Coverage

Commercial General Liability Coverage - Occurrence Form Required

Business Auto Liability Coverage

Excess or Umbrella Liability Coverage

CONTRACTOR RATING SYSTEM

OVERALL SCORE

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