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DREW STREET AND US 19 OVERPASS LANDSCAPE IMPROVEMENTS - 05-0004-EN I I I I I I Drew Street and u.S. 19 ~ Overpass Landscape Improvements I Project #05-0004-EN I I I I I I I I I I I CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS prepared for ~ Clearwater - u ISSUED FOR BID May /2006 , ACORDn CERTIFICAT OF LIABILITY INSURAN'_F OP 10 L31 DATE (MMlDDIYYYY) MOREL-2 OS/OS/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brown & Brown, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 155~9 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tampa FL 336S4-55~9 Phone:S~3-226-~300 Fax:S13-226-1313 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Soutbern Owner. In.urance CO. INSURER B: AUTO OWNERS INSURANCE ~89S8 Morelli Landscaiin~h Inc. INSURER c: FCCI INSURANCE CO 4S55 162nd Ave or INSURER D: Clearwater FL 33762 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR'~DD'~ TYPE OF INSURANCE POLICY NUMBER ~QL1~jl ~!:~..t:g"1l~ P~kt(,;l(~~h~~~N LIMITS LTR NSRD DATE MMlDDIYY i ~NERAL LIABILITY EACH OCCURRENCE s~,OOO,OOO A X COMMERCIAL GENERAL LIABILITY 20654637 OS/06/06 08/06/07 U!\I'.'IA~~ WE t<t:N I ~u s~OO,OOO i PREMISES Ea occurence) I CLAIMS MADE [!J OCCUR MED EXP (Anyone person) slO,OOO I X PD DED $1,000 PERSONAL & ADV INJURY sl,OOO,OOO ~ , GENERAL AGGREGATE s2,OOO,OOO I ~ GEN'L AGGREGATE LIMIT APnS PER: PRODUCTS. COMP/OP AGG s2,OOO,OOO i Xl n PRO. X POLICY JECT LOC i AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ~ sl,OOO,OOO B X ANY AUTO 42~6601100 0~/~0/06 0~/~0/07 (Ea accident) ~ ALL OWNED AUTOS BODILY INJURY ~ S SCHEDULED AUTOS (Per person) I--- ~ HIRED AUTOS BODILY INJURY ! S NON.OWNED AUTOS (Per accident) ~- PROPERTY DAMAGE $ (Per accident) DRAGE LIABILITY AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S r- I AUTO ONL Y: AGG S i ~ESS/UMBRELLA LIABILITY EACH OCCURRENCE S~,OOO,OOO I X OCCUR 0 CLAIMS MADE B I 42~6601102 08/06/06 08/06/07 AGGREGATE sl,OOO,OOO ! , f~ DEDUCTIBLE S S , i Ix RETENTION $10,000 IS X I TORY LIMITS 1 IU~~-1 - WORKERS COMPENSATION AND EMPLOYERS' LIABILITY C ANY PROPRIETOR/PARTNER/EXECUTIVE WC03A47444 09/30/05 09/30/06 E.L. EACH ACCIDENT s100,OOO OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE s100,OOO If yes, describe under -- SPECIAL PROVISIONS below E.L. DISEASE. POLICY LIMIT S500,OOO OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of Clearwater Public Works Administration PO Box 4748 Clearwater FL 33758 CANCELLATION CLEARWA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 030 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPR SENTATIVES. AU 0 ZED ESENTATIVE 'fl. @ ACORD CORPORATION 1988 CERTIFICATE HOLDER ACORD 25 (2001/08) EMERGENCY CALL LIST TO: Public Works Administration/Engineering; Police Communications; Traffic; Fire Department; Utilities Dispatch/Gas; Public Service/ Road & Drainage; Public Utilities/Water; Public Utilities/Wastewater; Assistant Public Services Director; Building Construction Manager; Construction Inspector; FROM: Public Works Administration/Engineering PROJECT: Drew Street & US 19 Overpass Landscape Improvements (05-0004-EN) LOCATION: Drew Street & US 19 Clearwater, FL The following Contractor has been awarded the above project by the City Commission action dated: Thursdav, Julv 20, 2006 PROJECT IS TO BEGIN: CONTRACTOR'S NAME AND ADDRESS: NAME: ADDRESS: Morelli Landscaping, Inc. 4855 162nd Avenue North Clearwater, FL 33762 PHONE NO. : (727) 535-6263 FAX NO. (727) 536-6855 IN CASE OF EMERGENCY - PLEASE NOTIFY: (Please List 3) NAME: ADDRESS: Joe Morelli 4855 162nd Avenue North, Clearwater, Fl 33762 PHONE NO.: 727-224-5684 NAME: Mike Morelli ADDRESS: 208 Emerald Lane, Largo, Fl PHONE NO.: 727-423-2054 NAME: John Morelli ADDRESS: 1961 Oak Street, Largo, Fl PHONE NO.: 727-946-7255 EMERGENCY TRAFFIC MAINTENANCE PERSON NAME: Mike Morelli PHONE NO. : 727-423-2054 NOTE: IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO NOTIFY THE TRAFFIC ENGINEERING DEPARTMENT & THE CLEARWATER POLICE DEPARTMENT WHEN WORK COMMENCES AND WHEN STREETS ARE TO BE CLOSED TO TRAFFIC. TO: City of Clearwater ATTN: Public Works Construction P.O. BOX 4748 Clearwater, Florida 33758-4748 The following personnel are authorized by me to sign submittals for Drew Street & US 19 Overpass Landscape Improvements (05-0004-EN) NAMES: Vincent J. (Joe) Morelli, Jr. COMPANY NAME: Morelli Landscaoina. BY, v'::ce~J~lli' DATE: 8/16/06 Inc. Jr. TITLE: President I P G ... .. THE PROSUREGROUP INC This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 (revision effective July 1, 1998) Bond Number: Surety in which bond's written: Local Address: Local Phone Number: Contractor Name: Address: D c;. ~ "-~ f\..Le..&. +~ ).,..... f, J In. I <..~ ,'''''' Phone: Owner Name: Address: C#-c- Phone: Obligee Name: Address: Phone: ( Contract Number: Project Description: Project Address: Legal description of property: SSB389243 RLI Insurance Company 6000 Cattleridge Drive, Suite 206 Sarasota, FL 34232 (941) 343-1100 Morelli Landscaping, Inc. 4855 162nd Avenue North Clearwater, FL 33762 (727) 535-6263 City of Clearwater 10 south Missouri A venue Clearwater, FL 34618 ( ) Same As Owner ) Drew Street & US 19 Overpass Landscape Improvements Clearwater, FL See Attached This is the front page of the bond. All other pages are subsequent regardless of preprinted numbers. 7217 Benjamin Road, Tampa, FL 33634 I Ph 813.243.1110 I Fx 813.243.1109 I www.prosuregroup.com Al.:Ig 10 06 03:37p p.2 " ,0 BOND NUMBER: SSB389243 CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we MORELLI LANDSCAPING. INC. Contractor and RLI INSURANCE COMPANY (Surety) whose home address is POBOX 3967. PEORIA. ILLINOIS 61612-3967. HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: TWO HUNDRED FOUR THOUSAND SIX HUNDRED TWENTY SEVEN DOLLARS AND SEVENTY-EIGHT CENTS ($204,627.78) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful perfonnance of a certain written contract, dated the ~ ~ day of Au S , 2006, entered into between the Contractor and the City of Clearwater for: DREW STREET & US 19 OVERPASS LANDSCAPE IMPROVEMENTS (05-0004-EN) a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Page 1 Rug 10 06 03:37p p.3 " CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals ofthe parties hereto this ~ a. day of AuS. , 2006. MORELLI LANDSCAPIN0. INC. CONTRACTOR By .u~ Vincen J. relli, President ATTEST: Jr. p~' RLI Insurance Canpany SU~ By: JJ. fJ AT ORNEY-IN-FACT David B. Shick WlTN~ ca CY ~ERSIGNED: JJ. fJ David B. Shick, Florida Resident Agent Page 2 RLI RLI Surety A Division of RLI Insurance Company P.O. Box 3967 Peoria,IL 61612-3967 Phone: 309-692-1000 Fax: 309-692-8637 POWER OF ATTORNEY RLI Insurance Company '. Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: David B, Shick in the City of Tampa , State of Florida its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following descnbed bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation, The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers ofthis Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors ofRLI Insurance Company, and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations ofthe corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice-President with its corporate seal affixed this 22nd day of March 2006 State of Illinois \\,UUlft,,,,/ ","'~NCE c/"'" ,...,~~ ....... OA:"', ~ ~ ..- -.. .""'...0 ~ $~.. ...~~ gtt:' c.o~PORA1"~ ',~"i % ~ S E.A L} ~ %. ..... ..'" f .........., ............ ,....~ ""'/ l. L I N 0 \ ,=""", 1111"",,1'''''\\\ County of Peoria } 55 On this 22nd day of March, 2006, before me, a Notary Public, personally appeared Rny (' nip , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. B~ UJL(L rI #jtM~~ Cherie L. Montgomery NrfY Public 0948311020208 RLI Insurance Company By: Roy C. Die Vice- President I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this day of ,~. RLI Insurance Company A0059106 I I I I I I I I I I I I I I I I I I I ADVERTISEMENT OF BIDS & NOTICE TO CONTRACTORS DREW STREET AND U.S. 19 OVERPASS LANDSCAPE IMPROVEMENTS CONTRACT # 05-0004-EN CLEARWATER, FLORIDA Copies of the Contract Documents and Plans for this project are available for inspection and/or furchase by prospective bidders at the Municipal Services Bldg., Public Works Administration Office, 2n Floor, 100 So. Myrtle Ave., Clearwater, Florida, between the hours of 8:30 a.m. and 4:30 p.m. Monday thru Friday, on MONDAY, MAY 22, 2006, until no later than close of business three days preceding the bid opening. A charge of $60.00, none of which will be refunded, will be made for each set. The work for which proposals are invited consists of, but is not necessarily limited to: Demolition, earthwork, grading, paving, drainage, utilities, electrical and lighting, gas system, site furnishing, special features, signage, landscaping an irrigation; together with all necessary appurtenances. A MANDATORY Pre-Bid Conference for all prospective bidders will be held on MONDAY, JUNE 5, 2006 at 10:00 a.m. at the Municipal Services Building, 100 South Myrtle Avenue, First Floor, Human Resources Training Room #130, Clearwater, Florida. Representatives of the Owner and Consulting Engineer will be present to discuss this Project. Sealed proposals will be received by the Purchasinf Mana2er, at the Purchasin2 Office, located at the Municipal Services Bld2.. 100 So. Mvrtle Ave.. 3r Floor. Clearwater. Florida 33756-5520, until 1:30 P.M. on TUESDAY, JUNE 20,2006, and publicly opened and read at that hour and place for DREW STREET AND U.S. 19 OVERPASS LANDSCAPE IMPROVEMENTS (05-0004-EN). A complete bidders package containing plans, specifications, bond forms, contract form, affidavits and proposal form are available only to contractors who are able to perform work in the category of LANDSCAPING & IRRIGATION and MAINTENANCE with a minimum pre-qualification amount of $250,000.00. Bid acceptance will be contingent upon ability to meet City qualification standards. Contractors are to submit their prequalification package prior to or at the bid opening with their proposal package. Contractors, suppliers, or others who are not pre-qualified but who may be interested as a possible subcontractor, supplier, etc., may purchase a "Subcontractor" package consisting of plans, specifications, and pay items worksheet. A 10% bid bond is required for all City of Clearwater projects. The right is reserved by the City Manager of the City of Clearwater, Florida to reject any or all bids. The City of Clearwater, Florida William B. Home, II, City Manager I I I I I I I I I I I I I I I I I I I SECTION II INSTRUCTIONS TO BIDDERS I I I I I I ! I I I I I I I I I I I I SECTION II INSTRUCTIONS TO BIDDERS Table of Contents: SECTION II ... ............ ........ ...... ..... ............. ..... .... ................... ................. ... .... ....... ........ ... .... ... ....... i 1 COPIES OF BIDDING DOCUMENTS.......................................................................... 1 2 QUALIFI CA TION OF BIDDERS .................................................................................. 1 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE .................................1 4 INTERPRE-T A TIONS AND ADDENDA ....................................................................... 2 5 BID SECURITY OR BID BOND .................................................................................... 3 6 CONTRACT TIME. ... ..... ....... ....... ..... ..... ..... ....... ............................... ............ ........ .......... 3 7 LIQUIDATED DAMAGES ............................................................................................. 3 8 SUBSTITUTE MATERIAL AND EQUIPMENT ......................................................... 3 9 SUB CONTRA eTO RS. ... ....... ........ ..... ........... ........ ....................................... ....... ..... ........ 3 10 BIDIPRO POSAL FORM ................................................................................................. 4 11 SUBMISSION OF BIDS ..................................................................................................4 12 MODIFICATION AND WITHDRAWAL OF BIDS .................................................... 5 13 RE-JECTION OF BIDS ....................................................................................................5 14 DISQUALIFICATION OF BIDDER.............................................................................. 5 15 0 PENIN G OF BIDS ......................................................................................................... 5 16 LICENSES, PERMITS, ROYALTY FEES AND TAXES ........................................... 5 17 IDENTICAL TIE BIDSNENDOR DRUG FRE-E WORKPLACE ............................. 6 18 AWARD OF CONTRACT ............................................................................................... 7 19 BID PR OTE ST......... ... ..... ....... .................................. ..... ..... ....... ...... .... .......... ................ ... 7 20 TRE-NCH SAFETY ACT ................................................................................................. 8 SectionII.doc Revised: 5/1l/2005 I I I I I I I I I I I I I, I I I I I I 1 1.1 Section II - Instructions to Bidders COPIES OF BIDDING DOCUMENTS 1.2 Complete sets of the Bidding Documents are available for the sum. stated in the Advertisement for Bid from the Office of the Purchasing Manager. This amount represents reproduction costs and is non-refundable. A complete bidders package containing plans, specifications, bond forms, contract form, affidavits and bid/proposal form is available only to pre-qualified bidders. Contractors, suppliers, or others who are not pre-qualified but who may be a possible subcontractor, supplier, or other interested person may purchase a "Subcontractor" package consisting of plans, specifications, and list of pay items. Complete sets of Bidding Documents must be used in preparing bids. Neither the City nor the Engineer shall be liable for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents, by Bidders, sub-bidders or others. The City, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant any other permission to use the documents for any other purpose. 1.3 2 2.1 QUALIFICATION OF BIDDERS Each prospective Bidder must pre-qualify to demonstrate, to the complete satisfaction of the City of Clearwater, that the Bidder has the necessary facilities, equipment, ability, fmancial resources and experience to perform the work in a satisfactory manner before obtaining drawings, specifications and contract documents. An application package for pre- qualification may be obtained by contacting the City of Clearwater, Engineering Department, Engineering Services Division at P.O. Box 4748, Clearwater, Florida 33758- 4748 (mailing address); 100 South Myrtle Avenue, Clearwater, Florida 33756-5520 (street address only) or by phone at (727) 562-4750. All qualification data must be completed and delivered to the Director of Engineering at the above address not later than fourteen (14) days prior to the time set for the receipt of bids. Bidders currently pre-qualified by the City do not have to make reapplication. 3 3.1 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 3.2 It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly; (b) visit the site to become familiar with local conditions that may in any manner affect cost, progress, performance or furnishing of the work; (c) consider and abide by all applicable federal, state and local laws, ordinances, rules and regulations; and (d) study and carefully correlate Bidder's observations with the Contract Documents, and notify Engineer of all conflicts, errors or discrepancies in the Contract Documents~ In reference to the Technical Specifications and/or the Scope of the Work for identification of those reports of explorations and tests of subsurface conditions at the site which have been utilized by the Engineer in the preparation of the Contract Documents, bidder may rely upon the accuracy of the technical data contained in such reports but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction. In reference to those drawings relating to physical conditions of existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site and which have been utilized by the Engineer in preparation of the Contract Documents, bidder may rely upon the accuracy of the technical 3.3 3.4 3.5 3.6 3.7 3.8 4 4.1 Section II - Instructions to Bidders I I I I I I I I I I I I II I ,I I I I I data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site are based upon information and data furnished to the City and Engineer by owners of such Underground Facilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless expressly provided in the Contract Documents. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities, other physical conditions, possible conditions, and possible changes in the Contract Documents due to differing conditions appear in the General Conditions. Before submitting a Bid, each Bidder shall, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing the work in accordance with the time, price and other terms and conditions of the Contract Documents. On request in advance, City will provide each Bidder access to the site to conduct such explorations and tests at Bidder's own expense as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former condition upon completion of such explorations and tests. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the City unless otherwise provided in the Contract Documents. The submission of a Bid will constitute an unequivocal representation by the Bidder that the Bidder has complied with every requirement of these Instructions to Bidders and that, without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents by such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of performance and furnishing of the work. INTERPRETATIONS AND ADDENDA All questions as to the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be issued by Addenda, either by mail or facsimile transmission, to all parties recorded by the Purchasing Manager as having received the Bidding Documents. Questions received less than ten (10) days prior to the date for opening of Bids may not be answered. Only information provided by formal written Addenda will be binding. Oral and other interpretations of clarifications will be without legal effect. I I I I I I 'I I I, I I I I, I I I I I I 4.2 5 5.1 5.2 5.3 Section II - Instructions to Bidders Addenda may also be issued to modify the Bidding Documents as deemed advisable by the City or Engineer. BID SECURITY OR BID BOND Each Bid must be accompanied by Bid Security made payable to the City of Clearwater in an amount equal to ten percent (10%) of the Bidder's maximum Bid price and in the form of a certified or cashiers check or a Bid Bond (on form attached) issued by a surety meeting the requirements of the General Conditions. A cash bid bond will not be accepted. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Payment and Performance bonds, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute, deliver the Agreement and furnish the required Bonds within ten (10) days after the award of contract by the City Commission, the City may annul the bid and the Bid Security of the Bidder will be forfeited. The Bid Security of any Bidder whom the City believes to have a reasonable chance of receiving the award may be retained by the City until the successful execution of the agreement with the successful Bidder or for a period up to ninety (90) days following bid opening. Security of other Bidders will be returned approximately fourteen (14) days after the Bid opening. The Bid Bond shall be issued in the favor of the City of Clearwater by a surety company qualified to do business in, and having a registered agent in the State of Florida. 6 6.1 CONTRACT TIME The number of consecutive calendar days within which the work is to be completed is set forth in the Technical Specifications. 7 7.1 LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Contract Agreement. 8 8.1 SUBSTITUTE MATERIAL AND EQUIPMENT The contract, if awarded, will be on the basis of material and equipment described in the Drawings or specif.ied in the Specifications without consideration' of possible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item may be furnished or used, application for its acceptance will not be considered by the Engineer until after the effective date of the Contract Agreement. The procedure for submittal of any such application is described in the General Conditions and as supplemented in the Technical Specifications. 9 9.1 SUBCONTRACTORS If requested by the City or Engineer, the Successful Bidder, and any other Bidder so requested, shall, within seven (7) days after the date of the request, submit to the Engineer an experience statement with pertinent information as to similar projects and other evidence of qualification for each Subcontractor, supplier, person and organization to be used by the Contractor in the completion of the Work. The amount of subcontract work shall not exceed fifty percent (50%) of the Work except as may be specifically approved by the Engineer. If the Engineer, after due investigation, has reasonable objection to any proposed Section II - Instructions to Bidders I I I I I I I I II I I I ,1 I I I I I I Subcontractor, supplier, other person or organization, he may, before recommending award of the Contract. Agreement to the City Commission, request the Successful Bidder to submit an acceptable substitute without an increase in Contract Price or Contract Time. If the Successful Bidder declines to make any such substitution, the City may award the contract to the next lowest and most responsive Bidder that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations. Declining to make requested substitutions will not constitute grounds for sacrificing the Bid security to the City of any Bidder. Any Subcontractor, supplier, other person or organization listed by the Contractor and to whom the Engineer does not make written objection prior to the recommendation of award to the City Commission will be deemed acceptable to the City subject to revocation of such acceptance after the Effective Date of the Contract Agreement as provided in the General Conditions. 9.2 No Contractor shall be required to employ any Subcontractor, supplier, person or organization against whom he has reasonable objection. 10 BID/PROPOSAL FORM 10.1 The BidJProposal Form is included with the Contract Documents and shall be completed in ink or by typewriter. All blanks on the BidJProposal Forms must be completed. The Bidder must state in the BidJProposal Form in words and numerals without delineation's, alterations or erasures, the price for which he will perform the work as required by the Contract Documents. Bidders are required to bid on all items in the BidJProposal form. The lump sum for each section or item shall be for furnishing all equipment, materials, and labor for completing the section or item as per the plans and contract specifications. Should it be found that quantities or amounts shown on the plans or in the proposal, for any part of the work, are exceeded or should they be found to be less after the actual construction of the work, the amount bid for each section or item will be increased or decreased in direct proportion to the unit prices bid for the listed individual items. 10.2 Bids by corporations shall be executed in the corporate name by the president or a vice- president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the Signature. If requested, the person signing a Bid for a corporation or partnership shall produce evidence satisfactory to the City of the person's authority to bind the corporation or partnership. 10.3 Bids by partnerships shall be executed in the partnership name and signed by a general partner, whose title shall appear under the signature and the official address of the partnership shall be shown below the signature. 10.4 All names shall be typed or printed below the signature. 11 SUBMISSION OF BIDS 11.1 Sealed Bids shall be submitted at or before the time and at the place indicated in the Advertisement for Bids and shall be submitted in the bid envelope provided with the bid documents. If forwarded by mail, the Bid shall be enclosed in another envelope with the notation "Bid Enclosed" on the face thereof and addressed to the City of Clearwater, attention Purchasing Manager. Bids will be received at the office indicated in the I I I I I I I I I I I I I I I I I I I Section II - Instructions to Bidders Advertisement until the time and date specified. Telegraphic or facsimile bids received by the Purchasing Manager will not be accepted. 12 MODIFICATION AND WITHDRAWAL OF BIDS 12.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered as described in the Advertisement of Bids. A request for withdrawal or a modification shall be in writing and signed by a person duly authorized to do so. Withdrawal of a Bid will not prejudice the rights of a Bidder to submit a new Bid prior to the Bid Date and Time. After expiration of the period for receiving Bids, no Bid may be withdrawn or modified. 12.2 After a bid is received by the City, the bidder may request to modify the bid for typographical or scrivener's errors only. The bidder must state in writing to the City that a typographical or scrivener's error has been made by the bidder, the nature of the error, the requested correction of the error, and what the adjusted bid amount will be if the correction is accepted by the City. The City reserves the right at its sole discretion to accept, reject, or modify any bid. 13 REJECTION OF BIDS 13.1 To the extent permitted by applicable State and Federal laws and regulations, the City reserves the right to reject any and all Bids, and to waive any and all informalities. Grounds for the rejection of a bid include but are not limited to a material omission, unauthorized alteration of form, unauthorized alternate bids, incomplete or unbalanced unit prices, or irregularities of any kind. Also, the City reserves the right to reject any Bid if the City believes that it would not be in the best interest of the public to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful fmancial ability or fails to meet any other pertinent standard or criteria established by the City. The City reserves the right to decide which bid is deemed to be the lowest and best in the interest of the public. 14 DISQUALIFICATION OF BIDDER 14.1 Any or all bids will be rejected if there is any reason for believing that collusion exists among the bidders, the participants in such collusion will not be considered in future proposals for the same work. Each bidder shall execute the Non-Collusion Affidavit contained in the Contract Documents. 15 OPENING OF BIDS 15.1 Bids will be opened and read publicly at the location and time stated in the Advertisement for Bids. Bidders are invited to be present at the opening of bids. 16 liCENSES, PERMITS, ROYAL TV FEES AND TAXES 16.1 The Contractor shall secure all licenses and permits (and shall pay all permit fees) except as specifically stated otherwise in the Technical Specifications. The Contractor shall comply with all Federal and State Laws, County and Municipal Ordinances and regulations, which in any manner effect the prosecution of the work. City of Clearwater building permit fees and impact fees will be waived except as specifically stated otherwise in the Technical Specifications. Section II -Instructions to Bidders I I I I I I I I I I I I I I I I I I I 16.2 The Contractor shall asswne all liability for the payment of royalty fees due to the use of any construction or operation process, which is protected by patent rights except as specifically stated otherwise in the Technical Specifications. The amount of royalty fee, if any, shall be stated by the Contractor. 16.3 The Contractor shall pay all applicable sales, conswner, use and other taxes required by law. The Contractor is responsible for reviewing the pertinent State Statutes involving the sales tax and sales tax exemptions and complying with all requirements. 17 IDENTICAL TIE BIDSNENDOR DRUG FREE WORKPLACE 17.1 In accordance with the requirements of Section 287.087 Florida Statutes regarding a Vendor Drug Free Workplace, in the event of identical tie bids, preference shall be given to bidders with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a bid 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 bids will be followed if none or all of the tied bidders have a drug-free workplace program. In order to have a drug-free workplace program, a contractor shall supply the City with a certificate containing the following six statements and the accompanying certification statement: (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 as to the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893, or of any controlled substance law, of the United States, or of any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. I certify that this firm does/does not (select only one) fully comply with the above requirements. I I I I I I I I I I I I I I I I I I I 18 18.1 18.2 18.3 18.4 19 19.1 19.2 Section II - Instructions to Bidders AWARD OF CONTRACT Discrepancies between words and figures will be resolved in favor of words. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In evaluating the Bids, the City will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, unit prices, and other data as may be requested in the Bid/Proposal form. The City may consider the qualifications and experience of Subcontractors, suppliers and other persons and organizations proposed by the Contractor for the Work. The City may conduct such investigations as the City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons, and organizations to perform and furnish the Work in accordance with the Contract Documents to the City's satisfaction within the prescribed time. If the Contract is to be awarded, it will be awarded to the lowest responsible, responsive Bidder whose evaluation by the City indicates to the City that the award will be in the best interest of the City. Award of contract will be made for that combination of base bid and alternate bid items in the best interest of the City, however, unless otherwise specified all work awarded will be awarded to only one Contractor. BID PROTEST RIGHT TO PROTEST: Any actual bidder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of his/her complaints initially with the Purchasing Manager, and if not satisfied, with the City Manager, in accordance with protest procedures set forth in this section. PROTEST PROCEDURE: A. A protest with respect to the specifications of an invitation for bid or request for proposal shall be submitted in writing a minimum of five (5) work days prior to the opening of the bid or due date of the request for proposal. Opening dates for bids or due dates for requests for proposal will be printed on the bid/request document itself. B. Protests in respect to award of contract shall be submitted in writing a maximum of five (5) work days after notice of intent to award is posted, or is mailed to each bidder, which ever is earlier. Notice of intent to award will be forwarded to bidders upon telephonic or written request. Protests of recommended award should cite specific portions of the City of Clearwater Code of Ordinances that have allegedly been violated. C. Exceptions to the five (5) day requirements noted in both A and B above may be granted if the aggrieved person could have not been reasonably expected to have knowledge of the facts giving rise to such protest prior to the bid opening, posting of intent to award, or due date for requests for proposals. Request for exceptions should be made in writing, stating reasons for the exception. D. The Purchasing Manager shall respond to the formal written protest within five business days of receipt. The Purchasing Manager's response will be fully I Section II - Instructions to Bidders coordinated with the appropriate Department Director and the Assistant City I Manager. E. If the protestor is not satisfied with the response from the Purchasing Manager, I he/she may then submit in writing within five business days of receipt of that response his/her reason for dissatisfaction, along with copies of his/her original formal protest letter and the response from the Purchasing Manager, to the City I Manager. F. The City Manager as Purchasing Agent for the City has the final authority in the I matter of protests. The City Manager will respond to the protestor within ten work . days of receipt of the appeal. 19.3 STAY OF PROCUREMENT DURING PROTEST: In the event of a timely protest, the I Purchasing Manager shall not proceed with the solicitation or award of contract until all administrative remedies have been exhausted or until the City Manager makes written determination that the award of contract without delay is necessary to protect the best .1 interest of the City. 20 TRENCH SAFETY ACT I 20.1 The Bidder shall comply with the provisions of the Florida Trench Safety Act (Sections 553.60-553.64, Florida Statutes) and the provisions of the Occupational Safety and I Health Administration's (OSHA) excavation safety standards, 29 C.F.R.s 1926.650 Subparagraph P, or current revisions of these laws. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I SECTION III GENERAL CONDITIONS I I I I I I I, I I I I I I I I I I I I SECTION III GENERAL CONDITIONS Table of Contents: S ECTI ON III ........................................... ........................ ..... ................................. ... ..... ................. i GENERAL CONDITIONS ........................................................................... .............................. i 1 DEFINITIONS ........................................ .................... ...... ....................... ..... .................... 1 2 PRELIMINARY MATTERS............ .................................. ....... ........... ..... ... ... .... ............ 4 2.1 DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE ............................ 4 2.2 COPIES OF DOCUMENTS............................................................................................ 4 2.3 COMMENCEMENT OF CONTRACT TIME/NOTICE TO PROCEED; STARTING THE PROJECT.................... ............................................................................................ 4 BEFORE STARTING CONSTRUCTION ..................................................................... 5 PRECONSTRU CTION CONFERENCE........................................................................ 5 2.4 2.5 3 3.1 3.2 4 CONTRACT DOCUMENTS, INTENT ......................................................................... 5 INTENT........................................................................................................................... 5 REPORTING AND RESOLVING DISCREPANCIES .................................................. 6 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS........... ...................................... ........ .................... ............ ........... 6 4.1 AVAILABILITY OF LANDS......................................................................................... 6 4.2 INVESTIGATIONS AND REPORTS ............................................................................ 6 4.3 PHYSICAL CONDITIONS, UNDERGROUND FACILITIES ..................................... 7 4.4 REFERENCE POINTS.................................................................................................... 7 5 BONDS AND INSURANCE ............................................................................................ 7 5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND............................... 7 5.2 INSURANCE......................................................... .......................................................... 8 5.2.1 WORKER'S COMPENSATION INSURANCE........................................................... 9 5.2.2 PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE.............................. 9 5.2. 3 COMPREHENSIVE A UTOMOBILE LIABILITy........ ......................... ................... 10 5.3 WAIVER OF RIGHTS .................................................................................................. 10 6 CONTRACTORS RESPONSIBILITIES ..................................................................... 11 6.1 SUPERVISION AND SUPERINTENDENCE ............................................................. 11 6.2 LABOR, MATERIALS AND EQUIPMENT ............................................................... 11 6.3 SUBSTITUTES AND "OR EQUAL" ITEMS .............................................................. 12 6.4 RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND OTHERS........ 12 6.5 USE OF PREMISES ...................................................................................................... 13 6.6 LICENSE AND PATENT FEES, ROYALTIES AND TAXES ................................... 14 6. 7 LAWS AND REGULATIONS............ ............. ............................................................. 14 6.8 PERMITS....................................................................................................................... 14 6.9 SAFETY AND PROTECTION ..................................................................................... 15 6.10 EMERGENCIES............................................................................................................ 15 6.11 DRAWINGS .................................................................................................................. 16 SectionIlLdoc Revised: 5/1112005 SectionIlI.doc ii Revised: 5/1112005 I I I I I I I I I I I I I I I I I I I Section II1- General Conditions 6.11.1 SHOP DRA WINGS AND SAMPLES ....................................................................... 16 6.11.2 AS-BUILT DRA WINGS........................... ............................................ ..................... 17 6.11.3 CAD STANDARDS.... ............................................... ................................................ 19 6.11.4 DELIVERABLES:.. .................................................................................................. 20 6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE........................... 21 6.13 CONTINUING THE WORK ........................................................................................21 6.14 INDEMNIFICA TION ...................................................................... .............................. 21 7 OTHER WORK..... ...... .... .................. .......... ....... ............ .......................... ... ................... 22 7 .1 RELATED WORK AT SITE ........................................................... ............................. 22 7 .2 COORDINATION............ ............................................................................................. 23 8 OWNERS RESPONSIBILITY ...................................................................................... 23 9 ENGINEER'S STATUS DURING CONSTRUCTION .............................................. 23 9.1 OWNERS REPRESENTATIVE ................................................................................... 23 9.2 CLARIFICATIONS AND INTERPRETATIONS ........................................................ 24 9.3 REJECTING OF DEFECTIVE WORK ........................................................................24 9.4 SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS ..................................24 9.5 DECISIONS ON DISPUTES ........................................................................................ 24 9.6 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES ........................................... 25 10 CHANGES IN THE WORK..........................................................................................25 11 CHANGES IN THE CONTRACT PRICE...................................................................26 11.1 CHANGES IN THE CONTRACT PRICE.................................................................... 26 11.2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT ....................... 27 11.3 UNIT PRICE WORK .................................................................................................... 27 12 CHANGES IN THE CONTRACT TIME ....................................................................28 13 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE W 0 RK............................................................................................... 28 13.1 TESTS AND INSPECTION .............................................................. ........................ .... 28 13.2 UNCOVERING THE WORK .................................................... ..... .............................. 29 13.3 ENGINEER MAY STOP THE WORK ........................................................................ 29 13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK ........................................ 30 13.5 WARRANTY/CORRECTION PERIOD ...................................................................... 30 13.6 ACCEPTANCE OF DEFECTIVE WORK ...................................................................30 13.7 OWNER MAY CORRECT DEFECTIVE WORK ....................................................... 30 14 PAYMENTS TO CONTRACTOR AND COMPLETION ......................................... 31 14.1 APPLICATION FOR PROGRESS PAYMENT ........................................................... 31 14.2 CONTRACTOR'S WARRANTY OF TITLE ...............................................................32 14.3 REVIEW OF APPLICATIONS FOR PROGRESS PAyMENTS................................ 32 14.4 PARTIAL UTILIZATION ........................................................ .................................... 33 14.5 FINAL INSPECTION ............... ............... ..................................................................... 33 14.6 FINAL APPLICATION FOR PAYMENT ................................................................... 33 14.7 FINAL PAYMENT AND ACCEPTANCE................................................................... 34 14.8 WAIVER OF CLAIMS .................... ............. ..... ............ .................... ........................... 34 I I I I I I I I I I I I I I I I I I I Section III - General Conditions 15 SUSPENSION OF WORK AND TERMINATION .................................................... 35 15.1 OWNER MAY SUSPEND THE WORK...................................................................... 35 15.2 OWNER MAY TERMINATE ...................................................................................... 35 15.3 CONTRACTOR MAY STOP WORK OR TERMINATE ........................................... 36 16 DISPUTE RESOLUTION .............................................................................................. 36 17 MISCELLANEOUS ........................................................... ........ ........ ......... ..... ... ..... ...... 37 17.1 SUBMITTAL AND DOCUMENT FORMS ................................................................. 37 17 .2 GIVING NOTICE.......................................................................................................... 37 17.3 NOTICE OF CLAIM ............................................................ ......................................... 37 17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED..................................... 37 17.5 ASSIGNMENT OF CONTRACT ................................................................................. 37 17 .6 RENEWAL OPTION .................................................................................................... 37 SectionIlI.doc iii Revised: 5/11/2005 SectionIIl.doc Revised: 5/11/2005 I I I I I I I I I I I I I I I I I I I Section II1- General Conditions 1 DEFINITIONS Addenda Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the contract documents. Agreement The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Applicationfor Payment The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. Approve The word approve is defined to mean satisfactory review of the material, equipment or methods for general compliance with the design concepts and with the information given in the Contract Documents. It does not imply a responsibility on the part of the Engineer to verify in every detail conformance with the Drawings and Specifications. Bid The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the work to be performed. Bidding Documents The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contact Documents (including all Addenda issued prior to receipt of Bids). Bonds Performance and payment bonds and other instruments of security. Change Order A written order to Contractor signed by Owner and Contractor authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued on or after the effective date of the Agreement. City The City of Clearwater, Florida. Contract Documents The Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid (including documentation accompanying the bid and any post-Bid documentation submitted prior to the execution of the Agreement) when attached as an exhibit to the Agreement, the Bonds, Instructions to Bidders, these General Conditions, any Supplementary Conditions, the Specifications and the Drawings, any other exhibits identified in the Agreement, together with all Modifications issued after the execution of the Agreement. Contract Price The Contract price constitutes the total compensation (subject to authorized adjustments) payable by Owner to Contractor for performing the Work. I I I I I I I I I I I I I I I I I I I Section III - General Conditions Contract Time The number of days or the date stated in the Agreement for the completion of the Work. Contractor The Person with whom the Owner has entered into the Agreement. Day A calendar day of twenty-four hours measured from midnight to the next midnight. Defective An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to Engineers recommendation of final payment. Drawings The drawings, which will be identified in Technical Specifications or the Agreement, which show the character and scope of the Work to be performed and which have been prepared or approved by Engineer and are referred to in the contract documents. Shop drawings are not Drawings as so defined. Engineer The duly appointed representative of the City Manager of the City of Clearwater. For the purposes of this contract, the City Engineer or his duly appointed representative. Engineer's Consultant A Person having a contract with Engineer to furnish services as Engineer's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. Furnish The words "furnish", "furnish and install", "install", and "provide" or words of similar meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service". Inspection The term "inspection" and the act of inspecting means examination of construction to ensure that it conforms to the design concept expressed in the Drawings and Specifications. These terms shall not be construed to mean supervision, superintending or overseemg. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes and orders of any kind of governmental bodies, agencies, authorities and courts having jurisdiction. Liens Liens, charges, security interests or encumbrances upon real property or personal property. Milestone A principal event specified in the contract Documents relating to an intermediate completion date or time prior to the final completion date. SectionlII.doc 2 Revised: 5/11/2005 SectionIlI.doc 3 Revised: 5/11/2005 I I I I I I I I I I I I I I I I I I I Section III - General Conditions Notice to Proceed A written notice given by the Owner to the Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform his obligations under the Contract Documents. Owner The City of Clearwater, Florida Person A natural person or a corporation, partnership, firm, organization, or other artificial entity. Project The total construction of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents. Partial Utilization Use by Owner of a substantially completed part of the Work for the purpose for which is intended (or a related purpose) prior to Final Completion of all the Work. Shop Drawing All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for Contractor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a supplier and submitted by Contractor to illustrate material or equipment for some portion of the Work. Specifications Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor A person having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion The Work (or a specified part thereof) which has progressed to the point where, in the opinion of Engineer, as evidenced by Engineer's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by the Engineer's recommendation of final payment. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. Supplementary Conditions The part of the Contract which amends or supplements these General Conditions. Supplier A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by the Contractor. I I I I I I I I I I I I I I I I I I I Section II1- General Conditions Surety Any person, firm or corporation which is bound with Contractor and which engages to be responsible for Contractor and his acceptable performance of the Work by a Bid, Performance or Payment Bond. Underground Facilities All pipelines, conduits, ducts, cables, wires manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal or treatment, traffic or other control systems or water. Unit Price Work Work to be paid for on the basis of unit prices. Work The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. Work Change Directive A written directive to Contractor, issued on or after the Effective Date of the Agreement and signed by the Engineer, ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed or emergencies. Work Change Directive will not change the Contract Price or Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 2 PRELIMINARY MATTERS 2.1 DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE When Contractor delivers the executed Agreements to Owner, Contractor shall also deliver to Owner such Bonds and Certificates of Insurance as Contractor may be required to furnish by this contract. 2.2 COPIES OF DOCUMENTS Engineer shall furnish to Contractor four copies of Contract Documents for execution. Additional copies will be furnished, upon request, at the cost of reproduction. 2.3 COMMENCEMENT OF CONTRACT TIME/NOTICE TO PROCEED; STARTING THE PROJECT The Contract Time will commence on the day indicated in the Notice to Proceed. Contractor shall start to perform the work on the date the Contract Time commences to run. No work shall be done at the site prior to the date which the Contact Time commences to run. SectionIIl.doc 4 Revised: 5/11/2005 SectionIIl.doc 5 Revised: 5/1l!2005 I I I I I I I I I I I I I I I I I I I Section III - General Conditions 2.4 BEFORE STARTING CONSTRUCTION Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error or discrepancy which Contractor may discover; and shall obtain a written interpretation or clarification from Engineer before proceeding with any work effected thereby; however, Contractor shall not be liable to Owner for failure to report any conflict, error or discrepancy in the Drawings or Specifications, unless Contractor had actual knowledge thereof or should reasonably have known thereof. No verbal agreement or conversation with any officer, agent or employee of Owner or Engineer, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. Contractor shall not commence any work at any time without approved insurance required by these General Conditions. Failure to obtain this insurance will be the sole responsibility of the Contractor. 2.5 PRECONSTRUCTION CONFERENCE Within twenty days of Award of Contract and before the start of the Work, the Engineer may schedule a conference to be attended by Contractor, Engineer and others as appropriate to establish a working understanding among the parties as to the Work and to discuss the schedule of the Work and general Contract procedures. 3 CONTRACT DOCUMENTS, INTENT 3.1 INTENT The Contract Documents comprise the entire Agreement between the Owner and the Contractor concerning the Work. They may be altered only by written agreement. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment which may reasonably be inferred from the Contract Documents or from prevailing custom or from trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases, which have a well- known technical or construction industry or trade meaning, are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by the Engineer. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the code, Laws or Regulation of any governmental authority, whether such reference be specific or by.implication, shall mean the latest standard specification, manual or code, or Laws or Regulations in effect at the time of opening of Bids except as may be otherwise specifically stated in the Contract Documents. However, no provision of any referenced standard specification, manual or code (whether or not specially incorporated by reference in the responsibilities of Owner or Contractor as set forth in the Contract Documents) shall change the duties and responsibilities of Owner, Contractor or Engineer, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract shall be issued by Engineer. Each and every provision of law and clause required by law to be inserted in these Contract documents shall be deemed to be inserted herein, and they shall be I I I I I I I I , I I I I I I I I I I Section III - General Conditions read and enforced as through it were included herein, and if through mistake or otherwise, any such provision is not inserted, or if not correctly inserted, then upon the application of either party, the Contract Documents shall forthwith be physically amended to make such insertion. The various Contract Documents shall be given precedence, in case of conflict, error or discrepancy, as follows: Modifications, Contract Agreement, Addenda, Supplementary Conditions, General Conditions, Drawings, Technical Specifications. In a series of Modifications or Addenda the latest will govern. 3.2 REPORTING AND RESOLVING DISCREPANCIES If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier, Contractor shall report it to the Engineer in writing at once, and Contractor shall not proceed with the Work affected thereby (except in an emergency) until an amendment or supplement to Contract Documents has been issued by one of the methods provided in these General Specifications, provided however, that Contractor shall not be liable to Owner or Engineer for failure to report any such conflict, error, ambiguity or discrepancy unless Contractor knew or reasonably should have known thereof. 4 AVAilABiliTY OF lANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 AVAILABILITY OF LANDS Owner shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be Performed, rights-of-way, easements for access thereto, and such other lands which are designated for the use of contractor. Owner shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which contractor will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided in the Contract Documents. 4.2 INVESTIGATIONS AND REPORTS Reference is made to the Supplementary Conditions and Technical Specifications for identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by Engineer in preparation of the Drawings and Specifications. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. Contractor shall promptly notify Engineer in writing of any subsurface or latent physical conditions at the site, or in an existing structure, differing materially from those indicated or referred to in the Contract Documents. Engineer will promptly review those conditions and advise if further investigation or tests are necessary. Owner or Engineer shall obtain the necessary additional investigations and tests and furnish copies to the Engineer and Contractor. If Engineer finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions, which differ materially from those, indicated in the SectionIII.doc 6 Revised: 5/1112005 SectionlII.doc 7 Revised: 5/11/2005 I I I I I I I I I I I I I I I I I I I Section III - General Conditions contract Documents, and which could not reasonably have been anticipated by Contractor, a work change or Change Order will be issued incorporating the necessary revisions. 4.3 PHYSICAL CONDITIONS, UNDERGROUND FACILITIES The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities or by others. Unless otherwise expressly provided in the Contract Documents, Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and the cost of all the following will be included in the Contract Price and contractor shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. The Contractor is required to call the LOCAL PUBLIC UTILITY NOTIFICATION CENTER prior to any excavation per State regulations and to notify any utility owners who are not a member of the LOCAL PUBLIC UTILITY NOTIFICATION CENTER prior to any excavation. The LOCAL PUBLIC UTILITY NOTIFICATION CENTER is an agency for the protection and location of utilities prior to any excavation and contact number is available in local telephone directory. 4.4 REFERENCE POINTS Engineer shall provide engineering surveys to establish reference points for construction, which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. The Contractor is referred to the Technical Specifications for more specific information regarding the provision of construction surveys. Excessive stake replacement caused by negligence of Contractor's forces, after initial line and grade have been set, as determined by the Engineer, will be charged to the Contractor at the rate of $100.00 per hour. Time shall be computed for actual time on the project. All time shall be computed in one-hour increments with a minimum charge of one hour. 5 BONDS AND INSURANCE 5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND Contractor shall furnish a Performance Bond and Payment Bond, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. These bonds shall remain in effect at least one year after the date when final payment becomes due, unless a longer period of time is prescribed by laws and regulations or by the Contract Documents. Contractor shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on I I I I I I I I I I I I I I I I I I I Section III - General Conditions Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, u.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of such agents' authority to act. All bonds shall be deemed to contain all of the Conditions of Section 255.05, Florida Statutes, even if such language is not directly contained within the bond and the Surety shall be licensed and qualified to do business in the State of Florida. The Owner reserves the right to reject any surety. If the Surety on any Bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of these Contract Documents, the Contractor shall within five days after notice thereof substitute another Bond and surety, both of which must be acceptable to the Owner. 5.2 INSURANCE Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance and furnishing of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed or furnished by Contractor, and Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable for the following: (i) Claims under worker's compensation, disability benefits and other similar employee benefit acts; (ii) Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; (iii) Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; (iv) Claims for damages insured by customary personal injury liability coverage which are sustained by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or by any other person for any other reason; (v) Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and (vi) Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain in accordance with this paragraph. The policies of insurance so required by this paragraph to be purchased and maintained shall: (i) include as additional insured (subject to any customary exclusion in respect of professional liability) City of Clearwater and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insured, and include coverage for the respective officers and employees of all such additional insures; (ii) include completed operations insurance; (iii) include contractual liability insurance covering Contractor's indemnity obligations in Article for Contractor's Responsibilities; (iv) contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to the Owner, and Contractor and to each other additional insured identified in the Supplemental Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor as described in this paragraph); (v) remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing or replacing defective Work in accordance with Article for Correction of Defective Work; (vi) with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, shall remain in SectionIII.doc 8 Revised: 5/11/2005 Section III - General Conditions effect for at least two years after final payment. Contractor shall furnish Owner and each other additional insured identified in the SUpplementary Conditions to whom a certificate of insurance has been issued evidence satisfuctory to Owner and any such additional insured, of continuation of such insurance at final payment and one year thereafter and (vii) Name and telephone number of the authorized insurance agent for the Insurer. The limits of liability for the insurance required sball provide COverage for not less than the fOllOwing amounts or greater where required by laws and regulations: 5.2.1 WORKER'S COMPENSATION INSURANCE Contract A ward Amount Contract A ward Amount Under $1,000,000. $1,000,000. and Over (1) Workers' Compensation Statutory Statutory (2) Employer's Liability $500,000. $1,000,000. 5.2.2 PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE Comprehensive General Liability including Premise/Operations; Explosion, Collapse and Underground Property Damage; Products/Completed Operations, Broad Form Contractual, Independent Contractors; Broad Form Property Damage; and Personal I'1iury liabilities: Contract A ward Amount Contract A ward Amount Under $1,000,000. $1,000,000. and Over (1) Bodily Injury: $500,000. Each $1,000,000. Each Occurrence Occurrence $1,000,000. Annual $1,000,000. Annual Aggregate Aggregate (2) Property Damage: $500,000. Each $1,000,000. Each Occurrence Occurrence $1,000,000. Annual $1,000,000. Annual Aggregate Aggregate (3) Personal Injury, with $1,000,000. Annual $1,000,000. Annual employment exclusion deleted Aggregate Aggregate SectionIII.doc 9 Revised: 5/1 1/2005 I I I I I I I I I I I I I I I . I I I I I I I I I I I I I I I I I I I Section III - General Conditions 5.2.3 COMPREHENSIVE AUTOMOBILE LIABILITY including all owned (private and others), hired and non-owned vehicles: Contract A ward Amount Contract A ward Amount Under $1,000,000. $1,000,000. and Over (1) Bodily Injury $500,000. Each Person $1,000,000. Each Person $500,000. Each Accident $1,000,000. Each Accident (2) Property Damage $500,000. Each $1,000,000. Each Occurrence Occurrence Receipt and acceptance by the Owner of the Contractor's Certificate of Insurance, or other similar document does not constitute acceptance or approval of amounts or types of coverages, which may be less than required by these Contract Documents. Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests of Contractor, Subcontractors or others in the Work. The Owner may at its option require a copy of the Contractor's Insurance Policy(s). All insurance policies required within this Contract Document shall provide full coverage from the first dollar of exposure unless otherwise stipulated. No deductibles will be accepted without prior approval from the Owner. Lone:shore and Harbor Worker's Compensation Act: Section 32 of the Act, 33 U.S.C. 932, requires an employer, with employees in maritime employment, to secure the payment of benefits under the Act either by insuring with an insurance carrier authorized by the U.S. Department of Labor, or to be authorized by the U.S. Department of Labor as a self-insurer. For General Contractors: Section 4(a) of the Act provides that every employer shall be liable for and shall secure the payment to his employees of the compensation payable under Sections 7, 8, and 9 of the Act. In the case of an employer who is a subcontractor, only if such subcontractor fails to secure the payment of compensation shall the contractor be liable for and be required to secure the payment of compensation. 5.3 WAIVER OF RIGHTS Owner and Contractor intend that all policies purchased in accordance with Article on Insurance will protect Owner, Contractor, Subcontractors, Engineer, Engineer's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insured or additional insured in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insured or additional insured thereunder, Owner and Contractor waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the work; and, in addition, waive all such rights against Sub-contractors, Engineer, Engineer's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insured or additional insured under such policies for losses and damages so caused. None of the above waivers shall extend to the SectionIlI.doc 10 Revised: 5/11/2005 SectionIII.doc 11 Revised: 5/11/2005 I I I I I I I I I I I I I I I I I I I Section III - General Conditions rights that any party making such waiver may have to the proceeds of insurance otherwise payable under any policy so issued. In addition, Owner waives all rights against Contractor, Subcontractors, Engineer, Engineer's Consultant and the officers, directors, employees and agents of any of them for: (i) loss due to business interruption, loss of use or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by Owner and; (ii) loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization, after substantial completion or after final payment. 6 CONTRACTORS RESPONSIBiliTIES 6.1 SUPERVISION AND SUPERINTENDENCE Contractor shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but Contractor shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. Contractor shall be responsible to see that the completed work complies accurately with the Contract Documents. Contractor shall keep on the work at all times during its progress a competent resident superintendent, who shall not be replaced without notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the site and shall have authority to act on behalf of Contractor. All communications to the superintendent shall be as binding as if given to Contractor. Contractor shall employ only competent persons to do the work and whenever Engineer shall notify Contractor, in writing, that any person on the work appears to be incompetent, unfaithful, disorderly, or otherwise unsatisfactory, such person shall be removed from the project and shall not again be employed on it except with the written consent of Engineer. Contractor shall reimburse the Owner for additional engineering and inspection costs incurred as a result of overtime work in excess of the regular working hours or on the Owner's normally approved holidays. At Owner's option, overtime costs may either be deducted from the Contractor's monthly payment request or deducted from the Contractor's retention prior to release of final payment or the Engineer may elect to receive a monthly check from the Contractor in the amount of the overtime costs. Minimum number of chargeable hours for inspection costs on weekends or holidays shall be four hours. The cost of overtime inspection per hour shall be $40.00 per hour. Contractor shall provide and maintain in a neat and sanitary condition, such sanitary accommodations for the use of Contractor's employees as may be necessary to comply with the requirements of Laws and Regulations and the Engineer. 6.2 LABOR, MATERIALS AND EQUIPMENT Contractor shall provide competent, suitably qualified personnel to survey, layout and construct the work as required by the Contract Documents. Contractor shall at all times maintain good I I I I I I I I I I I I I I I I I I I Section III - General Conditions discipline and order at the site. Except as otherwise required for the safety or protection of persons or the work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all work at the site shall be performed during regular working hours and Contractor will not permit overtime work or the performance of work on Saturday, Sunday, or any legal holiday without Owner's consent given after prior notice to Engineer. Unless otherwise specified in the General Requirements, Contractor shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. All materials and equipment installed in the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by Engineer, Contractors shall furnish satisfactory evidence (including reports of required tests) as to the quality of materials and equipment. The Contractor shall provide suitable and secure storage for all materials to be used in the Work so that their quality shall not be impaired or injured. Materials that are improperly stored, may be rejected by the Engineer without testing. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise provided in the Contract Documents. 6.3 SUBSTITUTES AND "OR EQUAL" ITEMS Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by Engineer. If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer for approval. If in the Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or equal" item, it may be considered as a proposed substitute item. Contractor shall submit sufficient information as required by the Engineer to allow the Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and is an acceptable substitute therefore. Request for review of proposed substitute and "or equal" will be not be accepted by Engineer from anyone other than Contractor. Request for substitute and "or equal" items by Contractor must be submitted in writing to Engineer and will contain all information as Engineer deems necessary to make a determination. All data provided by Contractor in support of any proposed substitute or "or equal" item will be at Contractor's expense. Engineer will be allowed a reasonable time to evaluate each proposal or submittal made per this paragraph. Engineer will be sole judge of acceptability. 6.4 RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND OTHERS Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers and other persons performing or furnishing any of the work under a SectionIII.doc 12 Revised: 5/ll/2005 SectionIlI.doc 13 Revised: 5/1l/2005 I I I I I I I I I I I I I I I I I I I Section III - General Conditions direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person any contractual relationship between Owner or Engineer and any Subcontractor, Supplier or other person, nor shall it create any obligation on the part of Owner or Engineer to payor to see to the payment of any moneys due any such Subcontractor, Supplier or other person. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers and other persons performing or furnishing any of the work under a direct or indirect contract with Contractor. Contractor shall require all Subcontractors, Suppliers and such other persons performing or furnishing any of the work to communicate with the Engineer through Contractor. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the work among Subcontractors or Suppliers or delineating the work to be performed by any specific trade. All work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Contractor shall not payor employ any Subcontractor, Supplier or other person or organization whether initially or as a substitute, against whom Owner or Engineer may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the work against whom Contractor has reasonable objection. Owner or Engineer will not undertake to settle any differences between Contractor and his Subcontractors or between Subcontractors. 6.5 USE OF PREMISES Contractor shall confine construction equipment, the storage of materials and equipment and the operations of works to the site and land areas identified in and permitted by the Contract Documents on other land areas permitted by Laws and Regulations, right-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceed in or at law. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Engineer, Engineer's Consultant and their officials, directors, employees and agents from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance ofthe Work. During the progress of the Work, Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work or at intervals established by the Engineer, Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction I I I I I I I I I I I I I I I I I I I Section III - General Conditions equipment and machinery and surplus materials. Contractor shall restore to original condition all property not designated for alteration by the Contract Documents. 6.6 LICENSE AND PATENT FEES, ROYALTIES AND TAXES Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Contractor shall pay all sales, consumer, use and other taxes required to be paid by Contractor in accordance with the Laws and Regulations of the State of Florida and other governmental agencies, which are applicable during the performance of the work. 6.7 LAWS AND REGULATIONS Contractor shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. If Contractor performs any work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses and damages caused by or arising out of such work: however, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations to Owner to report and resolve discrepancies as described above. 6.8 PERMITS Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. Contractor shall pay all charges of utility owners for connections to the work, and Owner shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Unless otherwise stated in the Contract Documents, City of Clearwater Building Permit Fees will be waived. SectionlII.doc 14 Revised: 5/11/2005 SectionlII.doc 15 Revised: 5/1112005 I I I I I I I I I I I I I I I I I I I Section III - General Conditions 6.9 SAFETY AND PROTECTION Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: (i) all persons on the work site or who may be affected by the work, (ii) all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site;, and (iii) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. In the event of temporary suspension of the work, or during inclement weather, or whenever Engineer may direct; Contractor shall, and shall cause Subcontractors, to protect carefully the Work and materials against damage or injury from the weather. If, in the opinion of Engineer, any portion of Work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any Subcontractors to so protect the Work, such Work and materials shall be removed and replaced at the expense of Contractor. The Contractor shall initiate and maintain an accident prevention program which shall include, but shall not be limited to the establishment and supervision of programs for the education and training of employees in the recognition, avoidance and prevention of unsafe conditions and acts. Contractor shall provide first aid services and medical care to his employees. The Contractor shall develop and maintain an effective fire protection and prevention program and good housekeeping practices at the site of contract performance throughout all phases of construction, repair, alteration or demolition. Contractor shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. The Engineer may order that the work stop if a condition of immediate danger to Owner's employees, equipment or if property damage exists. This provision shall not shift responsibility or risk of loss for injuries of damage sustained from the Contractor to the Owner, and the Contractor shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of Contract performance. The Contractor shall instruct his employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use. The Contractor shall take the necessary precautions to protect pedestrians and motorists from harm, and to prevent disruptions of such traffic due to construction activity. Contractor shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property and to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property caused, directly or indirectly, in whole or part, by Contractor, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor that the Work is acceptable. 6.10 EMERGENCIES In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, Contractor, with or without special instruction or authorization from Owner or Engineer, is obligated to act to prevent damage, injury or loss. Contractor shall give Engineer I I I I I I I I I I I I I I I I I I I Section III - General Conditions prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.11 DRAWINGS 6.11.1 SHOP DRAWINGS AND SAMPLES Contractor shall submit Shop Drawings to Engineer for review and approval as called for in the Technical Specifications or required by the Engineer. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show Engineer the materials and equipment Contractor proposes to provide and to enable Engineer to review the information. Contractor shall also submit Samples to Engineer for review and approval. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: (i) all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, (ii) all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and (iii) all information relative to Contractor's sole responsibilities in respect to means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. Contractor shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples with the requirements of the Work and the Contract Documents. Each submittal will bear a stamp or specific written indication that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. At the time of submission, Contractor shall give Engineer specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to Engineer for review and approval of each such variation. Engineer's review and approval of Shop Drawings and Samples will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated the Contract Documents. Engineer's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means method, technique, sequence or procedure of construction is specifically and expressly' called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. Contractor shall make corrections required by Engineer, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. Engineer's review and approval of Shop Drawings or Samples shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has in writing called Engineer's attention to each such variation at the time of SectionIII.doc 16 Revised: 5/11/2005 SectionlII.doc 17 Revised: 5/11/2005 I I I I I I I I I I I I I I I I I I I Section III - General Conditions submission and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by the Engineer relieve the Contractor from responsibility for complying with the requirements of paragraph above discussing field measurements by the Contractor. 6.11.2 AS-BUILT DRAWINGS The Contractor shall keep and maintain one set of blueprints, As-Built Drawings, in good order and legible condition to be continuously marked-up at the job site. The Contractor shall mark and annotate neatly and clearly all project conditions, locations, configurations and any other changes or deviations which may vary from the details represented on the original Contract Plans, including revisions made necessary by Addenda, Shop Drawings, and Change Orders during the construction process. The Contractor shall record the horizontal and vertical locations, in the plan and profile, of all buried utilities that differ from the locations indicated or which were not indicated on the Contract Plans and buried (or concealed), construction and utility features which are revealed during the construction period. The As-Built Drawings shall be available for inspection by the Engineer at all times during the progress of the Project. The As-Built Drawings shall be reviewed by the City Inspector for accuracy and compliance with the requirements of "As-Built Drawings" prior to submittal of the monthly pay requests. The pay requests shall be rejected if the marked-up blueline prints do not conform to the "As- Built Drawings" requirements. As-Built Drawings shall be submitted to the City Inspector for approval upon completion of the project and prior to acceptance of final pay request. Prior to placing new potable water mains in service, the Contractor shall provide the Engineer intersection drawings, as specified for the water mains. The City's acceptance of the "As-Built Drawings" does not relieve the Contractor of the sole responsibility for the accuracy and completeness of the As-Built Drawings. 6.11.2.1 General The Contractor/Consultant shall prepare an "AS-BUILT SURVEY" per chapter 61017-6, Florida Administrative Code (see definition below), signed and sealed by a Florida registered land surveyor. Two hard copies of signed and sealed as-builts and an AutoCAD file will be provided for this purpose. Definition: 61017-6.002(8)(a) As-Builts Survey: a survey performed to obtain horizontal and/or vertical dimensional data so that constructed improvements may be located and delineated: also know as Record Survey. This survey shall be clearly titled "As-Built Survey" and shall be signed and sealed by a Florida registered land surveyor. The survey must be delivered to the City of Clearwater Construction Division upon substantial completion of the project. If this condition is not met, the City will procure the services of a Professional Surveyor and Mapper registered in the State of Florida and will back charge the contractor a fee of $1,800 per day or any portion thereof to provide the City with the required As-Built Survey. 6.11.2.2 Sanitary and Storm Sewer Piping Systems 1. Manholes and inlets shall be located by survey coordinates (northing, easting and elevation) based on the approved horizontal and vertical datum or utilize the stationing supplied on the I I I I I I I I I I I I I I I I I I I Section III - General Conditions construction plans. New sanitary service connections and replaced sanitary service connections shall be dimensioned to the nearest downstream manhole. All manholes, cleanouts and catch basin invert and rim elevations, manhole and catch basin dimensions, pipe sizes, and pipe material shall also be noted on the plan view and also on the profile if one exists. 2. Pipe materials and areas of special construction shall be noted. 6.11.2.3 Pressure Pipe construction (Water, Reclaimed Water, Forcemain) All pipes shall be located by survey coordinates (northing, easting and elevation) based on the approved horizontal and vertical datum or utilize the stationing supplied on the construction plans. Coordinates shall be at all pipe bends, tees, valves, reducers, and deflections. Also all new and replaced service connections for potable and reclaimed water will be located as described above. Additionally there must be survey coordinates no further than 100 feet apart on linear type construction and shall denote top of pipe elevation at those points. 6.11.2.4 Electrical and Control Wiring The as-built drawings shall include all changes to the original Contract Plans. The as-built drawings shall also include the size, color, and number of wires and conduit. For projects where this information is too voluminous to be contained on the blue line prints, the Contractor shall prepare supplemental drawings, on same size sheets as the blueline prints, showing the additional conduit runs, I-line diagrams, ladder diagrams, and other information. The wiring schematic diagrams shall show termination location and wiring identification at each point on the ladder diagram. 6.11.2.5 Horizontal and Vertical Control The As-Built survey shall be based on the original datum used for the construction design plans or if required by the City the datum shall be referenced to the North American Datum of 1983/90 (horizontal) and the North American Vertical Datum of 1988. The unit of measurement shall be the United States Foot. Any deviation or use of any other datum, (horizontal and or vertical), must be approved by the City of Clearwater Engineering Department. 6.11.2.6 Standards The As-Built survey shall meet the Minimum Technical Standards per Chapter 61 G 17 and the Clearwater CAD STANDARDS set forth below. In addition to locating all improvements that pertain to the as-built survey it is the requirement of the City to have minimum location points at every change in direction and no more than 100 feet apart on all pressure pipes. 6.11.2.7 Other The As-Built drawings shall reflect any differences from the original Contract Plans, in the same level of detail and units of dimensions as the Plans. SectionIII.doc 18 Revised: 5/1112005 SectionIII.doc 19 Revised: 5/11/2005 I I I I I I I I I I I I I I I I I I I Section III - General Conditions 6.11.3 6.11.3.1 6.11.3.1.1 CAD STANDARDS Layer Naming Prefixes and Suffixes DI prefix denotes digitized or scanned entities EP prefix denotes existing points - field collected EX prefix denotes existing entities - line work and symbols PR prefix denotes proposed entities - line work and symbols FU prefix denotes future entities (proposed but not part of this contract) -line work and symbols TX suffix denotes text - use for all text, no matter the prefix 6.11 3 1 2 . . . a er amlng e 1m Ions: GAS gas lines and appurtenances ELEC power lines and appurtenances PHONE telephone lines and appurtenances CABLE cable TV lines and appurtenances BOC curbs WALK sidewalk WATER water lines and appurtenances, sprinklers STORM storm lines and appurtenances TREES trees, bushes, planters SANITARY sanitary lines and appurtenances FENCE all fences BLDG buildings, sheds, finished floor elevation DRIVE driveways EOP edge of pavement without curbs TRAFFIC signal poles, control boxes TOPBANK top of bank TOESLOPE toe of slope TOPBERM top of berm TOEBERM toe of berm SEAWALL seawall CONCSLAB concrete slabs L N o fi .f I I I I I I I I I I I I I I I I I I I Section III - General Conditions WALL walls, except seawall SHORE shoreline, water elevation CL centerline of road CLD centerline of ditch CLS centerline of swale CORNER property corners, monumentation BENCH benchmark, temporary benchmarks Other layers may be created as required, using above format. 6.11.3.2 Layer Properties All layers will use standard AutoCAD linetypes, bylayer. All layers will use standard AutoCAD colors, bylayer. All text will use standard AutoCAD fonts. 6.11.3.3 Text Styles Text style for EX layers will use the simplex font, oblique angle of 00, and a text height of .008 times the plot scale. Text style for PR and FU layers will use the simplex font, oblique angle of 22.50, and a text height of .010 times the plot scale. 6.11.4 DELlVERABLES: The as-built survey shall be produced on stable based Mylar or vellum material, 24" x 36" at a scale of 1" = 20' unless approved otherwise. The consultant shall deliver all drawing files in digital format with all project data in Land Development Desktop (LDD) R1 or later, including all associated dependent files. When LDD is not available, upon approval by the City of Clearwater Project Manager, a standard ASCII file can be delivered with all associated drawing and dependent files. The ASCII file shall be a comma or space delimited containing code, point number, northing, easting, elevation and description for each data point. Example below space delimited ASCII file: POINT # 284 NORTHING 1361003.838 EASTING 264286.635 ELEV 25.00 DEse BeV or Comma Delimited ASCII File: 284,361003.838,264286.635,25.00, BeV (PNEZD) An AutoCAD Release 2000 drawing or later drawing file shall be submitted. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. SectionIII.doc 20 Revised: 5/11/2005 SectionIlI.doc 21 Revised: 5/11/2005 I I I I I I I I I I I I I I I I I I I Section III - General Conditions Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email address TomMahony@myClearwater.com 6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE Contractor warrants and guarantees to Owner, Engineer and Engineer's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. Contractor's warranty and guarantee hereunder includes defects or damage caused by abuse, vandalism, modification or operation by persons other than Contractor, Subcontractors or Suppliers. Until the acceptance of the Work by the Owner, the Work shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to any part thereof by action of the elements, or from any other cause whatsoever, arising from the execution or non-execution of the Work. The Contractor shall rebuild, repair and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any cause before its completion and final acceptance by the Owner. In addition, "the Contractor shall remedy any defects in the work at his own expense and pay for any damage to other work resulting therefrom which appear within a period of one year from the date of final acceptance". Contractor's warranty and guarantee hereunder excludes improper maintenance and operation by Owner's employees and normal wear and tear under normal usage for any portion of the Work, which has been partially accepted by the Owner for operation prior to final acceptance by the Owner. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: (i) observations by Engineer, (ii) recommendation of any progress or final payment by Engineer, (iii) the issuance of a certificate of Substantial Completion or any payment by Owner to contractor under the Contract Documents, (iv) use or occupancy of the Work or any part thereof by Owner, (v) any acceptance by Owner or any failure to do so, (vi) any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of Acceptance by the Engineer. 6.13 CONTINUING THE WORK Contractor shall carry on the work and adhere to the progress schedule during all disputes or disagreements with Owner. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as Owner or Contractor may otherwise agree in writing. 6.14 INDEMNIFICATION Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of Contractor, any Subcontractor, any Supplier, any person directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or I I I I I I I I I I I I I I I I I I I Section II1- General Conditions omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person. If, through acts of neglect on the part of Contractor, any other Contractor or any Subcontractor shall suffer loss or damage on the work, Contractor shall settle with such other Contractor or Subcontractor by agreement or arbitration if such other Contractor or Subcontractor will so settle. If such other Contractor or Subcontractor shall assert any claim against Owner on such account of any damage alleged to have been sustained, Owner shall notify Contractor, who shall indemnify and save harmless Owner against any such claim. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, or employees by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, any person directly or indirectly employed by any of them to perform or furnish any of the work, or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any such Sub-contractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. The indemnification obligations of Contractor under this paragraph shall not extend to the liability of Engineer and Engineer's Consultants, officers, directors, employees, or agents caused by the professional negligence, errors or omissions of any of them. 7 OTHER WORK 7.1 RELATED WORK AT SITE Owner may perform other work related to the Project at the site by Owner's own forces, or let other direct contracts therefore which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to Contractor prior to starting any such other work, and (ii) Contractor may make a claim therefore if Contractor believes that such performance will involve additional expense to Contractor or requires additional time and the parties are unable to agree as to the amount or extent thereof. Contractor shall afford each other contractor who is a party to such a direct contract and each utility owner (and Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the work with theirs. Unless otherwise provided in the Contract Documents, Contractor shall do all cutting, fitting and patching of the work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. Should the Contractor cause damage to any other contractor on the Project, the contractor agrees, upon due notice, to settle with such contractor by agreement or arbitration, if he will so settle. If such other contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor, who shall defend such SectionIIl.doc 22 Revised: 5/11/2005 SectionIII.doc 23 Revised: 5/1112005 I I I I I I I I I I I I I I I I I I I Section III - General Conditions proceedings at his own expense, and if any judgment against the Owner arises therefrom the Contractor shall payor satisfy the judgment and pay all costs incurred by the Owner. If the proper execution or results of any part of Contractor's work depends upon work performed by others under this Article. Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's work except for latent or nonapparent defects and deficiencies in such other work. 7 .2 COORDINATION If Owner contracts with others for the performance of other work on the Project at the site, the following will be set forth in the Scope of Work: (i) the person who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; (ii) the specific matters to be covered by such authority and responsibility will be itemized; and (iii) the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility in respect of such coordination. 8 OWNERS RESPONSIBiliTY Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. Owner shall furnish the data required of Owner under the Contract Documents promptly and shall make payments to Contractor promptly when they are due as provided in these General Conditions. Owner is obligated to execute Change Orders as indicated in the Article on Changes In The Work. Owner's responsibility in respect of certain inspections, tests, and approvals is set forth in the Article on Tests and Inspections. In connection with Owner's right to stop work or suspend work, see the Article on Engineer may Stop the Work. The Article on Suspension of Work and Termination deals with Owner's right to terminate services of Contractor under certain circumstances. The Owner shall not supervise, direct or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the furnishing or performance of the Work. Owner will not be responsible for Contractor's failure to perform or furnish the Work in accordance with the Contract Documents. 9 ENGINEER'S STATUS DURING CONSTRUCTION 9.1 OWNERS REPRESENTATIVE Engineer will be Owner's representative during the construction period. The duties and the responsibilities and the limitations of authority of Engineer as Owner's representative during I I I I I I I I I I I I I I I I I I I Section III - General Conditions construction are set forth in the Contract Documents and shall not be extended without written consent of Owner and Engineer. 9.2 CLARIFICATIONS AND INTERPRETATIONS Engineer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as Engineer may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on Owner and Contractor. If Contractor believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Time and the parties are unable to agree to the amount or extent thereof, if any, Contractor may make a written claim therefore as provided in the Articles for Change of Work and Change of Contract Time. 9.3 REJECTING OF DEFECTIVE WORK Engineer will have authority to disapprove or reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work whether or not the Work is fabricated, installed or completed. 9.4 SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS In connection with Engineer's authority as to Shop Drawings and Samples, see articles on Shop Drawings and Samples. In connection with Engineer's authority as to Change Orders, see the articles on Changes of Work, Contract Price and Contract Time. In connection with Engineer's authority as to Applications for Payment, see the articles on Payments to Contractor and Completion. 9.5 DECISIONS ON DISPUTES Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder. Claims, disputes and other matters relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the work and Claims under the Articles for Changes of Work, Changes of Contract Time and Changes of C~mtract Price will be referred initially to Engineer in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to Engineer and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to Engineer and the other party within sixty days after the start of such occurrence or event unless Engineer allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to Engineer and the claimant within thirty days after receipt of the claimant's last submittal (unless Engineer allows additional time). Engineer will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. Engineer's written decision on such claim, dispute or other matter will be final and binding upon Owner and Contractor unless (i) an appeal from Engineer's decision is taken within thirty days of the Engineers decision, or the appeal time SectionIII.doc 24 Revised: 5/11/2005 SectionIII.doc 25 Revised: 5/1l/2005 I I I I I I I I I I I I I I I I I I I Section III - General Conditions which may be stated in a Dispute Resolution Agreement between the Owner and Contractor for the settlement of disputes or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from Engineer's written decision is delivered by Owner or Contractor to the other and to Engineer within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by Owner and Contractor. When functioning as interpreter and judge, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by Engineer with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by Owner or Contractor of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant the Article on Dispute Resolution. 9.6 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES Neither Engineer's authority or responsibility under this paragraph or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by Engineer shall create, impose or give rise to any duty owed by Engineer to Contractor, any Subcontractor, any Supplier, any other person or organization or to any surety for or employee or agent of any of them. Engineer will not supervise, direct, control or have authority over or be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the furnishing or performance of the work. Engineer will not be responsible for Contractor's failure to perform or furnish the work in accordance with the Contract Documents. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the work. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by the Contractor will only be to determine generally that their content complies with the requirements of the Contract Documents and, in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with the Contract Documents. The limitations upon authority and responsibility set forth in this paragraph shall also apply to Engineer's Consultants and assistants. 10 CHANGES IN THE WORK Without invalidating the Agreement and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work I I I I I I I I I I I I I I I I I I I Section III - General Conditions involved which will be performed under the applicable conditions of the Contract Documents (except as may otherwise be specifically provided). If Owner and Contractor are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Time that should be allowed as a result of a Work Change Directive, a claim may be made therefore as provided in these General Conditions. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in these General Conditions except in the case of an emergency as provided or in the case of uncovering work as provided in article for Uncovering Work. Owner and Contractor shall execute appropriate Change Orders or Written Amendments recommended by Engineer covering: changes in the work which are (i) ordered by Owner (ii) required because of acceptance of defective work under the article for Acceptance of Defective Work or correcting defective Work under the article for Owner May Correct Defective Work or (iii) agreed to by the parties; changes in the Contract Price or Contract Time which are agreed to by the parties; and changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by Engineer pursuant to the article for Decisions on Disputes; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the progress schedule as provided in the article for Continuing the Work. If notice of any change affecting the general scope of the work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be Contractor's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 11 CHANGES IN THE CONTRACT PRICE 11.1 CHANGES IN THE CONTRACT PRICE The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at Contractor's expense without change in the Contract Price. The Contract Price may only be adjusted by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on a written notice of claim stating the general nature of the claim, to be delivered by the party making the claim to the other party and to Engineer promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the claimed adjustment covers all known amounts to which the claimant is entitled as a result of said occurrence or event. No claim for an adjustment in the Contract Price will be valid if not SectionIII.doc 26 Revised: 5/11/2005 SectionIII.doc 27 Revised: 5/11/2005 I I I I I I I I I I I I I I I I I I I Section III - General Conditions submitted in accordance with this paragraph. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: (i) where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (ii) where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit), (iii) where the Work is not covered by unit prices contained in the Contract Documents and agreement is reached to establish unit prices for the Work. 11.2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to Owner and Engineer. Contractor agrees that: (i) the allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and (ii) Contractor's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included. in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances and all the Work actually performed by the Contractor, and the Contract Price shall be correspondingly adjusted. 11.3 UNIT PRICE WORK Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Owner or Contractor may make a claim for an adjustment in the Contract Price if: (i) the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Contract Documents; and (ii) there is no corresponding adjustment with respect to any other item of Work; and (iii) if Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. On unit price contracts, the Owner endeavors to provide adequate unit quantities to satisfactorily complete the construction of the project. It is expected that in the normal course of project construction and completion that not all unit quantities will be used in their entirety and that a finalizing change order which adjusts contract unit quantities to those unit quantities actually used in the construction of the project will result in a net decrease from the original Contract Price. Such reasonable deduction of final Contract Price should be anticipated by the Contractor in his original bid. I I I I I I I I I I I I I I I I I I I Section III - General Conditions 12 CHANGES IN THE CONTRACT TIME The Contract Time (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Time (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to Engineer promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless Engineer allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time (or Milestones) shall be determined by Engineer. No claim for an adjustment in the Contract Time (or Milestones) will be valid ifnot submitted in accordance with the requirements of this paragraph. All time limits stated in the Contract Documents are of the essence of the Agreement. Where Contractor is prevented from completing any part of the work within the Contract Time (or Milestones) due to delay beyond the control of Contractor, the Contract Time (or Milestones) may be extended in an amount equal to the time lost due to such delay if a claim is made therefore as provided in the article for Changes in the Work. Delays beyond the control of Contractor shall include, but not be limited to, acts by Owner, acts of utility owners or other contractors performing other work as contemplated by the article for Other Work, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. Where Contractor is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both Owner and Contractor, an extension of the Contract Time (or Milestones) in an amount equal to the time lost due to such delay shall be Contractor's sole and exclusive remedy for such delay. In no event shall Owner be liable to Contractor, any Subcontractor, any Supplier, any other person, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of Contractor, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts by utility owners or other contractors performing other work as contemplated by paragraph for Other Work. 13 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 TESTS AND INSPECTION Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. Contractor shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents. The costs for these inspections, tests or approvals shall be borne by the Contractor except as otherwise provided in the Contract Documents. SectionIII.doc 28 Revised: 5/11/2005 SectionIILdoc 29 Revised: 5/11/2005 I I I I I I I I I I I I I I I I I I I Section III - General Conditions If Laws or Regulations of any public body having jurisdiction require any W ork (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body including all City Building Departments and City Utility Departments, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. Unless otherwise stated in the Contract Documents, City permit and impact fees will be waived. Contractor shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation of the Work. If any Work (or the work of others) that is to be inspected tested or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. Uncovering Work as provided in this paragraph shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.2 UNCOVERING THE WORK If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose or otherwise make available for observation, inspection or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price for the costs of the investigation, and, if the parties are unable to agree as to the amount thereof, may make a claim therefore as provided in the article for Change in Contract Price. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, Contractor may make a claim therefore as provided the article for Change in Contract Price and Change of Contract Time. 13.3 ENGINEER MAY STOP THE WORK If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Engineer may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Engineer to stop the Work shall not give rise to any duty on the part of Engineer or Owner to exercise this right for the benefit of Contractor or any surety or other party. If the Engineer stops Work under this paragraph, Contractor shall be entitled to no extension of Contract Time or increase in Contract Price. I I I I I I I I I I I I I I I I I I I Section III - General Conditions 13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK If required by Engineer, Contractor shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by Engineer, remove it from the site and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.5 WARRANTY/CORRECTION PERIOD If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions; (i) correct such defective Work, or, if it has been rejected by Owner, remove it from the site and replace it with Work that is not defective and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected. Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. In special circumstances where a particular item of equipment is placed in continuous service before Final Completion of all the Work, the correction period for that item may start to run from an earlier date if specifically and expressly so provided in the Specifications or by Written Amendment. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 13.6 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses and damages attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness). If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may make a claim therefore as provided in article for Change of Contract Price. If the acceptance occurs after the Engineer's recommendation for final payment an appropriate amount will be paid by Contractor to Owner. 13.7 OWNER MAY CORRECT DEFECTIVE WORK If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance SectionIlI.doc 30 Revised: 5/11/2005 SectionIII.doc 31 Revised: 5/11/2005 I I I I I I I I I I I I I I I I I I I Section III - General Conditions with the article for Correction and Removal of Defective Work or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days' written notice to Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph Owner shall proceed expeditiously. In connection with such corrective and remedial action, Owner may exclude Contractor from all or part of the site, take possession of all or part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the site, and incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's Consultants access to the site to enable Owner to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by Owner in exercising such rights and remedies will be charged against Contractor and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may make a claim therefore as provided in the article for Change of Contract Price. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time (or Milestones) because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 14 PAYMENTS TO CONTRACTOR AND COMPLETION Progress payments on account of Unit Price Work will be based on the number of units completed. 14.1 APPLICATION FOR PROGRESS PAYMENT Contractor shall submit (not more often than once a month) to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the 25th of each month and accompanied by such supporting documentation as is required by the Engineer and the Contract Documents. Unless otherwise stated in the Contract Documents, payment will not be made for materials and equipment not incorporated in the Work. Payment will only be made for that portion of the Work, which is fully installed including all materials, labor and equipment. A retainage of not less than five (5%) of the amount of each Application for Payment for the total of all Work completed to date will be held until final completion and acceptance of the Work covered in the Contract Documents. No progress payment shall be construed to be acceptance of any portion of the Work under contract. In addition to all other payment provisions set out in this contract, the Engineer may require the Contractor to produce for the Owner, within fifteen days of the approval of any progress payment, evidence and/or payment affidavit that all subcontractors and suppliers have been paid any sum or sums then due. A failure on the part of the contractor to provide the report as required herein shall result in further progress or partial payments being withheld until the report is provided. I I I I I I I I I I I I I I I I I I I Section III - General Conditions 14.2 CONTRACTOR'S WARRANTY OF TITLE Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment, free and clear ofliens. No materials or supplies for the Work shall be purchased by Contractor or Subcontractor subject to any chattel mortgage or under a conditional sale contact or other agreement by which an interest is retained by the seller. Contractor warrants that he has good title to all materials and supplies used by him in the Work, free from all liens, claims or encumbrances. Contractor shall indemnify and save Owner harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen, and furnisher's of machinery and parts thereof, equipment, power tools, and all supplies incurred in the furtherance of the performance of this Contract. Contractor shall at Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If Contractor fails to do so, then Owner may, after having served written notice on said Contractor either pay unpaid bills, of which Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to Contractor shall be resumed in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon Owner to the Contractor or the Surety. In paying any unpaid bills of the Contractor, Owner shall be deemed the agent of Contractor and any payment so made by Owner shall be considered as payment made under the Contract by Owner to Contractor, and Owner shall not be liable to Contractor for any such payment made in good faith. 14.3 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS Engineer will within twenty days after receipt of each Application for payment, either indicate a recommendation of payment and present Application to Owner, or return the Application to Contractor indicating Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. Engineer may refuse to recommend the whole or any part of any payment to the Owner. Engineer may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or test, nullify any such payment previously recommended, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: (i) the Work is defective, or completed Work has been damaged requiring correction or replacement, (ii) the Contract Price has been reduced by amendment or Change Order, (iii) Owner has been required to correct defective Work or complete Work, or (iv) Engineer has actual knowledge of the occurrence of any of the events enumerated in the article on Suspension of Work and Termination. Owner may refuse to make payment of the full amount recommended by the Engineer because: (i) claims have been made against Owner on account of Contractor's performance or furnishing of the Work, (ii) Liens have been filed in connection with the Work, except where Contractor has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of such Liens, (iii) there are other items entitling Owner to a set-off against the amount recommended, or (iv) Owner has actual knowledge of any of the events described in this paragraph. The Owner shall give Contractor immediate notice of refusal to pay with a copy to the Engineer, stating the reasons for such actions, and the Owner shall promptly pay Contractor the amount so withheld, SectionIlI.doc 32 Revised: 5/11/2005 SectionIII.doc 33 Revised: 51ll/2005 I I I I I I I I I I I I I I I I I I I Section III - General Conditions or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 14.4 PARTIAL UTILIZATION Use by Owner at Owner's option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) Owner, Engineer and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, may be accomplished prior to Final Completion of all the Work subject to the following: Owner at any time may request Contractor in writing to permit Owner to use any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefore. If Engineer considers that part of the Work to be substantially complete, the provisions of the articles for Substantial Completion and Partial Utilization will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.5 FINAL INSPECTION Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.6 FINAL APPLICATION FOR PAYMENT After Contractor has completed all such corrections to the satisfaction of Engineer and has delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by the paragraph for Bonds and Insurance, certificates of inspection, marked-up record documents as may be required in the Contract Documents and other documents, Contractor may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (I) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by paragraph for Bonds and Insurance, (ii) consent of the surety, if any or if necessary, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, I I I I I I I I I I I I I I I I I I I Section II1- General Conditions services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. Prior to application for final payment, Contractor shall clean and remove from the premises all surplus and discarded materials, rubbish, and temporary structures, and shall restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the Work, and shall leave the Work in a neat and presentable condition. 14.7 FINAL PAYMENT AND ACCEPTANCE If through no fault of Contractor, final completion of the Work is significantly delayed and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for payment and recommendation of Engineer, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph for Bonds and Insurance, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that such payment shall not constitute a waiver of claims. If on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will indicate in writing his recommendation of payment and present the Application to Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of this article. Otherwise, Engineer will return the Application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. If the Application and accompanying documentation are appropriate as to form and substance, Owner shall, within sixty-five days after receipt thereof pay contractor the amount recommended by Engineer. 14.8 WAIVER OF CLAIMS The making and acceptance of final payment will constitute: a waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective Work appearing after final inspection, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and a waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. SectionIIl.doc 34 Revised: 5/11/2005 SectionIII.doc 35 Revised: 5/1l/200S I I I I I I I I I I I I I I I I I I I Section III - General Conditions 15 SUSPENSION OF WORK AND TERMINATION 15.1 OWNER MAY SUSPEND THE WORK At any time and without cause, Engineer may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to Contractor, which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes an approved claim therefore as provided in the articles for Change of Contract Price and Change of Contract Time. 15.2 OWNER MAY TERMINATE Upon the occurrence of anyone or more of the following events; if Contractor persistently fails to perform the work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule as adjusted from time to time); if Contractor disregards Laws and Regulations of any public body having jurisdiction; if Contractor disregards the authority of Engineer; if Contractor otherwise violates in any substantial way any provisions of the Contract Documents; or if the Work to be done under this Contract is abandoned, or if this Contract or any part thereof is sublet, without the previous written consent of Owner, or if the Contract or any claim thereunder is assigned by Contractor otherwise than as herein specified, or at any time Engineer certifies in writing to Owner that the rate of progress of the Work or any part thereof is unsatisfactory or that the work or any part thereof is unnecessarily or unreasonably delayed. Owner may, after giving Contractor (and the surety, if any), seven days' written notice and, to the extent permitted by Laws and Regulations, terminate the services of Contractor, exclude Contractor from the site and take possession of the Work and of all Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by Owner arising out of or resulting from completing the Work such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and when so approved by Engineer incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph Owner shall not be required to obtain the lowest price for the Work performed. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. I I I I I I I I I I I I I I I I I I I Section III - General Conditions Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, elect to terminate the Agreement. In such case, Contractor shall be paid (without duplication of any items): for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and for reasonable expenses directly attributable to termination. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.3 CONTRACTOR MAY STOP WORK OR TERMINATE If, through, no act or fault of Contractor, the Work is suspended for a period of more than ninety days by Owner or under an order of court or other public authority, or Engineer fails to act on any Application for Payment within sixty days after it is submitted or Owner fails for sixty days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days' written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Agreement and recover from Owner payment on the same terms as provided in the article for Owner May Terminate. However, if the Work is suspended under an order of court through no fault of the Owner, the Contractor shall not be entitled to payment except as the Court may direct. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within thirty days after it is submitted, or Owner has failed for thirty days to pay Contractor any sum finally determined to be due, Contractor may upon seven day's written notice to Owner and Engineer stop the Work until payment of all such amounts due Contractor. The provisions of this article are not intended to preclude Contractor from making claim under paragraphs for Change of Contract Price or Change of Contract Time or otherwise for expenses or damage directly attributable to Contractor's stopping Work as permitted by this article. 16 DISPUTE RESOLUTION If and to the extent that Owner and Contractor have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure will proceed. If no such agreement on the method and procedure for resolving such disputes has been reached, subject to the provisions of the article for Decisions on Disputes, Owner and Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute provided, however, that nothing herein shall require a dispute to be submitted to binding arbitration. SectionIlI.doc 36 Revised: 5/1l/2005 SectionIII.doc 37 Revised: 5/1l/2005 I I I I I I I I I I I I I I I I I I I Section III - General Conditions 17 MISCELLANEOUS 17.1 SUBMITTAL AND DOCUMENT FORMS The form of all submittals, notices, change orders and other documents permitted or required to be used or transmitted under the Contract Documents shall be determined by the Engineer subject to the approval of the Owner. 17.2 GIVING NOTICE Whenever any provision of the Contract Documents requires the giving of written notice, notice will be deemed to have been validly given if delivered in person to the individual or to a member of the ftrm or to an offtcer of the corporation for whom it is intended, or if delivered or sent by registered or certifted mail, postage prepaid, to the last business address known to the giver of the notice. 17.3 NOTICE OF CLAIM Should Owner or Contractor suffer injury or damage to person or property because of any error, omission or any act of the other party or of any of the other party's offtcers, employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the ftrst observance of such injury or damage. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED Whenever reference is made to "claims, costs, losses and damages," the phrase shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or other dispute resolution costs. 17.5 ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any rights thereunder without the approval of the Owner, nor without the consent of surety unless the surety has waived its rights to notice of assignment. 17.6 RENEWAL OPTION Annual Contracts issued through Public Works Administration may be renewed for up to two (2) years, upon mutual consent of both the City and the ContractorN endor. All terms, conditions and unit prices shall remain constant unless otherwise specifted in the contract speciftcations or in the Invitation to bid. Renewals shall be made at the sole discretion of the City, and must be agreed to in writing by both parties. All renewals are contingent upon the availability of funds, and the satisfactory performance of the Contractor as determined by Public Works Administration. I I I I I I I I I I I I I I I I I I I SECTION IV TECHNICAL SPECIFICATIONS I I I I I I I I I I I I I I I I I I I Section IV - Technical Specifications Section 580 - Landscape Installation 54.0 Landscape Maintenance Specifications 1 2&3 4&5 5 5 5 6 6thru9 10 thru 24 1. Scope of Work Scope of Work Checklist 3. Definition of Terms 4. Order and Location ofthe Work 9. Obstructions 11. Work in Easements or Parkways 17. Unsuitable Material Removal I I I I I I I I I I I I I I I I I I I SCOPE OF WORK Project Name: Project Number: Scope of Work: Drew Street and U.S. 19 Over:pass Landscape Improvements 05-0004-EN Providing all labor, materials, equipment, supervision, maintenance of traffic and erosion control, transportation and other services necessary to install landscaping and irrigation according to the plans and specifications, including a one year warranty period for all plant materials and irrigation components, including the required bonding. Contractor will be responsible for maintenance for a period of one year. A bond for Landscape Maintenance shall be supplied by the successful contractor for the total amount of Annual Landscape Maintenance. Conflict between plans and specifications: Whenever a conflict appears between the plans and specifications, the more stringent requirement shall apply. If a conflict is of such a nature as to require a decision, then a written request for clarification must be made prior to starting that phase of construction. Erosion Control Plan: see DOT approved Erosion Control Plan. Maintenance of Traffic Plan: see DOT approved plan. 1 I I I I I I I, I I I I I I I I I I I I SCOPE OF WORK CHECKLIST Project Name: Drew S1. & U.S. 19 Overpass Landscape Improvements Project Number: 05-0004-EN The following Articles of the Technical Specifications will apply to this contract if marked "X" as shown below: 1 ~ Scope Of Work 2.1 Line, Grade And Record Drawings - by Contractor 2.2 Line, Grade And Record Drawings - by City 3 )< Definition Of Terms 4 )< Order And Location Of The Work 5 Excavation For Underground Work 6 Concrete 7 Excavation And Forms For Concrete Work 8 Reinforcement 9 ~ Obstructions 10 Restoration Or Replacement Of Driveways, Curbs, Sidewalks And Street Pavement 11 [5( Work In Easements Or Parkways 12 Dewatering 13 Sanitary Manholes 14 Backfill 15 Street Crossings, Etc. 16 Raising Or Lowering Of Sanitary Sewer, Storm Drainage Structures 17 ~ Unsuitable Material Removal 18 Underdrains 19 Storm Sewers 20 Sanitary Sewers And Force Mains 21 Drainage 22 Roadway Base And Sub grade 23 Asphaltic Concrete Materials 24 Adjustment To The Unit Bid Price For Asphalt 25 [X FDOT Planting Specifications 26 Hdpe Deformed - Reformed Pipe Lining 27 Plant Mix Driveways 28 Reporting Of Tonnage Of Recycled Materials 29 Concrete Curbs 30 Concrete Sidewalks And Driveways 31 Sodding 32 Seeding 33 Storm Manholes, Inlets, Catch Basins Or Other Storm Structures 34 Material Used 35 Conflict Between Plans And Specifications 36 Street Signs 37.1 AudioNideo Tape Of Work Areas - by City 37.2 D AudioNideo Tape Of Work Areas - by Contractor 2 I I I I I I I I I I I I I I I I I I I 38 Erosion And Siltation Control 39 Utility Tie In Location Marking 40 Award Of Contract, Work Schedule And Guarantee 41 Water Mains and Appurtenances 42 Gas System Specifications 43 Tennis Courts 44 Work Zone Traffic Control 45 Cured-In-Place Pipe Lining 46 Specifications for Polyethylene Slip lining 47 Specifications for Polyvinyl Chloride Ribbed Pipe 48 Gunite Specifications 49 Sanitary and Storm Manhole Liner Restoration 50 Proiect Information Signs 51 In-Line Skating Surfacing System 52.1 Resident Notification of Start of Construction - by City 52.2 Resident Notification of Start of Construction - by Contractor 53 Gabions and Mattresses 54 5< Maintenance Specifications ** See Parks & Rec. Grounds Maintenance Spec. 55 Milling Operations 56 Clearing and Grubbing 57 Riprap 58 Treatment Plant Safety 59 Traffic Signal Equipment and Materials 60 Signing And Marking 61 Roadway Lighting 62 Tree Protection 63 Project Web Pages TIME: ~ DAYS 3 I I I I I I I I I 'I I I I I I I I I I 3 DEFINITION OF TERMS For the purpose of these Technical Specifications the following definition ofterms shall apply: City City of Clearwater, Pinellas County, FL. Engineer The City Engineer of the City of Clearwater, Pinellas County, Florida, or his authorized representative. Contractor The person, firm or corporation with whom this contract or agreement has been made by the City of Clearwater or its duly authorized representative. Inspector An authorized representative ofthe City Engineer of Clearwater, assigned to make official inspections of the material furnished and the work performed by the Contractor. FD. O. T. The Standard Specifications for Road and Bridge Construction as Specifications issued by the Florida Department of Transportation (latest English edition). A.A.S.H.T.o. American Association of State Highway and Transportation Officials. A.WS. American Welding Society A.S.T.M American Society for Testing Materials A.S.A. American Standards Association A.N.S.l American National Standards Institute A.WWA. American Water Works Association o.S.H.A. Occupational Safety & Health Administration A.C.l American Concrete Institute Representative of Contractor The Contractor shall assign a responsible person or persons, one of whom shall be at the construction site at all times that work is progressing. The names and positions of these persons shall be submitted to the City Engineer at the time of the pre-construction conference. This person or persons shall not be changed without written approval of City Engineer. 4 I I I I I I I I I I I I I I I I I I I Estimated Quantities The Contractor's attention is called to the fact that the estimate of quantities as shown on the Proposal Sheet is approximate and is given only as a basis of calculation upon which the award of the contract is to be made. The City does not assume any responsibility that the final quantities will remain in strict accordance with estimated quantities nor shall the contractor plead misunderstandings or deception because of such estimate of quantities or of the character or location ofthe work or of other conditions or situations pertaining thereto. 4 ORDER AND LOCATION OF THE WORK The City reserves the right to accept and use any portion ofthe work whenever it is considered to the public interest to do so. The Engineer shall have the power to direct on what line or street the Contractor shall work and order thereof. 9 OBSTRUCTIONS Any pipes, conduits, wires, mains, footings, driveways, or other structures encountered shall be carefully protected from injury or displacement. Any damage thereto shall be fully, promptly, and properly repaired by the Contractor to the satisfaction ofthe Engineer and the owner thereof. Should it become necessary to change the position of water or gas or other pipes, sewer drains, or poles, the Engineer shall be at once notified of the locality and circumstances, and no claims for damages arising from the delay in adjusting the pipe, sewer drains or poles shall be made. Failure ofthe plans to show the location, nature or extent of any existing structures or obstructions shall not be the basis of a claim for extra work. Any survey monument or benchmark which must be disturbed shall be carefully referenced before removal, and unless otherwise provided for, shall be replaced upon completion ofthe work by a registered land surveyor. Any concrete removed due to construction requirements shall be removed to the nearest expansion joint or by saw cut. Contractor shall consult Inspector for the approved means. 11 WORK IN EASEMENTS OR PARKWAYS Restoration is an important-phase of construction, particularly to residents affected by the construction progress. The Contractor will be expected to complete restoration Activities within a reasonable time following primary construction activity. Failure by the Contractor to accomplish restoration within a reasonable time shall be justification for a temporary stop on primary construction activity or a delay in approval of partial payment requests. Reasonable care shall be taken for existing shrubbery. Contractor shall replace all shrubbery removed or disturbed during construction. No separate payment shall be made for this work. The contractor shall make provision and be responsible for the supply of all water, if needed, on any and all phases of the contract work. The contractor shall not obtain water from local residents or businesses except as the contractor shall obtain written permission. Reuse water is available for the Contractor's use without charge from the City's wastewater treatment plants, provided the water is used on City of Clearwater contractual work. Details for Contractor to obtain and reuse water from the treatment plants will be coordinated at the pre- construction conference. The Contractor's use of reuse water must conform to all regulatory requirements. 5 I I I I I I I I I I I I I I I I I I I 17 UNSUITABLE MATERIAL REMOVAL All unsuitable material, such as muck, clay, rock, etc., shall be excavated and removed from the site. All material removed is property of the Contractor, who shall dispose of said material off- site at his expense. The limits of the excavation shall either be shown on the plans, or determined in the field by the Engineer in conjunction with the City's Materials Tester. 17.1 BASIS OF MEASUREMENT The basis of measurement shall be the amount of cubic yards of unsuitable material excavated and replaced with suitable material as determined by either cross sections ofthe excavation, truck measure, or lump sum as specified in the Scope of Work and Contract Proposal. 17.2 BASIS OF PAYMENT The unit price for the removal of unsuitable material shall include: all materials, equipment, tools, labor, disposal, hauling, excavating, dredging, placing, compaction, dressing surface and incidentals necessary to complete the work. Ifno pay item is given, the removal of unsuitable material shall be included in the most appropriate bid item. 25 580 LANDSCAPE INSTALLATION. (REV 6-23-03) (FA 6-24-03) (1-04) SECTION 580 (pages 670-675) is deleted and the following substituted: SECTION 580 LANDSCAPE INSTALLATION 580-1 Description. Install, establish and maintain landscaping as indicated in the Contract Documents. 580-2 Materials. 580-2.1 Plants: 580-2.1.1 Grade Standards and Conformity with Type and Species: Only use nursery grown plant materials purchased from Florida based Nurseryman Stock that comply with all required inspection, grading standards, and plant regulations in accordance with the latest edition of the Florida Department of Agriculture's "Grades and Standards for Nursery Plants." Unless otherwise specified, minimum grade for all plants is Florida No. 1 or better. All plants must be the specified size and grade at the time of delivery to the site and the minimum grade maintained throughout the project construction period and plant establishment period. Use only plants that are true to type and species and ensure that the plants not specifically covered by Florida Department of Agriculture's "Grades and Standards for Nursery Plants" conform in type and species with the standards and designations in general acceptance by Florida nurseries. Prior to planting, furnish certification to the Engineer that all plant materials have been purchased from Florida based Nurseryman Stock. A minimum of two plants of each species on each shipment must be shipped with tags stating the botanical nomenclature and common name of the plant. Should discrepancies between botanical nomenclature and common name arise, the botanical name will take precedence. 6 I I I I I I I I I I I I I I I I I I I 580-2.1.2 Inspection and Transporting: Move nursery stock in accordance with all federal and state regulations and accompany each shipment with the required inspection certificates for filing with the Engineer. 580-2.2 Water: Meet the requirements of Section 983. 580-2.3 Mulching: Use of Cypress Mulch prohibited. 580-3 Planting Requirements. 580-3.1 Delivery: All materials must be available for inspection before installation and will be subject to approval or rejection. 580-3.2 Layout: Mark proposed planting beds and individual locations of trees and palms as shown in the Contract Documents for Engineer's review, prior to excavation or planting. The Engineer may request to review all proposed construction and maintenance practices before the start of the operations. Make no changes to the layout, materials or any variations of plant materials from the Contract Documents without the Engineer's written approval. 580-3.3 Soil Drainage: All planting holes and beds must drain sufficiently prior to installing any plants. Immediately notify the Engineer of drainage or percolation problems before plant installation. 580-3.4 Installation of Plants: For installation ofthe plants as identified in the Contract Documents, comply with the requirements ofthe Design Standards, Index 544. Personnel performing these services are under the sole responsibility and supervision of the Contractor and must be competent, experienced, and skilled in all aspects of the required landscape installation and establishment practices. 580-3.5 Contractor's Responsibility for Condition of the Plantings: Begin maintenance of all plants immediately after each planting. Keep all plants watered, fertilized, mulched, pruned, and staked and guyed as necessary to assure specified minimum grade of Florida No.1 throughout the duration of the project construction period and establishment period. During the establishment period, keep the individual planting locations and planting beds free of litter and undesirable vegetation. Ensure that the plants are maintained so that they are healthy, vigorous, and undamaged throughout the duration of the project construction period and establishment period. For the duration of the establishment period, operate and maintain in good operating condition, all components of any irrigation system installed in compliance with the Contract Documents. During the establishment period, replace any plants that fall below specified minimum grade. Use replacement plants of the same species, size and planting medium as the plant being replaced and as specified in the Contract Documents. 580-3.6 Inspection Requirements. Certify monthly on a form provided by the Department that the plants have been installed and are being maintained per Contract Documents. A Registered Landscape Architect acting as the Contractor's Landscape Quality Control representative will oversee the establishment period. 7 I I I I I I I I I I I I I I I I I I I The Contractor's Landscape Quality Control representative must perform quarterly inspections of planting areas and submit findings in report form to the Department. Information to be included in inspection report from the Contractor's Quality Control representative must include as a minimum the following: Date of inspection Description of project Location of inspection Weather conditions Condition of plants - identify by species, location, and number of plants that are no longer the specified minimum. Condition of planting beds (including mulching, mowing, weeding, fertilizing, watering, and staking and guying), if applicable Other comments Signature and seal of Contractor's Landscape QC representative Submit the certified inspection report to the Engineer within seven calendar days after performing the inspection. Any corrections to the inspection report must be revised/corrected and resubmitted within three calendar days after notification by the Engineer. Any deficiencies noted on the inspection report must be corrected within ten days of notification from the Department. Periodic, random verifications will be performed by the Department to ensure the quality of the plants and correctness of the certified landscape inspection report. Any unresolved disputes that arise between the QC reporting and the verifications performed by the Department will be referred to the Statewide Disputes Review Board. 580-4 Disposal of Surplus Materials and Debris. Remove from the jobsite any surplus excavated material from plant holes unless otherwise directed by the Engineer. Surplus is defined as material not needed after installation of plants per Contract Documents. Upon commencement ofthe plant installation, remove daily all landscape installation debris from the landscape locations described in the Contract Documents. Remove all excess staking and guying materials from the jobsite. 580-5 Plant Establishment Period and Contractor's Warranty. Take responsibility for the proper maintenance, survival and condition of all plants for a period of one year after final acceptance in accordance with 5-11. Notify the Engineer upon completion of installation of all plants. Mowing as part of the landscape work will be identified in the Contract Documents. Continue any mowing of the landscape areas specified in the Contract Documents throughout the establishment period. Provide a Warranty/Maintenance Bond to the Department in the amount of the total sums bid for all landscape items as evidence of warranty during this plant establishment period. The cost of the bond will not be paid separately, but will be included in the costs of other bid items. 8 I I I I I I I I I I I I I I I I I I I In addition to satisfying the provisions of Section 287.0935, Florida Statutes, the bonding company is required to have an A.M. Best rating of "A" or better. If the bonding company drops below the "A" rating during the Warranty/Maintenance Bond period, provide a new Warranty/Maintenance Bond for the balance of the establishment period from a bonding company with an "A" or better rating. In such event, all costs of the premium for the new Warranty/Maintenance Bond will be at the Contractor's expense. The Engineer may conduct interim inspections of all landscape items during the plant establishment period, as well as at the end of the plant establishment period. As part of the warranty to the Department, and at no cost to the Department, replace all plants found not to meet minimum specifications as shown in 580-2.1.1 and 580-3.5 within ten days after each inspection. Prior to the end of the establishment period, remove all staking and guying from the project. At the end of the establishment period, the Engineer will release the Contractor from further warranty work and responsibility provided all plants are established and all previous warranty and remedial work, if any, has been completed to the satisfaction of the Engineer. 580-6 Method of Measurement. The quantities to be paid will be the items shown in the Contract Documents, completed and accepted. 580-7 Basis of Payment. Prices and payments will be full compensation for all work and materials specified in this Section. 9 I I I I I I I I I I I I I I 'I I I I I 54.0. LANDSCAPE MAINTENANCE SPECIFICATIONS 54.1. SCOPE: Work under this contract shall include the furnishing of all labor, material, equipment, supervision, transportation and other services necessary to do the landscape maintenance at the designated area as specified herein including but not limited to: mowing, edging, and trimming of lawns; removing trash, clippings and debris from landscape and lawn areas; maintenance of plant beds and landscape materials; and, the cleaning of hard surfaces at designated areas in the City of Clearwater. During and at the end of the maintenance period, all plant material shall be in a healthy, growing condition equal to or better than at the beginning of the maintenance period. The Contractor is to work with the Clearwater Parks and Recreation Department in coordinating maintenance activities and reporting irregularities in the work zone. 54.2. SCHEDULING OF WORK A. The Contractor shall accomplish all lawn maintenance required under the contract between the hours of 7 a.m. and 7 p.m., Monday through Saturday, excluding observed holidays. The Parks and Recreation Department may grant, on an individual basis, permission to perform contract maintenance at other hours. B. All work shall be completed in a continuous manner, whereby the weeding, mowing, edging, trimming, etc., be completed before leaving the job site. 54.3. WORK METHODS A. Maintenance Scheduline:: The Contractor will adhere to a work schedule provided by the City (page 19, section 3.4 A). An authorized representative of the other party must approve any variations to that schedule, requested by either party, either verbally or in writing. B. Work Procedures per Service Visit: The Contractor shall provide the following service at each scheduled visit to the designated location. C. LITTER REMOVAL: 1. Remove trash and debris from the site area to be maintained. Proper disposal of collected trash and debris is a requirement of the Contractor. During each scheduled maintenance visit, cleaning of the entire grounds shall be performed as part of regular maintenance, including all ofthe following items: All paper, trash, leaves, twigs, branches, dead plants, trimmings, pruning and other objectionable materials shall be picked up and removed from all landscape areas as well as adjacent parking lots, driveways, underside of bridges, pedestrian bridge, sidewalks and entrances within the site limits. Remove all debris, which accumulates in the comers of the parking lots and besides parking stops. Remove all broken glass that is present in parking lot and on walkways, curbs, or other hard surfaces. All sand, gravel, and soils shall be thoroughly cleaned, swept or blown off of all pavements adj acent to maintenance areas and disposed of properly off site. Cigarette 10 I I I I I I I I I I I I I I I I I I I butts, loose paper and other bits of small debris will be picked up after sweeping areas and disposed of properly. 2. The Contractor shall not allow landscape debris and trash to accumulate in any area. All parking lots shall be cleaned of debris on each service event, when a minimal number of cars are parked in the lots. All waste materials generated by the Contractor's operations will be disposed of properly off-site. Under no circumstances will trash or debris be swept in or disposed of in catch basins, drainpipes, storm drains or open culverts of storm sewers. 3. Extraordinary amounts of debris caused by hurricanes, tornadoes, vandalism, special events or roadside dumping will not be the responsibility of the Contractor and may be requested by the City as additional services. The Contractor should report such accumulations of debris, when encountered. Quotations for the extraordinary cleanup from the Contractor will be considered. D. TURF MAINTENANCE: 1. Lawn mower blades shall be clean and kept sharp as well adjusted to provide a clean cut. No more than one-third (1/3) of the total grass blade shall be removed per mowing, while cutting grass too closely (scalping) shall be avoided. Mowing patterns shall be changed regularly to avoid rutting. Use small mowers for difficult or tight areas where larger commercial mowing units cannot maneuver. 2. Turf areas shall be maintained at the appropriate height indicated below: TURFGRASS St. Augustine Bahia MOWING HEIGHT Three (3) to four (4) inches* Three (3) to four (4) inches* *Higher cutting heights to be used during dry conditions 3. Mowing shall be done optimally when the grass is dry; however, mowing wet turf is acceptable. Bagging is not required, and grass clippings can be left on the grass so long as no readily visible clumps remain on the grass surface after mowing. If clippings are excessive or diseased, they shall be removed after mowing to enhance overall turf appearance and to prevent matting, clumping and thatch buildup. In the case of fungal disease outbreaks, clippings will be collected and disposed off site until the disease is controlled. 4. The Contractor will clean all clippings, dirt and debris from sidewalks, curbs, and roadways after mowing and/or edging. Mowers should not direct discharge into the street or landscape beds, unless unavoidable. Approved deflector chutes must be attached on the discharge points ofthe mower. Clippings, dirt, and debris will not be swept, blown or otherwise disposed of in any landscaped bed areas, roadways, sewer drains, catch basins, drain pipes, storm drains or open culverts of storm sewers. The final appearance after mowing shall present a neat appearance. 5. In the event that the turf becomes sparse or barren due to neglect by the Contractor, the Contractor shall repair or replace sod to meet its previous healthy condition at no 11 I I I I I I I I I I I I I I I I I I I additional cost to the City of Clearwater. Turf areas shall be kept at all times as green and healthy as possible, while maintaining a high level of appearance. 6. Care shall be taken with mowing equipment to avoid obstructions such as trees, shrubs, utility boxes, signage, buildings, etc. Contractor shall be responsible for damage caused by its operations. 7. All seeding or sodding not required by this Specification, which may result in an additional charge to the contract, must be approved by the City of Clearwater in writing. St. Augustine turf areas shall not be overseeded with rye grass. 8. Turf edging: shall be performed with a blade at the same frequency as mowing and shall include walks, drives, curbs, planting bed perimeters and tree rings. String trimming is not to be performed against the base of any tree or shrub. Isolated trees and shrubs growing in lawn areas require a mulched buffer area around the base of the plant to avoid bark injury from mowers and to reduce root competition from turfgrass (minimum one (1) foot radius from edge of trunk or shrub drip line). Grass adjacent to all valve boxes and quick couplers shall be trimmed to maintain a clean appearance. Grass adjacent to structures, poles, etc. that cannot be serviced by standard mowing procedures, shall be regularly trimmed using a line trimmer to eliminate uneven edges or a herbicide may be used to create a buffer around infrastructure. Herbicides shall not be used as an "edger" adjacent to walks and curbs, but may be used around shrubs and trees by a certified applicator with the written approval of the City of Clearwater. E. TREE MAINTENANCE: 1. Minor tree pruning shall be performed as needed throughout the year and is limited to pruning below fifteen (15) feet in height to remove all dead and damaged limbs, crossing branches and to maintain their natural shape and form without removing more than 25% of canopy within one given year. All pruning shall be done as needed, with prior City approval, to encourage normal growth habit and form, maintain a pleasing natural appearance and to prevent obstruction of curbs, sidewalks, parking areas, roadways, street lights and signs, unless otherwise directed by the City of Clearwater. Trees shall not be pruned into topiary forms unless specifically required by the City. Trees will be pruned as necessary to develop proper branching and to remove any dead or damaged branches. All sucker growth, defined as shoots that sprout out around the base of a tree trunk, shall be removed with hand shears, providing care not to damage the trunk. Sucker growth shall be removed from all multi-trunk and standard trees (single-trunk), such as oleander, wax- leaf ligustrum, wax myrtle, weeping yaupon holly and crepe myrtle. No herbicides will be used for this purpose. 2. Ligustrum Trees, if present, should be kept elevated as to where the bottom of the canopy is clear and eight (8) feet from the ground surface, especially adjacent to all pedestrian accesses. Sucker growth should be kept off the trunk system as to maintain the clear multi-trunk appearance (vase-shaped). Canopy top growth should not be sheared, but occasional pruning of long shoots may be necessary to maintain the "mushroom" shape that is desired. 12 I I I I I I I I I I I I I I I I I I I 3. Major tree pruning above fifteen (15) feet in height will be additional work to the Contract as requested by the City of Clearwater. The Contractor shall provide a written proposal and cost estimate to the City for approval and authorization prior to commencement ofthe work, or the City may elect to take a minimum of three (3) bids for the work. Major tree pruning operations will be done between mid-November and mid- December. Ifwork is not complete by the end of December, tree pruning will continue during the winter months and be completed by the end of February. No trees will be pruned during or immediately following growth flushes. 4. All plant materials should be pruned in a manner that promotes the natural shape and mature size of the tree species. All pruning cuts shall be made with sharp pruning tools and shall be pruned just outside the branch collar. Pruning techniques will be used to maintain proper balance of foliage, such as subordinate and selective cuts. Pruning paint shall not be applied. Trees shall not be pollard nor shall the central leader be removed. 5. The Contractor shall remove all trimmings from the site on the same day that the work is done and disposed of properly. Work site shall be left in a clean and neat appearance at the end of each workday. 6. The Contractor shall exercise care during pruning to ensure that branches or trimmings do not endanger pedestrians, traffic or cause damage to property. Any damage resulting from the Contractor's negligence shall be repaired or replaced at equal value at no cost to the City within five (5) working days. 7. Storm Damage: In the event an extraordinary amount of debris caused by severe storm damage, hurricanes, tornadoes or vandalism, clean up and removal of all fallen or broken trees / branches shall be the responsibility of the City of Clearwater. The Contractor shall notify the City of any large amounts of debris. The City may request a price quotation from the Contractor for the clean up. F. SHRUB AND GROUNDCOVER MAINTENANCE: 1. Definitions: Pruning is the selective elimination of branches to maintain or improve the size or shape of a plant. Trimming, as defined for shrubs and ground cover, is cutting of the overall tips of a plant to give a smooth, squared, hedge-like appearance. The growth characteristics of some plant species require pruning; others require trimming to look their best. All plant materials shall be maintained in a neat, well-manicured fashion at all times. 2. All shrubs and ground covers shall be pruned to maintain the suitable size and character ofthe plant. No shrubs or groundcovers shall be allowed to grow above the Florida Department of Transportation (FDOT) "Clear Sight Window" Criteria when in sight visibility triangle. 3. Plants that have a natural "unpruned" form should be selectively pruned, except for removal of dead or damaged branches and leaves or to maintain a certain height required by the plant material usage. These shrubs will be pruned with hand shears as needed to provide an informal shape, fullness and bloom. Examples of these types of plants are parson's juniper, bird-of-paradise, crinum lily, cardboard palm, king sago, heavenly 13 I I I I I I I I I I I I I I I I I I I bamboo, split-leaf philodendron, red fountain grass and schefflera. 4. Plants used as linear hedges or borders should be trimmed squarely with top of hedge slightly narrower than the bottom to facilitate exposure to sun and prevent heavy shading of lower foliage. Use a "rounding" method when the hedge forms the bordering edge of a serpentine bed design, in which case round only vertical faces of border. As new foliage fills in, remove excessively long branches to encourage fullness and good shape. Examples of these types of plants are pittosporum, podocarpus, silverthorn, oleander, boxthorn, viburnum and Indian hawthorn. 5. Groundcover species shall be confined within the perimeter of the planting bed and shall be maintained from building structures (12" minimum). Supplemental top shearing may be required to present a neat appearance. In addition to, all climbing vine-like groundcovers shall not climb up through other plant species within planting bed or structures, unless specified by the City of Clearwater. Examples of groundcover types include confederate jasmine, lantana, liriope, Aztec grass, ivy and mondo grass. 6. During the growing season (March-October), all high maintenance shrubs and groundcovers shall be trimmed once every two (2) weeks; all low maintenance shrubs and groundcovers will be trimmed as needed (usually once every four (4) to six (6) weeks). During the winter season (November-February) all shrubs and groundcovers shall be trimmed as needed to maintain a neat appearance. Ornamental grass species shall be renewal pruned down to 6-12" in height in late February each year. 7. Do not trim or shear shrubs into topiary forms unless specifically requested by the City. Allow shrubs to form a dense mass of plants at the height determined by the City of Clearwater. G. WEED CONTROL IN LANDSCAPED AREAS: 1. The landscape Contractor (or designee) shall monitor the landscape for weeds at each scheduled service visit per the criteria as set forth in this document. All planting beds and tree rings are to be kept weed-free throughout the year to avoid competition with desirable plants for water and fertilizer, as well as to enhance the appearance of the overall design. 2. Undesirable weed species shall be removed by hand or through chemical applications using those products according to manufacturer's recommendations and label instructions. Chemical products such as a selective, non-selective or a pre-emergent may be used approved by the Environmental Protection Agency for weed control with the City of Clearwater's approval. Approved herbicide treatment shall be applied by an experienced applicator under the direct supervision of a licensed, certified pest control professional. 3. Weeds, which have been chemically treated, shall be removed from the landscape after overall plant color quality has changed from green to yellow. Should these chemicals damage any desirable plant material, including sod, the Contractor at no cost to the City of Clearwater shall immediately replace the same size, quantity and quality of plants. 4. "Volunteers", invasive plants and trees which germinated from seeds dropped by birds or spread by wind in a planting bed and are not of the same species, shall be declared and 14 I I I I I I I I I I I I I I I I I I I removed like a weed, including the roots through treatment or hand removal methods. 5. Weeds on hardscapes such as walkways, permanent and temporary parking lots, adjacent public and private roadways, pavement cracks and any other paved areas, including rights-of-way and adjacent work areas within the contract limits, shall be removed by hand or chemically killed and removed with each service. 6. All weeds shall be removed from landscape beds and properly disposed from the site, on the same day by the Contractor. H. FERTILIZATION PROGRAM: 1. Fertilizer shall be adjusted for specific planting areas within the landscape with ratios and number of applications appropriate for that species requirement. 2. Fertilizer shall be applied when the leaves are dry and shall be properly and thoroughly watered-in after application. After fertilization, all plant materials must be thoroughly watered with a minimum of 1/4 inch of water applied by the Contractor. Fertilization operations must be scheduled with the City. 3. All granular fertilizer is to be evenly distributed by a handheld mechanical broadcast spreader or by a hand propelled broadcast spreader with no fertilizer to remain on leaves or branches of plant material. 4. Fertilizer shall not be applied during windy weather conditions. 5. Fertilizer shall be collected and removed from all paved surfaces and back into planting beds or lawns following application to avoid staining deposits of iron. 6. At least once per every twelve (12) months in January, and as directed by the City, the Contractor shall obtain soil samples to be analyzed by an approved laboratory to evaluate soil conditions. 7. Nutrient deficiencies shall be treated with supplemental applications of the specific lacking nutrients or elements according to University of Florida Cooperative Extension Service recommendations. The Contractor shall provide in writing a curative treatment program and price quotation for the City's approval prior to application. 8. The Contractor at no cost to the City shall replace plant materials damaged or burned by more than 40% by improper fertilization procedures, in equal value. 9. Turf a. Contractor to provide separate cost for turf fertilization and chemical treatment program not in the scope of this contract. b. The Contractor shall inspect lawn areas each visit for indications of weak turf. Any brown or questionable-looking areas of grass shall be treated accordingly and/or replaced with healthy turf immediately at no cost to the City. 15 I I I I I I I I I I I I I I I I I I I c. The Contractor shall be responsible for regularly scheduled fertilizer applications on all grassed areas. All turf areas shall be fertilized three (3) times per year in February/March, May/June, and September/October. d. A complete fertilizer shall be applied on St. Augustine grass at the rate of one (1) pound of nitrogen per one thousand (1,000) square feet. Fertilizer shall be commercial grade, mixed granules, with 30%- 50% of the nitrogen being in slow or controlled release form. The ratio of nitrogen to potash will be 1: 1 for complete fertilizer formulations. Phosphorus shall be no more than 1/4 the nitrogen level. They shall also contain magnesium and micronutrients (i.e. manganese, iron, zinc, copper, etc.). Iron (3%) shall be applied in granular form only. e. Fertilizers shall be applied at a rate of one (1) pound of nitrogen per 1000 square feet, calculated by dividing the percent nitrogen into 100. For example, if a 16-4-8 fertilizer is used, then 16 is divided into 100 = 6.25 pounds of 16-4:-8 to be spread over 1000 square feet of lawn area 10. Trees In Turf Areas a. Established trees (palms not included) and shrubs exposed to lawn fertilization will not receive an additional fertilizer supplement. Fertilizer applied to trees planted in landscape beds shall be broadcast over the entire plant bed past the "drip line" ofthe tree's canopy. 11. Palms a. Palms trees (except Sabal palms) shall be fertilized every 3 months or four (4) times per year in January, April, July and October 2N-1P-3K-1Mg ratio fertilizers that include micronutrients (e.g. 8-4-12-4 or 8-2-12-4). Nitrogen (N), Potassium (K) and Magnesium (Mg) should be in a 100% controlled release form. Apply the granular fertilizer product at a rate of 1.5# of actual fertilizer (!lQ1.W per 1 ooti. Fertilizers should be broadcast under the canopy of the palm, but should not be placed up against the trunk. b. Palms shall be closely monitored for any sign of nutritional deficiency, especially concerning the following elements: nitrogen, potassium, magnesium, manganese and iron. Palms shall be closely monitored for any sign of rot, smut or spotting. Diagnosis and any specific treatments shall be submitted in writing to the City for approval prior to application. 12. Shrubs and Groundcovers a. All shrubs and ground cover shall be fertilized two (2) times per year. Applications shall be made in the months of May and late September. The application rate will be one (1) pound of nitrogen per one thousand (1,000) square feet per application. 16 I I I I I I I I I I I I I I I I I I I b. All fertilizers shall be commercial grade, mixed granules, containing nearly equal amounts of nitrogen and potassium and at least 30% of both elements should be available in slow release form. The fertilizer should also contain magnesium and a complete micronutrient amendment. The fertilizer analysis shall be similar to 8-2- 10, 10-5-10 and 12-4-12. c. Additionally,flowering shrubs and ground cover shall be fertilized two (2) times per year with "Bloom Master" or similar product with a ratio similar to 6-10-10. The product shall be 50-60% organic to provide slow release and less potential to bum plants. An application rate shall be specific to the plant species as determined by the Contractor and approved by the City. I. DISEASES AND PESTS: 1. The Contractor shall practice Integrated Pest Management (I.P.M.) to control insects, diseases and weeds around trees. First choice will be insecticidal soaps, horticultural oils and biological controls such as Bacillus thuringiensis (Bt) formulations. 2. Specific diagnosis of plant diseases and/or pests shall be the responsibility of the Contractor or his consultant. Records will be kept on pests identified and treatment(s) rendered for control. Approved pesticides or biological controls shall be prescribed and applied by State of Florida Licensed Applicators only according to manufacturer's recommendations and in compliance with the Federal Insecticide, Fungicide and Rodenticide Act. 3. Upon confirmation of a specific problem requiring treatment, the Contractor shall report to the City the proposed treatment. The Contractor shall apply treatment on a spot treatment basis using the least toxic, most effective pesticide. This includes "weed and feed" formulations. The Contractor for all application treatments shall maintain a chemical report for each site, so that the City may review reports at any time per the State regulations. 4. The Contractor warrants and represents that every chemical substance delivered shall be on the list of regulated chemical substances, or have been submitted for inclusion on such list, as compiled by the Environmental Protection Agency (EP A) pursuant to the Toxic Substances Control Act. 5. Pesticide applications will be made in accordance with the rules and regulations governing use of pesticides in Florida. Posting and notification of pesticide sensitive persons will be done prior to application. The pest control applicator will be operating under License # , Expiration Date . (Information to be provided by the Contractor). Treatment application signs shall be displayed prominently in all treated areas as per all local, State, and Federal regulations. 6. Care shall be taken during all pesticide operations. All spraying of pesticides will be performed when pedestrian traffic is minimal, temperatures are below ninety (90) degrees Fahrenheit and wind drift is negligible. 17 I I I I I I I I I I I I I I I I I I I 7. A continuing effort shall be made to abate all gophers, mole crickets and other lawn/vegetation damaging insects or rodents in a timely manner to minimize damage. Fire ants, bees, and wasps, as well as any other damaging or health-endangering pest, will be treated promptly so as not to present a hazard. 8. All damage occurring from improper or careless application of chemicals shall be the responsibility of the Contractor. 9. Turf a. The Contractor shall inspect lawn areas each visit for indications of pest infestation. Diagnosis and any specific treatments shall be submitted in writing to the City for approval prior to application. Treatment program of turf areas shall be on a site-specific basis, which extends beyond the boundaries of the infestation by 25% of the area's diameter. 10. Trees. Shrubs and Groundcovers a. Trees, shrubs and groundcovers shall be routinely checked during each maintenance visit for abnormal conditions such as insects, borers, scale, caterpillars, milky spore disease, web worms, red spider mites, lace bugs, Japanese beetles, etc. Diagnosis and any specific treatments shall be submitted in writing to the City for approval prior to application. 11. Palms a. Routinely check palms for signs of distress or disease in the trunks, buds or fronds. Any evidence of disease affecting the palms is to be reported to the City at once. With City authorization, the Contractor shall make arrangements for proper evaluation and treatment ofthe problem. Inspect all palms, especially the Phoenix varieties during the month of March, for infestation of Palmetto Weevil. As required, apply a bud drench as recommended by the University of Florida Cooperative Extension Service. b. The Contractor shall monitor those palms, which are susceptible to Ganoderma butt rot. Should this disease be found on any palm, the City shall be notified in writing, including a location map of the palm, whereby the City in writing shall direct appropriate action on a case-by-case basis. Every precaution will be made to contain the disease and keep it from spreading to other palms. Proper care and procedures with equipment and maintenance around Ganoderma infected palms will be followed in accordance with University of Florida Cooperative Extension Service recommendations. J. INSECTICIDE MAINTENANCE: 1. During each maintenance visit, the Contractor shall monitor and treat ant mounds and nesting yellow jackets or other stinging insects throughout the property as required using a granular or' drench method. 18 I I I I I I I I I I I I I I I I I I I 2. The Contractor shall remove and dispose of wasps, bees and other subterranean insects in plant materials, on the ground or on site structures/furnishings. K. IRRIGATION MAINTENANCE: 1. The irrigation water source for this contract will vary. It is the Contractor's responsibility to monitor this irrigation water supply at all times. Any problems with the irrigation water supply must be reported immediately to city personnel. Any required repairs to the water 'supply must be coordinated with city personnel to insure that water is available for irrigation two (2) times per week. 2. Insoections a. Within ten (10) days of the Grounds Maintenance Agree~ent start date, the Contractor shall perform a complete inspection of the entire irrigation system including controllers, irrigation and quick couplers on potable water line, and note in detail any deficiencies that must be corrected to make the system fully operational. This list of deficiencies, along with associated costs to repair them, will be promptly submitted to the City, which will be responsible to authorize corrective action. b.. The Contractor shall inspect and test all components and zones in the irrigation system after mowing operations have been completed and shall reset zone times according to seasonal changes or governing regulations. This will consist of checking the controller and valves, which should be checked for proper time of day and operating schedule. In addition, drip tubing along with irrigation heads to ensure that the proper amount of water is being provided to all plant material, as drip tubing should be kept covered with mulch. Leaks or breaks in the system should be repaired before the next scheduled system-running time. Drainage problems noted on-site, in planted or paved areas, shall be reported to the City. Any corrective measures will be promptly reported to the City. c. Irrigation frequency of use depends on rainfall, time (seasonjof year and age of the landscape. In general, irrigation may be turned on two days per week, or as local and state regulations dictate. During weekly inspections, the Contractor will note and report to the City inadequate or excessive irrigation, drainage problems, or if plant material appears to be damaged by too much water. d. Replacement irrigation products shall be of the same or equal in size, quality and brand/manufacturer as the original product(s) being replaced and as approved by the City. Should a controller be temporarily removed for repairs, a replacement controller shall be installed in its place until the original is reinstalled. 3. Reo airs a. The Contractor will make repairs and adjustments to the irrigation system. Minor actions including adjustments and repairs such as head / nozzle alignment and or cleaning,' filter cleaning, and timer adjustments shall be made by the Contractor at 19 '.. I I I I I I I I I I I I I I I I I I I no additional charge. Heights of risers, pop-ups and rotor heads shall be adjusted to maintain an operational height in relation to maturing plant material and turf. b. Leaks and breaks in the system shall be immediately reported to the City and repaired by the Contractor before the next scheduled system-running time. All repairs must be approved in advance by the City, which will be charged at $100.00 or more. Minor repairs, less than $100.00, are to be invoiced to the City of Clearwater, Parks Department, in addition to the monthly maintenance fee. c. Excessive repairs beyond the scope of work listed above will be charged to the City at an hourly rate per man plus parts and must be approved and authorized by the City prior to carrying out the work. The Contractor will provide the hourly rate per man for irrigation repair along with the maintenance bid. 4. Emere:encv Procedures a. The Contractor shall provide the City with a twenty-four (24) hour/seven (7) days per week on call emergency irrigation repair service and telephone number. The intent of the twenty-four (24) hour service is to have instruction available for City personnel to turn off the irrigation system until the next regular working day when the repairs can be assessed and then made by the Contractor with City approval. In a serious emergency, the Contractor shall provide the required personnel to make temporary emergency repairs until a more detailed cost estimate is reviewed and approved by the City. b. The Contractor shall provide at the time of bidding a unit price and hourly rate per man for emergency irrigation site visits which occur on a non-designated workday on City grounds. L. MULCH MAINTENANCE: 1. The type of mulch grade to be used shall be Pine Bark Nuggets (1" to 2" in overall size). Pine Bark Fines (1/2" to %" in overall size) shall be used in all color annual beds. The City reserves the right to use any other mulch it deems desirable, at which time the Contractor will provide a proposal for any additional costs or credits due the City. "Alternative" mulches (recycled wood mulch, pine needles, eucalyptus, melaleuca, etc.) may be considered by the City of Clearwater. 2. The Contractor shall maintain the existing mulch in all planting beds, except color annual beds, at a level of three (3) inches of thickness. Color annual beds will be maintained at a level of one (1) inch ofthickness. Planting beds shall be periodically monitored for sufficient mulch coverage in order to decrease weed growth and retain soil moisture within the project site. 3. Landscape beds should be top-dressed to provide a new mulched appearance maintaining a three (3) inch overall coverage as directed with the City of Clearwater. Annual mulch applications are to be made during the winter months (November through February). 20 I I I I I I I I I I I I I I I I I I I Quotations for additional mulch applications may be requested ofthe Contractor, in order to provide additional fresh color appearance. 4. Maintain throughout the year, the specified depth of mulch - three inches (3"), which will discourage weed growth as well as help retain soil moisture for all existing landscape beds. 5. A mulch ring will be maintained around individual trees and palms in turf areas. The mulch ring shall be a minimum of twelve (12) inches wide from the outside trunk surface of the tree. M. TRAFFIC CONTROL AND PEDESTRIAN SAFETY: 1. The Contractor is responsible for establishing and maintaining safe work zones in vehicular traffic areas, as well as pedestrian and park user areas. The Contractor shall coordinate maintenance operations in certain high pedestrian use areas and peak time periods with the City (the winter tourist season is generally not an acceptable time to close traffic lanes for maintenance). The Parks and Recreation Department reserves the right to limit the hours of operation in certain high pedestrian use areas. Two-way traffic shall be maintained at all times through intersections and roadways. Closure.is not permitted. 2. The Contractor shall fully acquaint and comply with City of Clearwater safety requirements and Maintenance of Traffic (MOT). Installing Contractor is responsible for all MOT coordination and notification of appropriate agencies. If applicable, the MOT plan must be submitted to and approved by the City prior to partial lane closure and commencement of the work. All necessary lane closures shall be approved by the City's Transportation and Parking Services (see City of Clearwater Specifications for Traffic Control) a minimum of forty-eight (48) hours in advance of scheduled operations. 3. Any and all proposed traffic control shall conform to the current edition of the manual on uniform traffic control devices (MUTCD), the Florida Department of Transportation Roadway and Traffic Design Standards, January 1998 (600 Series) and the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. The Contractor shall use Index 627 whenever construction equipment is relocated or driven on existing open travel lanes. 4. The Contractor shall position advance-warning signs as appropriate for the existing field conditions. The Contractor shall provide a crew to be responsible to construct, relocate, and maintain all traffic control devices, to cover, add or remove signs as needed, and do all work necessary to maintain a safe work zone. N. INSPECTIONS: 1. The site should be checked for irregularities, such as irrigation leaks, vehicle damage, dead turf or plant material, heavy insect infestations (especially fire ants), vandalism, etc., which should be reported to the Parks and Recreation Department within 48 hours after providing the service. 21 I I I I I I I I I I I I I I I I I I I 2. The Landscape Maintenance Contractor will assist the City in reporting vandalism, graffiti, damage or need of repair/refurbishing of public and private property; for example, traffic or directory signs, structures, site furnishings, monuments, fences, lighting, utilities and paving. 3. The Contractor will be responsive to special conditions or unexpected problems that may occur during the course of the maintenance agreement. The City expects the full cooperation and prompt response by the Contractor. 4. The Contractor may be requested to provide additional services, such as seasonal flowers and plants for various occasions and functions within the City, for an additional cost to the City of Clearwater. The Contractor will provide timely information, prices and delivery of these items. 54.4. LEVELS OF SERVICE: A. Each location shall be designated a certain proposed level of service to determine the frequency of maintenance it would receive. Designations will be Levell, Level 2, Level 3, Level3L, and Level 4. The specific level of service and scheduling will be coordinated between the Contractor and the Parks Service Supervisor in charge of the contract. Monthly visits should occur within the designated week, unless approved by the Parks and Recreation Department. While a site may be designated as Levell or 2, the City reserves the right to increase or decrease the number of visits based on local conditions. Levell - Schedule for weekly (52) service visits, to accomplish the site-specific tasks/activities stated in these specifications. Weekly visits should occur no closer than six (6) and no further than ten (10) calendar days apart. Mowing and other general lawn maintenance activities will be performed as needed to maintain the desired appearance, but would generally approximate the Level 2 service schedule. At times of the year where weekly mowing is not required, the Contractor will work with the Parks and Recreation Department's Contract Supervisor to identify and perform other site needs. Level 2 - Schedule visits for the second week of January and February, the first, third and fifth weeks of March; the second and fourth weeks of April (these biweekly visits should occur no closer than ten (10) and no further than seventeen (17) calendar days apart); weekly during the months of May, June, July, August and September, (weekly visits should occur no closer than six (6) and no further than ten (10) calendar days apart); then biweekly for the months of October, November and December for a total of thirty-seven (37) visits for the year. Level 3 - Schedule service for the second week of January and February; the second and fourth weeks of March, April, May and June (these biweekly visits should occur no closer than ten (10) and no further than seventeen (17 calendar days apart); the second, third and fourth weeks in July; weekly in August; the first and third weeks in September, October and November; and the third week in December; for a total of twenty-four (24) visits for the year. 22 I I I I I I I I I I I I I I I I I I I Level3L - Schedule service for the second week of January, February; March, and April, the second and fourth weeks of May, June, July, August and September (these biweekly visits should occur no closer than ten (10) and no further than seventeen (17 calendar days apart); the second week of October, November; and December; for a total of sixteen (16) visits for the year. Level 4 - Schedule service for the first weeks of February, April, May, June, October and December, and the first and third weeks of July, August, and September, for a total of twelve (12) visits for the year. B. Completion of Work: Within 48 hours of completing work, the Contractor shall notify the Parks and Recreation Supervisor assigned to monitor the contract either in person, phone or via email of said completion. It is acceptable to leave a phone message, however, to make certain the message is received, it is advisable to call between 7:00 a.m. - 8:00 a.m. or 2:00 p.m. - 3:00 p.m. C. Inspection and Approval: Upon receiving notification from the Contractor, the City shall inspect the serviced location the following business day. If, upon inspection, the work specified has not been completed, the City shall contact the Contractor to indicate the necessary corrective measures. The Contractor will be given 48 hours from this notification to make appropriate corrections. If the work has been completed successfully then the City will pay for services billed (page 5 section 2.2 A and page 6, section 2.5). 54.5. SPECIAL CONDITIONS A. Each location shall have been maintained in an equal manner prior to transferring maintenance responsibility to the Contractor. Any location requiring immediate service to bring the landscape conditions to an acceptable standard will be serviced by the Contractor at an additional charge to the City, based on hourly charges quoted as a part of this Proposal. B. All maintenance shall be performed in a good and workmanlike manner, consistent with trade practices and prevailing industry standards. C. The Contractor shall be responsible for damage to any plant material or site feature caused by the Contractor or his/her employees. The Contractor shall be notified in writing ofthe specific nature ofthe damage and cost of repair. The City shall, at its option, invoice the Contractor for the payment, or reduce by the amount of the repairs the next regular payment to the Contractor. D. The City reserves the right to delete a location from the Contract upon thirty days written notice. Payments for services by the vendor shall be adjusted accordingly based on the individual site costs submitted as a part of this Quote. E. Occasionally circumstances (standing water, prolonged inclement weather, parked vehicles, etc.) may make all or portions of a location unserviceable during the regular schedule. The Contractor shall notify the Parks and Recreation Department of such occurrences, and shall schedule to perform the required maintenance to the locations as soon as the pertaining circumstances are relieved. 23 I I I I I I I I I I I I I I I I I I I F. All Contractors shall include a list of equipment to be used in the performance of the Contract. Such equipment must be available for inspection by the Parks Maintenance Coordinator, or designee, prior to award of the contract, if requested. G. All Contractors must submit proof of applicable licenses if requested. H. The City reserves the right to accept all or any part of any Quote. Contractors must provide a Quote for all sites. The price per location is important to determine the amount owed to the Contractor for work performed. I. The Contractor or his representative will meet with a representative of the City at least once per month for a complete inspection of the maintained grounds. J. The City may request additional or fewer services based on the individual site costs submitted as a part of this Quote. 24 I I I I I I I I I I I I I I I I I I I SECTION V CONTRACT BOND I I I I I I I I I I I I I I I I I I I Section V Contract Bond 1&2 Contract 3 thru 5 Contractor's Mfidavit for Final Payment 6 Proposal Bond 7 Affidavit 8 Non-Collusion Affidavit 9 Proposal 10 thru 12 Addendum Acknowledgement Sheet 13 Bidder's Proposal - Unit Prices 14 & 15 Grounds Maintenance Specifications 1.0 Instructions 2.0 General Conditions Pre-qualification cover letter with requirements for complete package submittal Pre-qualification Package I I I I I I I I I I I I I I I I I I I - BOND NUMBER: SSB389243 CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we MORELLI LANDSCAPING. INC. Contractor and RLI INSURANCE COMPANY (Surety) whose home address is POBOX 3967. PEORIA. ILLINOIS 61612-3967. HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: TWO HUNDRED FOUR THOUSAND SIX HUNDRED TWENTY SEVEN DOLLARS AND SEVENTY-EIGHT CENTS ($204,627.78) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the day of , 2006, entered into between the Contractor and the City of Clearwater for: DREW STREET & US 19 OVERPASS LANDSCAPE IMPROVEMENTS (05-0004-EN) a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Page 1 I I I I I I I I I I I I I I I I I I I CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of , 2006. MORELLI LANDSCAPING. INe. CONTRACTOR By: ATTEST: SURETY WITNESS: By: ATTORNEY-IN-FACT COUNTERSIGNED: Page 2 I I I I I I I I I I I I I I I I I I I - CONTRACT This CONTRACT made and entered into this dday of ~ ' 2006 by and between the City of Clearwater, Florida, a municipal corporation, hereina er designated as the "City", and MORELLI LANDSCAPING, INC. of the City of CLEARWATER, County of PINELLAS and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part ofthe other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: DREW STREET AND US 19 OVERPASS LANDSCAPE IMPROVEMENTS (OS-0004-EN) FOR THE SUM OF TWO HUNDRED FOUR THOUSAND SIX HUNDRED TWENTY SEVEN DOLLARS AND SEVENTY-EIGHT CENTS ($204,627.78) In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. Page 3 I I I I I I I I I I I I I I I I I I I - CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1.000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1.000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Page 4 I I I I I I I I I I I I I I I I I I I ~- - CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINEL LAS COUNTY, FLORIDA (Seal) By:~t8.~-rr William B. Home, II City Manager Attest: Countersigned: BY:~~ ~ \ Hibbard, , Mayor-Councilmember Approved as to form and legal sufficiency: C:-~9~~ Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Morelli Landscaping, Inc. (Contractor) . ~ By: I\..) ~~ EAL Vincent . Mo IIi, Jr. President Page 5 I I I I I I I I I I I I I I I I I I I - CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF FLORIDA COUNTY OF PINELLAS On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, , who after being duly sworn, deposes and says: That he is the (TITLE) of MORELLI LANDSCAPING. INC. a Florida Corporation, with its principal place of business located at 4855 162ND AVE N. CLEARWATER, FLORIDA 33762 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of , 2006, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of: DREW STREET & US 19 OVERPASS LANDSCAPE IMPROVEMENTS (05-0004-EN) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me MORELLI LANDSCAPING. INC. AFFIANT This _ day of , 2006. BY: NOTARY PUBLIC My Commission Expires: PRESIDENT Page 6 Jun I I I I I I I -I I -I I -I I I I I I I I 09 08 12:39p Morelli Landscaping, Inc. 727-538-8855 p.3 PROPOSAL BOND (Not to be filled out if a certified check is submitted) KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned, &rellt landscaping, Inc. as Principal, and RLI Insurance CaJpany as Surety, are held and firmly bound unto the City of Clearwater, Florida, in the sum of Dollars ($ ) (being a minimum of 10% of Contractor's total bid amount) for the payment of which, well and truly to be made, we hereby jointly and severally.bind ourselves, our heirs, executors, administrators, successors and assigns. The condition of the above obligation is such that if the attached Proposal of &rellt Landscapinp;. Inc. as Principal, and RLI Insurance C'.oovanv as Surety, fOT work specified as: Drew Street & US 19 Overpass landscape lnDrovEm:mts all as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and specifications provided herefor, all within Pinellas County, is accepted and the contract awarded to the above named bidder, and the said bidder shall within ten days after notice of said award enter into a contract, in writing, and furnish the required Performance Bond with surety or sureties to be approved by the City Manager, this obligation shall be void, otherwise the same shall be in full force and virtue by law and the full amount of this Proposal Bond will be paid to the City as stipulated or liquidated damages. Signed this 20th day of me , 2006. (principal must indicate whether corporation, partnership, company or individual) Inc. Principal The person signing shall. in his own handwriting, sign the Principal's name, his own name and his title; the person signing for a corporation must, by affidavit, show his authority to bind the corporation. - .. By:O'~ ::::r- Mo~ ~ Title p R:7.i RLI Inaurance Carpany Tf\ .JJ. fJ -~ surety~VJ.a Jj. ::ln1.CK, AttOL~-In-Fact and Florida Resident Agent SectionV.doc Page 7 Revised: 5/11/2006 IRLI I RLI Surety A Division of RLI Insurance Company P.O. Box 3967 Peoria,IL 61612-3967 Phone: 309-692-1000 Fax: 309-692-8637 POWER OF ATTORNEY RLI Insurance Company I Know All Men by These Presents: I That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. I That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: David B. Shick I in the City of Tampa , State of Florida its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. I Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. I The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. I The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors ofRLI Insurance Company, and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." I I IIN WI1NESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice-President with its corporate seal affixed this 26th day of May , 2006. \,\\1t111111111 ",\\\~NCE e"'"" ", I::IVJ ....... 0"_,,, $"'~ .... ...:..,-o~ .:-.... . .~, .:- ...,: c.of\PORA 1'~ '. ';t, ~ :0: : -e- ~ ~:. ~ ~ SEAL} ~ ;. -. .. ~ ~ .... ..' ~~ ..., ........ " """~ l. 1.. I N 0 \ ~\\\", 1IIIfIIIl\\H\\ Ion this 26th day of May, 2006, before me, a Notary Public, personally appeared Roy r f)i~ , who being by me duly sworn, acknowledged that he signed the above Power of I Attorney as the aforesaid officer of the RLI Insurance Company and acknowl~dged said instrument to be the voluntary act and deed of said corporatIon. I I State of Illinois County of Peoria } 55 IBy ~IJLlL rI-IYJ tM~ Cherie L. Montgomery N ubl1c I I 0948311020208 - RLI Insurance Company By: Roy C. Die Vice-President I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this _2D:tIL day of .nm!'> ,..2006.-. RLI hisurance Company Vice-President A0059106 I I I I I I I I I I I I I I I I I I I - AFFIDAVIT (To be filled in and executed if the bidder is a corporation) STATE OF FLORIDA ) COUNTYOF Pinellas ) Vincent J. Morelli, Jr. being duly sworn, deposes and says that he/she is Secretary of Mnrpll; Landscapin~, Inc. a corporation organized and existing under ahd by virtue of the laws of the State of Florida, and having its principal office at: 4855 162nd Avenue North, Clearwater Street & Number pinellas Florida State City County Affiant further says that he is familiar with the records, minute books and by-laws of Morelli Landscaping, Inc. (Name of Corporation) Affiant further says that Vincent J. Morelli, Jr. is President (Officer's Name) (Title) of the corporation, is duly authorized to sign the Proposal for C i t Y 0 f C 1 ear w ate r, :#: 0 5 - 0 0 0 4 - EN forsaidcorporationbyvirtueofa provision of the by-laws (state whether a provision of by laws or a Resolution ofth oard of Directors. Ifby Resolution give ate of adop . on). Sworn to before me this J qi!:.. day of :r; N 6. , 2006. ,"'"'' ~~ ~ .. .. ~~ ~ ~~~~,; ~ ~ r Notary Public ~ ~..~"^\SS,o,,,..~~. ~ ~. "~.cp ~-t.'.L1 /^__ : $: $ \ .~ W f:// It 4-Lh1J:,ft!- WJ9l- e.lt :~:= ~~~ (/l :~:Type/print/stamp name of Notary ~ ~ '~A' #00540547 ~.~.. ,~''''l?~,.n<1) ~'\.~.. , ")-. ."~ soo:~~ · <:). .. ~ ~ttltic. .sTA~.~~ t.. .. Title or rank, and Serial No., if any ,...", SectionV.doc Page 8 Revised: 5/11/2006 I I I I I I I I I I I I I I I I I I I - NON-COLLUSION AFFIDAVIT STATE OF FLORIDA ) COUNTY OF Pinellas ) Vi ncen t J. Mor e 11 i, Jr. being, first duly sworn, deposes and says that he is President of Morelli Landscaping, Inc. the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that said bidder is not financially interested in or otherwise affiliated in a business way with any other bidder on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant or any other bidder, or to fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any advantage against the City of Clearwater, Florida, or any person or persons interested in the proposed contract; and that all statements contained in said proposal or bid are true; and further, that such bidder has not directly or indirectly submitted this bid, or the contents thereof, or divulged information or data relative thereto to any association or to any member or agent thereof. Sworn to and subscribed before me this Itf~ay of "-'--N ~ ",II'" .. '\ '\ ~ ~~M~,(?' ~ 41' .. ~:~. ;;~5SI01V ;-t; % ' ..~. (j ~. "'~..l.. ~ .0. ...c;..~ lJI'rn -~. April 13,2010 'Z: · . -.- Ol.~" .~,:~..t #00540547 ~.~... -.~. "" "--.. -> '" ,....- ~ , 1l'.: . .'i) ~"'lIell1'" ~'6. C::>. , ~r. ~Ir,SurB1;K1a ~ .~" , # , ..<t/~ . · ~ \)~ ..' " C.~".. , I . , , 2006. SectionV.doc Page 9 Revised: 5/11/2006 I I I I I I I I I I I I I I I I I I I _u PROPOSAL (1) TO THE CITY OF CLEARWATER, FLORIDA, for Project #OS-0004-EN - Drew Street & US 19 Overpass Landscape Improvements and doing such other work incidental thereto, all in accordance with the contract documents, marked May 2006 for the above referenced project Every bidder must take notice of the fact that even though his proposal be accepted and the documents signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract without a certificate from the Finance Director that funds are available to cover the cost of the work to be done, or without the approval of the City Attorney as to the form and legality of the contract and all the pertinent documents relating thereto having been approved by said City Attorney; and such bidder is hereby charged with this notice. The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties interested in this Proposal, are named in this Proposal, that he has carefully examined the Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications, General Conditions, Special Provisions, and Contract Bond, that he or his representative has made such investigation as is necessary to determine the character and extent of the work and he proposes and agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in the fonn of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or apparatus, do all the work required to complete the contract within the time mentioned in the General Conditions and according to the requirements of the City of Clearwater, Florida, as herein and hereinafter set forth, and furnish the required surety bonds for the following prices to wit: Morelli Landscaping, Inc. 4855162nd Avenue North Clearwater, Florida 33762 SectionV.doc Page 10 Revised: 5/1112006 I I I I I I I I I I I I I I I I I I I --- PROPOSAL (2) If the foregoing Proposal shall be accepted by the City of CleaIWater, Florida, and the undersigned shall fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may, at its option determine that the undersigp.ed has abandoned the contract, and thereupon this Proposal shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to become the property of the City of CleaIWater, Florida, and the full amount of said check shall be retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the City as stipulated or liquidated damages; othetwise, the bond or certified check accompanying this Proposal, or the amount of said check, shall be returned to the undersigned as specified herein. Attached hereto i~ certified check on Bank, for the sum of ($ ) (being a minimum of 10% of Contractor's total bid amount). The full names and residences of all persons and parties interested in the foregoing bid are as follows: (If corporation, give the names and addresses of the President and Secretary. If finn or partnership, the names and addresses of the members or partners. The Bidder shall list not only his name but also the name of any person with whom bidder has any type of agreement whereby such person's improvements, enrichment, employment or possible benefit, whether sub-contractor, materialman, agent, supplier, or employer is contingent upon the award of the contract to the bidder). NAMES: ADDRESSES: Vincent J. Morelli, Jr., 4855 162nd Avenue North President / Secretary Clearwater, Florida 33762 Signature of Bidder: ~ Vincent J. Morelli, (The bidder must indicate wheth~rporation, artnership, Company or Individual). Jr. ../I()t"elli Landscaping, Inc. "':; 162nd Avenue North Jlearwater, Florida 33762 SectionV.doc Page II Revised: 5/11/2006 I I. I I. I I I I I I I I I I I I I I I. - PROPOSAL (3) The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title. Where the person signing for a corporation is other than the President or Vice-President, he must, by affidavit, show his authority, to bind the corporation. " \ -- ~ '---.\/ By: Vincent J.~ ~or~i, Jr. Business Address of Bidder: 4855 162nd Avenue North Title: President City and State: C 1 ear w ate r, F lor i d a 33762 Zip Code Dated at 4: 00 PM . this 1 9 t h day of June . A.D., 2006 Morelli Landscaping, Inc. 4855 162nd Avenue North Clearwater, Florida 33762 SectionV.doc Page 12 Revised: 5/1112006 I I I I I I I I I I I I I I I I I I I ---------- --------- CITY OF CLEARWATER ADDENDUM SHEET PROJECT: Drew Street & US 19 Overpass - Project #05-0004-EN Acknowledgment is hereby made of the following addenda received since issuance of Plans and Specifications. Addendum No. 1 Date: 6/19/06 Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Morelli Landscaping,Inc. (Name OfBidde~ ~ _____f ~~ (Sign~e of 0 cer) Vincent J. Morelli, Jr. President (Title of Officer) 6/19/06 (Date) SectionV.doc Page 13 Revised: 5/11/2006 I I I I I I I I I I I I I I I I I I I - VO/~~/LVVO ~~.L~ 'LI~OL"/~~ I:.l~ r~"'r:: V~ BIDDER'S PROPOSAL. UNIT PRICES PROJECT: DREW STREET AND US 19 OVERPA.SS LANDSCAPE IMPROVEMENTS PROJECT DESCRIPTION: 05.0004-EN Item Description Unit Quantity Unit Cost Total Cost Plant Material Schedule Cabbage Palm: Min. 3'X3' Root Ball. 20' & 24' O.A. 265.00 50,085.00 1 HI. EA 189 Oleander.. 'White and Calypso.: Min. 3 Gal.. 30. 9.50 5,044.50 2 Ht. X 24" Sod. EA 531 Dwarf Fakahatchee Grass: Min 3 Gal., 24")(24.... 9.25 25,853.75 3 Spd. EA 2795 Rhizomatous Ornamental Peanut, Solid 30" WIde 2.15 13,796.55 4 Rolled Sod SF 6,417 Irrigation and Addition.l Materials 5 Pinellas County's Recycled Processed Mulch CY 468 25.00 11,700.00 6 Automatic Irriaation wlControl: Labor and Materials LS 16O,000.Op 60,000.00 SUB TOT AL (ITEMS 1-6) 166,479.80 7 10% ContinQeocy 16,647.98 TOTAL (ITEMS 1-7) 183,127.78 ALTERNATE BID; lS 8 Maintenance: Annual LandscaDe 21,500.CO 21,500.00 Bidder's Grand Total Bas. Bid, Continaency and Alternate aid Item 1-8 204,627.78 CONTRA.CTOR: Morelli Landscaping, Inc. 204,627.78 BiDDER'S GRAND TOTAL BASE BID/CONTINGENCY PLUS ALTERNATE BID $ (NUMBERS) BIDDER'S GRAND TOTAL BASE BID/CONTINGENCY PLUS ALTERNATE BID Two hundred and four thousand six hundred twenty-seven dollars and seventy-eight cents (WORDS) THE BIDDER'S TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LUMP SUM PRiCes AND THE ESTIMATED QUANTITIES REQUIRED. THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL MAKE THe TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE SHALL GOVERN. Section V.doc Page 14 Revised 12/22/04 I I I I I I I I I I I I I I I I I I I ~--- ADDENDUM NO.1 For DREW STREET AND US 19 OVERPASS Landscape Improvements Project Clearwater, Florida Project Number OS-0004-EN DATE: June 19, 2006 SUBJECT: Addendum NO.1 TO: Prospective Bidders and Others Concerned Bidders on the "Drew Street and US 19 Overpass Landscape Improvements Project" are hereby notified that the following Addenda are made to the Contract Documents. Replace Section V, Bidder's Proposal - Quantity Amount, pages 14, please modify the attached Bid Tabulation sheet accordingly with corrected information listed below: Bid item 5 Pinellas County's Recycled Processed Mulch Quantity 468 (not 22) ** Note 7 on Sheet 5 of 14 (Details and Notes) should read: 7. All planting areas shall receive a 3" layer of Pinellas County's Recycled "Processed" much, which is to be watered-in after installation. A revised proposal sheet (page 14) has been attached for your use. END OF ADDENDUM #1 THE CITY OF CLEARWATER PINELLAS COUNTY, FLORIDA By: IslWilliam B. Horne. II City Manager I I I I I I ,I I I I I I I I I I I I I GROUNDS MAINTENANCE I I I I I I I I I I I I I I I I I I I CITY OF CLEARWATER, PARKS & RECREATION DEPARTMENT US 19 & DREW OVERPASS GROUNDS MAINTENANCE SPECIFICATIONS BID PROPOSAL FORM Having carefully examined the attached "US 19 & Drew Overpass" - Location List Form, Scope of Work Checklist, and the Grounds Maintenance Specifications", as well as each of the premises and all conditions affecting the required work, the undersigned proposes to furnish all maintenance, permits, insurance, labor, material and equipment for the entire work in accordance with the specifications for the total sum thereon indicated, which amount includes all bonds and taxes. Total Annual Cost for Contracted Services: I $ Labor Cost per Work-Hour for Additional Services: $ The undersigned hereby declares that the only person or persons interested in the Quote Proposal as principal or principals are named herein; that no other person than is herein mentioned has any interest in the Proposal or in the Contract to be entered into; that this Quote is made without connection with any other person, company, or parties making a Quote Proposal; and, that it is in all respects fair and in good faith without collusion or fraud. The undersigned further declares that the site of the Work has been examined, that he/she is fully informed with regard to all conditions pertaining to the place where the Work is to be done, and that the Specifications for the Work have been fully examined prior to submittal of this Quote. Further, if this Quote Proposal is accepted, the Undersigned agrees to be prepared to contract with the City of Clearwater and begin maintenance within thirty (30) days. The Undersigned states that (please print), an individual employed by and representing the Undersigned firm, is qualified under the local and state laws as a licensed Contractor. The Undersigned has attached a Certificate of Insurance for Liability Coverage, Automobile, and Worker's Compensation, a copy of the Occupational License, a List of Equipment, References, and Manpower, and a list of professional certifications held by their staff. Respectfully submitted, Firm Name Date Firm Address Official Signature City State Zip code Print Official's Name Title I I I I I I I I I I I I I I I I I I I I CITY OF CLEARWATER GROUNDS MAINTENANCE SPECIFICATIONS 1.0. INSTRUCTIONS 1.1. PROPOSAL: Written Quotes will be received for furnishing all labor, material, equipment, supervision, transportation and all other services necessary for furnishing landscape maintenance service, for the City of Clearwater Parks and Recreation Department, herein specified and as required by the Department. Any Quotes received after the time and date specified for submittal in these Instructions will not be considered. Please provide unit prices for labor charges involved with maintenance and landscape work that may be needed in addition to the services established in these specifications. Quotes shall include: A. A Certificate of Insurance (page 3-4, section 2.1 G) for Liability Coverage, Automobile, and Worker Compensation. B. A copy of the Contractor's Occupational License. C. A list of the equipment owned by the Contractor and required for this contract. D. A list ofthree (3) references of current commercial customers within the Tampa Bay Area to be qualified E. A list of Manpower for this Project, containing the number of people and job title of those persons assigned to various tasks. F. A copy of the Contractor's Certified Pest Control Operator (c.p.a.) certificate as licensed by the Department of Agriculture (page 4-5, section 2.1 H-l). G. A list of the Professional Certifications held by its employees. 1.2. SUBMISSION OF QUOTES: Quote Proposals shall be received at the Purchasing Department, 100 South Myrtle Avenue, Third Floor, Clearwater, Florida 33758-4748 no later than 11:00 a.m. on June 20.2006 or by mail to the Purchasing Manager, Purchasing Department, P.O. box 4748, Clearwater, FL 33758-4748. The competency and responsibility of Contractor's will be considered in making the award. The City reserves the right to reject any and all quotes. 1.3. TERMS OF CONTRACT: The purpose of this Quote is to establish a contract for the purchase of maintenance services for a twelve (12) month period, on or before September 30.2006 (60 day contracO. However, once the contract has been established, it may be renewed under the same terms and conditions up to a maximum of three years. 1.4. EXAMINATION OF SITES: Each Contractor is required, before submitting his/her quote, to visit the site of the proposed work and become familiar with any local conditions, which may in any manner affect the work to be done or affect the equipment, materials and labor required. The Contractor is also required to examine carefully the specifications and conditions and inform himself/herself thoroughly regarding any and all conditions and requirements that may in any manner affect the work to be 2 I I I I I 2.0. I I I I I I I I I I I I I I performed under this contract. No additional allowances shall be made because oflack of knowledge of these conditions. 1.5. LOCATIONS: For site locations refer to the attached Location List Form. Qualified Contractors shall provide a Quote for all of the sites shown, and provide separate prices for each site. NOTE: Contractors shall contact James Belcher at (727) 224-7106, or Nathan Brigman at (727) 224-7107, for any information regarding the services to be rendered and/or these specifications. GENERAL CONDITIONS 2.1. CONTRACTOR'S REPONSIBILITIES A. Local Office: The Contractor shall maintain a local office with a competent company representative that can be reached during normal working hours and authorized to discuss matters pertaining to this contract with a Parks and Recreation Department Representative. A local office is one that can be reached by telephone without it being a toll call. An answering machine service or mobile telephone shall fulfill the requirement for a local office. B. Contractor and Independent Contractor - Indemnification: The Contractor shall act under the contract as an independent contractor and will not be an agent or employee of the City. The Contractor shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent employee of the City. The Contractor shall indemnify and otherwise hold harmless the City, and its officials, officers, directors, employees, agents and other representatives, from all liability, loss, or damage (including reasonable attorney's fees and other costs of defense) resulting from damage or injury to persons or property caused, or claimed to have been caused by acts or omissions of the Contractor. C. Laws. Permits and Regulations: The Contractor shall have all necessary licenses and permits (City, County, and State) as required for work under this contract; and shall comply with all laws, ordinances, regulations, etc., applicable to the work contemplated herein. The Contractor is presumed to be familiar with local laws, ordinances and regulations that may in any way affect the work. Ignorance on the part of the Contractor will in no way relieve himlher from responsibility. D. Responsibility for Work: The Contractor shall be responsible for all damage, loss or injuries that occur as a result of the fault or negligence of said Contractor or his/her employees in connection with the performance ofthis work. E. The successful Contractor(s) shall not assign, transfer, conveyor otherwise dispose of this contract, or of any or all of his /her or its rights, title or interest herein, or his/her or its power to execute such contract to any person, company or cooperation without prior written consent ofthe City. F. Cancellation: Either party may cancel the contract with or without cause by giving thirty (30) days written notice to the other party. G. Insurance: The Contractor shall indemnify and save the City harmless from any and all claims, liability, losses and courses of actions, which may arise out of the fulfillment of this Agreement. The 3 I I I I I I I I I I I I I I I I I I I Contractor shall pay all claims and losses of any nature whatever in connection therewith, and shall defend all suits in the name of the City when applicable, and shall pay all costs and judgments, which may issue thereon. The Contractor shall maintain during the term of this agreement the following insurance: a. Workers' Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. b. Public Liability Insurance on comprehensive basis, in amounts not less than $100,000 per person and $300,000 per occurrence for bodily injury, and $50,000 per occurrence for property damage. c. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in amounts not less than $100,000 per person and $300,000 per occurrence for bodily injury, and $50,000 per occurrence for property damage. The insurance coverage required shall include those classifications as listed in standard liability insurance manuals, which most nearly reflects the operations of the Contractor. All insurance policies shall be issued in companies authorized to do business under the laws of the State of Florida. The Contractor shall furnish Certificates of Insurance to the City of Clearwater Parks and Recreation Department naming the City of Clearwater as additional insured, prior to the commencement of operations, and no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the City. Compliance with the foregoing requirements shall not relieve the Contractor of his /her liability and obligation under this Section or under any other section of this Agreement. H. Emplovees: All employees of the Contractor shall be considered to be at all times the sole employees of the Contractor under his/her sole direction and not an employee or agent of the City. The Contractor shall supply competent and physically capable employees and the City may require the Contractor to remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable, and whose continued employment on City property is not in the best interest of the City. All personnel will be skilled in the field in which they work; that is, no minimum wage, unskilled laborers will perform the work. The Contractor will provide a list to the City containing the number of people assigned to various tasks. All grounds maintenance crews will be required to wear approved company uniform, abide by any and all company and OSHA (Occupational Safety and Health Act) safety standards, and conduct themselves in a well-mannered, orderly fashion while on the City grounds 1. Professional Staff Certifications: The Contractor is required to have a permanent, fulltime Licensed Certified Pest Control Operator (C.P.O.) on staff and to provide to the City a copy of that person's certificate as well as Department of Agriculture Pesticide Applicators License. The Contractor will also provide a list to the City containing the 4 I I I I I I I I I I I I I I I I I I I names, license or certificate numbers, and expiration date, for permanent (fulltime) staff members who are ISA Certified Arborists or Florida Certified Horticulture Professionals. I. Repairs to Existing Facilities: 1. All portions of the existing structure, facility services, utility roads and irrigation systems shall be protected against damage or interrupted service at all times by the Contractor during the term ofthis contract. Any damage to the property as a result of the performance of work by the Contractor, under this specification during the term of the contract, shall be repaired or replaced in kind and in an approved manner. All work of this kind shall be performed by the Contractor at no cost to the City and shall be as directed by the Parks and Recreation Department Representative. Repairs to facilities shall be made immediately after damage or alteration occurs, unless otherwise directed. 2. Repairs to the existing structures or facilities, including irrigation systems, which are damaged or altered in any way, including acts of God, vandalism, vehicular damage, theft, or undetermined damages, that do not result from the performance or work by the Contractor shall be repaired by the City at no cost to the Contractor, except where the specifications provide otherwise. 3. The Contractor shall notify the Parks and Recreation Department within twenty-four (24) hours, after discovery of any damage caused by accident, vandalism, theft, acts of God, or undetermined causes. 4. Safety Requirements: The Parks and Recreation Department reserves the right to issue restraint or cease orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 5. Hazardous Conditions: The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not a result of his /her operations, shall immediately be reported to the Parks and Recreation Department. Contact James Belcher (727) 224-7106 or Nathan Brigman (727) 224-7107. 2.2. FAILURE TO PERFORM SATISFACTORILY A. It is agreed and understood that in the short term, if the Contractor fails to perform the work as specified herein, the Parks and Recreation Department (1) will only pay for the amount of service received as determined by the Parks and Recreation Department with an appropriate downward adjustment in contract price, or (2) may have such repair work done by Parks and Recreation staff or otherwise. B. Default of Contracts: The City may by written notice delivered to the Contractor's given address terminate the contract if the Contractor has failed in performing his/her services in a manner satisfactory to the City as per specifications. The date of termination shall be stated in the notice. The City shall be sole judge of nonperformance. 5 I I I I I I I I I I I I I I I I I I I 2.3. CONTRACTOR'S STATEMENT OF EXPERIENCE. TECHNICAL ABILITIES AND REFERENCES A. The Contractor is required to supply, along the Quote Proposal Form, a list ofthree (3) references for current commercial customers, where he/she performs work of a similar character to that included in the proposed contract. The contractor may choose to supply a general listing of current clients / accounts, along with a contact name and phone number. These references will enable the City to judge the Contractor's responsibility, experience, skill and business standing. The City reserves the right to reject any Quote when, in its opinion, the Contractor has insufficient experience, responsibility, skill or business standing to perform the proposed work in strict compliance with the specifications, or when the information provided is insufficient for making a judgment. 2.4. PAYMENTS WITHHELD: The City may withhold payment to such extend as may be necessary to protect the City from loss due to: A. Work required in the specifications, which is defective, incomplete, or not performed. B. Claims filed or reasonable evidence indicating probable filing of claims. 2.5. PAYMENT: The Contractor shall submit all invoices to the Parks and Recreation Department. Invoices shall indicate the date of service, services rendered, and location for which the invoice is being submitted. Invoices shall be submitted monthly (at the end of each month) for services rendered during said month. 6 I I I I I I I I I I I I I I I I I I I PRE- QUALIFICATION PACKAGE I I I I I I I I I I I I I I I I I I I CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 TELEPHONE (727) 462-6126 FAX (727) 462-6989 PUBUC WORKS CONSTRUCTION May/2006 For your use in bidding this project. RE: PRE-QUALIFICATION TO BID, CITY OF CLEARWATER DREW STREET & U.S. 19 OVERPASS LANDSCAPE IMPROVEMENTS (05-0004-EN) Gentlemen: Attached per your request is a "QUALIFICATION APPLICATION OF PROSPECTIVE BIDDER" for the City of Clearwater's construction projects. Your attention is called to the following three (3) items which must accompany the application: a current financial statement completed within the past year, three letters of reference, and a list of major projects completed wi thin the past year (each project is to include type of work, dollar volume, name and phone number of project representative or owner) . All of the above items must be received before review of the application can begin. For contractors interested in any particular project, the complete pre-qualification package must be received prior to ~ at the time of bid submittal. Bid acceptance will be qualification standards. contingent upon ability to meet City We appreciate your interest in the City of Clearwater and ask that you direct any questions concerning the pre-qualifying process to me at telephone (727) 562-4950 Ext. 7203. Sincerely, Gary A. Johnson, CGC Public Services Director /ae Attachment FKANK HIllBARD, MAYOR BILL]ONSON, VICE-MAYOR HoYf HA\1ILTON, COlJNClLMEMBER * JOHN ])OR>\1\, COl!1\C1LMEMBER CARLEN A. PETERSEN, COI'1\CILMEMIlER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" I I I I I I I I I I I I I I I I I I I OUALIFICATION APPLICATION OF PROSPECTIVE BIDDER CITY OF CLEARWATER CONSTRUCTION PROJECTS TO: City of Clearwater Construction Division Attn: Alice Eckman, Construction Office Specialist 410 N. Myrtle Avenue or (P.O. Box 4748, Clw. FL. 33758-4748) Clearwater, Florida 33755 DATE: PURPOSE: To provide the City with reasonable assurance that the prospective bidder on City of Clearwater formal construction contracts has the financial assets, resources, work force, and work experience to successfully complete contemplated construction contract agreements with the City. CONTRACTOR FIRM NAME: BUSINESS ADDRESS: CITY - STATE - ZIP CODE: PHONE NUMBER: FAX NUMBER: E-MAIL ADDRESS: TYPE OF ORGANIZATION: (Individual, Corporation, Partnership, etc.) LIST ALL PRINCIPALS OF ORGANIZATION: (President, Vice-President, Secretary-Treasurer, Partner, etc.) DATE ORGANIZATION BEGAN UNDER PRESENT NAME: OTHER NAMES AND DATES UNDER WHICH ORGANIZATION EXISTED: REFERENCES: 1 I I I I I I I I I I I I I I I I I I I CONTRACTOR'S LICENSE NUMBER: INDIVIDUAL HOLDING LICENSE: ISSUING AUTHORITY: CLASSIFICATION OF LICENSE: HAS YOUR FIRM EVER FAILED TO COMPLETE WORK AWARDED TO YOU? IF SO, WHERE AND WHY? NUMBER OF FULL TIME EMPLOYEE'S DIRECTLY ON APPLICANTS PAYROLL: PRESENT VALUE OF AND GENERAL TYPE OF ALL CONSTRUCTION AND OPERATIONAL EQUIPMENT DIRECTLY OWNED BY THE APPLICANT (INFORMATION MAY BE OBTAINED FROM MOST RECENT FINANCIAL STATEMENT & INCLUDE LONG TERM LEASE/PURCHASE EQUIPMENT) : The pre-qualification to bid limitation is an amount of dollars equal to the amount of the largest single construction project which has been successfully completed by the Contractor. The pre-qualification amount is limited to the particular construction categories in which the Contractor is approved to perform work. This pre-qualification amount may be adjusted as the Contractor may successfully complete larger construction projects. The Contractor may exhibit where two or more similar projects were substantially accomplished by the Contractor at the same time where the aggregate amount of these projects in excess of the largest single project accomplished. This aggregate amount will be considered as the pre-qualification amount up to an amount equal to 150% of the largest single project amount. Pre- qualification amounts and categories may be limited as warranted by the City'S experience with the Contractor's construction projects. LARGEST SINGLE PROJECT COMPLETED BY THE CONTRACTOR: 1. AMOUNT: $ 2. DATE OF COMPLETION: 3. TYPE OF WORK: 4. OWNER/REFERENCE: Telephone Number Address 2 I I I I I I I I I I I I I I I I I I I PROJECT 1 PROJECT 2 PROJECT 3 1. AMOUNT: $ 2. DATE OF START OF WORK: 3. DATE OF COMPLETION: 4. TYPE OF WORK: 5. OWNER/REPRESENTATIVE: Telephone Number: Address: 1. AMOUNT: $ 2. DATE OF START OF WORK: 3. DATE OF COMPLETION: 4. TYPE OF WORK: 5. OWNER/REPRESENTATIVE: Telephone Number: Address: 1. AMOUNT: $ 2. DATE OF START OF WORK: 3. DATE OF COMPLETION: 4. TYPE OF WORK: 5. OWNER/REPRESENTATIVE: Telephone Number: Address: THE FOLLOWING THREE ADDITIONAL ITEMS ARE TO ACCOMPANY THIS APPLICATION: 1. A current Financial Statement for your company which will be returned uncopied upon completion of review. 2. A list of major projects completed (each project is to include type of work, dollar volume, name and phone number of project representative or owner) . 3. Three letters of reference are requested from owners your company has performed work for. The reference letters shall be on the owner's letterhead and contain the following information: A.) Location and type of work. B.) Dollar volume with your company. C.) Project owner's name, address & phone number. D.) Surety Company involved, if any. E.) Consulting Engineer or Architect, address and phone number. F.) Starting and completion dates. 3 I I I I I I I I I I I I I I I I I I I Pre-qualification is limited to particular construction categories or construction activities in which the Contractor has successfully completed construction projects or extensive work in the category in conjunction with larger project work. Following are the general categories of construction work which are available for contractor pre-qualification approval by the City of Clearwater. Check those categories for which your firm is seeking pre-qualification approval. To receive approval in a particular construction category, your application must contain documentation of successfully completed work experience in that category. This documentation is to be included in your firm's completed proj ect list as described above. In addition, your application must exhibit that your firm has sufficient equipment, resources, and employees on your firm's direct payroll to complete work as a prime contractor in each approved construction work category. Contractors with an insufficient work force or insufficient resources will not be approved for pre-qualification or will not receive pre-qualification in particular work categories. ASPHALTIC CONCRETE RESURFACING........... .......... BRIDGE CONSTRUCTION AND MODIFICATION.......... ..... COMMERCIAL BUILDINGS .............................. CONCRETE FLAT WORK (CURBS, WALKS, COURTS, ETC.). ... EXCAVATION/SITE WORK/CHANNEL STABILIZATION . . . . GUNITE RESTORATION.............. . . . . . . . . . . . . . . . . . . . HORIZONTAL DIRECTIONAL DRILLING. . . . . . . .. . . INDUSTRIAL PAINTING................................ LANDSCAPING & IRRIGATION .......................... MARINE CONSTRUCTION..... . . . . . . . . . . . . . . . . . . . . . . . . . . . MARINE DREDGING................................ . . . . ROADWAY AND PARKING LOT CONSTRUCTION............... SANITARY PUMP STATIONS............................. SANITARY AND STORM SEWERS................ ..... ..... TENNIS COURTS...................................... URBAN STREETSCAPE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WASTEWATER & WATER TREATMENT FACILITIES...... ...... WATER AND FORCE MAINS.............................. WELL CONSTRUCTION................ . . . . . . . . . . . . . . . . . . 4 I I I I I I I I I I I I I I I I I I I THE FOLLOWING INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. FIRM: BY: (Please Type) SIGNATURE: TITLE: (Owner, President, etc.) DATE: 5