Loading...
2007 STREET RESURFACING CONTRACT - 07-0011-EN -- - - I I I I I I I I I I I I I I I I I I I CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS 2007 STREET RESURFACING PROJECT CONTRACT #07-0011-EN prepared for ~ Clearwater - u ISSUED FOR BID MARCH 2007 I I I I I I I I I I I I I I I I I I I SECTION I ADVERTISEMENT OF BID I I I I I I I I I I I I I I I I I I I SECTION I ADVERTISEMENT OF BIDS & NOTICE TO CONTRACTORS 2007 STREET RESURFACING PROJECT CONTRACT #07-0011-EN CLEARWATER, FLORIDA Copies of the Contract Documents and Plans for this project are available for inspection and/or purchase by prospective bidders at the Municipal Services Bldg., Engineering Department, 2nd Floor, Room 220, 100 So. Myrtle Ave., Clearwater, Florida, between the hours of 8:30 a.m. and 4:30 p.m. Monday thru Friday, on FRIDAY, MARCH 16, 2007 until no later than close of business three days preceding the bid opening. A charge of $100.00, none of which will be refunded, will be made for each set. The work for which proposals are invited consists of: the asphaltic concrete resurfacing of approximately 10 miles of streets within the City of Clearwater, as listed herein and shown on the engineered drawings prepared by the City of Clearwater Engineering Department. The base bid for this project is to complete the resurfacing using S- Type Marshall Mix Design Asphaltic Concrete containing a maximum of 25 percent reclaimed asphalt pavement (RAP) with all millings retained by the City of Clearwater. A MANDATORY Pre-Bid Conference for all prospective bidders will be held on THURSDAY, APRIL 5, 2007 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 will be present to discuss this Project. Sealed proposals will be received by the Purchasine Manaser. at the Purchasine Office. located at the Municipal Services Bide.. 100 So. Myrtle Ave.. 3r Floor. Clearwater. Florida 33756- 5520. until 1:30 P.M. on THURSDAY, APRIL 19,2007, and publicly opened and read at that hour and place for 2007 STREET RESURFACING PROJECT (07-0011-EM. A complete bidders package containing plans, specifications, bond forms, contract form, affidavits and proposal form is available only to City pre-qualified contractors in the construction category of: ASPHALTIC CONCRETE RESURFACING with a minimum pre-qualification amount of $2.350.000. 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 SECTION II I I I INSTRUCTION I TO I BIDDERS 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 II INSTRUCTIONS TO BIDDERS Table of Contents: S ECTI 0 N II .......................... ................................................................... ............. .... ..... ... ............. i 1 COPIES OF BIDDING DOCUMENTS.......................................................................... 1 2 QUALIFICATION OF BIDDERS .................................................................................. 1 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE .................................1 4 INTERPRET A TI 0 NS AND ADD END A ........................................................................ 2 5 BID SECURITY OR BID BOND ....................................................................................3 6 CONTRA CT TIME.. ................ ......... ............................................................................... 3 7 LI Q VIDA TED DAMAGES ............................................................................................. 3 8 SUBSTITUTE MATERIAL AND EQUIPMENT ......................................................... 3 9 S UBC 0 NTRA CT 0 RS........................................................ ........................ ...................... 3 10 BID/PR 0 POSAL FORM.. ...... ........................ ....... .................................................. ........ 4 11 SUBMISSION OF BIDS ..................................................................................................4 12 MODIFICATION AND WITHDRAWAL OF BIDS .................................................... 5 13 REJECTION OF BIDS ....................................................................................................5 14 D ISQ U ALIFf CA TI ON OF BID D ER.............................................................................. 5 15 0 PENIN G OF BIDS ........ .......................................... ............................ ........................... 5 16 LICENSES, PERMITS, ROYALTY FEES AND TAXES ...........................................5 17 IDENTICAL TIE BIDSNENDOR DRUG FREE WORKPLACE ............................. 6 18 AWARD OF CONTRACT ............................................................................................... 7 19 BID PROTEST ... ................ ....... ......... ...................... ......... ......... ....... ................................ 7 20 TRENCH SAFETY ACT .................................................................................................8 SectionlI.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 II - Instructions to Bidders 1 COPIES OF BIDDING DOCUMENTS 1.1 Complete sets of the Bidding Documents are available for the sum stated in the Advertisement for Bid from the Office of the Purchasing Manager. 1bis 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. 1.2 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. 1.3 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. 2 QUALIFICATION OF BIDDERS 2.1 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, financial 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 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 3.1 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. , 3.2 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 SectionII.doc Revised: 5/1112005 Section II - Instructions to Bidders data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. 3.3 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. 3.4 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. 3.5 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. 3.6 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. 3.7 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. 3.8 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. 4 INTERPRETATIONS AND ADDENDA 4.1 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. SectionII.doc 2 Revised: 5/11/2005 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 I I I I Section II - Instructions to Bidders 4.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the City or Engineer. 5 BID SECURITY OR BID BOND 5.1 Each Bid must be accompanied by Bid Security made payable to the City of Clearwater in an amount equal to ten percent (10%) ofthe 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. 5.2 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. 5.3 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 CONTRACT TIME 6.1 The number of consecutive calendar days within which the work is to be completed is set forth in the Technical Specifications. 7 LIQUIDATED DAMAGES 7.1 Provisions for liquidated damages are set forth in the Contract Agreement. 8 SUBSTITUTE MATERIAL AND EQUIPMENT 8.1 The contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified 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 SUBCONTRACTORS 9.1 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%) ofthe Work except as may be specifically approved by the Engineer. If the Engineer, after due investigation, has reasonable objection to any proposed SeclionILdoc 3 Revised: 5/11/2005 Section II - Instructions to Bidders 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 Bid/Proposal Form is included with the Contract Documents and shall be completed in ink or by typewriter. All blanks on the Bid/Proposal Forms must be completed. The Bidder must state in the Bid/Proposal 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 Bid/Proposal 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 Sectionll.doc 4 Revised: 5/1 \12005 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 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 financial 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, ROYALTY 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 Sectionl1.doc 5 Revised: 5/11/2005 Section II - Instructions to Bidders and impact fees will be waived except as specifically stated otherwise in the Technical Specifications. 16.2 The Contractor shall assume 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, consumer, 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. SectionlI.doc 6 Revised: 5/11/2005 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 I I I I Section II - Instructions to Bidders 18 AWARD OF CONTRACT 18.1 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 colurtm of figures and the correct sum thereof will be resolved in favor ofthe correct sum. 18.2 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. 18.3 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. 18.4 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. 19 BID PROTEST 19.1 RIGHT TO PROTEST: Any actual bidder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of hislher complaints initially with the Purchasing Manager, and if not satisfied, with the City Manager, in accordance with protest procedures set forth in this section. 19.2 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 minimwn 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 docwnent itself. B. Protests in respect to award of contract shall be submitted in writing a maximwn 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 SectionII.doc 7 Revised: 5/11/2005 Section II - Instructions to Bidders coordinated with the appropriate Department Director and the Assistant City Manager. E. If the protestor is not satisfied with the response from the Purchasing Manager, 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 Manager. F. The City Manager as Purchasing Agent for the City has the final authority in the 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 ofa timely protest, the 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 interest of the City. 20 TRENCH SAFETY ACT 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 Health Administration's (OSHA) excavation safety standards, 29 C.F.R.s 1926.650 Subparagraph P, or current revisions of these laws. SectionII.doc 8 Revised: 5/1112005 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 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 0 N III .... .............. .............. ....... .......... .... ................ ......... .....:........ ...... ...... ..... ...... ......... ........... i GENERAL CONDITIONS .......................................................................... ............................... i 1 DE FINITI ON S ........ ...... ... .... .......... ........... ........ ..... ....... ........ ......... .... ........ ............... ........ 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 TIMEINOTICE TO PROCEED; STARTING THE PROJECT.......................................................................... ........ .............................. 4 2.4 BEFORE STARTING CONSTRUCTION ..................................................................... 5 2.5 PRECONSTRUCTION CONFERENCE ........................................................................ 5 3 CONTRACT DOCUMENTS, INTENT ......................................................................... 5 3.1 INTENT................................................................. .............................................. ............ 5 3.2 REPORTING AND RESOLVING DISCREPANCIES ..................................................6 4 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 DO NDS AND INSURAN CE ............................................................................................ 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 AUTOMOBILE 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 REGULA TIONS...................................................................................... 14 6.8 PERMITS.. ......... ..... ..... ..... ... ...... ... ..... ...... .......... ...... .... ................... ......... ...................... 14 6.9 SAFETY AND PROTECTION .... ................................................................................. 15 6.10 EMERGENCIES... ....... ......... ............. ........ ........ ...... ..... ............. ................ ........ ............ 15 6 .11 DRAWINGS.................................................................................................................. 16 SectionIIl.doc Revised: 5/11/2005 Section II1- General Conditions 6.11.1 SHOP DRA WINGS AND SAMPLES ......... ................ ....... ...................... ................. 1 6 6.11.2 AS-BUILT DRA WINGS.............................. ....................................................... ....... 1 7 6.11.3 CAD STANDARDS. ...... ................................... ............ ....................... ..... ................. 1 9 6.11.4 DELIVERABLES:.............. .............. ............ ............. .......... ....... ... ........................... 20 6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE........................... 21 6.13 CONTINUING THE WORK ........................................................................................ 21 6.14 INDEMNIFICATION ......................... .................... ........ ............................................... 2 1 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 REJE,CTING 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 DE FECTIVE WORK..... .......... ... ...... ....... ......... ........ ........... .... .......... .... ....... ........... 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 SectionlIl.doc ii 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 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 17 17.1 17.2 17.3 17.4 17.5 17.6 SectionIlI.doc D IS PUTE RESO L UTI 0 N .............................................................................................. 36 MIS eEL LANEO US ..................... .......................................................... ............. ........... 37 SUBMITTAL AND DOCUMENT FORMS ................................................................. 37 G IVIN G N OTI CE.......................................................................................................... 37 NOTICE OF CLAIM.. ......... .......... ...................... ....... .................... ................... ............ 37 PROFESSIONAL FEES AND COURT COSTS INCLUDED..................................... 37 ASSIGNMENT OF CONTRACT ................... .................... .......... ...... ................ .......... 37 RENEWAL OPTION....... ..... .......................... ........................... ..... .............................. 37 iii 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 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. Application for 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. SectionIlI.doc Revised: 5/11/2005 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. SectionlILdoc 2 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 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 ofthe 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. SectionIII.doc 3 Revised: 5/11/2005 Section III - 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. SectionIII.doc 4 Revised: 5/1 112005 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 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 SectionIlI.doc 5 Revised: 5/1112005 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 Modific.ations 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 Sectionlll.doc 6 Revised: 5/11/2005 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 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 SectionIlI.doc 7 Revised: 5/11/2005 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 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 I I I I 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 satisfactory 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 shall 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 Injury 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 ; SectionIlI.doc 9 Revised: 5/1 \12005 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. Lon2shore and Harbor Worker's Comoensation Act: Section 32 of the Act, 33 D.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 SectionIII.doc 10 Revised: 5/11/2005 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 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 SectionIlLdoc II Revised: 5/lI/2005 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 SectionIlI.doc 12 Revised: 5/11/2005 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 I I I I Section III - Geneml 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 of the 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 SectionIII.doc 13 Revised: 5/1 1/2005 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. SectionIll.doc 14 Revised: 5/11/2005 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 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 . SectionIII.doc 15 Revised: 5/11/2005 Section IIl- 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 SectionlJI.doc 16 Revised: 5/1 112005 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 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 61GI7-6, 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: 61GI7-6.002(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 SectionIILdoc 17 Revised: 5/11/2005 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 blueline 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 61GI7 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. SectionIIl.doc 18 Revised: 5/1 1/2005 I I I I I I I I I I I I I IaI 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 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 amang 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 DRNE 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 Dfi"f SectionIII.doc 19 Revised: 5/1 1/2005 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 comers, monumentation BENCH benchmark, temporary benchmarks Other layers may be created as required, using above format. 6.11.3.2 Laye r 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) Rl 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 DESC BCV ELEV 25.00 or Comma Delimited ASCII File: 284,361003.838,264286.635,25.00, BCV (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 rIle shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All blo~k references and references contained within the drawing me shall be included. SectionllI.doc 20 Revised: 5/11/2005 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 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 thereofby 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 SectionIII.doc 21 Revised: 5/11/2005 Section III - 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 SectionIII.doc 22 Revised: 5/11/2005 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 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 thefresponsibilities and the limitations of authority of Engineer as Owner's representative during SectionIIl.doc 23 Revised: 5/1112005 Section 111- 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 Contract 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 SectionIIl.doc 24 Revised: 5/11/2005 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 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 SectionlIl.doc 25 Revised: 5/ II /2005 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 SectionIlI.doc 26 Revised: 5/11/2005 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 I I I I Section IIl- 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. SectionIll.doc 27 Revised: 5/11/2005 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 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 I I I I Section 1Il- General Conditions If Laws or Regulations of any public body having jurisdiction require any Work (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. SectionIIl.doc 29 Revised: 5/11/2005 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 ofloss 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 SectionlII.doc 30 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 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. SectionIlI.doc 31 Revised: 5/11/2005 Section IIl- 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 of liens. 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 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 Pinal 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, SectionllI.doc 33 Revised: 5/1 \12005 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. SectionIlI.doc 34 Revised: 5/11/2005 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 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. SectionllI.doc 35 Revised: 5/1 1/2005 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, Clect 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: 5/11/2005 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 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 firm or to an officer of the corporation for whom it is intended, or if delivered or sent by registered or certified 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 officers, 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 first 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 specified in the contract specifications 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. SectionIlI.doc 37 Revised: 5/1112005 I I I I I I I I I I I I I I I I I I SECTION IV TECHNICAL SPECIFICA TIONS I I I I I I I I I I I I I I I I I I I 1.1 SCOPE OF WORK CHECKLIST Project Name: 2007 STREET RESURFACING PROJECT Contract Number: 07-0011-EN The following Articles of the Technical Specifications will apply to this contract if marked "X" as shown below: 1 X Scone Of Work 2.1 Line. Grade And Record Drawin!!s-bv Contractor 2.2 Line. Grade And Record Drawin!!s-bv Citv 3 X Definition of Terms 4 X Order And Location Of The Work 5 Excavation For Undenrround Work 6 Concrete 7 Excavation And Forms For Concrete Work 8 Reinforcement 9 Obstructions 10 X Restoration Or Renlacement OfDrivewavs Curbs Sidewalks And Street Pavement 11 X Work In Easements Or Parkways 12 Dewaterin!! 13 X SanitarY Manholes 14 Backfill 15 Street Crossin!!s Etc. 16 Raisin!! Or Lowerim! Of Sanitary Sewer. Storm Draina!!e Structures 17 Unsuitable Material Removal 18 Underdrains 19 Storm Sewers 20 SanitarY Sewers And Force Mains 21 Draina!!e 22 X Roadwav Base And Subrade 23 X Asnhaltic Concrete Material 24 X Ad1ustment To The Unit Bid Price For Asnhalt 25 General Plantinl! Snecifications 26 Hdne Deformed-Reformed Pine Linin!! 27 Plant Mix Drivewavs 28 Renortin!! OfTonna!!e OfRecvcled Materials 29 Concrete Curbs 30 Concrete Sidewalks And Drivewavs 31 Soddin!! 32 Seedinl! 33 Storm Manholes Inlets Catch Basins Or Other Storm Structures 34 Material Used 35 X Conflict Between Plans And Snecifications 36 X Street Sil!lls 2007 Street Resurfacing Project Additional Specifications I I I I I I I I I I I I I I I I I I I 37.1 AudioNideo Tane Of Work Areas-Bv City .37.2 X AudioNideo Tane Of Work Areas-Bv Contractor 38 X Erosion And Situation Control 39 Utility Tie In Location Marketin~ 40 X A ward Of Contract Work Schedule And Guarantee 41 Water Main and Annurtenances 42 Gas System Snecifications 43 Tennis Courts 44 X Work Zone Traffic Control 45 Cured-In-Place Pine LininS! 46 Snecifications for Polyethylene Slin Linin~ 47 Snecifications for Polwinvl Chloride Pine 48 Gunite Snecifications 49 Sanitary and Storm Manhole Liner Restoration 50 X Proiect Information Sims 51 In-Line SkatinS! SurfacinS! System 52.1 Resident Notification of Start ofConstruction-bv City 52.2 X Resident Notification of Start of Construction-by Contractor 53 Gabions and Mattresses 54 Lawn Maintenance Snecifications 55 X Mi11in~ Onerations 56 Clearin~ and Grubbin~ 57 Rinran 58 Treatment Plant Safety 59 Traffic Simal Eouinment and Materials 60 X SiQ11in~ And MarkinS! 61 Roadwav Li~htinS! 62 X Tree Protection 63 Proiect Web PaS!es TIME: 120 DAYS 2007 Street Resurfacing Project Additional Specifications I I I I I I I I I I I I I I I I I I I Section IV-Technical Specifications 2007 STREET RESURFACING PROJECT (07-0011-EN) 1 SCOPE OF WORK 1.1 SCOPE DESCRIPTION The work proposed in this contract includes the asphaltic concrete resurfacing of approximately 10 miles of streets within the City of Clearwater as listed herein and shown on the engineering drawings prepared by the City of Clearwater Engineering Department, Sheets 1 through 8 of 8. The base bid for this project is to complete the resurfacing using S-type Marshall mix design asphaltic concrete containing a maximum of 25-percent reclaimed asphalt pavement (RAP) with all millings retained by the City of Clearwater. One alternative bid is requested: 1. The Contractor retains project millings. ASPHALTIC CONCRETE - Unless otherwise specified herein, asphalt resurfacing work shall be performed in accordance with the Section IV, Article 23 of the City's Contract Specifications. One inch (1") of S-III shall be used on all streets and proposed speed tables, except that one and one-half inches (1 W') ofS-I asphalt shall be placed on Betty Lane (palmetto Street to Drew Street), SR 580 (patch), Missouri Ave. (Drew Street to Court Street), Court Street (patch), Martin Luther King Ave. and Court Street (patch) with payment to be per ton. All radius returns shall be milled and paved a minimum 50 feet on the cross street beyond the point of tangency of the cross street unless otherwise directed by the Project Inspector, with payment to be included in the appropriate per ton bid item for asphalt and milling. All transverse and longitudinal joints must be smooth and level; longitudinal joints must be located on the edge of the travel lane or in the center of the travel lane. A crowned surface should be attained unless otherwise directed by the Project Inspector. ORDER AND PRIORITY OF WORK - The order and priority of the resurfacing work will, in general, be established at the pre-construction conference. As other construction activities are scheduled within this proposed work area, resurfacing must be coordinated with these activities through the Project Inspector and Project Engineer. The Project Engineer, Project Inspector, and Assistant Director of Public Services reserve the right to alter the order of work as may be needed during the course of the contract with proper advance notification to the Contractor. The work in each area shall be completed prior to moving to the next area. NOTICE BY CONTRACTOR TO INSPECTOR FOR LOCATION OF WORK - The Contractor shall provide the Project Inspector a minimum of 48 hours notice of the intended time and location of work. This will be strictly adhered to so that the Inspector can schedule inspections in advance. SWEEPING - The Contractor shall pay particular attention to the sweeping in this contract. Before paving, the construction areas shall be swept with the broom tractor method in conjunction with a municipal type sweeper either of the vacuum or the mechanical type, that picks up and hauls off dust and dirt. All sweepers, including broom tractors, shall be equipped with its own water supply for pre-wetting to minimize dust. The Contractor shall supply a water truck if necessary for efficient project progression. Moreover, the Contractor shall sweep debris off of sidewalks, driveways, curbs and utility structures in addition to the roadways immediately after milling. CONTRACTOR'S CONTACT WITH CITIZENS - The Contractor shall conduct business in a professional manner and be courteous to citizens. Citizen inquiries or questions that the Contractor cannot answer, or are of a controversial nature, should be forwarded to the Project Inspector. 2007 Street Resurfacing Project 1 Revised 211512007 Section IV-Technical Specifications HYDRANT METERS - The Contractor shall obtain hydrant meters by contacting Utility Customer Service a minimum of 48 hours prior to the paving operation. Also, the Contractor shall schedule the locations with the City's Utility Department. MILLING - The Project Engineer or Project Inspector will give specific directions as to the location of milling operations and the application of leveling andlor the wearing course on a street-by-street basis. In cases where concrete valley swales are present, the adjoining pavement shall be milled to allow for the new asphalt grade to be flush with the concrete surface. In addition, intersections, as well as other areas (including radius returns), are to be milled a minimum of 50 feet in both directions from the low point of the existing swale, and repaved so as to restore andlor improve the original drainage characteristics. For additional milling specifics and information, see Section IV, Article 55 of the City's Contract Specifications. There will be three types of milling for this contract: 1. Wedge (up to 2") - This will consist of milling a six foot wide strip along the curb line of the pavement adjacent to the curb so the new asphalt will align with the original curb height and pavement cross section. Payment for wedge milling will be based on a six-foot width. 2. Full Width (up to 2") - This will consist of milling the entire roadway (Le. curb line/edge of pavement to curb line/edge of pavement). All existing horizontal and vertical geometry shall remain unless otherwise indicated or approved by the Engineer or Inspector. 3. Full Width (up to 3") - same as number 2 above. Detail milling shall be required around any and all utility structures, traffic calming devices, curbs or wherever required to complete a properly milled surface for paving. Utility structures may include, but are not limited to, manholes, storm grates, lamp holes, water valve boxes, reclaimed water valve boxes, gas valve boxes, tree aeration units, clean-outs, utility vaults and monitoring wells. Any joints between existing and new asphalt shall be milled for the entire length of the joint to achieve a smooth transition. The Contractor shall be responsible for removing any asphalt and debris from milling that remain in the curb line, median curbs andlor any utility structure. Any utility structure contaminated with milling shall be vacuum cleaned at the direction of the Project Inspector after the milling operation of a street is complete. The cost of this removal shall be included in the bid item price for the type of milling performed on that street. The City will keep all millings except as a condition of Alternative Bid #1, the Contractor retains millings. The Contractor shall transport and stockpile all material at our Maintenance yard on Arcturas Avenue. The contact person will be Mr. Don Filmon at 727-562-4950, extension 7202. VEGETATION CONTROL PRIOR TO RESURFACING - The Contractor shall herbicide and kill all grass and vegetation a minimum of five days before the paving operation. The herbicide used shall effectively prevent the vegetation from coming though the new paving. The cost of this vegetation control is to be included in the cost of resurfacing. The Contractor shall also edge the grass and yards adjacent to streets with no curbs prior to resurfacing to expose the edge of the existing pavement. PAY ITEMS AND NON-SPECIFIC WORK - Work for which a specific pay item is not provided 2007 Street Resurfacing Project 2 Revised 211512007 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 I I I I Section IV-Technical Specifications should be included in the most appropriate pay item included in this project. ADJUSTMENT OF UTILITY STRUCTURES - The Contractor shall complete any necessary adjustments of sanitary sewer and stormwater utility manholes and appurtenances. The Contractor will be paid a unit price for each adjustment. The Contractor's attention is called to Section IV, Article 23(G) of the technical specifications describing the adjustment of utility manholes and valves boxes. All utility structures on the surface of the roadway, whether City or privately owned, shall be fitted with the approved riser of other approved adjustments prior to resurfacing. The paving operation must closely follow these adjustments, never exceeding seven (7) calendar days. When seven (7) calendar days is approaching, the Contractor will be instructed to concentrate fully on paving these areas and stop all other work. Compacted material around appurtenances shall be asphalt (the use of portland concrete is not acceptable). It is the responsibility of the Contractor to inform the owners of all utilities of impending work and coordinate their adjustments so they are completed before the paving schedule. The location of utilities will be discussed at the preconstruction conference. The Contractor shall take notice of the following utilities: 1. Manholes - On arterial roadways, the rims of manholes are to be ramped with asphalt during the time period between initial adjustment and final resurfacing. The use of manhole risers for necessary adjustments is acceptable under the following conditions: a. Prior to paving, the Contractor must examine all manhole covers that are required to be raised within project limits so that the risers can be made to order. Said examination should note the following: diameter and thickness of the cover, is the cover tapered or square edged, and amount of rise needed. The examination should also note if any rings are damaged. All damaged areas should be brought to the attention of the Project Inspector immediately after they are discovered. All rings that the Project Inspector deems in poor condition shall be replaced per City Index 301. b. The paving operation shall occur within seven (7) calendar days of placement of the riser. c. If the riser does not fit properly in the opinion of the Project Inspector, the Contractor shall adjust the manhole per the procedure listed in Section IV, Article 13 of the project scope. d. The riser shall meet or exceed all requirements listed in Section IV, Article 23.7 of the City's technical specifications. All manholes must be adjusted prior to final resurfacing. Necessary utility adjustments will be paid for by one of three line items: riser installation, manhole adjustment (per Article 13), or ring replacement (per City Index 301). 2. Storm Grates - Detail milling shall be used to ensure that drainage characteristics are preserved. Steep drops to storm grates caused by asphalt overlay will not be permitted. 3. Catch Basins - The elevation of new asphalt in front of any catch basin opening (throat) must match the elevation of the existing concrete curb face in front of the catch basin. 4. Reclaimed Water Valve Boxes - Every reclaimed water valve box in the project area shall be adjusted unless approved risers can be obtained by the Contractor. 5. Utilities Not Owned by the City of Clearwater - Before paving, the Contractor shall obtain risers rings or provide necessary adjustments to any large utility manholes not owned by the City. Such risers are available from the utility. 2007 Street Resurfacing Project 3 Revised 2/15/2007 Section IV.Technical Specifications 6.Water Valve Boxes - Single piece riser rings available for round water valve boxes are allowed and are to be provided by the Contractor. The Contractor shall be responsible for providing risers or adjusting all water valve boxes. 7. Gas Valve Boxes - Single piece riser rings available for round gas valve boxes are allowed and are to be provided by the Contractor. The Contractor shall be responsible for providing risers or adjusting all gas valve boxes. All adjustment to existing structure shall comply with FDOT specifications, Section 425-6.8. All water (potable and reclaimed) and gas valves, sewer cleanouts, tree aeration vents, etc. shall be adjusted by the Contractor with the cost for this work to be included in the unit cost of the asphalt. Care shall be taken to locate and identify all said appurtenances to ensure that they are not paved over. PROGRESS MEETINGS - Progress meetings may be called by either the Contractor or the City to discuss the project. The Contractor must schedule the work effort and use multiple crews as needed for milling, resurfacing, etc. to accomplish all required work within the allotted contract time. RESIDENT NOTIFICATION - The Contractor shall notify residents per Section IV, Article 52 of this contract and businesses affected by the work seven (7) days in advance of construction. The Contractor shall also place notices on all vehicles parked on streets to be paved 24 hours prior to the paving operation. The Contractor shall notify businesses about access routes and times 72 hours prior to paving operation. TRAFFIC CONTROL - Traffic control shall be the responsibility of the Contractor, with the cost included in the cost of resurfacing. Two-way traffic should be maintained if at all possible. All road closures shall require proper signage and detour in accordance with all applicable FDOT standards. See Section IV, Article 44 of this project scope for additional traffic control details and specifications. Detailed plans for traffic maintenance shall be submitted to and approved by the Project Inspector prior to the commencement of work. Referencing FDOT Indexes is not sufficient to be considered a detailed plan. The Contractor must submit his traffic control plans to the City as soon as possible after award, but at least by the pre-construction meeting, for review and approval. PAVEMENT MARKINGS: All existing pavement markings shall be replaced. Striping shall be replaced on the same day paving of a section is completed or on the following day if the proper Maintenance of Traffic is left in place overnight. The Project Inspector may require temporary striping. The markings shall be Fast Dry Traffic Paint and shall be listed on the FDOT Qualified Product List. Care shall be exercised to protect newly painted areas from traffic until the paint is dry TRAFFIC SIGNAL LOOP DETECTORS: Existing traffic signal loops in sections of roadway being milled and resurfaced will be replaced by the City's Traffic Operations section. Traffic Operations will identify all existing loops in roadway sections to be milled at the preconstruction conference. The Contractor shall contact the Traffic Operations Manager, Paul Bertels, at 727-562- 4794 a minimum of two (2) full working days prior to beginning milling operations in the vicinity of existing loop detectors. NOTE: THE CONTRACTOR SHALL NOT INTERFERE WITH THE WORKINGS OF ANY TRAFFIC SIGNAL. STREET SIGNS - Removal or relocation of signs by the Contractor is prohibited on this project (see Section IV, Article 36). 2007 Street Resurfacing Project 4 Revised 2/15/2007 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 I I I I Section IV-Technical Specifications SPEED TABLES - The Speed Tables shall be installed per Exhibit "A" attached. Type S-III Asphalt shall be used in the construction of the Speed Tables. The Speed Tables will be placed on Abbey Lake Road, a portion of Homestead Court, Homestead Oaks and Mariva Avenue (from Drew Street to Maple Street). Location of Speed Table shall be coordinated through the project inspector. EROSION CONTROL - In any non-paved area used to store materials or any other purpose to allow for project completion, the Contractor shall be required to place sediment traps around all storm inlets within the scope of the project and to maintain them until the work is completed (see Section N, Article 38). The Contractor is to perform all construction activity so as to prevent soil erosion into adjacent roadways or drainage features in accordance with City Environmental standards. TRACKING PREVENTION - The Contractor is responsible for preventing the tracking of asphalt and tack onto nearby roadways from any vehicle whether owned by the Contractor or not. 1. Sand and scratch pads -The Contractor shall place sand where vehicles exit the tacked area to reduce tracking. Moreover, a scratch pad, a thin pull of asphalt put down at the end of a course, can be used to remove loose tack from the tires of a construction vehicle before it exits the site. 2. Pavers - The Contractor shall clean any brick pavers in the roadway of all tracking caused by the work. 3. Striping - The Contractor shall restore any striping tracked over at no cost to the City. 4. Nearby intersections - The Contractor shall immediately clean up all tack accumulations at nearby intersections. 5. Tack overspray- The Contractor shall clean up all tack overspray. SOD REPLACEMENT AND THE REPAIR OF SPRINKLER SYSTEMS - Sod disturbed by project construction shall be replaced by the Contractor with the cost included in other bid items. Replacement sod shall match the existing type and be watered until growth is established. Also, the Contractor is responsible to repair sprinkler systems damaged by project construction with the cost included in other bid items. Damaged sprinklers shall be repaired and be functional prior to the placement of new sod. PRE-BID INSPECTION OF WORK SITES - The Contractor is responsible to review all work locations prior to bidding. MEASUREMENT OF CONTRACT QUANTITIES - The Contractor shall provide the Project Inspector a list of construction quantities (including square yards and tons of material used) for each street on a weekly basis and preceding each payment. This information is needed to charge specific budget codes within the City's capital improvement program. ASPHALTIC INDEX ADJUSTMENT - The Contractor's attention is called to Section N, Article 24 of the technical specifications which describes an allowable variation for the price adjustment of asphaltic concrete based on the DOT Asphalt Index. If the change in the Asphalt Index is more than 10% up or down, then the price change will be adjusted on the final billing. The City maintains the right to adjust the contract work amount subject to a significant change in the asphalt index. NOTICE TO PROCEED - The notice to proceed will be issued immediately after the award of contract and the pre-construction conference is complete. 2007 Street Resurfacing Project 5 Revised 2/15/2007 Section IV-Technical Specifications START OF PROJECT WORK - The Contractor shall begin project work within thirty (30) days of the execution of the contract. COORDINATION OF THE WORK WITH CONTRACTOR'S SUPERVISOR - This project has many work areas and will require close coordination between the Contractor's personnel and City staff. To facilitate this coordination, the City will require that the Contractor's job site foreman or superintendent for this project have a working cellular phone at all times during the working day and that the City's staff will be able to make contact with the Contractor's representative with this cell phone. The cost for this requirement is to be included in the unit costs of the project. VIDEO TAPE - It is the responsibility of the Contractor to video tape all work areas. See Article 37 of this contract. THE CITY ALTERING PROJECT WORK - Quantities contained in the contract proposal are for the work in the defined areas. The order of work will be determined by the City at the pre-construction conference. The City reserves the right, as additional funding may become available, to extend the contract by change order. Any such additional work will be performed at the current contract prices. The Contractor may, at his discretion, choose not to perform additional work that he believes to be dangerous or not in keeping with the character of the known work in this contract. In addition, the City reserves the right to delete or alter project locations if deemed necessary (see Section III, Article 10). STAGING AREA - The Contractor shall make provisions for his own staging areas. The Contractor must provide written permission by owner of property five (5) working days before occupying any staging area, including City owned property. The Contractor will bring the permission letter(s) for the first staging area to the Pre-construction meeting. The Project Inspector can assist the Contractor to determine if any City properties are available to use as staging areas. All staging areas must be restored to the original condition or better. STORAGE OF MATERIALS - The Project Inspector may authorize the storage of material in public right-of-way on streets where traffic will not be disrupted. Said storage areas must be kept small, be barricaded, and be swept daily. They must also be separated from traffic lanes, not hinder driveways, and cannot cause any erosion problems. The Contractor is responsible for restoring all storage areas to their original condition. DEBRIS DISPOSAL - All debris shall be hauled off the job site by the Contractor in a timely manner and at his own expense in conformance with all regulatory requirements. The Contractor shall at all times keep the premises free of accumulated waste materials, rubbish or other debris caused by his work. The Contractor is to include in each pay request a tonnage of project materials that have been diverted from normal solid waste disposal sites and were recycled in accordance with State of Florida reporting requirements. PROJECT SAFETY - The Contractor shall take all necessary safety precautions to protect the general public, City personnel, members of his work force, and property. The Contractor shall comply with the latest OSHA requirements. See Part 6.9 of Section III for more specifics. PROTECTION OF ADJACENT PROPERTY - If adjacent property is affected or endangered by any work done under this contract, it shall be the responsibility of the Contractor to take whatever steps are necessary to protect the adjacent property and notify the Project Inspector. CONFLICT BETWEEN THE PLANS AND THE SPECIFICATIONS - The more stringent requirement shall apply whenever a conflict appears between the plans and the specifications (see 2007 Street Resurfacing Project 6 Revised 2115/2007 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 I I I I Section IV-Technical Specifications Section IV, Article 35). ASPHALTIC ROADWAY RESTORATION - Any required base replacement or other roadway restoration caused by project work, or deemed necessary by the Project Inspector, shall be Type S-ill asphalt. Said replacement/restoration, including preparation and compaction, shall be paid for out of the per ton bid item for the type of asphalt used. OVERTIME INSPECTION - The City's Construction Division does not have sufficient funding to provide for overtime inspection. The Contractor is required to perform work that requires immediate inspection during normal working hours. The Contractor may perform work that does not require immediate inspection at his own schedule. The Contractor will be charged $40.00 per hour for overtime inspection. Payment for Project Inspector overtime inspection shall be made by check payable to the City of Clearwater within thirty (30) days of invoicing by the City. PROJECT SIGNS - The Contractor's attention is called to the bid item for project signs and Section IV, Article 50 ofthe project scope. Project signs shall be required for all active work sites. DIRECTION TO CONTRACTOR - The Contractor is to only take direction from the City's Project Inspector, Project Engineer, or Assistant Director of Public Services. The Project Inspector shall be the primary contact for the City. Ignoring or failure to comply with directives of the Project Inspector to the Contractor's Superintendent shall be grounds for removal of the Superintendent from the job for the remainder of the contract. ACCEPTANCE OF THE WORK - The Contractor is responsible for all work until final acceptance by the City. All project installations shall be warranted by the Contractor for one year (see Section ill, Article 13.5). CONTACT PERSON - Contact Donald Melone @ 727-562-4798 for questions or concerns prior to the pre-construction conference. Contact Perry Lopez @ 727-462-6988 after the pre-construction conference. AMOUNT OF WORK TO BE UNDER CONSTRUCTION AT ONE TIME - The amount of work under construction at any given time shall be such that ::111 mi11f'n ::Ire::l~ ::Ire re~llrf::lCf'n wlthln ~even (7) c::Ilenci::lr c1::1Y~ from the commencement of the m1111ne opemtlon. The Project Inspector must approve the milling of new streets. Said Inspector has the right to stop the project if resurfacing is not being completed within the seven (7) calendar day time frame. AS-BUILT PLANS - The Contractor shall submit two marked sets of as-built construction drawings prior to each payment submittal. As-built plans shall be "redlined" over the original construction drawings. PAYMENT - Payment for services will be contained in the following contract bid items. 1) Wedge mill (up to 2"); 2) Full width mill (up to 2"); 3) Full width mill (up to 3"); 4) Asphaltic Concrete resurfacing Type S-ill; 5) Asphaltic Concrete resurfacing Type S-I; 6) Adjust inlet top; 7) Manhole riser installation; 8) Manhole adjustment per Article 13 of the scope; 9) Ring replacement per City Index 301; 10) Striping; and 11) Project signs. 12) Temporary Stripping. An alternative bid is also requested for the Contractor retaining the project millings. The Contractor's costs for provision of a cell phone, repair of damaged sprinklers, sweeping, transport and stockpiling of millings, herbicide, sod/sidewalk/driveway restoration as part of curb replacement, examination of all manholes, preparation/compaction/restoration of roadways, erosion control, video taping, restoration of all storage and staging areas, debris removal, and traffic control shall be included in the above mentioned 2007 Street Resurfacing Project 7 Revised 2115/2007 Section IV-Technical Specifications pay items. PROJECT: 2007 STRRRT RRSIJRFAClNG PRO-mCT (07-0011-RN.) ARTICLE 40. - AWARD OF CONTRACT, WORK SCHEDULE AND GUARANTEE: It is further required that all work within this contract be completed within un consecutive calendar days. Contract date to commence at issuance of notice to proceed. If the Contractor fails to complete the work within the stipulated time, the City will retain the amount stated in the Contract, per calendar day, for each day that the contract remains incomplete. The work shall be discontinued on Saturdays, Sundays, and approved Holidays. If it becomes necessary for the Contractor to perform work on Saturdays, Sundays, and approved City of Clearwater Employee Holidays, that in the opinion of the Engineer, will require the presence of Inspectors, the Contractor shall pay the City of Clearwater, Florida, the amount of Three Hundred Twenty dollars (~i?O 00) per eight-hour day for each Inspector given such assignment. 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. 2007 Street Resurfacing Project 8 Revised 2/15/2007 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 I I I I Section IV - Technical Specifications 2 LINE, GRADE AND RECORD DRAWINGS 2.1 LINE AND GRADE SHALL BE PERFORMED BY THE CONTRACTOR Benchmarks to be used shall be those as shown on the plans. Control points (for alignment only) shall be established by the Engineer. Contractor shall submit cut sheets for all underground work 24 hours in advance of commencement of the work for checking.' Checking of cut-sheets does not relieve the Contractor of any responsibilities for any errors or conflicts whatsoever. Cut sheets shall be submitted in triplicate. The Contractor shall provide three complete sets of Record construction drawings prior to final payment being made. 2.2 LINE AND GRADE SHALL BE PERFORMED BY THE CITY At the completion of all work the contractor shall be responsible to have furnished to the project inspector a replacement of the wooden lath and stakes used in the construction of this project. Excessive stake replacement caused by negligence of Contractor's forces, after initial line and grade have been set, as determined by the City 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. Minimum charge is $100.00. The City will generate the project Record construction drawings. 3 DEFINITION OF TERMS For the purpose ofthese 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 o.r corporation with whom this contract or agreement has been made by the City of Clearwater or its duly authorized representative. Inspector An authorized representative of the City Engineer of Clearwater, assigned to make official inspections of the material furnished and the work performed by the Contractor. RD. 0. 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.W:S. American Welding Society SectionIV.doc Page 4 Revised: 5/1112005 '\ .\ ... I I I I I I I I I I I I I I I I I I I Section IV - Technical Specifications A.S. T.M American Society for Testing Materials A.S.A. American Standards Association A.N8.!. American National Standards Institute A. W WA. American Water Works Association o.S.HA. Occupational Safety & Health Administration A. c.!. 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. 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 [mal 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 of the 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 of the 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. 5 EXCAVATION FOR UNDERGROUND WORK The contractor is responsible to take all necessary steps to conduct all excavation in a manner which provides for the successful completion of the proposed work while at all times maintaining the safety of the workmen, the general public and both public and private property. The contractor's methods of work will be consistent with the standard practices and requirements of all appropriate Safety Regulatory Agencies, particularly the Occupational Safety and Health Administration (OSHA) requirements for excavation. Unless otherwise specifically stated in these plans and specifications, the methods of safety control and compliance with regulatory agency safety requirements are the full and complete responsibility of the contractor. For the purposes of the Contractor's safety planning in the bidding process, the contractor is to consider all excavation to be done in the performance of this contract to be in soil classified as OSHA "Type C". The Contractor's attention is called to specific requirements of OSHA for SectionIV.doc Page 5 Revised: 5/11/2005 Section IV - Technical Specifications excavation shoring, employee entry, location of excavated material adjacent to excavation, the removal of water from the excavation, surface encumbrances and in particular the requirement of a "Competent Person" to control safety operations. The Contractor will identify his Competent Person to City staff at the start of construction. City staff are required from time to time to perform inspections, tests, survey location work, or other similar activity in an excavation prepared by the contractor. City staff in conformance with the OSHA Excavation Safety Requirements are to only enter an excavation in compliance with these OSHA standards. The City's staff reserve the option to refuse entry into the Contractor's excavation if, in the opinion of the City's staff, the entry into the Contractor's excavation is unsafe or does not conform OSHA requirements. If this circumstance occurs, the contractor must either provide the necessary safety requirements or provide alternate means for the accomplishment of the City's work at the Contractor's expense. The restoration quantities, if any, contained in the bid proposal for this contract to not contain sufficient quantities to allow the contractor to perform excavation work using strictly the "open cut" method whereby no shoring systems are used and trench side slopes are cut to conform to OSHA safety requirements without a shoring system. In addition to safety reasons, the Contractor is required to use excavation and trench-shoring methods in compliance with all safety requirements which allow the Contractor to control the amount of restoration work necessary to complete the project. Not more than one hundred (100) feet of trench shall be opened at one time in advance of the completed work unless written permission is received from the Engineer for the distance specified. For pipe installation projects, the trench shall be six (6) inches wider on each side than the greatest external horizontal width of the pipe or conduit, including hubs, intended to be laid in them. The bottom of the trench under each pipe joint shall be slightly hollowed, to allow the body of the pipe to rest throughout its length. In case a trench is excavated at any place, excepting at joints, below the grade of its bottom as given, or directed by the Engineer, the filling and compaction to grade shall be done in such manner as the Engineer shall direct, without compensation. 6 CONCRETE Unless otherwise directed, all concrete work shall be performed in accordance with the latest editions of the Design and Control of Concrete Mixtures by the Portland Cement Association, the American Concrete Institute, and FDOT's Standard Specifications. All appropriate testing shall be performed according to the American Society of Testing Materials. Unless otherwise specified, all concrete shall have fiber mesh reinforcing and have a minimum compressive strength of 3000 p.s.i. at 28 days. The cement type shall be Type I and shall conform to AASHTO M-85. The aggregate shall conform to ASTM C-33. All ready mix concrete shall conform to ASTM C-94. The slump for all concrete shall be in the range of 3" to 5", except when admixtures or special placement considerations are required. The Contractor shall notify the Project Inspector a minimum of 24 hours in advance of all concrete placement. All concrete shall be tested in the following manner: Placement of less than 5 cubic yards (cy) shall be tested at the Engineer's discretion. Otherwise, for each class, for each day, for every 50 cy or part thereof exceeding 5 cy, one set of 3 compressive strength cylinders will be required (1 at 7 days and 2 at 28 days). At the discretion SectionIV.doc Page 6 Revised: 5/1112005 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 I I I I Section IV - Technical Specifications of the Engineer, unacceptable test results may require the Contractor to provide further tests, as determined by the Engineer, to determine product acceptability, or need for removal, and compensation or denial thereof. 7 EXCAVATION AND FORMS FOR CONCRETE WORK 7.1 EXCAVATION Excavating for concrete work shall be made to the required depth of the sub grade or base upon which the concrete is to be placed. The base or subgrade shall be thoroughly compacted to a point 6" outside said concrete work before the forms are placed. Concrete shall be poured "in the dry". 7.2 FORMS Forms for concrete work shall be either wood or metal (except curbs, metal only, unless by written permission from Engineer). They shall be free from warps or bends, shall have a depth equal to the dimensions required for the depth of the concrete deposited against them and shall be of sufficient strength when staked to resist the pressure of concrete without moving or spnngmg. 8 REINFORCEMENT When required, reinforcement shall be placed in the concrete work. Bar reinforcement shall be deformed: ASTMA-A 615, steel shall be billet Intermediate or Hard Grade: Rail Steel A.A.S.H.T.O. M42. Twisted Bars shall not be used, Fabric Reinforcement shall conform to the requirements of AASHTO M55 (ASTM AI85). Welded deformed steel wire fabric for Concrete reinforcement shall meet the requirements of AASHTO M 221 (ASTM A497). Epoxy coated reinforcing Steel Bars shall meet ASTM 775/A77 M-86 requirements. 8.1 BASIS OF PAYMENT Reinforcement shall not be paid for separately. The cost of such work shall be included in the contract unit price for the item of work specified. 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 of the 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 of the 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 of the 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. SectionlV.doc Page 7 Revised: 5/11/2005 Section IV - Technical Specifications 10 RESTORATION OR REPLACEMENT OF DRIVEWAYS, CURBS, SIDEWALKS AND STREET PAVEMENT Driveways, sidewalks, and curbs destroyed or damaged during construction shall be replaced and shall be the same type of material as destroyed or damaged, or to existing City Standards, whichever provides the stronger repair. All street pavement destroyed or damaged shall be replaced with the same type of material, to existing City Standards, unless the existing base is unsuitable as determined by the Engineer, then the base shall be replaced with City approved material. All replaced base shall be a minimum 8" compacted thickness, or same thickness as base destroyed plus 2", if over 6", and compacted to 98% of maximum density per AASHTO T- 180. Unless called for in the proposal as separate bid items, cost of the above work including labor, materials and equipment required shall be included in the bid price per lineal foot of main or square yard of base. The bid price for street pavement, restoration or replacement when called for in the proposals, shall include all materials, labor and equipment required to complete the work, and shall be paid for on a square yard basis. When replacement is over a trench for utilities, the area of replacement shall be limited to twice the depth of the cut plus twice the inside diameter of the pipe. All over this will be at the Contractor's expense. The bid price for restoration or placement of driveways, curbs and sidewalks, when called for in the proposals, shall include all materials, labor and equipment required to complete the work and shall be paid for on the basis of the following units: Driveways, plant mix - per square yard: concrete - per square foot; curbs - per lineal foot; sidewalk 4" or 6" thick - per square foot. Concrete walks at drives shall be a minimum of 6" thick and be reinforced with 6/6 X 10/10 welded wire mesh (also see Articles 8 and 30). The Contractor shall notify the Project Inspector a minimum of 24 hours in advance of all driveway, curb, sidewalk and street restoration and replacement work. 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- SectionIV.doc Page 8 Revised: 5/11/2005 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 I I I I Section IV - Technical Specifications construction conference. The Contractor's use of reuse water must conform to all regulatory requirements. 12 DEWATERING Unless specifically authorized by the Engineer, all pipe, except sub drains, shall be laid "in the dry". The contractor shall dewater trench excavation as required for the proper execution of the work, using one or more of the following approved methods: well point system, trenched gravity underdrain system, or sumps with pumps. Well point systems must be efficient enough to lower the water level in advance of the excavation and maintain it continuously in order that the trench bottom and sides shall remain firm and reasonably dry. The well points shall be designed especially for this type of service, and the pumping unit used shall be capable of maintaining a high vacuum, and at the same time, of handling large volumes of air as well as of water. The Contractor shall be responsible for disposing of all water resulting from trench dewatering operations, and shall dispose of the water without damage or undue inconvenience to the work, the surrounding area, or the general public. He shall not dam, divert, or cause water to flow in excess in existing gutters, pavements or other structures: and to do this he may be required to conduct the water to a suitable place of discharge may be determined by the Engineer. The cost of dewatering shall be included in the unit price bid per lineal foot of pipe, or, in the case of other underground structures, in the cost of such structures. 13 SANITARY MANHOLES 13.1 BUILT UP TYPE Manholes shall be constructed of brick with cast iron frames and covers as shown on the drawings. Invert channels shall be constructed smooth and semicircular in shape conforming to inside of adjacent sewer section. Changes in direction of flow shall be made in a smooth curve of as large a radius as possible. Changes in size and grade of channels shall be made gradually and evenly. Invert channels shall be formed by one of the following methods: form directly into concrete manhole base, build up with brick and mortar, lay half tile in concrete, or lay full section of sewer pipe through manhole and break out top half of pipe. The manhole floor outside of channels shall be made smooth and sloped toward channels. Free drop in manholes from inlet pipe invert to top of floor outside the channels shall not exceed twenty four inches. Standard Drop Manholes shall be constructed wherever free drop exceeds twenty four inches. Manhole steps shall not be provided. Joints shall be completely filled and the mortar shall be smoothed from inside of manholes. The entire exterior of brick manholes shall be plastered with one half inch of mortar. Brick used may be solid only. Brick shall be laid radially with every sixth course being a stretcher course. SectionIV.doc Page 9 Revised: 5/11/2005 Section IV - Technical Specifications 13.2 PRECAST TYPE Precast Sanitary Manholes shall conform to this specification unless otherwise approved by the City Engineer. AASHTO M 85 Type II cement shall be used throughout with a minimum wall thickness of 5 inches. The precast sections shall conform to ASTM C 478 latest revision. Section joints shall be a tongue and groove with "ram neck" gasket or "0" ring to provide a watertight joint. Minimum concrete strength shall be 4000 psi at 28 days. Three sets of shop drawings and location inventory shall be submitted to the City Engineer for approval. Approval of shop drawings does not relieve contractor of responsibility for compliance to these specifications unless letter from contractor requesting specific variance is approved by the City Engineer. Location inventory submitted with shop drawing shall detail parts of manhole per manhole as numbered on the construction plans. All manhole parts shall be numbered or lettered before being sent to the job site to permit proper construction placement. A plan or list of the numbering system shall be present on the job site when manhole components are delivered. Precast manhole dimensions, drop entry, grout flow of channel, etc., shall be as shown on City of Clearwater Engineering Detail #302 Sheet 2 of3. Manhole sections shall be rejected if abused during shipping or placement and if pipe openings are not properly aligned. The "break in" to precast manholes for pipe entry will not be allowed. The manhole base shall be set on a pad of A 1 or A 2 Classification soil approximately five (5) inches thick to secure proper seating and bearing. Between the top of the manhole cone and the manhole cover frame, a manhole adjustment ring shall be installed. The intent of the manhole adjustment ring is to accommodate future grade changes without disturbing the manhole. 13.2.1 MANHOLE ADJUSTMENT RINGS (GRADE RINGS) 1. All grade adjustments of manhole frame and cover assemblies shall be completed utilizing the following: High Density Polyethylene Grade Adjustment Rings - Comply with ASTM Standard D-1248 for recycled plastic. a. Material properties shall be tested and certified for usage by the following ASTM methods: b. Property Test Method Acceptable Value c. Melt Flow Index ASTM Dl238 0.3 to 30 g /10 min. d. Density ASTM D792 0.94 to 0.98 g / cm3 e. Tensile Strength ASTM D638 2.00 to 5 x 103 lb / in 2 f. Polyethylene adjusting rings shall not be used when they are exposed to heated hot mix asphalt pavement. g. Tapered configuration: When used in a single configuration tapered adjusting ring thickness will range from 0.5 inch to 3.0 inch. h. Grade adjustment rings are to be installed on clean flat surfaces according to the manufacturer's recommendations with the proper Butyl Rubber sealant/adhesives. SectionIV.doc Page 10 Revised: 5/11/2005 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 I I I I Section IV - Technical Specifications 2. The inside diameter of the adjustment ring shall not be less than the inside diameter of the manhole frame. 3. Manholes shall be constructed with at least two adjustment rings. 4. Maximum height of adjustment ring stack: 12 inches max. for new manholes and 16 inches max. on existing manholes. 13.3 DROP MANHOLES Standard drop inlets to manholes shall be constructed of commercial pipe, fittings and specials as detailed on the drawings. 13.4 FRAMES AND COVERS Manhole frames and covers shall be set in a full bed of mortar with the top of the cover flush with or higher than finished grade as directed. Refer to Detail 301. 13.5 MANHOLE COATINGS The exterior and interior of all built up manholes shall be coated with two coats of bitumastic black solution 300 M as manufactured by Koppers Company, Inc. or approved equal. Interior of built up manholes which have sewers entering with a free drop or which receive discharge from a force main shall have the inside plastered with 1/2 inch of grout and coated as precast manholes below. The exterior and interior of all precast manholes shall be coated with at least 15 mils dry thickness of PRO CO EP 214351 Epoxi Mastic as manufactured by Protective Coatings Inc. 13.6 CONNECTIONS TO MANHOLES Connections to existing sanitary manholes using approved PVC sewer main shall be made with a manhole adapter coupling by Flo Control, Inc., or approved water stop coupling. 14 BACKFILL Material for backfill shall be carefully selected from the excavated material or from other sources as may be required by the Engineer. Such material shall be granular, free from organic matter or debris, contain no rocks or other hard fragments greater than 3" in the largest dimension and all fill shall be similar material. Backfill placed around pipes shall be carefully placed around the sides and top of pipe by hand shovels and thoroughly compacted to 12" above the pipe by tamping or other suitable means. Backfill under all types of paving shall be compacted in layers not to exceed 12" in thickness unless alternate method is approved by the Engineer. Backfill shall be a minimum of 98% compaction as determined by the modified Proctor Density Test to the bottom of pavement. Backfill outside of pavement areas shall be compacted the full depth to the ground surface to a minimum of 95% compaction of AASHTO T 180 Standard Density Test. The cost of backfill shall be included in the unit price bid per lineal foot of the pipe, or, in the case of other underground structures, in the cost of such structure. SectionIV.doc Page II Revised: 5/11/2005 Section IV - Technical Specifications 15 STREET CROSSINGS. ETC. At such crossings, and other points as may be directed by the Engineer, the trenches shall be bridged in an open and secure manner, so as to prevent any serious interruption of travel upon the roadway or sidewalk, and also to afford necessary access to public or private premises. The material used, and the mode of constructing said bridges, and the approaches, thereto, must be satisfactory to the Engineer. The cost of all such work must be included in the cost of the trench excavation. 16 RAISING OR LOWERING OF SANITARY SEWER. STORM DRAINAGE STRUCTURES Sanitary Sewer or Storm Drainage Structures shall be raised or lowered as indicated on the plans or as indicated by the Engineer. 16.1 BASIS OF PAYM ENT Payment, unless covered by a bid item, shall be included in the cost of the work. 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 of the excavation, truck measure, or lump sum as specified in the Scope of Work and Contract Proposal. 17.2 BASIS OF PAYM ENT 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. If no pay item is given, the removal of unsuitable material shall be included in the most appropriate bid item. 18 UNDERDRAINS The Contractor shall construct sub-surface drainage pipe as directed in the Contract Scope of Work and detail drawings contained in the Project construction plans. In general, underdrain pipe shall be embedded in a bed of #6 FDOT crushed aggregate, located behind the back of curb and aggregate surface covered with a non-degradable fibrous type filter material. A #57 aggregate may be used in lieu of #6 if it is washed and screened to remove fines. The aggregate may be stone, slag or crushed gravel. Unless otherwise noted on the plans, underdrain pipe shall be 8" diameter, polyvinyl chloride pipe, in conformance with ASTM F-758 "Standard Specification For Smooth Wall PVC Underdrain Systems for Highways" latest revision, minimum stiffness of 46 in conformance with ASTM D2412, perforations in conformance with AASHTO M-189 SectionIV.doc Page 12 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 I I I I Section IV - Technical Specifications iron force main pipe and fittings shall conform to Section 41 of these Technical Specifications for water main pipe except that DIP shall be "polylined" in accordance with manufactures recommendations. All polyvinyl chloride pipe which has become deteriorated due to exposure to ultra violet radiation shall be rejected. 20.2 INSTAllATION 20.2.1 GRAVITY SEWER PIPE Installation of gravity sewer pipe shall be in conformance with recommended practices contained in ASTM D 2321 and Unibell UNI B 5. The bottom trench width in an unsupported trench shall be limited to the minimum practicable width allowing working space to place and compact the haunching material. The use of trench boxes and movable sheeting shall be performed in such a manner that removal, backfill and compaction will not disturb compacted haunching material or pipe alignment. Dewatering of the trench bottom shall be accomplished using adequate means to allow preparation of bedding, placement of the haunching material and pipe in the trench without standing water. Dewatering shall continue until sufficient backfill is placed above the pipe to prevent flotation or misalignment. Where pipe bedding is insufficient to adequately support pipe, the contractor will be required to remove unsuitable material and bed pipe in Class I material (1/2" Dia. aggregate) to provide firm support of pipe. Connections to manholes with sanitary pipe shall use a joint 2 feet in length and shall use an approved water stop around pipe joint entry. The laterals shown on the plans do not necessarily reflect exact locations. The contractor is required to locate all existing laterals for reconnection and to coordinate with the construction inspector the location of all new laterals. 20.2.2 FORCE MAIN PIPE Installation of force main pipe shall be in conformance with Section 41 of these Technical Specifications for water main pipe. 20.3 AS BUilT DRAWINGS The contractor shall submit to the Engineer a marked set of "As Built" construction drawings describing both the stations and left or right offset of all lateral terminal ends as measured from the nearest downstream manhole along the center line of the sewer main. The as built drawings will also describe elevations of the north edge of the manhole cover rings and inverts of all main pipes in manholes. 20.4 TESTING 20.4.1 TESTING OF GRAVITY SEWERS The Contractor shall take all precautions to secure a perfectly water tight sewer under all conditions. The water tightness of a sewer which has a crown lying below groundwater level SectionIV.doc Page [5 Revised: 5/1 1/2005 Section IV - Technical Specifications may be tested by measuring infiltration. The water tightness of sewers having crowns lying above groundwater level may be tested by filling the pipe with water so as to produce a hydrostatic head of two feet or more above the crown of the sewer at the upper end of the test section or the water table outside of the sewer, whichever is higher, and then measuring the exfiltra- tion. In no case shall the infiltration or exfiltration exceed 50 gallon per inch of diameter per mile per day. The Contractor shall furnish all labor, materials and equipment to test the amount of infiltration or exfiltration under the Engineer's direction. Where the infiltration or exfiltration is excessive, the Contractor at his own expense shall take the necessary steps to remedy such conditions by uncovering the sewer, remaking the joints or by replacing the entire length of sewer as required by the Engineer. No such repaired joints may be backfilled until after they have been tested and found to be acceptable. Care shall be taken to avoid flotation. The above tests shall be performed at the discretion of the Engineer on any or all sections of the line. 20.4.2 TESTING OF FORCE MAINS Force mains shall be tested under a hydrostatic pressure of 150 P.S.I. for one hour, as described in Section 41.04 of these Technical Specifications for the testing of water mains. 20.5 BASIS OF PAYMENT 20.5.1 GRAVITY SEWER PIPE Payment for in place sanitary sewer gravity main pipe shall be the unit price per lineal foot per appropriate range of depth of cut as contained in the contract proposal. Measurement for payment shall be along the centerline of the sewer main from center to center of manholes. Payment for laterals shall be the unit price per lineal foot of pipe as measured from the centerline of the sewer main pipe to the terminal end of the lateral pipe. Payment for sewer pipe shall include all labor, equipment and materials necessary to complete the installation. This shall include clearing and grubbing, excavation, shoring and dewatering, backfill and grading. 20.5.2 FORCE MAIN PIPE Payment and measurement of force main pipe shall be the same as described in Section 41 of these Technical Specifications for water main pipe. 21 DRAINAGE The Contractor shall provide proper outlet for all water courses and drains interrupted during the progress of the work and replace them in as good condition as he found them. 22 ROADWAY BASE AND SUBGRADE 22.1 BASE This specification describes the construction of roadway base and sub grade. The Contractor shall refer to Section IV, Article 1 "Scope of Work" of the city's Contract Specifications for additional roadway base and sub grade items. SectionIV.doc Page 16 Revised: 5/11/2005 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 I I I I Section IV - Technical Specifications Roadway base shall be 8" compacted minimum thickness unless otherwise noted on the plans or directed by the Engineer. The sub grade shall be 12" compacted minimum thickness with a minimum Limerock Bearing Ratio (LBR) of 40 unless otherwise noted on the plans or directed by the Engineer. The Contractor shall obtain from an independent testing laboratory a Proctor and an LBR for each type material. The Contractor shall also have an independent testing laboratory perform all required density testing. Where unsuitable material is found within the limits of the base, Section ~ Article 17 (Unsuitable Material Removal) of the city's Contract Specifications will apply. Once the roadway base is completed, it shall be primed that same day (unless otherwise directed by the Engineer) per Section 300 of FDOT's Standard Specifications (latest edition). Repairs required to the base that result from a failure to place the prime in a timely manner shall be done to the City's satisfaction, and at the Contractor's expense. No paving of the exposed base can commence until the City approves the repaired base. The cost for placement of prime material shall be included in the bid item for base. The Contractor shall notify the Project Inspector a minimum of 24 hours in advance of all base and subgrade placement or reworking. The following base materials are acceptable: 1. SHELL BASE: Shell base shall be constructed in accordance with Sections 200 and 913 of FDOT's Standard Specifications (latest edition), and shall have a minimum compacted thickness as shown on the plans. The shell shall be FDOT approved. The cost of the prime coat shall be included in the bid item price for base. 2. LIMEROCK BASE: Limerock base shall be constructed in accordance with Sections 200 and 911 of FDOT's Standard Specifications (latest edition), and shall have a minimum compacted thickness as shown on the plans. The limerock shall be from a FDOT approved certified pit. The cost of the prime coat shall be included in the bid item price for base. 3. CRUSHED CONCRETE BASE: Crushed concrete base shall be constructed in accordance with Sections 204 and 901 ofFDOT's Standard Specifications (latest edition), and shall have a minimum compacted thickness as shown on the plans. The crushed concrete material shall be FDOT approved. The Contractor shall provide certified laboratory tests on gradation to confirm that the crushed concrete base material conforms to the above specifications. The LBR shall be a minimum of 185. LBR and gradation tests shall be provided to the city by the Contractor once a week for continuous operations, or every 1000 tons of material, unless requested more frequently by the City Engineer or designee. The cost of the prime coat shall be included in the bid item price for base. 4. SOIL CEMENT BASE: Unless otherwise noted, soil cement base shall be constructed in accordance with Section 270 of FDOT's 2000 Standard Specifications, and shall have a minimum compacted thickness as shown on the plans. An Asphalt Rubber Membrane Interlayer (ARM I) shall be included in the pavement design per Section 341 of FDOT's Standard Specifications (latest edition) to minimize reflective cracking unless otherwise noted in the project plans and specifications. The ARMI layer shall be overlaid with asphalt on the same day it is placed for the Contractor to receive full compensation for the work. SectionIV.doc Page I 7 Revised: 5/1112005 Section IV - Technical Specifications The soil cement base design shall be by a certified lot under the direction of a Registered Florida Professional Engineer, and must be approved by the City Engineer. Said design shall provide for a minimum of300 P.S.I. in seven days. All plant mixed soil cement shall be certified by a registered laboratory that has been approved by the Engineer. The only approved method for spreading the cement is the use of a spreader box. The use of a spreader bar for spreading cement will not be allowed. The applying of the cement shall not be allowed when the wind velocity is sufficient to jeopardize material interests (i.e. vehicles, etc.) from airborne cement particles. The density testing frequency shall be at the discretion of the registered Florida Professional Engineer responsible for the soil cement design. 5. ASPHALT BASE: Full depth asphalt base shall be constructed in accordance with Section 280 of FDOT's 2000 Standard Specifications, and shall have a minimum compacted thickness as shown on the plans. The cost for preparation, placement and compaction shall be included in the per ton unit cost for asphalt unless otherwise noted in the project scope and plans. The cost of the tack coat shall be included in the bid item price for asphalt or base. 6. REWORKED BASE: When the plans call for the working of the existing base, the finished reworked base shall have a minimum compacted thickness of 8" unless otherwise shown on the plans or directed by the Engineer, and be constructed in accordance with the applicable FDOT requirements for the type of material used. The density requirements (except for asphalt and soil cement base) shall be per Section 200 6 of FDOT's Standard Specifications (latest edition). For asphalt, the density requirements are per Section 330-11, and for soil cement per Section 270-5 ofFDOT's 2000 Standard Specifications. 22.1.1 BASIS OF MEASUREMENT FOR BASE AND REWORKED BASE The basis of measurement shall be the number of square yards of base in place and accepted as called for on the plans. The maximum allowable deficiency shall be a half-inch (1/2"). Areas deficient in thickness shall either be fixed by the Contractor to within acceptable tolerance, or if so approved in writing by the City Engineer, may be left in place. No payment, however, will be made for such deficient areas that are left in place. 22.1.2 BASIS OF PAYMENT FOR BASE AND REWORKED BASE The unit price for base shall include: all materials, roadbed preparation, placement, spreading, compaction, finishing, prime, base, subgrade (unless the plans specify a separate pay item), stabilization, mixing, testing, equipment, tools, hauling, labor, and all incidentals necessary to complete the work. Payment for asphalt base shall be included in the per ton unit cost for asphalt unless otherwise noted in the project scope and plans. 22.2 SUBGRADE All sub grade shall be stabilized and constructed in accordance with Sections 160 and 914 of FDOT's Standard Specifications (latest edition) unless otherwise noted herein. All sub grade shall have a minimum compacted thickness of 12" unless otherwise shown on the plans or directed by the Engineer. If limerock is used, it shall also meet the requirements of Section 911 of FDOT's Standard Specifications (latest edition). Where unsuitable material is found within the limits of the subgrade, Section IV, Article 17 (Unsuitable Material Removal) of the city's Contract SectionIV.doc Page I 8 Revised: 5/11/2005 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 I I I I Section IV - Technical Specifications Specifications will apply. The extent of said removal shall be determined by the Engineer in accordance with accepted construction practices. The Contractor is responsible for clearing, grading, filling, and removing any trees or vegetation in the roadbed below the sub grade to prepare it per the plans. The cost of this work shall be included in the unit price for base or subgrade. The Contractor shall obtain from an independent testing laboratory the bearing value after the mixing of materials for the stabilized sub grade. 22.2.1 BASIS OF MEASUREMENT The basis of measurement shall be the number of square yards of stabilized subgrade in place and accepted as called for on the plans. The maximum allowable deficiency for mixing depth shall be per Section 161-6.4 of FDOT's 2000 Standard Specifications. Acceptable bearing values shall be per FDOT Section 160-7.2. Areas deficient in thickness or bearing values shall either be corrected by the Contractor to within acceptable tolerance, or if so approved in writing by the City Engineer, may be left in place. No payment, however, will be made for such deficient areas that are left in place (latest edition). 22.2.2 BASIS OF PAYMENT The unit price for sub grade shall include: roadbed preparation, placement, spreading, compaction, finishing, testing, stabilizing, mixing, materials, hauling, labor, equipment and all incidentals necessary to complete the work. If no pay item is given, subgrade shall be included in the bid item for base. 23 ASPHALTIC CONCRETE MATERIALS This specification is for the preparation and application of all S- Type Marshall Mix Design asphaltic concrete materials on roadway surfaces unless otherwise noted. 23.1 ASPHALTIC CONCRETE 23.1.1 AGGREGATE All aggregates shall be obtained from an approved FDOT source and shall conform to Sections 901 through 919 ofFDOT's 2000 Standard Specifications. 23.1.2 BITUMINOUS MATERIALS All bituminous materials shall conform to Section 916 ofFDOT's 2000 Standard Specifications. 23.2 HOT BITUMINOUS MIXTURES - PLANT, METHODS, EQUIPMENT & QUALITY ASSURANCE The plant and methods of operation used to prepare all asphaltic concrete and bituminous materials shall conform to the requirements of Section 320 of FDOT's Standard Specifications (latest edition). Unless otherwise noted, all acceptance procedures and quality control/assurance procedures shall conform to the requirements of Section 330 of FDOT's 2000 Standard Specifications. The Contractor shall note that the City shall have the right to have an independent testing laboratory select, test, and analyze, at the expense of the City, test specimens of any or all materials to be used. Tests to be performed by the independent testing laboratory every 1000 tons SectionIV.doc Page 19 Revised: 5/11/2005 Section IV - Technical Specifications include, but are not limited to, Marshall stability and flow, extraction/gradation and cores to determine density and thickness. The results of such tests and analyses shall be considered, along with the tests or analyses made by the Contractor, to determine compliance with the applicable specifications for the materials so tested or analyzed. The Contractor hereby understands and accepts that wherever any portion of the work is discovered, as a result of such independent testing or investigation by the City, which fails to meet the requirements of the Contract documents, all costs of such independent inspection and investigation as well as all costs of removal, correction, reconstruction, or repair of any such work shall be borne solely by the Contractor. Payment reductions for asphalt related items shall be determined bv the following: 1. Density per Section 330-11 ofFDOT's 2000 Standard Specifications. 2; Final surface or friction course tolerances per Section 330-13 of FDOT's 2000 Standard Specifications. 3. Thickness will be determined from core borings. Deficiencies of W' or greater shall be corrected by the Contractor, without compensation, by either replacing the full thickness for a length extending at least 25' from each end of the deficient area, or when the Engineer allows for an overlay per Section 330-15.2.3 of FDOT's Standard Specifications (2000 edition). In addition, for excesses of W' or greater, the Engineer will determine if the excess area shall be removed and replaced at no compensation, or if the pavement in question can remain with payment to be made based on the thickness specified in the contract. The Contractor shall notify the Proiect Inspector a minimum of 24 hours in advance of the placement of all asphalt. 23.3 ASPHALT MIX DESIGNS AND TYPES All asphalt mix designs shall conform to the requirements of Sections 331 and 337 of FDOT's 2000 Standard Specifications. All asphalt mix designs shall be approved by the Engineer PRIOR to the commencement of the paving operation. NO RECLAIMED ASPHALT PAVEMENT (RAP) MATERIAL SHALL BE ALLOWED IN THE ASPHALTIC CONCRETE MIXES. 23.4 ASPHALT PAVEMENT DESIGNS AND LAYER THICKNESS All asphalt pavement designs shall conform to the following requirements: Table 1: Layer Thickness for Asphalt (Layers Are Listed in Sequence of Construction) COURSE LAYER THICKNESS (Inches) THICKNESS (Inches) Type S-I Type S-I with Type S-III FC-3 Type S-III Type S-I Type S-III with FC-3 with FC-3 Top Layer Top Layer Top Layer 1st 2nd 1st 2nd 1st 2nd 1st 2nd 1st 2nd 1st 2nd 1 1 1 lY2 lY2 SectionIV.doc Page 20 Revised: 5/ II /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 I I I I Section IV - Technical Specifications 2 ly.J % * 1 1 2~ ly.J ly.J 1~ 1 1~ 1 3 1~ 1~ 2 1 2 1 * At the Engineer's discretion, 2" ofS-III is acceptable for use on residential streets Additional Notes: 1. Type S-III shall be limited to the final (top) structural layer (one layer only). 2. All asphalt pavement designs shall conform to the requirements of sections 331 and 337 of FDOT's 2000 Standard Specifications. 3. All pavement designs shall include a minimum of two inches of asphalt. 4. The Contractor shall be responsible to review the project plans for complete pavement design detail. 5. Unless otherwise specified on the plans, Type S-III per Section 331 of FDOT's 2000 Standard Specifications shall be used as final riding surface on streets with the speed limit of less than 35 mph, streets with an average daily traffic (ADT) of less than 3000, and all residential streets. 6. An FC-3 friction course per section 337 of FDOT's 2000 Standard Specifications shall be used on streets with a speed limit of 35 mph or greater, and streets with an ADT of 3000 or greater. 23.5 GENERAL CONSTRUCTION REQUIREMENTS The general construction requirements for all hot bituminous pavements (including limitations of operations, preparation of mixture, preparation of surface, placement and compaction of mixture, surface requirements, correction of unacceptable pavement, etc.) shall be in accordance with Section 330 ofFDOT's 2000 Standard Specifications. 23.6 CRACKS AND POTHOLE PREPARATION 23.6.1 CRACKS Cracks in roadway pavement shall be repaired prior to the application of asphaltic concrete by the following steps: 1. All debris to be removed from cracks by compressed air or other suitable method. 2. Apply a multiple layered application of bituminous binder and fine aggregate, as appropriate to the depth of the crack until the void of the crack is completely filled to the level of the surrounding roadway surface. - 3. If application of asphaltic concrete is not to begin immediately after crack repair, cracks are to be sanded to prevent vehicular tracking. 4. Payment for crack filling shall be included in the unit price for asphaltic concrete. SectionIV.doc Page 21 Revised: 5/11/2005 Section IV - Technical Specifications 23.6.2 POTHOLES Potholes shall be repaired prior to the application of asphaltic concrete by the following steps: 1. All debris is to be removed from potholes by hand, sweeping, or other suitable method. 2. A tack coat is to be applied to the interior surface of the pothole. 3. The pothole is to be completely filled with asphaltic concrete, and thoroughly compacted. 4. Payment for pothole preparation shall be included in the unit price for asphaltic concrete. 23.7 ADJUSTMENT OF MANHOLES The necessary adjustments of sanitary sewer and storm drain manholes and appurtenances shall be accomplished by the Contractor. The Contractor shall be paid on a per unit basis for each item. The use of manhole adjustment risers is acceptable under the following conditions: The riser shall meet or exceed all FDOT material, weld, and construction requirements. The riser shall consist of an A-36 hot rolled steel meeting or exceeding the minimum requirements of A.S.T.M. A-36. The riser shall be a single piece with a stainless steel adjustment stud and shall have a rust resistant finish. The use of cast iron, plastic, or fiberglass risers is not permitted. In addition, the installation of each riser shall be per manufacturers specifications. Each manhole shall be individually measured, and each riser shall be physically marked to ensure that the proper riser is used. Also, the ring section shall be cleaned, and a bead of chemically resistant epoxy applied to the original casting, prior to installation of the riser. It is the Contractors responsibility to ensure that the manholes are measured, the risers are physically marked, the ring sections are thoroughly cleaned, and that the epoxy is properly applied prior to installation of each nser. If risers are not used, the adjustment of manholes shall be accomplished by the removal of pavement around manhole, grade adjustment of ring and cover, and acceptable replacement and compaction of roadway materials prior to paving. A full depth backfill using asphalt is acceptable. The use of Portland cement for backfill is not acceptable. All manhole and valve adjustments shall be accomplished prior to the application of final asphaltic concrete surface. Unless otherwise noted in the specs or on the plans, the paving operation shall occur within seven (7) calendar days from the completion of the adjustment. On arterial roadways, the rims manholes are to be ramped with asphalt during the time period between initial adjustment and final resurfacing. Water and gas valves, sewer cleanouts, valve boxes, tree aeration vents, etc. will be adjusted by the Contractor with the cost for this work to be included in the unit cost of the asphalt. Care must be taken around said appurtenances to ensure that they are not paved over, It is the Contractor's responsibility to inform the owners of all utilities of impending work and coordinate their adjustments so they are completed prior to the scheduled paving. 23.8 ADDITIONAL ASPHALT REQUIREMENTS 1. All impacted radius returns within project limits shall be paved unless otherwise directed by the Engineer or Project Inspector, with payment to be included in the per ton bid item for asphalt. SectionlV.doc Page 22 Revised: 5/11/2005 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 I I I I Section IV - Technical Specifications 2. All pavement markings impacted by placement of asphalt shall be r~laced prior to the road being open to traffic unless otherwise noted in the contract scope and plans. 3. All project related debris shall be hauled off the job site by the Contractor in a timely manner and at their own expense in conformance with all regulatory requirements. 4. The Contractor shall pay particular attention to sweeping when paving. The Broom Tractor way of sweeping will not be permitted. Prior to paving, all construction areas shall be swept with a Municipal type sweeper (either vacuum or mechanical type) that picks up and hauls off, dust and dirt. The sweeper must be equipped with its own water supply for pre-wetting to minimize dust. Moreover, the Contractor shall sweep debris off of sidewalks, driveways, curbs and roadways each day before leaving the job site. 5. The application of tack and prime coats (either required or placed at the Engineer's discretion) shall be placed per Section 300 of FDOT's Standard Specifications (latest edition). Tack shall also be applied to the face of all curbs and driveways. The cost (including heating, hauling and applying) shall be included in the per ton bid item for asphalt, unless otherwise noted in the project scope and plans. 6. Leveling course and spot patching shall be applied to sections of the road as noted on the plans, or as directed by the Engineer, per Section 330 of FDOT's 2000 Standard Specifications. The cost shall be included in the per ton unit cost for asphalt, unless otherwise noted in the project scope and plans. 7. If an asphalt rubber binder is required, it shall conform to the requirements of Section 336 ofFDOT's 2000 Standard Specifications. 8. On all streets with curb and gutter, the final compacted asphalt shall be W' above the lip or face of said curb per City Index 101. 23.9 SUPERPAVE ASPHALTIC CONCRETE 1. Unless otherwise noted in this section, all of the asphaltic concrete specifications in Sections A through H above shall apply to superpave asphaltic concrete. All asphaltic concrete pavement shall be designed and placed in accordance with the FDOT Standard Specifications for Road and Bridge Construction (latest edition). 2. All aggregate shall be obtained from an approved FDOT source and shall conform to Sections 901 and 902 ofFDOT's Standard Specifications (latest edition). 3. All bituminous materials shall conform to Section 916 of FDOT's Standard Specifications (latest edition). Asphaltic binder shall be Grade PG 67-22 unless otherwise specified in the Scope of Work. 4. All superpave mix designs shall conform to Sections 320 and 334 of FDOT's Standard Specifications (latest edition). 5. All general construction requirements shall conform to Section 330 of FDOT's Standard Specifications (latest edition). 23.10 BASIS OF MEASUREMENT Basis of measurement will be the number of tons of asphaltic concrete completed, in place and accepted. Truck scale weights will be required for all asphaltic concrete used. SectionIV.doc Page 23 Revised: 5/11/2005 Section IV - Technical Specifications 23.11 BASIS OF PAYMENT Payment shall be made at the contract unit price for asphaltic concrete surface as specified and measured above. This price shall include all materials, preparation, hauling, placement, tack and/or prime coat either required or placed at Engineer's discretion, leveling, spot patching, filling of cracks, pothole repair, sweeping, debris removal, labor, equipment, tools, and incidentals necessary to complete the asphalt work in accordance with the plans and specifications. 24 ADJUSTMENT TO THE UNIT BID PRICE FOR ASPHALT When this Article applies to the contract, the unit bid price for asphalt will be adjusted in accordance with the following provisions: 1. Price adjustment for asphalt shall only be made when the current FDOT Asphalt Price Index varies more than 10% from the bid price at the time of the bid opening. 2. The Bituminous Material Payment Adjustment Index published montWy by the FDOT shall be used for the adjustment of unit prices. This report is available on FDOT's internet site. The address is: http://wwwll.myflorida.com.Itis under the section "Doing Business with FDOT" in the "Contracts Administration" section under "Asphalt Index". For additional information, call FDOT @ 850-414-4000. 3. The FDOT Payment Adjustment Index in effect at the time of the bid opening will be used for the initial determination ofthe asphalt price. 4. The FDOT Payment Adjustment Index in effect at the time of placement of the asphalt will be used for payment calculation. 5. The montWy billing period for contract payment will be the same as the monthly period for the FDOT Payment Adjustment Index. 6. No adjustment in bid prices will be made for either tack coat or prime coat. 7. No price adjustment reflecting any further increases in the cost of asphalt will be made for any month after the expiration of the allowable contract time. 8. The City reserves the right to make adjustments for decreases in the cost of asphalt. 9. 25 GENERAL PLANTING SPECIFICATIONS 25.1 IRRIGATION 25.1.1 DESCRIPTION A. The work specified in this Section consists of the installation of an automatic underground irrigation system as shown or noted in the plans. Provide all labor, materials, equipment, services and facilities required to perform all work in connection with the underground sprinkler irrigation system, complete, as indicated on the drawings and/or specified. Work noted as "NIC", "existing", or "by others" is not included in this pay item. SectionlV.doc Page 24 Revised: 5/11/2005 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 I I I I Section IV - Technical Specifications that has been cut for more than 72 hours can be used unless authorized by the Erigineer in advance. The sod shall be thoroughly watered immediately after placement. The Contractor shall continue to water sod as needed and/or directed by the Engineer as indicated by sun exposure, soil, heat and rain conditions, to establish and assure growth, until termination of the contract. Dead sod, or sod not acceptable to the Engineer, shall be removed and replaced by the Contractor at no additional compensation. Any questions concerning the type of existing sod shall be determined by the Engineer. Unless otherwise noted on the plans, payment for sod (including labor, equipment, materials, placement, rolling, watering, etc.) shall be included in other bid items. Payment for these associated bid items may be withheld until the Contractor provides the City a healthy, properly placed stand of grass. When this work is given as a separate bid item, it shall cover all labor, equipment and materials, (including water) required for this work and shall be paid for on the basis of each square foot in place and accepted. No payment for sod shall be made until the Contractor provides the City a healthy, properly placed stand of grass. 32 SEEDING Seed, or seed and mulch, shall only be used when specified for certain demolition projects. The seed and/or mulch shall be placed as called for on the plans in the following manner. The area to be seeded shall be brought to the required line and grade, fertilized and seeded in basic conformance with the latest edition of FDOT's Standard Specifications Sections 570, 981, 982 and 983. However, no wildflower seed shall be used, and Argentine Bahia Seed shall be used instead of Pensacola Bahia. No sprigging will be required. Also, the addition of 20 lb. of Rye Seed (to total 60 lb. of seed per acre) will be required during the stated periods. It is also required that the Contractor maintain said seed until growth is assured. When this work is given as a bid item, the item shall cover all labor, material, equipment (including water), required for this work, and shall be paid for on the basis of each square yard in place and accepted. If called for on the plans, but not shown as a bid item, then the cost of such work as stated above shall be included in the cost of other work. 33 STORM MANHOLES. INLETS. CATCH BASINS OR OTHER STORM STRUCTURES For details on specific design of a type of storm structure refer to Part B Index Numbers 200 to 235. When required, inlets, catch basins or other structures shall be constructed according to the plans and applicable parts of the specifications, Section Numbers 7, 8, & 9, and as approved by the Engineer. Said structures shall be protected and saved from damage by the elements or other causes until acceptance of the work. 33.1 BUILT UP TYPE STRUCTURES Manholes shall be constructed of brick with cast iron frames and covers as shown on the Index Numbers 201 and 202. Invert channels shall be constructed smooth and semi circular in shape conforming to inside of adjacent sewer section. Changes in direction of flow shall be made in a smooth curve of as large a radius as possible. Changes in size and grade of channels shall be made gradually and evenly. Invert channels shall be built up with brick and mortar on top of concrete base. SectionlV.doc Page 53 Revised: 5/1 1/2005 Section IV - Technical Specifications The storm structure floor outside of channels shall be made smooth and sloped toward channels. Manhole steps shall not be provided. Joints shall be completely filled and the mortar shall be smoothed from inside of the manholes. The entire exterior of brick manholes shall be plastered with one half inch of mortar. Brick shall be laid radially with every sixth course being a stretcher course. In cases where a storm pipe extends inside a structure, the excess pipe will be cut off with a concrete saw and shall not be removed with a sledge hammer. 33.2 PRECAST TYPE The manhole base shall be set on a pad of dry native sand approximately five inches thick to secure proper seating and bearing. Precast Manholes and Junction Boxes: The Contractor may substitute precast manholes and junction boxes in lieu of cast in place units unless otherwise shown on the plans. Precast Inlets will not be acceptable. When precast units are substituted, the construction of such units must be in accordance with ASTM C 478, or the standard specifications at the manufacturers option. Precast structures must also meet the requirement that on the lateral faces, either inside or outside, the distance between precast openings for pipe or precast opening and top edge of precast structure be no less than wall thickness. A minimum of four courses of brick will be provided under manhole ring so that future adjustment of manhole lid can be accommodated. Manhole steps shall not be provided. Manhole using 0 ring between precast sections will not be acceptable for storm structures. 33.3 BASIS OF PAYMENT Payment for Junction Boxes, Manholes or other structures shall be on a unit basis. 34 MATERIAL USED All material incorporated into the final work shall be new material unless otherwise approved by the Engineer. If requested by the Engineer, the Contractor shall furnish purchase receipts of all materials. 35 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. 36 STREET SIGNS The removal, covering or relocation of street signs by the Contractor is PROHIBITED. All street signs shall be removed, covered or relocated by the City's Traffic Engineering Division in accordance with Sections 700, 994, 995, and 996 of FDOT's Standard Specifications (latest edition). The Contractor shall notify the City's Traffic Engineering Division a minimum of 24 hours in advance of the proposed sign relocation, covering or removal. SectionIV.doc Page 54 Revised: 5/11/2005 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 I I I I Section IV - Technical Specifications 37 AUDIONIDEO TAPE OF WORK AREAS 37.1 AUDIONIDEO TAPE OF WORK AREA SHALL BE PREPARED BY THE CITY This project will not require the preparation of an audio/video tape of work areas by the Contractor. 37.2 AUDIONIDEO TAPE OF ALL WORK AREAS SHALL BE PREPARED BY THE CONTRACTOR 37.2.1 CONTRACTOR TO PREPARE AUDIONIDEO TAPE Prior to commencing work, the Contractor shall have a continuous color audio/video tape recording taken along the entire length of the Project including all affected project areas. Streets, easements, rights-of-way, lots or construction sites within the Project must be recorded to serve as a record of a pre-construction conditions. 37.2.2 SCHEDULING OF AUDIONIDEO TAPE The video recordings shall not be made more than 21 days prior to construction in any area. 37.2.3 PROFESSIONAL VIDEOGRAPHERS The Contractor shall engage the services of a professional videographer. The color audio videotapes shall be prepared by a responsible commercial firm known to be skilled and regularly engaged in the business of pre-construction color audio-video tape documentation. 37.2.4 EQUIPMENT All equipment, accessories, materials and labor to perform this service shall be furnished by the Contractor. The total audio video system shall reproduce bright, sharp, clear pictures with accurate colors and shall be free from distortion, tearing, rolls or any other form of imperfection. The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume, clarity and be free from distortion and interruptions. In some instances, audio videotape coverage may be required in areas not accessible by conventional wheeled vehicles. Such coverage shall be obtained by walking. 37.2.5 RECORDED INFORMATION, AUDIO Each tape shall begin with the current date, project name and be followed by the general location, i.e., viewing side and direction of progress. Accompanying the video recording of each videotape shall be a corresponding and simultaneously recorded audio recording. This audio recording, exclusively containing the commentary of the camera operator or aide, shall assist in viewer orientation and in any needed identification, differentiation, clarification, or objective description of the features being shown in the video portion of the recording. The audio recording shall also be free from any conversations. 37.2.6 RECORDED INFORMATION VIDEO All video recordings must continuously display transparent digital information to include the date and time of recording. The date information shall contain the month, day and year. The time SectionIV.doc Page 55 Revised: 5/1 1/2005 Section IV - Technical Specifications information shall contain the hour, minutes and seconds. Additional information shall be displayed periodically. Such information shall include, but not be limited to, project name, contract number, direction of travel and the viewing side. This transparent information shall appear on the extreme upper left hand third of the screen. Camera pan, tilt, zoom-in and zoom out rates shall be sufficiently controlled such that recorded objects will be clearly viewed during videotape playback. In addition, all other camera and recording system controls, such as lens focus and aperture, video level, pedestal, chrome, white balance, and electrical focus shall be properly controlled or adjusted to maximize picture quality. The construction documentation shall be recorded in SP mode. 37.2.7 VIEWER ORIENTATION The audio and video portions of the recording shall maintain viewer orientation. To this end, overall establishing views of all visible house and business addresses shall be utilized. In areas where the proposed construction location will not be readily apparent to the videotape viewer, highly visible yellow flags shall be placed, by the Contractor, in such a fashion as to clearly indicate the proposed centerline of construction. When conventional wheeled vehicles are used as conveyances for the recording system, the vertical distance between the camera lens and the ground shall not exceed 10 feet. The camera shall be firmly mounted such that transport of the camera during the recording process will not cause an unsteady picture. 37.2.8 LIGHTING All taping shall be done during time of good visibility. No taping shall be done during precipitation, mist or fog. The recording shall only be done when sufficient sunlight is present to properly illuminate the subjects of recording and to produce bright, sharp video recordings of those subjects. 37.2.9 SPEED OF TRAVEL The average rate of travel during a particular segment of coverage shall be directly proportional to the number, size and value of the surface features within that construction areas zone of influence. The rate of speed in the general direction of travel of the vehicle used during taping shall not exceed 44 feet per minute. 37.2.10 VIDEO LOG/INDEX All videotapes shall be permanently labeled and shall be properly identified by videotape number and project title. Each videotape shall have a log of that videotape's contents. The log shall describe the various segments of coverage contained on the video tape in terms of the names of the streets or location of easements, coverage beginning and end, directions of coverage, video unit counter numbers, engineering surveyor coordinate values (if reasonably available) and the date. 37.2.11 AREA OF COVERAGE Tape coverage shall include all surface features located within the zone of influence of construction supported by appropriate audio coverage. Such coverage shall include, but not be limited to, existing driveways, sidewalks, curbs, pavements, drainage system features, mailboxes, landscaping, culverts, fences, signs, Contractor staging areas, adjacent structures, etc. within the area covered by the project. Of particular concern shall be the existence of any faults, SectionIV.doc Page 56 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 I I I I Section IV - Technical Specifications fractures, or defects. Taped coverage shall be limited to one side of the Site, street, easement or right of way at anyone time. 37.2.12 COSTS OF VIDEO SERVICES The cost to complete the requirements under this section shall be included in the contract items provided in the proposal sheet. There is no separate pay item for this work. 38 EROSION AND SILTATION CONTROL 38.1 STABiliZATION OF DENUDED AREAS No disturbed area may be denuded for more than thirty (30) calendar days unless otherwise authorized by the City Engineer. During construction, denuded areas shall be covered by mulches such as straw, hay, filter fabric, seed and mulch, sod, or some other permanent vegetation. Within sixty (60) calendar days after final grade is established on any portion of a project site, that portion of the site shall be provided with established permanent soil stabilization measures per the original site plan, whether by impervious surface or landscaping. 38.2 PROTECTION AND STABILIZATION OF SOil STOCKPilES Fill material stockpiles shall be protected at all times by on-site drainage controls which prevent erosion of the stockpiled material. Control of dust from such stockpiles may be required, depending upon their location and the expected length of time the stockpiles will be present. In no case shall an unstabilized stockpile remain after thirty (30) calendar days. 38.3 PROTECTION OF EXISTING STORM SEWER SYSTEMS During construction, all storm sewer inlets in the vicinity of the project shall be protected by sediment traps such as secured hay bales, sod, stone, etc., which shall be maintained and modified as required by construction progress, and which must be approved by the City Engineer before installation. 38.4 SEDIMENT TRAPPING MEASURES Sediment basins and traps, perimeter berms, filter fences, berms, sediment barriers, vegetative buffers and other measures intended to trap sediment and/or prevent the transport of sediment onto adjacent properties, or into existing water bodies; must be installed, constructed, or, in the case of vegetative buffers, protected from disturbance, as a first step in the land alteration process. Such systems shall be fully operative and inspected by the City before any other disturbance of the site begins. Earthen structures including but not limited to berms, earth filters, dams or dikes shall be stabilized and protected from drainage damage or erosion within one week of installation. 38.5 SEDIMENTATION BASINS Areas of 3 acres or more shall be required to have temporary sedimentation basins as a positive remedy against downstream siltation and will be shown and detailed on construction plans. During development, permanent detention areas may be used in place of silt basins, provided they are maintained to the satisfaction of the City. SectionIV.doc Page 57 Revised: 5/11/2005 Section IV - Technical Specifications The Contractor will be required to prohibit discharge of silt through the outfall structure during construction of any detention area and will be required to clean out the detention area before installing any permanent subdrain pipe. In addition, permanent detention areas must be totally cleaned out and operating properly at final inspection and at the end of the one year warranty period. When temporary sedimentation basins are used, they shall be capable at all times of contain-ing at least one (1) cubic foot of sediment for each one hundred (100) square feet of area tributary to the basin. Such capacity shall be maintained throughout the project by regular removal of sediment from the basin. 38.6 WORKING IN OR CROSSING WATERWAYS OR WATERBODIES Land alteration and construction shall be minimized in both permanent and intermittent waterways and the immediately adjacent buffer of25 feet from top of bank of the waterways and the buffer area whenever possible, and barriers shall be used to prevent access. Where in channel work cannot be avoided, precautions must be taken to stabilize the work area during land alteration, development and/or construction to minimize erosion. If the channel and buffer area are disturbed during land alteration, they must be stabilized within three (3) calendar days after the in channel work is completed. Silt curtains or other filter/siltation reduction devices must be installed on the downstream side of the in channel alteration activity to eliminate impacts due to increased turbidity. Wherever stream crossings are required, properly sized temporary culverts shall be provided by the contractor and removed when construction is completed. The area of the crossing shall be restored to a condition as nearly as possible equal to that which existed prior to any construction activity. 38.7 SWALES, DITCHES AND CHANNELS All swales, ditches and channels leading from the site shall be sodded within three (3) days of excavation. All other interior swales, etc., including detention areas will be sodded prior to issuance of a Certificate of Occupancy. 38.8 UNDERGROUND UTILITY CONSTRUCTION The construction of underground utility lines and other structures shall be done in accordance with the following standards: a. No more than 400 lineal feet of trench shall be open at anyone time; b. Wherever consistent with safety and space consideration, excavated material shall be cast to the uphill side of trenches. Trench material shall not be cast into or onto the slope of any stream, channel, road ditch or waterway. 38.9 MAINTENANCE All erosion and siltation control devices shall be checked regularly, especially after each rainfall and will be cleaned out and/or repaired as required. 38.10 COMPLIANCE Failure to comply with the aforementioned requirements may result in a fine and/or more stringent enforcement procedures such as (but not limited to) issuance of a "Stop Work Order". SectionIV.doc Page 58 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 I I I I Section IV - Technical Specifications City of Clearwater Standard Detail Drawings No. 601 607 are examples of accepted methods that may be used or required to control erosion and siltation. Section IV. doc Page 59 Revised: 5/I 1/2005 Section IV - Technical Specifications City of Clearwater - Erosion Control This notice is to inform the prime contractor that the City of Clearwater holds them responsible for soil erosion control on their site. The City of Clearwater Public Works Department has the responsibility to minimize the amount of soil erosion into the City's streets, storm sewers and waterways. The construction of a new residence or commercial site and major remodeling of an existing site creates a potential for soil erosion. These instances are usually the result of contractors and subcontractors accessing the property with equipment or construction materials. Then rain storms redistribute the eroded soil into the adjacent streets, storm systems and waterways. When erosion takes place, a Planning & Development Services Inspector or a Public Works Inspector will place a correction notice at the site. The procedure will be as follows: 1 st occurrence Warning 2nd occurrence $32 reinspection fee 3rd occurrence $80 reinspection fee 4th occurrence Stop work order Dependent on the severity of the erosion, the City's Public Works Administration Department may elect to rectify the erosion problem and charge the contractor accordingly. The attached drawings and details are recommendations for the contractor to use as means to support the site from eroding. The contractor may elect to shovel and sweep the street daily or on an as needed basis. However, erosion must be held in check. If the contractor would like to meet with a Public Works inspector on any particular site, please contact Construction at 462-6126 or Planning & Development Services at 562-4741. Erosion Control Required - City of Clearwater's Code of Ordinances requires erosion control on all land development projects. Erosion control must be in place and maintained throughout the job. Failure to do so may result in additional costs and time delays to the permit holder. Contact Public Works Administration with specific questions at 562-4750. SectionlV.doc Page 60 Revised: 5/11/2005 I I I I I I I I I I I I I I I I IiI I I I I I I I I I I I I I I I I I I I I Section IV - Technical Specifications Pole Tl existing 5 fixture pole, remove one fixture and place on pole T5 Pole T2 existing 12 fixture pole, remove six fixtures and place on pole T5 Pole T3 existing 5 fixture pole, remove one fixture and place on pole T5 Pole T4 new pole with new seven fixtures and two circuits Pole T5 new pole w/existing sixteen fixtures (8 on one side and 8 on the other) and 2 circuits Pole T6 new pole with new seven fixtures and two circuits Pole T7 existing 5 fixture pole, remove two fixtures and place on pole T5 Pole T8 existing 12 fixture pole, remove four fixtures and place on pole T5 Pole T9 existing 5 fixture pole, remove two fixtures and place on pole T5 Light levels ended up at 58+ footcandles. Existing poles have concrete footing approximately one foot wide on all sides Contractor shall plan relocation light poles accordingly. 43.2.14.5 ELECTRICAL CONDUITS Existing electrical conduits are installed individually to the existing light pole, it is suggested the Contractor place electrical junction boxes at existing pole locations and utilize existing conduits. New conduits will be required for the three (3) new light poles and the Contractor shall include the cost for these electrical conduits in the relocating of the new light poles. 43.2.15 WATER COOLER 43.2.15.1 SHOP DRAWINGS The Contractor shall provide shop drawings for the installation of water cooler in the cabana area of the tennis courts, electrical, water and drainage submitted to the Parks and Recreation Department for approval. 43.2.15.2 WATER FOUNTAIN Basis for design: Halsey Taylor HOF Series - water cooler with sealed back panels, or equal. 43.2.16 DEMONSTRATION Instruct the Owner's personnel on proper operation and maintenance of court and equipment. 43.2.17 WARRANTY 43.2.17.1 EQUIPMENT The Contractor shall supply warranty cards and operation and maintenance manuals for all equipment to the Owner upon completion of construction of the project. Section IV .doc Page 82 Revised: 9/22/05 Section IV - Technical Specifications 43.2.17.2 WARRANTY The Contractor shall warranty the courts, fencing, sidewalks and court accessories against defective materials and lor workmanship for a period of one (1) year from the date of completion. 43.2.17.3 WARRANTY SUB-SURFACE IRRIGATION SYSTEM The Contractor shall warranty the sub-surface irrigation of the clay tennis courts for a period of two years from the day of completion. 44 WORK ZONE TRAFFIC CONTROL 44.1 CONTRACTOR RESPONSIBLE FOR WORK ZONE TRAFFIC CONTROL The Contractor shall be responsible to furnish, operate, maintain and remove all work zone traffic control associated with the Project, including detours, advance warnings, channelization, hazard warnings and any other necessary features, both at the immediate work site and as may be necessary at outlying points. 44.2 WORK ZONE TRAFFIC CONTROL PLAN The Contractor shall prepare a detailed traffic control plan designed to accomplish the level of performance outlined in the Scope of the Work and/or as may be required by construction permits issued by Pinellas County and/or the Florida Department of Transportation for the Project, incorporating the methods and criteria contained in Part VI, Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility and Incident Management Operations in the Manual on Uniform Traffic Control Devices published by the U.S. Department of Transportation and adopted as amended by the Florida Department of Transportation, or most recent addition. 44.2.1 WORK ZONE SAFETY The general objectives of a program of work zone safety is to protect workers, pedestrians, bicyclists and motorists during construction and maintenance operations. This general objective may be achieved by meeting the following specific objectives: · Provide adequate advance warning and information regarding upcoming work zones. · Provide the driver clear directions to understanding the situation he will be facing as he proceeds through or around the work zone. · Reduce the consequences of an out of control vehicle. . Provide safe access and storage for equipment and material. · Promote speedy completion of projects (including thorough cleanup of the site). . Promote use of the appropriate traffic control and protection devices. · Provide safe passageways for pedestrians through, in, and/or around construction or maintenance work zones. The 2004 Design Standards (DS), Index 600 "When an existing pedestrian way or bicycle way is located within a traffic control work zone, accommodation must be maintained and provision for the disabled must be provided. Only SectionlV.doc Page 83 Revised: 9/22/05 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 I I I I Section IV - Technical Specifications approved temporary traffic control devices may be used to delineate a temporary traffic control zone pedestrian walkway. Advanced notification of sidewalk closures and detours marked shall be provided by appropriate signs". 2004 Standard Specifications for Road and Bridge Construction 102-5 Traffic Control: 102-5.1 Standards: FDOT Design Standards (DS) are the minimum standards for the use in the development of all traffic control plans 44.3 ROADWAY CLOSURE GUIDELINES Roadway types: Major Arterials, Minor Arterials, Local Collectors, and Local Following are typical requirements to be accomplished prior to closure. The number of requirements increase with traffic volume and the importance of access. Road closures affecting business or sole access routes will increase in process requirements as appropriate. For all but local streets, no road or lane closures are allowed during the Christmas holiday season and the designated "Spring Break" season with prior approval by the City Engineer. 44.3.1 ALL ROADWAYS Obtain permits for Pinellas County and Florida Department of Transportation roadways. Traffic control devises conform to national and state standards. 44.3.1.1 PUBLIC NOTIFICATION Standard property owner notification prior to start of construction for properties directly affected by the construction process. 44.3.2 MAJOR ARTERIALS, MINOR ARTERIALS, LOCAL COLLECTORS Consult with City Traffic staff for preliminary traffic control options. Develop Formal Traffic Control Plan for Permit Submittal to Regulatory Agency as necessary. 44.3.2.1 PUBLIC NOTIFICATION Message Board Display, Minimum of7-day notice period prior to road closure and maybe longer for larger highway. The message board is to be provided by the Contractor. 44.3.3 MAJOR ARTERIALS, MINOR ARTERIALS 44.3.3.1 PUBLIC NOTIFICATION C- View Release 44.3.4 MAJOR ARTERIALS 44.3.4.1 PUBLIC NOTIFICATION News Release The Message Board may need to be displayed for a period longer than 7 days. SectionIV.doc Page 84 Revised: 9/22/05 Section IV - Technical Specifications 44.4 APPROVAL OF WORK ZONE TRAFFIC CONTROL PLAN The Contractor is invited and encouraged to confer in advance of bidding, and is required, as a specification of the work, to confer in advance of beginning any work on the Project, with the Office of the Traffic Engineer, Municipal Services Building, 100 South Myrtle Avenue, telephone 562-4775, for the purpose of approval of the Contractor's proposed detailed traffic control plan. 44.5 INSPECTION OF WORK ZONE TRAFFIC CONTROL OPERATION The Office of the Traffic Engineer may inspect and monitor the traffic control plan and traffic control devices of the Contractor. The City's Construction Inspector assigned to the project, may make known requirements for any alterations or adjustments to the traffic control devices. The Contractor shall take direction from the Project Engineer or Project Inspector. 44.6 PAYMENT FOR WORK ZONE TRAFFIC CONTROL Payment for work zone traffic control is a non-specific pay item to be included in the construction costs associated with other specific pay items unless specifically stated otherwise in the Scope of Work in these Technical Specifications and a bid item(s) is included for Work Zone Traffic Control in the proposal form. 44.7 CERTIFICATION OF WORK ZONE TRAFFIC CONTROL SUPERVISOR The City may require that the Supervisor or Foreman controlling the work for the Contractor on the Project have a current International Municipal Signal Association, Work Zone Traffic Control Safety Certification or Worksite Traffic Supervisor Certification from the American Traffic Safety Association with additional current Certification from the Florida Department of Transportation. This requirement for Certification will be noted in the Scope of Work and/or sections of these Technical Specifications. When the certified supervisor is required for the Project, the supervisor will be on the Project site at all times while work is being conducted. The Worksite Traffic Supervisor shall be available on a 24-hour per day basis and shall review the project on a day-to-day basis as well as being involved in all changes to traffic control. The Worksite Traffic Supervisor shall have access to all equipment and materials needed to maintain traffic control and handle traffic related situations. The Worksite Traffic Supervisor shall ensure that routine deficiencies are corrected within a 24-hour period. The Worksite Traffic Supervisor shall be available on the site within 45 minutes after notification of an emergency situation, prepared to positively respond to repair the work zone traffic control or to provide alternate traffic arrangements. Failure of the Worksite Traffic Supervisor to comply with the provisions of this Sub article may be grounds for decertification or removal from the project or both. Failure to maintain a designated Worksite Traffic Supervisor or failure to comply with these provisions will result in temporary suspension of all activities except traffic and erosion control and such other activities deemed to be necessary for project maintenance and safety. SectionIV.doc Page 85 Revised: 9/22/05 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 I I I I Section IV - Technical Specifications 1. Drill 5/8" holes through active leaking surface. 2. Install all zert fittings, as recommended by manufacturer. 3. Inject material until water flow stops. 4. Remove fittings (if necessary). 49.12.3.5 WATERPROOFING/CRYSTALLIZATION PROCESS 1. Apply a slurry coat of powder #1 to moist wall using a stiftbrush, forming an undercoat. 2. Apply dry powder #2 to slurry coat by hand. 3. Brush or spray on sealing liquid during the application to penetrate and initiate the crystal forming process. 4. Repeat steps 2 and 3, until there are no visible leaks. 5. Apply powder #1 as an overcoat. 6. Allow one (1) hour to cure before applying cement lining. 49.12.3.6 CEMENT LINING 1. Dampen surface. 2. Mix material in mixer as recommended for spray or hand trowel application. 3. Apply cement until required build up of at least one half inch (and no more than 2 inches) has been achieved. 4. Trowel to smooth finish, restoring contours of manhole. 5. Texture brush surface to prepare for epoxy finish. 6. Allow for a 24-hour cure time prior to epoxy coating. NOTE: If conditions of heavy humidity prevail, a dry air blower shall be used to facilitate curing times. 49.12.3.7 EPOXY COATING Spray apply epoxy coating using airless spraying equipment until surface is visibly covered and a thickness of at least 30 mils has been achieved. Manhole may be safely entered after six (6) hours, as epoxy will be hardened. Full cure strength will be achieved at forty eight (48) hours. 49.12.3.8 CLEAN UP The work crew shall remove all debris and clean work area. 49.12.3.9 MANHOLE TESTING AND ACCEPTANCE Manhole may be vacuum tested from the top of manhole frame to the manhole base. All pipes entering the manhole shall be plugged, taking care to securely place the plug from being drawn into the manhole. The test head shall be placed and the seal inflated in accordance with the manufacturers' recommendations. A vacuum pump of ten (10) inches of mercury shall be drawn and the vacuum pump shut off. With the valves closed, the time shall be measured for the vacuum to drop to nine (9) inches. The manhole shall pass if the time is greater than sixty (60) seconds for forty eight (48) inch diameter, seventy five (75) seconds for sixty (60) inches, and SectionIV.doc Page 106 Revised: 9/22/05 Section IV - Technical Specifications ninety (90) seconds for seventy two (72) inch diameter manholes. If the manhole fails the initial test, necessary repairs shall be made. Retesting shall proceed until a satisfactory test is obtained. Tests shall be performed by the Contractor under the direction of the Project Engineer. 49.12.3.10 WARRANTY All materials and workmanship shall be warranted to the Owner for a period of five (5) years, provided that all the above mentioned repair steps are used. 50 PROJECT INFORMATION SIGNS 50.1 SCOPE AND PURPOSE The City desires to inform the general public on the City's use and expenditure of public funding for general capital improvement and maintenance projects. To help accomplish this purpose, the Contractor is required to prepare and display public project information signs during the full course ofthe contract period. These signs will be displayed at alllocation(s) of active work. 50.2 TYPE OF PROJECT SIGN, FIXED OR PORTABLE Sign type shall be "fixed" on stationary projects and "portable" on projects which have extended locations or various locations. Payment to Contractor for the preparation, installation and management of project sign(s) shall be lump sum for the entire project. The number of and type of signs will be stated in the Scope of the Work section of the contract documents. Lump sum item will be included in the bid proposal for signs. The particular wording to be used on the signs will be determined after contract award has been approved. Contractor will be provided the wording to be used on sign at the preconstruction conference. 50.3 FIXED SIGN Fixed sign shall be 4' by 8' in size and painted on a sheet of exterior grade plywood of the same size and a minimum thickness of 1/2". Sign shall be attached to a minimum of three pressure treated 4" by 4" below grade pressure treated wooden posts and braced as necessary for high winds. Posts shall be long enough to provide secure anchoring in the ground. Bottom of sign must be a minimum of 24" above the ground. Alternate mounting system or attachment to fencing or other fixed structure can be considered for approval. Sign shall be painted white on both sides with exterior rated paint. 50.4 PORTABLE SIGNS Portable sign shall be a minimum of 24" by 30" in size and will be attached to a standard sized portable traffic barricade. Sign material shall be aluminum, 0.080" or thicker, background of white reflective sheeting, and shall be silkscreen or vinyl lettering. Portable sign shall be two signs located and attached to each side of the traffic barricade. 50.5 SIGN COLORING Background shall be white. Project Descriptive Name shall be in blue lettering. All other lettering shall be black. Basic lettering on sign shall be in all capital letters, of size proportional to the sign itself. SectionlV.doc Page 107 Revised: 9/22/05 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 I I I I Section IV - Technical Specifications 50.6 SIGN PLACEMENT Signs shall be placed where they are readily visible by the general public which pass by the project site. Signs are not to be placed where they may become a hazard or impediment to either pedestrian or vehicular traffic. For construction projects outside of the City's right-of-way, the signs will be placed on the project site. For projects constructed inside of the City's right-of-way, the signs will be placed in the right-of-way. Portable signs are to be moved to the locations of active work on the project. Multiple portable signs will be necessary where work is ongoing in several locations at the same time. Fixed signs are to be placed at the start of construction and will remain in place until the request for final payment. 50.7 SIGN MAINTENANCE The Contractor is responsible for preparation, installation, movement, maintenance, replacement, removal and disposal of all project signs during the full course of the contract period. The Contractor will place and secure portable signs from dislocation by wind or other actions. Signs are to be cleaned as necessary to maintain legibility and immediately replaced if defaced. 50.8 TYPICAL PROJECT SIGN PROJECT NAME A CITY OF CLEARWATER ENGINEERING DEPARTMENT PROJECT FUNDING: CONTRACTOR: CONSTRUCTION COMPLETION: CITY PROJECT MANAGER: PHONE 51 IN-LINE SKATING SURFACING SYSTEM 51.1 SCOPE 1. These specifications pertain to the application of the Plexiflor Color Finish System over recreational areas intended for In-Line Skating activities. The materials specified in the site plans shall be of colors indicated and for application over the Plexipave Acrylic Latex System. 2. The work shall consist of suitable cleaning and preparation of the surface to assure a satisfactory bond of the system to the existing surface. 3. All coverage rates are calculated prior to dilution. 4. Plexiflor In-line Skating Surfacing System . 1 Coat of Acrylic Resurfacer . 2 Coats of Fortified Plexipave . 2 Coats of Plexiflor . Plexicolor Line Paint SectionIV.doc Page 108 Revised: 9/22/05 Section IV - Technical Specifications 51.2 SURFACE PREPARATIONS 51.2.1 ASPHALT Allow new asphalt to cure a minimum of 6 months. The surface must be checked for birdbaths, cracks and other irregularities and repaired with Court Patch Binder according to California Specification Section 10.14. (Surfacing prior to six months may make the asphalt subject to indentation). 51.2.2 CONCRETE Concrete shall have a wood float or broom finish. DO NOT PROVIDE STEEL TROWEL FINISH. DO NOT USE CURING AGENTS OR CONCRETE HARDENERS. Allow the concrete to cure a minimum of 30 days. Acid Etch the entire surface with Concrete Preparer according to California Specification Section 10.13. Check surface for birdbaths, cracks and other irregularities and repair with Court Patch Binder according to California Specification Section 10.14. 51.2.3 COURT PATCH BINDER MIX Court Patch Binder Mix: 100 Lbs. #80-100 Mesh Silica Sand (dry) 3 gallons Couth Patch Binder 1 to 2 gallons Portland Cement. 51.3 APPLICATION OF ACRYLIC FILLER COAT 1. Application of the Acrylic Resurfacer Mix shall be applied to the clean, dry, level surfaces to receive the Plexiflor Surfacing System. The mix shall be applied according to California Specification Section 10.8 using the following mix: Acrylic Resurfacer 55 gallons Water (Clean and Potable) 20-40 gallons Sand (60-80 mesh) 600-900 pounds Liquid Yield 112-138 gallons 2. Over asphalt surfaces, apply the Acrylic Resurfacer Mix in one or two coats (depending on surface porosity) at a rate of .05 -.07 gallons per square yard per coat. 3. Non-coated concrete surfaces must be neutralized with concrete preparer and primed with California Ti-Coat according to Specification Section 10.17. The Acrylic Resurfacer Mix must be applied within 3 hours of the TiCoat application while the primer is dry but still tacky to the touch. Apply the Acrylic Resurfacer Mix in one or two applications at a rate of .05-.07 gallons per square yard per coat. 51.4 APPLICATION OF FORTIFIED PLEXIPAVE After the filler coat application has dried, apply two coats of Fortified Plexipave at an undiluted rate of .05-.07 gallons per square yard per coat using the following mix: Plexipave Color Base 30 gallons Plexichrome 20 gallons Water 20 gallons Section IV .doc Page 109 Revised: 9/22/05 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 I I I I Section IV - Technical Specifications 51.5 PLEXIFLOR APPLICATION 1. Plexiflor is factory premixed and ready to use from the container. The material may be diluted with one (1 ) part water to six (6) parts Plexiflor to improve flowability 'and provide uniform application. 2. Apply two coats ofPlexiflor at a rate of .04-.05 gallons per square yard per coat. 3. Plexiflor is applied (in a similar manner to Plexipave) in windrows on the surface with sufficient quantity to cover as the squeegee is pulled over the surface. Apply only light pressure to the squeegee. Do not allow ridges to form between passes of the squeegee. Ridges existing after material dries should require corrective action. 4. Plexiflor and its preliminary coatings should be allowed to thoroughly dry prior to application of subsequent coats. 51.6 PLAYING LINES Pour hours minimum after completion of the color resurfacing, playing lines shall be accurately located, marked and painted with Plexicolor Line Paint as specified by The National In-Line Hockey Association. 51.7 GENERAL 1. The contractor shall remove all containers, surplus materials and debris upon completion of work leaving the site in a clean, orderly condition that is acceptable to the owner. Gates shall be secured and all containers shall be disposed of in accordance with Local, State and P ederal regulations. 2. Materials specified for the Plexiflor System shall tee delivered to the site in sealed, property labeled arums with California Products Corporation labels that are stenciled with the proper batch code numbers. Products packaged or labeled in any other manner will not be accepted. Mixing with clear, fresh water shall only be done at the job site. Coverage rates are based upon material prior to mixing with water as specified. 51.8 LIMITATIONS 1. Do not apply if surface temperature is less than 500P or more than 1 40oF. 2. Do not apply when rain or high humidity is imminent. 3. Do not apply when surface is damp or has standing water. 4. Plexiflor will not hide surface imperfections of previous coatings. 5. Keep from freezing. Do not store in the hot sun. 6. Keep containers tightly closed when not in use. 7. Plexiflor will not prevent substrate cracks from occurring. 8. Plexiflor will mark slightly from normal use of some In-line Skates. 9. Coefficient of friction = 0.78 10. Coating Application Drying Time: 30 minutes to I hour at 700P with 60% relative humidity. Section IV .doc Page I IO Revised: 9/22/05 Section IV - Technical Specifications 11. Keep court clean. Excess dirt or foreign material can cause the surface to be slippery. In-Line hockey is a physical sport. Always wear NIHA recommended protective gear. 52 RESIDENT NOTIFICATION OF START OF CONSTRUCTION 52.1 RESIDENT NOTIFICATION PERFORMED BY CITY See below for Resident Notification performed by the Contractor. 52.2 RESIDENT NOTIFICATION PERFORMED BY CONTRACTOR The Contractor shall notify all residents along the construction route with a printed door hanger notice indicating the following information about the proposed construction work and the Contractor performing the work: City seal or logo; the scheduled date for the start of construction; the type of construction; general sequence and scheduling of construction events; possibility of water service disruption and/or colored water due to construction efforts; Contractor's name, the Superintendent's name, Contractor address and telephone number; Contractor's company logo (optional); requirement for residents to remove landscaping and/or other private appurtenances which are in conflict with the proposed construction; and other language as appropriate to the scope of Contract work. Sample door hanger including proposed language shall be approved by the City prior to the start of construction. Notification shall be printed on brightly colored and durable card stock and shall be a minimum of 4 J;4 by 11 inches in size. Notification (door hanger) shall be posted to residences and businesses directly affected by the Contractor's activities no later than 7 days prior to the start of construction activity. Directly affected by the Contractor's activities shall mean all Contractor operations including staging areas, equipment and material storage, principal access routes across private property, etc. Contractor cannot start without proper 7 day notice period to residents. Contractor is required to maintain sufficient staff to answer citizen inquiries during normal business hours and to maintain appropriate message recording equipment to receive citizen inquires after business hours. Resident notification by the Contractor is a non-specific pay item to be included in the bid items provided in the contract proposal. SectionIV.doc Revised: 9/22/05 Page III 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 I I I I Section IV - Technical Specifications EXAMPLE CITY SEAL Of CITY OF CLEARWATER NOTICE OF CONSTRUCTION TODAY'S DATE: / / --- PLEASE EXCUSE US FOR ANY INCONVENIENCE We are the construction contractor performing (state type of contract) for the City of Clearwater in your area. The work will be performed in the public right-of-way adjacent to your property. This notice is placed a minimum of 7 days in advance of construction to notify property owners of the pending start of construction. (Brief description of the construction process to be expected by the property owners) The construction process may necessitate the removal of certain items from the right-of-way. Typical items such as sprinklers, grass, and postal approved mailboxes will be replaced by the contractor within a reasonably short period of time. The replacement of driveways and sidewalks will be made using standard asphalt or concrete materials. The property owner is responsible for the expense and coordination to replace driveways and sidewalks which have customized colors, textures and/or materials. Small trees, shrubs, landscaping materials, unauthorized mailboxes or structures within the right-of-way which must be removed due to the construction process will not be replaced. The property owner is responsible to relocate any such items which the property owner wishes to save prior to the start of construction. Vehicles parked on the streets or within the right-of-way may be required to be placed elsewhere. We are available to answer any questions you may have regarding the construction process or any particular item that must be relocated. Please contact our Construction Superintendent at (727) . We will be more than happy to assist you. Construction is anticipated to begin on: Company Name Company Address Contractor Phone Number 53 GABIONS AND MATTRESSES 53.1 MATERIAL 53.1.1 GABION AND RENO MATTRESS MATERIAL 53.1.1.1 PVC COATED WIRE MESH GABIONS & MATTRESSES Gabion & mattress basket units shall be of non-raveling construction and fabricated from a double twist by twisting each pair of wires through three half turns developing the appearance of a triple twist. The galvanized wire core shall have a diameter of 0.1063 inches (approx. US gauge 12). All wire used in the fabrication of the gabion shall comply with or exceed Federal Specifications QQ- W-461 H, possess a maximum tensile strength of 70,000 p.s.i. with a Finish 5, Class 3 zinc coating in accordance with the current ASTM A-641. The weight of zinc coating shall be determined by ASTM A-90. The grade of zinc used for coating shall be High Grade or SectionlV.doc Page 112 Revised: 9/22/05 Section IV - Technical Specifications Special High Grade, as prescribed in ASTM B-6, Table 1. Uniformity of coating shall equal or exceed four I-minute dips by the Preece test, as determined by ASTM A-239. The PVC coating shall be extruded and adhere to the wire core prior to weaving. The PVC coated wire shall be woven into a double twisted hexagonal mesh having uniform openings of 3 1/4 inches by 4 ~ inches. The overall diameter of the mesh wire (galvanized wire core plus PVC coating) shall be 0.146 inches. Selvedge and reinforcing wire shall be of heavily galvanized wire core, 0.1338 inches in diameter (approx. US gauge 10), coated with PVC and having an overall diameter (galvanized wire core plus PVC coating) of 0.173 inches. Lacing and connecting wire shall be of soft tensile strength (75,000 PSI max), heavily galvanized wire core, 0.087 inches in diameter (approx. US gauge 13 ~), coated with PVC and having an overall diameter (galvanized wire core plus PVC coating) of 0.127 inches. The use of alternate wire fasteners shall be permitted in lieu of tie wire providing the alternate fastener produces a four (4) wire selvedge joint with a strength of 1200 lbs. per linear foot while remaining in a locked and closed condition. Properly formed interlocking fasteners shall be spaced from 4 to 6 inches and have a minimum 3/4 square inch inside area to properly confine the required selvedge wires. Tiger- Tite Interlocking Fasteners are an approved alternate joint material. The Interlocking Wire Fastener shall meet stainless steel material specification ASTM A-313, Type 302, Class 1, or equal. All of the above wire diameters are subject to tolerance limit of 0.004 inches in accordance with ASTM A-641. 53.1.1.2 PVC (POLYVINYL CHLORIDE) COATING The coating shall be gray in color and shall have a nominal thickness of 0.0216 inches but not less than 0.015 inches in thickness. The protective PVC plastic shall be suitable to resist deleterious effects from exposure to light, immersion in salt or polluted water and shall not show any material difference in its initial compound properties. The PVC compound is also resistant to attack from acids and resistant to abrasion. 1. Specific Gravity: a. According to ASTM D-2287 and ASTM D- 792; in the range of 1.30 to 1.34. 2. Tensile Strength: a. According to ASTM D-142; not less than 2980 psi. 3. Modulus of Elasticity: a. According to ASTM D-412; not less than 2700 psi at 100% strain. 4. Resistance to Abrasion: a. According to ASTM 1242; weight loss <12% (Method B). 5. Brittleness Temperature: a. According to ASTM D-746, Procedure A; shall be at least 8.3 degrees centigrade below the minimum temperature at which the gabions will be handled or placed but not lower than -9.4 degrees centigrade. 6. Hardness: a. According to ASTM D-2240; shall be between 50 and 60 Shore D when tested. 7. Creeping Corrosion: SectionIV.doc Page 113 Revised: 9/22/05 I I I I I I I I I I5I 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 IV - Technical Specifications phone message. However, to make certain the message is received, it is advisable to call between 6:30 a.m. -7:30 a.m. or 2:30 p.m. - 3:00 p.m. 54.20 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. 54.21 SPECIAL CONDITIONS 1. This location will be newly installed and under warranty by the installer for a six month period on plants and 12 month warranty on palms. Landscape installer will coordinate irrigation operation with the Maintenance contractor to assure adequate irrigation to the landscape materials. Installer will also be responsible for the untying of palm heads/fronds as he feels appropriate. 2. All listed acreage or square footage figures are estimates. 3. All maintenance shall be performed in a good and workmanlike manner, consistent with trade practices and standards which prevail in the industry. 4. The Contractor shall be responsible for damage to any plant material or site feature caused by the Contractor or hislher employees. The Contractor shall be notified in writing of the specific nature of the 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. 5. 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 City Supervisor of such occurrences, and shall schedule to perform the required maintenance to the location as soon as the pertaining circumstances are relieved. 55 MilliNG OPERATIONS 55.1 EQUIPMENT, CONSTRUCTION & MILLED SURFACE Unless otherwise noted in the specs, plans or this Article, the milling operation shall be performed in accordance with Section 327 of FDOT's Standard Specifications (latest edition). The Contractor shall notify the Project Inspector a minimum of 24 hours in advance of all milling. 55.2 ADDITIONAL MILLING REQUIREMENTS 1. If the milling machine is equipped with preheating devices, the contractor is responsible to secure any necessary permits, and for complying with all local, state and federal environmental regulations governing operation of this type of equipment. 2. All milled surfaces must be repaved within seven days from the time it was milled, unless otherwise noted in the contract documents. SectionlV.doc Page 120 Revised: 9/22/05 Section IV - Technical Specifications 3. Prior to paving, all milled areas shall be swept with a Municipal type sweeper either of the vacuum or the mechanical type, that picks up and hauls off, dust and dirt (the Broom Tractor way of sweeping is not be permitted). The sweeper must be equipped with its own water supply for pre-wetting to minimize dust. Moreover, the Contractor shall sweep debris off of sidewalks, driveways and curbs in addition to the roadways before leaving the job site. 4. In cases where concrete valley swales are present, the adjoining pavement shall be milled to allow for the new asphalt grade to be flush with the contract surface. 5. The Contractor shall be responsible for removing any asphalt that remains in the curb line and/or median curbs after the milling operation of a street is complete. The cost of this removal shall be included in the bid item for milling. 6. All radius returns on streets to be milled shall.also be milled unless otherwise directed by the Engineer, with payment to be included in the bid item for milling. 7. Any leveling or base replacement required after milling shall be applied to sections of the road as noted on the plans, or directed by the Engineer, per Section 330 of FDOT's 2000 Standard Specifications for S-Type resurfacing projects or Section 330 (latest edition) for superpave resurfacing projects. The cost shall be included in the per ton unit cost for asphalt, unless otherwise noted in the project scope and plans. 8. Any roadway base material exposed as a result of the milling operation shall be primed that same day (unless otherwise directed by the Engineer) per Section 300 of FDOT's Standard Specifications (latest edition). Repairs required to said base that result from a failure to place the prime in a timely manner shall be done to the City's satisfaction, and at the Contractor's expense. No paving of the exposed base can commence until the City approves the repaired base. The cost of said prime shall be included in the bid item for milling. 9. Prior to the placement of asphalt, the face of all curbs and driveways shall be tacked after the milling operation is complete. 55.3 SALVAGEABLE MATERIALS All surplus existing materials resulting from milling operations shall remain the property of the City. The transporting and stockpiling of salvageable materials shall be performed by the Contractor. The Contractor shall contact the Public Services Division at (727) 562-4950 to schedule delivery of material. 55.4 DISPOSABLE MATERIALS All surplus materials not claimed by the City shall become the property of the Contractor. The Contractor shall dispose of the material in a timely manner and in accordance with all regulatory requirements in areas provided by the Contractor at no additional expense to the City. 55.5 ADJUSTMENT AND LOCATION OF UNDERGROUND UTILITIES All utilities and related structures requiring adjustment shall be located and adjusted by their owners at the owner's expense. The Contractor shall arrange his schedule to allow utility owners the time required for such adjustments (minimum 48 hours notice per State Statute). All utility SectionIV.doc Page 121 Revised: 9/22/05 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 I I I I Section IV - Technical Specifications adjustments shall be completed prior to the commencement of milling and resurfacing operations. 55.6 ADJUSTMENT OF UTILITY MANHOLES The necessary adjustments of sanitary sewer and stormwater utility manholes and appurtenances shall be accomplished by the Contractor in accordance with Section I~ Article 23.7 of the City's Technical Specifications. 55.7 TYPES OF MILLING There are two types of milling used by the City: A. Wedge - This will consist of milling a six foot wide strip along the curb line of the pavement adjacent to the curb so the new asphalt will align with the original curb height and pavement cross section. B. Full Width - This will consist of milling the entire roadway (i.e. curb line/edge of pavement to curb line/edge of pavement). All existing horizontal and vertical geometry shall remain unless otherwise indicated or approved by the Engineer. 55.8 MILLING OF INTERSECTIONS Intersections, as well as other areas (including radius returns) are to be milled and repaved to restore and/or improve the original drainage characteristics. Said work should extend approximately 50 to 100 feet in both directions from the low point of the existing swale. 55.9 BASIS OF MEASUREMENT The quantity to be paid for will be the area milled, in square yards, completed and accepted. 55.10 BASIS OF PAYM ENT The unit price for milling shall include: all materials, preparation, hauling, transporting and stockpiling of salvageable materials, disposal of all surplus material, any required milling of radius returns and intersections, prime and/or tack coat either required or placed at Engineer's discretion, removal of asphalt from curbs, sweeping, labor, equipment, and all incidentals necessary to complete the milling in accordance with the plans and specifications. 56 CLEARING AND GRUBBING The work included in this specification includes the removal and disposal of all structures, appurtenances, asphalt, concrete, curbs, walls, trees, roots, vegetation, boulders, conduits, poles, posts, pipes, inlets, brush, stumps, debris and other obstructions resting on or protruding through the ground surface necessary to prepare the area for construction. Clearing and grubbing shall be performed in accordance with Section 110 of FDOT's Standard Specifications (latest edition). Unless otherwise specified in the contract documents, the Contractor shall take ownership of all removed material and dispose of them off-site in accordance with all Local, State and Federal Requirements. SectionlV.doc Page 122 Revised: 9/22/05 Section IV - Technical Specifications 56.1 BASIS OF MEASUREMENT The basis of measurement shall be either a lump sum quantity or the number of acres cleared and grubbed as specified on the plans or directed by the Engineer. 56.2 BASIS OF PAYMENT The pay item for clearing and grubbing shall include: all removal and disposal of materials and structures as well as all materials, hauling, equipment, tools, labor, leveling of terrain, landscape trimming and all incidentals necessary to complete the work. 57 RIPRAP The work included in this specification includes the construction of either sand-cement or rubble riprap as shown on the plans. The riprap shall be constructed per Section 530 of FDOT's Standard Specifications (lastest edition). 57.1 BASIS OF MEASUREMENT The basis of measurement for riprap shall be the volume of sand used in cubic yards for sand- cement, or the dry weight in tons for rubble. 57.2 BASIS OF PAYM ENT The pay item for sand-cement riprap shall include: all materials, testing, labor, grout, hauling, equipment, excavation, backfill, dressing and shaping for placement of sand-cement and all incidentals necessary to complete the work. The pay item for rubble riprap shall include: all materials, required bedding stone, dressing and shaping for placement of bedding stone, filter fabric, testing, hauling, excavating, backfill, dressing and shaping for placement of rubble, and all incidentals necessary to complete the work. No payment will be granted if concrete or stone that exists on-site is used as rubble riprap. 58 TREATMENT PLANT SAFETY This article applies to all City projects located at one of the City's Wastewater Treatment Plants (WWTP) or Potable Water Reservoirs. 58.1 HAZARD POTENTIAL The Contractor shall be aware that hazardous materials are used at the WWTP's arid the water reservoirs. These may include sodium hypochlorite, gaseous chlorine, sulfur dioxide and ammonia. Potential safety hazards associated with these substances include: . An accidental spill or release can impair respiratory functions and result in severe bums to the skin and eyes. At the pre-construction conference, the contractor will be provided with a copy of the City of Clearwater Public Utilities Department Emergency Response Plan, and a copy of the applicable Material Safety Data Sheets. All employees of the contractor and sub-contractor assigned to this job shall be familiar with the content of these documents. SectionIV.doc Page 123 Revised: 9/22/05 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 I I I I Section IV - Technical Specifications 58.2 REQUIRED CONTRACTOR TRAINING Prior to issuance of a notice to proceed, the contractor must submit documentation regarding employee safety training relating to the items in Section A above. The documentation must include: . Verification that all employees assigned to this job have received and understood training in the proper work practices necessary to safely perform the job while working around gaseous chlorine and sulfur dioxide gas. . The date of the training, and . The means used to verify that the employee understood the training. 59 TRAFFIC SIGNAL EQUIPMENT AND MATERIALS All traffic signal work shall be performed per the latest edition of FDOT's Standard Specifications (Sections 603 through 690), unless otherwise specified in the contract documents and plans. This specification includes, but is not limited to, the following items: all necessary equipment, materials, guaranties, acceptance procedures, signal timings, field tests, grounding, conduit, signal and interconnect cable, span wire assemblies, pull and junction boxes, electrical power service assemblies, poles, signal assemblies, pedestrian assemblies, inductive loop detectors, pedestrian detectors, traffic controller assemblies, controller cabinets and accessories, and removal of existing traffic signal equipment. All mast arms signal installations shall meet the requirements of FDOT's Mast Arm Assembly standard, and shall be signed and sealed by a professional engineer registered in the state of Florida. All mast arm calculations, as well as the geotechnical report, shall also be signed and sealed by a professional engineer registered in the state of Florida. All mast arm poles shall be chestnut bronze, with the color approved by the City prior to placement. All traffic signal indicators shall be LED's, approved by both the City and FDOT. Contractor changes to the operation of an existing signal is PROHIBITED unless directed by the City's Traffic Engineering Division. 59.1 BASIS OF MEASUREMENT AND PAYMENT The basis of measurement and payment shall be specified in the contract documents and/or plans and shall include all equipment, preparation, materials, testing and incidentals required to complete the work per the plans. 60 SIGNING AND MARKING All signing and marking work shall be performed per the latest edition of FDOT's Standard Specifications, unless otherwise specified in the contract documents and plans. This specification includes the following work: RPM's (Section 706), painted traffic stripes and markings (Section 710), thermoplastic stripes and markings (Section 711) and tubular delineators/flex posts (Sections 705 and 972). The Contractor is responsible to ensure that striping is correctly placed. Errors in striping or markings shall be "blacked-out" with paint, unless otherwise directed by the Engineer. No Section IV .doc Page 124 Revised: 9/22/05 Section IV - Technical Specifications payment will be made for these incorrect or "blacked-out" areas. Omissions in striping or markings shall be corrected to the City's satisfaction prior to any payment being made. 60.1 BASIS OF MEASUREMENT AND PAYMENT The basis of measurement and payment shall be specified in the contract documents and/or plans and shall include all equipment, preparation, materials and incidentals required to complete the work per the plans. 61 ROADWAY LIGHTING All roadway lighting shall be constructed per Sections 715 and 992 of FDOT's Standard Specifications (latest edition), unless otherwise specified in the contract documents and plans. 61.1 BASIS OF MEASUREMENT AND PAYMENT The basis of measurement and payment shall be specified in the contract documents and/or plans and shall include all equipment, materials, testing and incidentals required to complete the work per the plans. 62 TREE PROTECTION 62.1 TREE BARRICADES A. A protective barrier shall be placed around all protected trees and palms prior to land preparation or construction activities within or adjacent to the work zone, including all staging and/or lay down areas. Protective barriers shall be installed as follows: 1. At or greater than the full dripline of all species of Mangroves and Cabbage Palms. 2. At or greater than the full dripline or all protected native pine trees and other conifer speCIes. 3. At or greater than two-thirds of the drip line of all other protected species 4. At or greater than the full drip line of trees within a specimen tree stand. B. Protective barriers are to be constructed using no less than two-inch lumber for upright posts. Upright posts are to be at least four feet in length with a minimum of one foot anchored in the ground. Upright posts are to be placed at a maximum distance of eight feet apart. Horizontal rails are to be constructed using no less than one inch by four-inch lumber and shall be securely attached to the top of the upright post. The project City's representative must approve any variation from the above requirements. C. Whenever a protective barrier is required, it shall be in place until all construction activity is terminated. The area within the barrier limits shall remain undisturbed by any activity during construction. Native ground cover and understory vegetation existing within the barriers shall remain throughout construction. Exotic plant species may only be removed by manual labor utilizing hand tools or by other means if authorized in writing by the City's representative. D. Prior to the erection of any required protective barrier, all surface foreign material, trash or debris shall be removed from the area enclosed by the barrier, and after erection of the barrier no such material or litter shall be permitted to remain within the protected area. No SectionlV.doc Page 125 Revised: 9/22/05 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 I I I I Section IV - Technical Specifications equipment, chemicals, soil deposits or construction materials shall be placed within such protective barriers. E. No signs, building permits, wires, or other attachments of any kind shall be attached to any protected tree or palm. F. At all times, due care shall be taken to protect the critical root zone of trees protected by this section, and root pruning requirements shall apply to such trees. 62.2 ROOT PRUNING A. Where proposed construction improvements involve excavation and/or impacts to the critical root zone of protected trees, the Contractor shall be required to have an International Society of Arboriculture (ISA) certified arborist perform, or directly supervise root pruning to reduce the impacts of construction. The critical root zone is equivalent to the tree's dripline. Prior to any clearing, grubbing or excavation activities, the affected roots must be severed by clean pruning cuts at the point where grubbing or excavation impacts the root system. Roots can be pruned utilizing specified root pruning equipment designed for that purpose or by hand digging a trench and pruning roots with a pruning saw, chain saw or other equipment designed for tree pruning. Root pruning by trenching equipment or excavation equipment is strictly prohibited. Roots located in the critical root zone that will be impacted by construction activities shall be pruned to a minimum depth of 18 inches below existing grade or to the depth of the proposed impact if less than 18 inches from existing grade. Tim Kurtz, Senior Landscape Architect is the City's Representative on Public Works projects for root Pruning issues and can be reached at (727) 562-4737, or through the construction inspector assigned to the project. B. Root pruning shall only be preformed by or under the direct supervision of an International Society of Arboriculture (ISA) certified arborist. C. Any proposed root pruning trenches shall be identified on site (i.e. staked or painted) inspected and approved by the City's representative prior to actual root pruning. D. Root pruning shall be preformed as far in advance of other construction activities as is feasible, but at a minimum shall be performed prior to ANY impacts to the soil. Associated tree protection measures should be implemented upon completion of said root pruning. E. If there is a likelihood of excessive wind and/or rain exceptional care shall be taken on any root pruning activities. F. Root pruning shall be limited to a minimum of ten inches per one inch of the trunk diameter from the tree base. Any exception must be approved by the City's representative prior to said root pruning. G. Roots shall be cut cleanly, as far from the trunk of the tree as possible. Root pruning shall be done to a minimum depth of 18" from existing grade, or to the depth of the disturbance if less than 18". H. Root pruning shall be performed using a Doscocil Root Cutting Machine or equivalent. Alternate equipment or techniques must be approved by the City's representative, prior to any work adjacent to trees to be preserved. I. Root pruning shall be completed, inspected and accepted prior to the commencement of any excavation or other impacts to the critical root zones of trees to be protected. SectionlV.doc Page 126 Revised: 9/22/05 Section IV - Technical Specifications J. Excavations in an area where root are present shall not cause the tearing or ripping of tree roots. Roots must first be cleanly severed prior to continuing with the excavation, or tunneled around to prevent damage to the root. K. Tree roots shall not be exposed to drying out. Root ends shall be covered with native soil or burlap and kept moist until final backfill or final grades has been established. L. When deemed appropriate (e.g., during periods of drought) the City representative may require a temporary irrigation system be utilized in the remaining critical root zones of root pruned trees. M. When underground utility lines are to be installed within the critical root zone, the root pruning requirement may be waived if the lines are installed via tunneling or directional boring as opposed to open trenching. 62.3 PROPER TREE PRUNING A. All tree pruning and/or root pruning on existing trees to remain shall only be preformed by or under the direct supervision of an International Society of Arboriculture (ISA) certified arborist. Furthermore, all tree work shall conform to the American National Standards Institute (ANSI) 2001, American National Standard for tree care operations - Tree, Shrub and other Woody Plant Maintenance - Standard practices (pruning) ANSI A-300. B. Proper pruning techniques for all lateral branches of protected trees are required. Flush cuts (pruning cuts that remove the branch collar) and stub cuts (cuts that leave a stub on the tree) are improper techniques. Any protected tree that has been improperly pruned will not be recognized as a tree left on the project in a healthy growing condition, and will require replacement consistent with the current City Codes and Ordinances. C. No protected tree shall have more than 30 percent of its foliage removed. D. No protected tree shall be topped, hat racked or lion-tailed. Any protected tree that has been improperly pruned will not be recognized as a tree left on the project in a healthy growing condition, and will require replacement consistent with the current City Codes and Ordinances. E. Tree Trunks and limbs shall be protected. The use of tree spikes or other devices that damage trunk and bark tissue on protected trees shall be prohibited. Any protected tree that has been damaged in such a manner will not be recognized as a tree left on the project in a healthy growing condition, and will require replacement consistent with the current City Codes and Ordinances. 63 PROJECT WEB PAGES 63.1 WEB PAGES DESIGN If requested by the City, Engineer shall design the Project Web Site in accordance with the current City Web Site standards and styles. Project Web Site should include general project information as: Project Name & Number, Scope description, Location, Schedule, and Project Contacts. Note: Occasionally City modifies the general design of the City's Web Site, and the Engineer shall consult the City Webmaster for the current requirements, before designing or updating the Project Web Pages. SectionIV.doc Page 127 Revised: 9/22/05 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 I I I I SECTION V CONTRACT DOCUMENTS l. Q I I I I I I t I I I I I I , I I , " , THIS BONO HEREBY AMENDED SO THA T THE PROVISIONS .I\ND liMITATIONS OF StCT!O~J 255.05 OR SECTION 713.23 II.Mn 7n24:; F!_on;:lf\ STVUTES. WHICHEVER IS :IPPLlCABlE, AND ALL rJOTICES AND TIME LIMITATIONS PROVIDED THEREIN ARE INCORPORATED HEREIN BY Rl'FERENCE. BOND NUMBER: 2I.OCml<ZDl CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we R. E. PURCELL CONSTRUCTION CO., INC., Contractor and THE HARTFORD FIRE INSURANCE COMPANY (Surety) whose home address is 1550 STARKEY ROAD, LARGO, FLORIDA 33771 HEREINAFTER CALLED THE "Surety", are held and tilll1ly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: TWO MILLION ONE HUNDRED FIFTY-SIX THOUSAND FIVE HUNDRED SEVENTY-NINE DOLLARS AND EIGHTY- SIX CENTS ($2,156,579.86) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful perf o 1111 ance of a celiain written contract, dated tbe day of , 2007, entered into between the Contractor and the City of Clearwater for: 2007 STREET RESURFACING PROJECT (07-001 I-EN) a copy of which said contract is incorporated herein by reference and is made a pari 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 tenus 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 Adveliisement for Bids, Fonn of Proposal, Fonn of Contract, Pom1 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 andsave han11less the said Owner against and fi'om all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the pari of the said Contractor agents or employees, in the execution or perf01111anCe of said contract, including elTors in the plans fumished by the Contractor, and fmiher, 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 sllstain on account of such work, or on account of the failure of the said Contractor to properly ane! in all things, keep and execute all the provisions of said contract. P.lgl: 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 fuliher 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 cOlvoration by reason of any damages arising from the perf0I111anCe 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 perfonnance of the said work by the Contractor or his agents or servants, or the infioingements of any patent rights by reason of the use of any matelial fumished or work clone; 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 fumished 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 tem1S of the contract or to the work to be perf o ll11 ed 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 ten11S of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the pariies hereto this day of , 2007. ATTEST: ~ Chl/Vi\ Q~ R. E. PURCELL CONSTRUCTION CO., INC.. CONTRACTOR BY~ -15fi2.tA.. ~ Raymond E. P~rcell, piT; sident WITNESS: JWmiUID FIRE ~ UJ1PANY SURETY BY:!io~-:; J~ c. Crngelio (-~~~ Janes C. COOgelio Florida Resident Agent PlIge 1 I I POWER OF ATTORNEY ~, , Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757 -5835 Agency Code: 21-222192 I KNOW ALL PERSONS BY THESE PRESENTS THAT: I [K] [K] [K] o o o o o Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State ofIndiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State ofIndiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida , I having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: I . James C. Cangelia, Tom S. Labrana, 111, Tom S. Labrana, IV of I ~~.R their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by [8], and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. I I ~"""""~ R"~""'" ::;/~~ !~I * - ~ .c. I'" I: V.;....t 111 ~il ~~~~~.~~I;~~~t>~ -"1'__~.",\", ~'~ i~~~~:~ ! ~ 1....,p.O"O,,ij'4\.;. \ \\\ tf}-19jj) ~ f~O Ct. ~ Paul A. Bergenholtz, Assistant Secretary I STATE OF CONNECTICUT} 55. COUNTY OF HARTFORD David T. Akers, Assistant Vice President Hartford I On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed I his name thereto by like authority. .) ^ ~T7f-)-?~' ..<:.~ c..,.w C / ,~/""'-. Scott E. Paseka I ~~ CERTIFICATE My Commission Expires October 31, 2007 , I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. I ~"""'''''~ ~'l.~....... ;~~ ;:~: .. _I ie. ,:.:! \,~:..'s 7 /~~f ~ .'~"".""-:-.Y ~""f~~l~' ~'::t !; 1\.r-o~fJ~~ \" ~ \ iO' - l~= ~~~!J ~"W I I Gary W. Stumper, Assistant Vice President POA 2005 - 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 11!!:day Ofrti:AL ~ , 2007 by and between the City of Clearwater, Florida, a municipal corporation, herei er designated as the "City", and R. E. PURCELL CONSTRUCTION CO., INC. of the City of LARGO, 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 of the 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 perfonl1 all labor, furnish all materials, tools and equipment for the following: 2007 STREET RESURFACING PROJECT (07-00114N) FOR THE SUM OF TWO MILLION ONE HUNDRED FIFTY-SIX THOUSAND FIVE HUNDRED SEVENTY-NINE DOLLARS AND EIGHTY- SIX CENTS ($2,156,579.86) 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 perfonl1ed 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 perfonl1ed 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 perfonl1 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 confonn to the following requirements: In connection with the perforn1ance 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 fonns 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 otlicer 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 perfonned 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 perfonned 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 perfonn 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 perfonnance of the tenns and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such perfonnance 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 perfonnance of the work under the tenns hereof shall be completed and furnished to the City in a fonn satisfactory to it. Page 4 - 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 PINELLAS COUNTY, FLORIDA BY~ ~.JJ William B. Home, II City Manager Countersigned: By 1~~ Fnuik Hibbard, Mayor-Councilmember (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). (Seal) Assistant City Attorney R. E. Purcell Construction Co (? t;- ,!2t-?a: t( (i:Vtt\7 .It> Ii..-r Tnc (Contractor) By1?~ A.)aa?~P1J{q' Raymond E. Purcell, President Page 5 . I I I I I I I I I I I I I I I I I I I PROPOSAL BOND (Not to be filled out if a certified check is submitted) KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned, .R..E. PURCfLL CONSTRUCTION CO., INC. as Principal, and HARTFORD FIRE INSURANCE COMPANY ~ as Surety, are held and firmly bound unto the City of Clearwater, Florida, in the sum of Two IItln~~~dcT~iis1'l!ousalHl E:~yht-MundreeoIlars ($210,00 0.0 () (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. $215,657.99 (Two Hundred Fifteen Thousand Six Hundred it Fifty Seven Dollars and Ninety Nine Cents The condition of the above obligation is such that if the attached Proposal of _ R.E. PURCELL CONSTRUCTION CO., INC. as Principal, and HARTFORD FIRE INSURANCE COMPANY as Surety, for work specified as: ?nn] STRFFT RESURFACING PROJECT, P.LD. No. 07-0011-EN 'aU as stipulated in said Proposal, by doing all work incidental thereto. in accordance with the plans and specifications provided herefor, all within PineUas 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 19th day of Apri 1 . 2007. SCOTT WILLIAMS 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: VICE PRESIDENT Title James c. Congelio, Attorney-in-Fact & Florida Resident Agent SectionV.doc Page 7 Revised: 5/11/2006 - I I POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 P.O. BOX 2103,690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757 -5835 Agency Code: 21-222192 !TI Ilartford riretnsuranceCompany, a corporation-duly organized under the laws of the State of Connecticut !TI Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana !TI Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut C=:J Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut C=:J Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana C=:J Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois c::::J Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana c::::J Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: I I James C. Conge/io, Tom S. Lobrano, 1/1, Tom S. Lobrano, /V I of Jacksonville, FL their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by [8], and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, and any and a/l Surety Bonds and any and a/l consents required by the Florida Department of Transportation incident to the I release of retained percentages and/or final estimates on engineering and/or construction contracts, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003, the Companies I have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. I ~~ f:~~\~\ iH 19';9. li:~ \';"\'. li..i '''''.;''' .~ ~""~_....-.:. "J ~~ ~,..~V~ C"'\ \( \. \.-.~.J I f~O Ct. i~~~ I! f,"'C~'-:1I4rf'(}": ~ ~ \~\. J.91~/;f 'Ii..':':'__ ,,~'1 ~~~ ,~ i 1 ,""'-""". ", ,;(' * }lJ ~\ 19'1~ (I ~':~~>~~.,;< ' David T. Akers, Assistant Vice President I CERTIFICATE I ~,.,...,~ ~.; =:{'~r~'\ \~J;~~2.~~~f} ~f,.,~~~ I I /l'J {C . jy{~~, {.' FL DOT I'OA 2004 Gary W. Stumper, Assistant Vice President - 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) DALE E. PHII,.LIPS being duly sworn, deposes and says that he/she is SecreUuyof R.E. PURCELL CONSTRUCTION CO., INC. a corporation organized and existing under and by virtue of the laws of the State of Florida, and having its principal office at: 1550 STARKEY ROAD, Street & Number STATE OF FLORIDA ) COUNTY OF PINELLAS ) LARGO, City PINELLAS County FL. State Affiant further says that he is familiar with the records, minute books and by-laws of R.E. PURCELL CONSTRUCTION CO., INC. (Name of Corporation) Aflhmt further says that SCOTT WILLIAMS is VICE PRESIDENT (Officer's Name) (Title) of the corporation, is duly authorized to sign the Proposal for 2007 STREET RESURFACING PROJECT forsaidoorporationbyvirtueof PROVISION OF BY LAW (state whether a provision of by laws or a Resolution of the Board of Directors. Ifby Resoluti. of adoption). ......... \ _ e:a-- DALE E. Sworn to before me this 19th day of APRIL , 2007 ~~~ Notary Public ",\\"lfll/III',~ ~"" ~\l6ith Untus ~II~ ~ ............ ~ ~ .' _\\11\55/01\' L- . ~ ~ .- a~~ 7 ':.t e.- ~ ~ ...>...CJ ~~'1 ,200/~" ~ ~ l~ ~~ ~ :*: ... :*= - .. .. - ~ ~ ~ #DD229690 : ~ ~ ~ ~.. ~ ..~~ ~?-9" ~.~naed'll\\l~ ,,'r!f~ ~,o( ;t-,{>'.;r"'IIl.ln~.' <r.v~ ",z i'0.'1.......~ O~ ~ 'II/ '- C !':Ti\i.. \".... fllllli j IH\\\\\\\ Se.clionV.doc Page 8 JUDITH LINTUS Type/print/stamp name of Notary DD229690 Title or rank, and Serial No., if any Revised: 5/1112006 . 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 ) SCOTT WILLIAMS being, first duly sworn, deposes and says that he is VICE PRESIDENT of R.E. PURCELL CONSTRUCTION CO , TNr 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. SCOTT WILLIAMS VICE PRESIDENT Sworn to and subscribed before me this ~ day of APRIL , 2007 \\\\\\ 111111111111. ~,,\\" ~~Ilith Un/lis 1111~. '* ......... ~ Q ~ ...~~\SSIO,y,(-:... ~ ~ .0 7#)'1;0. ~ ~ .. ""CJ ':>~~ ,cOo.> ~'. ~ ~ : ~ ~: ~ Notary Public =*. ... .*= ~~:. #DD229690 ::!!:~ JUDITH LINTUS ~0.. ..~~ ~~'" ~8onded'll~ .'~~ %rA ..~~~~n-.~'::;-..~ ~#' "'I,fsuc, ST/I."'i'C. o",,\: "'1111 "'"\\\\\" Section V .doc Page 9 Revised: 5/1 1/2006 . I I I I I I I I I I I I I I I I I I I PROPOSAL (1) TO THE CITY OF CLEARWATER, FLORIDA, for 2007 STREET RESURFACING PROJECT (07-0011-EN) and doing such other work incidental thereto, all in accordance with the contract documents, marked CONTRACT # 04-0022-UT 2007 STREET RESURFACING PROJECT (07-0011-EN) 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 form 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: SectionV.doc Page 10 Revised: 5/11/2006 - --- 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 Clearwater, 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 undersigned 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 Clearwater, 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; otherwise, 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 is ~r certified check on Bank, for the sum of Two Hundred Fifteen Thousand Six Hundred Fifty Seven ($215,657.99 ) (being a minimum of 10% of Contractor's total bid amount). Dollars and Nine nine cents 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 firm 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 ofthe contract to the bidder). NAMES: ADDRESSES: Raymond E. Purcell, President 339 Anclote Rd., Tarpon Springs, Fl. Dale E. Phillips, Secretary, 3724 Fawn Grove ct., Land O'Lakes,Fl. Signature of Bidder: ~~ SCOTT WILLIAMS, (The bidder must indicate whether~artnership, Company or Individual). 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. thority, to bind the corpo tion. PRINC ~~ ~. By: SCOTT WILLIAMS Business Address of Bidder: 1550 STARKEY ROAD City and State: LARGO, FL. Zip Code 3 3 77 1 Dated at , this 19th day of APRTT. , A.D., 2007 LARGO, FL. STATE OF INCORPORATION: FLORIDA SectionV.doc Page 12 Revised: 5/1 ) /2006 - 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: 2007 STREET RESURFACING PROJECT (07-0011-EN) ...- Acknowledgment is hereby made ofthe following addenda received since issuance of Plans and Specifications. Addendum No. 1 Date: APRIL 5, 2007 Addendum No. 2 Date: APRIL 9, 2007 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: SectionV.doc Page 13 CONSTRUCTION INC. e of Bidde ) (Signature of Officer) SCOTT WILLIAMS VICE PRESIDENT (Title of Officer) APRIL 19, 2007 (Date) Revised: 5/11/2006 - I I I I I I I I I I I I I I I I I I I BIDDER'S PROPOSAL PROJECT: 2007 STREET RESURFACING PROJECT 07-0011-EN CONTRACTOR: R.E. PURCELL CONSTRIW'PTON ('0" TNr BIDDER'S TOTAL $ 2,156,579.86 (Numbers) BIDDER'S GRAND TOTAL Two Million One Hundred Fifty Six (Words) Thousand Five Hundred Seventy Nine Dollars and Eighty Six cents. THE BIDDER'S TOTAL ABOVE IS IDS TOTAL BID BASED ON IDS UNIT PRICES AND LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED FOR EACH SECTION. TillS 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. SectionV.doc Page 14 Revised: 5111/2006 - I I BIDDER'S PROPOSAL I 2007 STREET RESURFACING PROJECT (07-0011-EN) I UNIT EST. UNIT TOTAL BID ITEMS QTY. PRICE I WEDGE MILL (UP TO 2") SY 6,807 3. 5 ~ 24,164.85 2 FULL WIDTH MILL (UP TO 2") SY 167,463 2.5~ 427,030.65 2a FULL WIDTH MILLING (2" TO 4") SY 23,377 3. 1 ~ 73,637.55 3 FULL WIDTH MILL (4" TO 6") SY lOa 36.0C 3,600.00 4 ASPHALT RESURFACING (5-111) TN 10,152 91 .OC 932,832.00 ASPHALT RESURFACING (5-1): BETTY LANE (PALMETIO TO 93.0( 424,917.00 DREW), SR 580 (PATCH), MISSOURl A VENUE (DREW TO COURT), 4,569 5 COURT STREET (PATCH), MARTIN LUTHER KING A VENUE, COURT TN STREET (PATCH) SEE MAPS FOR PATCH WORK 6 ADJUST INLET TOP EA 10 2800.0 28,000.0( 7 MANHOLE RlSER INST ALLA TION EA II 200.0( 2,200.0C 8 MANHOLE ADJUSTMENT (PER SECTION IV, ARTILE 13) EA 9 ?qn nf ? n10 O( 9 MANHOLE RING REPLACEMENT (PER CITY INDEX 301) EA 6 600.0 3,600.0( lOa STRIPING - CROSS WALKS EA 43 1?n n l:) 1 nO 0 lOb STRIPING - TURN ARROWS EA 2J 40.0 920.0 lOe STRIPING - DASHED WHITE LF 8,150 O. 1 978.0C lad STRlPING - SOLID WHITE LF 7,600 0.3[ 2,660.0( lOe STRlPING - DOUBLE YELLOW LF 14,400 0.7 10,080.0 lor STRIPING - STOP BARS EA 49 40.0( 1,960.0 109 STRIPING- RAILROAD CROSSING EA 2 100 0 200.0 II PREPARATION, INSTALLATION AND MAINTENANCE OF PROJECT LS I 2,800.00 2,800.0p SIGNS 12a TEMPORARY STRlPING - DASHED WHITE LF 8,150 0 1 ') 978.0b 12b TEMPORARY STRIPING - SOLID WHITE LF 7,600 0.3 ) 2,660.0) 12c TEMPORARY STRIPING - DOUBLE YELLOW LF 14,400 O. 7 ( 10,080.0~ 13 SPEED TABLE EA 10 4,300.0 43,000.0~ IJa ACCESSffiLE CURB CUT RAMPS EA 7 1 qoo () 11 100 0 IJb TYPE I CURB LF 500 40.0 20,000.0 IJc V ALLEY GUTTER CURB LF 500 40 0 ?n non 0 SUB-TOTAL (ITEMS I-BC) $2,048,368.0 14 10% CONTINGENCY $ 204,836.8 TOTAL CONSTRUCTION COST (ITEMS 1-14) 2.253.204 8( ALTERNATE 1 - CONTRACTOR RETAINS MILLINGS TN 19,325 -(5.00) ($96,625 .lOO) BIDDERS TOTAL LESS ALTERNATE 1 2,156,579.86 I I I I I I I I I I I I I I I SHEET 1 OF 2 . I I I I I I I I I I I I I I I I I I I BIDDER'S'PROPOSAL 2007 STREET RESURFACING PROJECT (07-0011-EN) CONTRACTOR: R.E. PURCELL CONSTRUCTION CO., INC. BIDDER'S TOTAL $ 2,156,579.86 (Numbers) BIDDER'S TOTAL $ Two Million One Hundred Fifty Six Thousand Five Hundred Seventy Nine Dollars and Eighty Six Cents (Words) THE BIDDER'S TOTAL ABOVE IS IDS TOTAL BID BASED ON illS 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. SHEET 2 OF2 . I I I I I I I I I I I I I I I I I I I SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (A) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to CITY OF CLEARWATER, by Scott Williams, Vice President, for R.E. Purcell Construction Co., Inc. , whose business address is: 1550 Starkey Road, Lar2:o, FL 33771-3116 and (if applicable) its Federal Employer Identification Number (FEIN) is 59-1488185 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ). 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes, and means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (1 ) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement (indicate which statement applies). I I I X Neither the entity submitting this sworn statement, nor any of its officers, directors, executive, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. I _ The en!ity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. I _ The entity submitting this sworn statement, or one or more of its officers, directors, executive, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attached a copy of the final order). I I I I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN IS FORM. I I Scott Williams, Vice President I I State of Florida County of Pine lias Sworn to and subscribed before me this 19TH daYO~r}f~ J DITH LlNTUS I Personally known X I or Produced Identification Notary Public - STATE OF FLORIDA "., \,," "" 1/11 "i :\\, "h. L' "" ~,.... ~~6\\ tnflJs 'ft.r., commission expires 07107/07 ~ ....;S~I.O.... J.....~ ,:::. .'.,,~\" N€-..... ~ ~ . 0'1" 7 2 ",0. ;;- ~ .. u ~~'1 ' 00,,> ~ . ~ ;:' :-$ ~.~ ~ : .... :*= . . - ~ #D0229690 : ~ ~ 'I :~~ ... J;Sanded~ ..~~ ". :Oy 1~3r',\f'S\~.- <<" ~ , -, .. ....0(( ~ ,', Ie. ,'\ ,fy. ",.... , ! ',. ~,~: L ;. ~ -" ,\: I (type of identification) I I I I -.-- I I I I I I I I I I I I I I I I I I I DRUG-FREE WORKPLACE PROGRAM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that R.E. PURCELL CONSTRUCTION CO., INC. (Name of Business) does: (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 emplGyees 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 fully comply with the above requirements. Signed: Date: APRIL 19, 2007 -------------------- Ac#2 592785 . ...,~t~Tf.'~~~'IL~ffl:19~>\i'i;"' '".,i:',I,: :,1' DEPARTMENT OF BUSINESSc~ PltOiF,tSS,:&ONAI.t It~G{J';LATION ',I' ',' CONSTRUCTIONI~'f.tS'i'RY ~~ICEN;S'I~G':BE>ARt5:," S,~,Q#LO?05220007,5 . 05,(22 2006 Cl'506780l7CGC1S112S4 ':'f'he GENERAL, CbNTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 311 2008 WOODHULL, JOHN ROBERT JR 1'" R E PURCELL CONSTRUCTION COINC 2636 W GRAND RESERVE CIRCLE #910 GLEARWATER FL3 3 75.9 JEB BUSH GOVERNOR :::_,':'~::;.::\:')::I~"::'::'''':i:'i';'\,::,?:~:" " ,<',.> .....-.:.. ..," -- II{':"',,,<,;,:I,,' .'>~'-" .... . I~QNE MARSTILLER ,'. SECRET~RY . DISPLA Y AS REOUIRED BY LAW . I I I I I I I I I I I I I 1# /~~" STATE OF FLORIDA (!It ;6:,'F='~ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION , , \~. .J CONSTRUCTION INDUSTRY LICENSING BOARD ~. .~/ 1940 NORTH MONROE STREET ~~' TALLAHASSEE FL 32399-0783 (850) 487-1395 PURCELL, RAYMOND ENGLISH R E PURCELL CONSTRUCTION CO INC 1550 STARKEY ROAD LARGO FL 33771 STATE OF flORIDA AC# 2667656 DEPARTMENT OF BUSINESS AND ,I PROFESSIONAL REGULATION CUC056504 07/20/06 058098003 CERTUNDERGROUND & EXCAV CNTR PURCELL, RAYMOND ENGLISH R E PURCELL CONSTRUCTION CO INC IS CERTIFIED under the provisions of ch.489 FS. Rxpiration.d..te, AUG 31, 2008 L06012003109 DETACH HERE 2667658 ";>STJ\TE:Pf~:flO:RIDA DEPARTMENT OF BTJSINES:ii;: AND pi~.OFESSIONAL REGULATION CONSTRTJC'rIONINDTJSTRY'LICENSING BOARD LICENSE NBR 7 20 2006 058098003CUC056504 The UNDERGROUND UTILITY & EXCAVATION CO Named below IS CERTIFIED Under the provisions of Chapter 489 FS. I Expiration date: AUG 31, 2008 SEQ# L0607 2 003109 PURCELL, RAYMOND ENGLISH IRE PURCELL CONSTRUCTION CO INC 1550 STARKEY ROAD LARGO . FL 33771 . '. . - . - . - . .'~~. ".. ...." .~~~~. . yitt . ~~~~li II~ft~~it~Lk~~?,;i' A"__:_"':"_. ..___- _~.. _. _. ~.; '.1~,1~?:, J~~r,.."~~~J~~~~ ........ GO'''. 'rr:,;'" ;... ..;. ........ "'v~RNOR' , - 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 I I I SECTION VI CONSTRUCTION PLANS . Cl '" lota "'Odd'v'>l g Cl w ~ ~ " ;0 ~ 'lot'::> In <= --' f- :g, (I) '" 'E '" <J snaV<IN snlotl::> 13V<OO I l I [ "" u.. o CD ~ '" r- I- '" tl:J <i ~ ~ I ~ c6 ~ .. g ~ >- '" :>: CD l?5 . . CD Cl ~ (!) Z ~ N 0.. ~ <..> .. <J) ~ ~ ~ :5 Cl <..> [3 !;( Q5 0)0 Ll..O o N - 0) ~ o 0 o 0 o 0 ..-- V) ro ~ 0 0" 0 0) LO ..c (,,) .~ ..-- 0 w z-<l-. s: ~ (.) ~ ~ Z o (.) C) Z (.) <C LL a::: :::) en w a::: ~ w w a::: ~ en ...... o o N c o 'ill ~':!: iC ..f lito oc ~~ ~ 'i~ U '~i '"'0 AJ.I~ W r '" ~ocu_V:\G_nee~eet ~cing ~007_ET ~FACI_200~_Str~urfa~20.~ 3/12/2007 -- 2:25:57 PM - - - - - - . :!)~SGULPvI/::VV iE '1 BLVD .." ilCORONADO @ G~ 0 ~~ ~(/) DR ..., DR ...,~~ o :n o :n ~I I8EAcH"'LmJr5D D"'O:l>O O ~MANDALAY ~LJ!C:S~ ~ '" ~ g ctSAVEZ ~" :l> rz o -t g: ~ r ~ETT'A- 0 ~ t. ~ ~~~E D~I (Jl EAST SN~C/) m iii ~ SHORE DR .... ~ POINSETTIA '" s:~ ~~'" m~?( 30'<fN'<f1dS3 n ~ n ~ n ~ n ~ ELOORAOO AVE U~U~U~U~ I \\c=J~c:=JJCJ~D > -< MANDALAY '" 8 ~:n AVE 1"1 I~D~L-l#~~ ~L--1~D ~ d~ ~ Q ~BRUCE AVE> ;j f' AVE ;06;0;;[ J CJ D l J~ : D ~ Ciir 1~1I II~ LANTANA e5 BAY '-----------I L-J ~ ~~ r---, ESPLANADE ~SSUS ~ ~ c=:JfC] ~ ~ ON'dlSI ~ Clearwater :E DRAWN BY: JHH 2007 STREET RESURFACING CONTRACT .~z 1 inch equals 1000 feet CHECKED BY: OM o~ Feet DATE: 3/12/20071 SHEET 2 OF 8 Engineering Department 0 500 1,000 2,000 Geographic Technology Division m ATLAS PG#: 2498,258B,267B,276B :i(1 w :i( ~OCu_V:\G_inee~eet ~cing ~007_ET ~FACI_200~_Str~urfa~20.~ 3/29/2007 -- 11 :29:20 AM - w :i( '" o 2J []]~D BALMORAL DR ~ I I I I PINEWOOD ST I I PALMWOOD I 181 WHITEWOOD ~ I I~I FRUITWOOD I I PARKSIDE I I I I ST ST ST DR U OR OR I J o~ Duncan Ct D DR OR EMERALD w :i( z :c o Ii ~ OR u. u. ::> '" o ~ f- ffl '" 15 o ~ DR w :i( C> z ~ GRACEL YN IrnJ o '" PIN~ oST ~ <:: ~ ]' '" ~ if <J) ~ ~ - - - - - . c=::::J c=::::J [ J [ I [ ] [ I [ I o I ] ~ II I I RO o o I~ 0 o " <:: (f) o w 0: w ~ ~ ~ u :i( ~ <:: 0 ~D D;[]ID. :-::~ IID~ [J 0 D D'D MAGNOLIA Q{J~ ""~OO {[j! ESTELLE zll <:: u ~I CO I MEADOW I C=:J BEVERLY I'--------.-J BRENTWOOD II II I~D LA ~mD~"~' O~ HUNT LA!Z 19j I J~ REDCOAT LA ~ 0 5~~ :c PENNY '" o ;;: o '" '" o ::; KENDALL LAKEVIEW '" o '" o '" o JAFFA PL I", BASCOM WAY 0 I GROVEWOOD ffi I~I MINNEOLA ST. CHARLES gjl I: u HABERSHAM CLAIBORNE RO HARN w '" U ~ ~ '" W lD W ;;: ~ w :i( w :i( w o ~ ~ lD ~ ::> G '" <:: & ::> al '" w 'Z ('j ~D [ CROYDON I ~ u[illJ [ilu ;:: CAMPUS~~ DR I I >- ACADEMY KENMOORE ~ I ~I MAGNOLIA 1 ~ 5 DR ~ COLLEGE ~ 151 1 !liD ~[ ~ ::>UNIVE R.s... DR :c RIPON DR!z '" 0 ,-----.<....).- <:: 0 0 ~0 I u z ~ UNIVERSITY .... BURNICE DR MORNINGSIDE DR CURTIS DR N w CJiDi CURTIS u. DR S rr==n U RD S (f) ::; <:: ::; ..J ;:: C> z ir w Q. CIJ ~ o o ~ :c u z ~ STANCEL DR PL RD '" o '" o w :i( DR o ~ f- ff1 (f) '" '" f2 ~ ~ Clearwater N DRAWN BY: JHH w-\r' 1 inch equals 1000 feet CHECKED BY: DM u_ 2007 STREET RESURFACING CONTRACT Feet DATE: 3/29/20071 SHEET 3 OF 8 Engineering Department 0 500 1,000 2,000 Geographic Technology Division S ATLAS PG#: 298A,308A c CORONET GROVE DR LA >- :c b '" 8 I I DIPLOMAT DR i~~1 CI=,~ IJi ~ lD ::; <( ~ r:i. cj z ~ DR I~ '" o o ..J W u: '" ~ 9 w u: :c C> J: DR o ..J W Ii: f- ~ Q. ~ w '> DR <( ..J DR w g al IMPERIAL ~Ocu~:\GI_neer~et ~cing ~007-=T R-=ACI~007__Str~urfa~20.~ 2/15/2007 -- 2:49:49 PM . ~N ~~ McCORMICK ~ DR w f- Z W U ARB ELlA BERMUDA - - - - . - - UNION STREET CEDAR AVE lAKE .0, 7TH ST ~DQ ~D;D m '" ~ HARBOR OAKS CIR 6TH ,:-=:) I:D~ SPRUCE '0" DO ~ Lrl ~ ;:: 0 w "- ...J "- OAKS ~ <( ::;: 4th ST. 4TH HARBOR LAKE C;] O(J o u ROBINWOOD () S? c:i ~ \) W '" <( ...J >- W '" '" <( C.R. 576 SUNSET Sunrise Dr. e ~ ;:: Ii cj f- a (/) w ~ 0 "- C.R.193 RD C.R. 576 AVE BBI W ...J => o (/) r~~1 A ~I SOUTH I~~ 0 I~D~Dmiuiu: o ~ iUiUi: SR 590 4TH MORNINGS IDE ST CROIX DR 15 ~r>-Inll I~lm o i SARA.. H.. DR 0 <( L I~ ~ I ~~==------.J (/) z~ _ J x '<'. CATHERINE DR W _ 0> ~I ~ 5 0 IfE~~ lii~- ST ~ JOHN 31 I ~c=;- DR SR590 D I f- 8 <Xl BLVD ~ DR N TERRACE TERRACE DR ~; j; ~ ('i 8 ~ o ~ ~ o 0 ~ o ~ ~ o 0 ~ o o <( o Z ;;:: f- ...J W ~ z a: w ~ ~ !{l ~ u 0 :3 iE (/) z ~ w w ~ ~ C> &0 !z w => s 8 KUMQUAT DR w I Is 5 SHADOOCK DR ~ Clearwater N DRAWN BY: JHH w-<r' 1 inch equals 1000 feet CHECKED BY: DM u~ 2007 STREET RESURFACING CONTRACT Feet DATE: 2/15/20071 SHEET 4 OF 8 Engineering Depar1ment 0 500 1,000 2,000 Geographic Technology Division S ATLAS PG#: 256A ~OCu~:\G_inee~eet ~cing~007_ET ~FAC_200~_Str~urfa~20.rIIII 2/15/2007 -- 3:06:53 PM w ~ ESTANCIA BLVD w z z 15 - - - - - - . Od BLVD 0::h-nJ~ o g? ~ w z 3 WESTCHESTER is !Er CLUBHOUSE DR S o '(0"1- 0:: Cl Z w 0:: 0:: ~ Cl Cl :I: '" " ~ '" w 0:: ...J 0:: It w 0.. III t5 0:: DUU Cl I Pines 1 UUU Dr NewbernAve >. 1 EVANS RD ~Dr J 0 ~~ ~ &1 w :I: S. R. 580 (( ~ EVANS Cl ::i C2l III W 8 a: t 0-= 0:: w :I: ~ :I: ~D'2' ~ ~ ~ Cl ~ Way < DR I I ~nrrn~n~n iUiUiUlut DR 15 w >- Z ~ Cl c 8 5 ~ iD ~D~ 1il iil ~ ~ ~ BRAMBLEWOOD S III ENTERPRIS E RD ~ Clearwater N DRAWN BY: JHH w-\r ' 1 inch equals 1000 feet CHECKED BY: DM u~ 2007 STREET RESURFACING CONTRACT Feet DATE: 2/15/20071 SHEET 5 OF 8 Engineering DepaJ1menl 0 500 1,000 2,000 Geographic Technology Division S ATLAS PG#: 211A,222A '" l!l CITY OF ii n "':0 - ~~. n> lit :0 ~ ...'" ~ :0'" !!..g ~j ....... 2_ n> :s.a l/!. - 0 :0 N 0 0 ~ en -I ::0 m m -I ::0 m en c: ::0 ." )> (') - z G') (') 0 Z -I ~ (') -I ;:;: .-<rz m 0 ..... :J (") :r (J1 CD 0 .n 0 c OJ Ui ..... ..... 0 0 0 0 0 0 CD' ~ I\.) 0 0" OCD CD ..... )> 0 (") 0 -l )> :x: ~ r -l m )> f1:1 (") ::E en ^ z -u ~ m ~ 0 OJ "" OJ ~ ;;;:; ~ <- "" C> 00 C> :x: ..... ..... 0 :x: )> f-- s: _OJ en "" :x: CD m en m _OJ -l w en C> ..... 0 )> -n 00 AVE HIGHLAND ;u ~ 0 ;u ~ III r ~ C 0 0 ;= -; ;U 0 c:! Gl ~ r C r Z Z (J) 0 m (J) 0 0 () Gi r ~ 0 I > Cii > )ll (J) -; -; I ~ ~ ~D. Rd E ~~~Ji[~ffi'l [J nm~ ;: ~D~l~ AVE I~I I WOODSIDE I ~I I )> I D ~ I WOODCREST gAVE ] ~ I ! 0 c ~'"" II U~!u! (J) -; (J) (J) -; -; (ASHING l~CJ MADISON AVE (J) -; (J) -; AVE . - - I .. - - - - _ocu~:\GI"nee~et ~cing "007-=T R-=ACI~007__Str~urfa~20.~ 3/12/2007 -- 2:32:59 PM ,... m o z :I: C lil o z ~. 0<:>.:& ~ 01:1 MYRTLE" ~ AVE~ n!n~niD ~ LJ ~ SCRANTON 6 AVE ~I I~ I I F '" TILLEY ~ TILLEY 0 AVE Glenn D L MILLER ::01 I I I ~ ~ ~ PROSPECT AVE ~ ,... ~ 1 CI> AVE '!l z m :;: AVE TIOGA I l'!l TIOGA ~ WASHINGTON ~[ I WASHINGTON ~ CRAWFORD l'!ll rOL~NDER I I MADISON AVE I I THOMPSON '" MICHIGAN I I 01 I I MISSOURI AVE S.R. 651 ~I I I I I I I I:;: I CD" ""ll go. ..~ 0 I~I JEFFERSON I~I AVE ..... 8" C z '!l AVE' [ ~ I I I I I D~: ~ YOUNG z AVE I I I I I 1 ICI>I -t I I I I z I I I I FREDERICA AVE II I~ I~ (] I I BOYLAN I BETTY I~ DL D~m~ nrl r\ll~~ ~ I J U U U'O!L5r-=Y D D 0 HAMLET ~ ~ IJlD ! : o CI> ~ IlJ DID CJlJTI I I D~ ~\ ~]D DC O~D~[J~DiD D~D [J~ ~ ~ ~~cr ~ [J [J n n D D~C EWINGDDDD ~ D'!lD c5 D~O D~D '!l '" /WE . o MARTIN LUTHER KING JR 1 gs 1 "TIOGA ~ PEAJI I:I:I ~ WASHINGTON gl11 MADISON I 1 ~ '!ll l'!ll MICHIGAN '!l I ~ ~ YOUNG AVE FRIEND AVE AVE LA CI> -t '" '" o 0 lil :I: '" m '" ~ C -t :J> '" -t I I I AVE I I o o c ~ AVE AVE '" -t '" -t AVE I n~n(nill e--'5~J DID~ I lJ U U U LINCOLN" AVE SHERMAN MCVEIGH o~ IJCI> ~Don:;:D'" -t :i "'U~ ~); }.,,"4S MARK DR ~ Clearwater ~ DRAWN BY: JHH 2007 STREET RESURFACING CONTRACT .-<rz 1 inch equals 1000 feet CHECKED BY: DM u~ Feet DATE: 3/12/20071 SHEET 7 OF 8 Engineering Department Geographic Technology Division m 0 500 1,000 2,000 ATLAS PG#: 296A, 30SA, 314A ~OCu~:\G_neer~et ~cing ~007~T ~ACI_200~_Str~urfa~20.~ 3/12/2007 -- 2:34:23 PM A L- a .c L- eo I wD~D Dt1:D;9 ST ~ ~ ~ ~ :::;: ST CARLTON ffil 8D~D~ TANGERINE w [iJ ENGMAN zl I:i( CfJr--I II ~ ST ~ ~L-J L-J~I 113 -DO ~,,~' ::;0 i~:~'rnl",ST,g CEDAR ~O 3-l0.~ UlJ>~ U~ U 0 MARGOD D [ C/O DOLO ::r n SEMINOLE !utjD / fill I D D D~I ~ w ELDRIDGE ST lf~;~ ~ ~ I fill I ~ ~ ~E L-J c=J I MAPLE MAPLE v:::: D = w w w ~ ~ ~ ~ JONES >ST - - 0 w 8 D D I III I D ~~D D D ~ ~ ~ :i( 5 liiL [ ~;D D D~nld;I~::vE I 1ST /0 [5n~ngD:3D~~i5 ~ ~ ffi HENDRIC~ D ~ I I I ~~~Q~wn, ~u ~~ ~ ~ LAURA ~ ~D ~ ~ LAURA I ST ~~ GROVE :t ST::i w g D r ~ D D D~I I C_ I D-D~Dm ~ ~ ,----, I CLEVELAND ST ~Ui~z' -I ~~~~..uu · D~D~ [] r,;;,J ~In~ PIERCE 8 ST ~ II ~ ST <( I PIERCEJ D~ [1'1] l'^'""'el D~ OlD 17~C]~[4J'u~ COUR~ C] I ~I D GOULD ST I ~cirv1 I?~n~ i I D - S.R60 . C-J L':/ - - . - - - - :3 w :i( ~ o I Otis C Green zD ~ CEDAR ~D PALMETTO CfJ w :J I 0. ST NICHOLSON ST ~lJ !'~OG' ;_R;. ~~~ ST Ie ~ w :i( RD ~ Clearwater N DRAWN BY: JHH w-\r ' 1 inch equals 1000 feet CHECKED BY: DM iJ~ 2007 STREET RESURFACING CONTRACT Feet DATE: 3/12/2007 I SHEET 8 OF 8 Engineering Department 0 500 1,000 2,000 Geographic Technology Division S ATLAS PG#: 277B, 278B, 287A 100' 12- MDE' WHITE PAIIEIIENT MARKINGS (TYP.) REFLECTNE DEUNFATOR (OM-.1R 12"x.J8- ) (1 EACH SIDC, rtPICAL) -----) TrrdfIc Flow ~. .. .... ~I "-. 20' 18' 16' 14' PLAN VIEW 22' 6' 10' '-L l'.IT SECTION "A-A" APPROACH SLOPE (TYP.) 1'-0- SECTION "B-B" W/ CURB OR CURB tk GlITTER TYPES SECTION "B-B" W/ SUPERIOR GRADE AOJACENT REV. DAlE 6' 100' MILL EXISTING ASPH. 2x 2" DEEP ALL SIDES """'-1' ",,,............::::::::::::::::::; '1=1=1'='" ..~. II=!I=: =1= 1:1=11=1'=1,1: !IT~Tl:;.!:; . SECTION "B-B" W/ AOJACENT LESSER GRADE TrrdfIc Flow ~ CITY OF CLEARWATER. FLORIDA ENGINGEERING DEPARTMENT ~... BY CHEaCED BY M.Q. N'f'. DESIGNED BY M.Go ~11UI'l SPEED TABLE SIGNS & DETAILS FIG. 1 DAlE 3 07 INDEX NO. 110 101"2 ------------------- LIMIT OF MILLING ~ ----7 12- Whits Markings SPEED TABLE PAVEMENT MARKINGS NOT TO SCALE FIG. 2 Existing Stop Sign . 24- I II I -[~ ~ ~ II SPEED TABLE SIDE STREET SIGN NOT TO SCALE SUPPLEMENTAL WARNING PLAQUE (REF. MUTeD 2C.39) FOR SIDE STREETS WITHIN PROJECT LIMITS OF SPEED TABLES FIG. 4 (OPTIONAL) W1.3-1 24x12 (7YP.) SPEED TABLE WARNING SIGN (TYP.) NOT TO SCALE INSTAlL 1- SIGN 100' FROM EACH COLLECTOR OR ARTERIAL ROAD WITHIN THE PROJECT LIMITS OF THE SPEED TABLES. 4' f DAlE 3 07 INDEX NO. 110 2 OF 2 ------------------- FIG. 3 SptHId tabls "" "'~ ~~ ::s:t: ~;. ~ REFLECTIVE DELINEATOR MARKER "OM-3R" NOT TO SCALE (REF. MANlJAL OF UNIFORM CONTROL DEVICES X-2 TYPICAL TYPE.3 OBJECT MARKERS) I ~ .-;::' ~ ~.....:::r"",., , AT EACH SIDE OF SPEED TABLE TYPICAL WITHIN PROJECT LIMITS FIG. 5 (OPTIONAL) REV. DAlE CITY OF CLEARWATER, FLORIDA ENGINGEERING DEPARTMENT ~WN BY CHECKED BY M.Q. APP. DESIGNED BY M.G. DESCRIPTION SPEED TABLE SIGNS & DETAILS FIG.2-5 LETTER OF TRANSMITTAL R.E. Purcell Construction Co., Inc. 1550 Starkey Road Largo, FL 33771 727 -584-3329 phone 727 -587 -6560 fax City of Clearwater ] 12 South Osceola Ave_3rt! Floor Clearwater, FI Hand Delivered Enclosed are the following items: Date: 5/25/07 Attn: RE: 2007 Street Resurfacing Project 07-00] ] -EN DShop Drawings DPrints DPlans DCopy of Letter DChange Order DSamples DSpecifications DOther: No. of Date Transmittal Description Copies Number 4 Contracts Insurance Certificates DFor Your Approval I:2JAs Requested DFor Your Use DFor Review and Comment Signed: RETT A CHAMBERS. cc: file CALADESI TRANSMIT ACORQ CERTIFICA.TE OF LIABILITY INSURANCE I DATE (MMIDDfYYYYl TM OS/22/2007 PRODUCER (813)637-8877 FAX (813)b37-8484 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Office of America, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4915 W. Cypress Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 100 Tampa, FL 33607 INSURERS AFFORDING COVERAGE NAIC# INSURED R E Purcell Construction Co. , Inc. INSURER A: Travelers Indemnity 25658 Raymond Purcell INSURER B: Travelers Property/Casualty 2.5674 Repco Equipment Leasing, Inc. INSURER c: Zurich 16535 1550 Starkey Road INSURER 0: Largo, FL 33771 Fax (727) 587-6560 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. I~if ~D,,'?;~ . POLICY EFFECTIVE Pgk!f/ EXPIRATION TYPE OF INSURANCE; POLICY NUMBER LIMITS GENERAL LIABILITY DTC00706C831IND06 09/01/2006 09/01/2007 EACH OCCURRENCE $ 1,000,000 f-.-- X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,001] f-.-- 0 CLAIMS MADE 00 OCCUR MED EXP (Anyone person) $ 5,001] A X X XCU incl. PERSONAL & ADV INJURY $ 1,000,OOIJ !----- X $25,000 BI/PD ded GENERAL AGGREGATE $ 2,000,000 '-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2.,000,002 I POLICY [Xl ~~8T n LOC Specific Aggregate AUTOMOBILE LIABILITY DT8100706C831TIL06 09/01/2006 09/01/2007 COMBINED SINGLE LIMIT X $ ANY AUTO (Ea accident} 1,000,000 - ALL OWNED AUTOS BODILY INJURY I--- $ SCHEDULED AUTOS (Per person) A X I-- X HIRED AUTOS BODILY INJURY I-- (Per accidenl) $ X NON.OWNED AUTOS I-- ded ~ Comp - various PROPERTY DAMAGE X Coll - various ded (Per accidenl) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY AUC5915778-01 09/01/2006 09/01/2007 EACH OCCURRENCE $ 10,000,000 [KJ OCCUR 0 CLAIMS MADE AGGREGATE $ B $ 10,000,000 ~ DEDUCTIBLE $ X RETENTION $ I] $ WORKERS COMPENSATION AND I T~~S'Tf;T.\!;.T TOJbl- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, descdbe under E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OT~ER 9285A77A-01 09/01/2006 09/01/2007 $7,901,063/$2,500 Sc ed. equip. A Leased/rented equip $250,000/$2,500 ded Inst f1 $200,000 DESCRIPTfN OF OPERATIONS / LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEME;NT / SPECIAL PROVISIONS ity 0 Clearwater is additional insured including completed operations, contractual 1 iabil ity and Naiver of subrogation with respects to general liability per form# CG D3 16 07 04. (attached) ~10 day notice applies to non payment of premium. City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 CANCELLA ION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30-'~ DAYS WRITTEN NOTice TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTice SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE r). ~~dG- ACORD 25 (2001/08) FAX: (727)562-4755 @ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL I NSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) = .~ - .-.= ..-==; ==s "'- - ",- == c_ 0= ,,- rJ- '"~ - - "'- ",,= ~ w- - r--= 0_ o==.: - u_ ,= 008647 COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with perrnission of the owner, caused by: a. Rupture. bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers. steam pipes. steam engines, or steam turbines. 3. Paragraph 6. of .LIMITS OF INSURANCE (Section Ill) is deleted and replaced by the following: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A. for the sum of all damages because of "property damage" to anyone premises while rented to you, or temporarily occupIed by you with permission of the owner, caused by: fire; explosion; Iigllt- ning; smoke resulting from such fire, explo" sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion. or light- ning; or water, or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Paragraph a. of the definition of "insured con- tract" (DEFINITIONS - Section V) is deleted and replaced by the following: a. A contract .for a lease of premises. How" ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises whiferented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water. is not an "insured contract"; 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1- Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may Ilave against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or lIadvertising injuryll offense is committed. D. BLANKET ADDITIONAL INSURED - MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal Injury" or "advertis- ing injury" offense is committed. to name as an additional Insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations. whichever are less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense which is committed, after you cease to be a ten- ant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations. new construction or demolition operations performed by or on behalf of such addltlonal insured. 3. The insurance afforded to the addItional in- sured is excess over any valid and collectible I i I i i i I i I I i i i. L Page 2 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non-contributory with, such "other i nsura nee". E. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to paragraph 1. Insur- ing Agreement of COVERAGE A. - BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section 1 - Coverages): "Bodily injury" arising out of the rendering of, or failure to render, the following wfll be deemed to be caused by an "occurrence": a. Medical, surgical, dental, laboratory, x-ray or nursing service, advice or instruction, or the related furnishing of food or bever- ages; b. The furnishing or dispensing of drugs Dr medical, dental, or surgical supplies or appliances; c. First aid; or d. "Good Samaritan services." As used in this Provision E., "Good Samaritan ser- vices" are those medical services ren- dered or provided in an emergency and for which no remuneration is demanded or received. 2. paragraph 2.a.(1 )(d) of WHO IS AN IN- SURED (Section II) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 1. above and while acting within the scope of their em- ployment by you. Any "employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 3. The following exclusion Is added to paragraph 2. Exclusions of COVERAGE A. - BODILY INJURY AND PROPERTY DAMAGE LJABIL- ITY (Section 1- coverages): (fhis insurance does not apply to:) "Bodily in- jury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of phannaceuticals com- mitted by or with the knowledge or consent of the insured. 4. For the purposes of determining tile applica- ble limits of insurance, any act or omission CUlvlMERCIAL GENERAL LJABILlTY together with all related acts or omissions in the furnishing of the services described in paragraph 1. above to anyone person will be . deemed one "occurrence". S. This Provislon E. does not apply if you are in the business or occupation of providing any of the services described in paragraph 1. above. 6. The Insurance provided by this Provision E. shall be excess over any valid and collectible "other Insurance" available to the insured, whether primary, excess, contingent or on any other basis, except for insurance that you bought specifically to apply in excess of the Limits of Insurance shown on the Declara- tions of this Coverage Part. F. EXTENSION OF COVERAGE - BODILY IN- JURY The definition of "bodily injury" (DEFINITIONS - Section V) Is deleted and replflced by the follow- ing: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. G. CONTRACTUAL LIABILITY - RAILROADS 1. Paragraph c. of the definition of "insured con- tract" (DEFINITIONS - Section V) is deleted and replaced by the following: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" (DEFINITIONS - Section V) is de- leted. H. ADDITIONAL INSURED - STATE OR POLITI- CAL SUBDIVISIONS - PERMITS WHO IS AN INSURED (Section II) is amended to include as an insured any state or political subdi- visIon, subject to the following provisions: 1. This insurance applies only when required to be provided by you by an ordinance, law or building code and only with respect to opera- tions performed by you or on your behalf for which the state or political subdivision has is- sued a permit. 2. This insurance does not apply to: a. "Bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for the state . or political subdivision; or CG D3 16 07 04 Copyrigl1t, The Travelers Indemnity Company, 2004 Page 3 of 6 - .- - w~ - - ...== : - D_ O_ 0::;:::; == tl ~ - Ul :~~ r-~ 0::::: 0= - - u '" .= COMMERCIAL GENERAL L1ABII..ITY b. "Bodily injury" or "property damage" in- cluded in the "products-completed opera- tions hazard". I. OTHER INSURANCE CONDITION A. COMMERCIAL GENERAL LIABILITY CON- olTlONS (Section IV), paragraph 4. (other Insurance) is deleted and replaced by the fol- lowing: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This' insurance is primary except when b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will sllare with all that "other insur- ance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance", whether pri- mary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work"; (2) That is Fire insurance for prem- ises rented to you or temporarilY occupied by you with permission of the owner; (3) That is insurance purchased by you to cover your liability as a . tenant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner; or (4) If the loss arises out of the main- tenance or use of aircraft, "autos", or watercraft to the ex- tent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage li- ability; or (5) That is available to the insured when the insured is an additional insured under any other policy, including any umbrella or excess polICY. When this Insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other in- surance" has a duty to defend the in- sured against that "suit". If no pro- vider of "other insu ranee" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance" . When this insurance is excess over "other insurance", we will pay only our share of the amount of the losS, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this in- surance; and (2) The total of all deductible and self-insured amounts under that "other insurance". We will share the remaining losS, if any, with any "other insurance" that is not described in this Excess Insur- ance provisIon. c. MethOd Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of Insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, wtlich- ever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance Is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all providers of insur- ance. B. The following definition is added to DEFINITIONS (Section V): "Other insurance": a. Means insurance, or the funding of losses, ttlat is provided by, through or on behalf of: I I i [ r Page 4 of 6 Copyright, The Travelers Indemnity company, 2004 CGD3160704 008848 A CORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDNYYY) 5/22/2007 PRODUCER (904)388-1988, Fax(904)388-8199 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Construction Insurance Corp. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2110 Herschel St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Jacksonville, FL 32204 Reqina L. Gately INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Amerisure Mutual Ins Co R E Purcell Construction Company INSURER B: 1550 Starkey Rd INSURER C: Largo, FL 33771 INSURER D' (727) 587-6560 Retta INSURER E: 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. I~~: I~~~~ TYPE OF INSURANCE POLICY NUMBER P6>,t+~~~~~gg~~ Pg~f:t~~~~N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ I-- ~~~~lf,H9E~~~J~~nce) ~MERCIAL GENERAL LIABILITY $ - CLAIMS MADE D OCCUR - MED EXP IAnv one oerson) $ PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ - ~'L AGGREnE LIMIT AAES PER: PRODUCTS - COMP/OP AGG $ PRO- POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - (Ea accident) $ - ANY AUTO - ALL OWNED AUTOS BODILY INJURY (Per person) $ - SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EN.... $ =:J OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION ~ $ A WORKERS COMPENSATION AND WC2013478 10/01/2006 10/01/2007 Y I TVX?'~TfJ,~~ I OTH- ER EMPLOYERS' LIABILITY 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E:L DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under 500,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS A Waiver of Subrogation in favor of certificate holder applies to policy shown above CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Clearwater EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL PO Box 4748 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT Clearwater, FL 33758-4748 - FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE C7~I.- ~-~~ Regina Gately/RLG ACORD 25 (2001/08) INS025 (0108).08a @ ACORD CORPORATION 1988 Page 1 of 2 ~ep 4 LVVf Z'4jrM I~D li'l-I r III - ~. :AC.QBQ. CERTIFICATE OF LIABILITY INSURANCE " 1lA1E1~ 09/0412007 ~ (813)631-1877 FAX (813)637-&484 THIS CERTIFICATE IS ISSUED AS It MAnER OF INFORMATION Insurance Off;ce of America, Inc. ONl. Y AND CONfERS NO RIGHTS UPON THE (:eJ{fIACATE 4915 W. Cypress Street HOlDER. THJS CERllFICATE DOe8 NOT MSm. EXTEND OR ALTER THE GE AFF BYTMI'! Suite 100 T~. Fa. 33607 INSURERS AFFORDING COVERAGe NAlC I 1N9URED R E PurcelleonstruC'tion Co. t Inc. 1IIStNRA: Travelers Indemity 2 658 Raymond Puree 11 INSURI:R8: Trawlers PI"OP/cas 2 674 "0 Equipment Leasing. Inc. IISU/ltERC: ZUr1 ch 1l U5 1550 Starkey Road ItiURER P; 1.argo, FL U111 Fax (121) 587-6S60 I'ISI)RER ~ THE PClUCIES OF INSURANCE USTED BElOW HAVE 8ES( ISSUED TO THE IN8URED NAMeOABf:NE. FOR THE POUCV PERIOD INDrATED. NO'I'WtTHSTANDING AN'( REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTlPICATE MAY B! ISSUED OR MAY P!RT.AJN, TH! IHSU~ APJIORDI!D BY~ POlICD cgQRIBI!D H!RI!IN IS SU~ TO ALL ~ T!IWS,. !XCLUSIONSAHD CONElIlIONS OF SUCH POLICIES. AGGREGATE LMT8 SHOWN MAY HAVE EN REDUCED BY PAID CLAIMS. lYP& OF IN8IIRAIICa GENERAlllAlllUlY E.l.. iACH ACCIDEHT $ I!.L. D1SPS2.llA . EL ~-POueYUMl'r . $, 6.14$1$2,SOO de.d. $$00.00/$2,500 ded. Rent/leue _iPll'"t ~N..9l OI>U.lTlCd/1.OCAllDNS/VE11KU8 t EXCwaIOIIa,IJDqiDrt1! -"""~ City of ~Iearwate,. is additional ;nsul"eCl 1JlCludillg c-. .....ations. cOMPactual liability and Naive.. of subrogation with respects to general liabil11:y per forml CG D3 16 01 04. (attached) Zoo7 Street Resurfacing Contract (07-0011-EN) UIIITI $ $ . ~OOCURRENCE DNM.OE TO AfNTEC A X Al1rO ONlY - EAACCIDENT . e.-.ACC . AGG $ $ . . . . M&D~ ~_pelIIGn) ~&AtN~ $ GENElW.AGGRIiGAli $ PROOUCT$. COIIPIOP AGG $ DTll00706C8UTIL07 09/0112007 09/01/2008 eoMIINEDSno;CLELIMI1' NO LIABILITY DED. (Ea~ :n r ,- r 1< ..: I...", C: B BODILY INJURY (P9r~ 80DIL Y INJURY (hrJllllBllll) NQN.OWNEI) AUTOS CoQ:J dedi various COll ded. various GARAGI! l.IAIIUTf Nft AI1TO PROPERTYDNoWO& (Peir IIlllIIlInJ OTHER THAN AI1fO 0filL 'Y! ~LWlUJTY OCCUR 0 CLAIMS MADE AUC5915118-02 09/0 EACH~ M0R!G4n! c tlEtl\.ICTIBUO X RETiffTIOI'l $ WOIIKS!S COllIP&NIA11OH AND &1IPLD'lEIIS'~ AIl'I PRDPRIIiTtlM'AImleRJlEllECUTlVE OFACER6IEMBER EXCUJDED? If~ dMaWllIIdw SPECIAL PROVIlIIQNIlIlitllNt WC$T~ A nt. Equipment 921$A77AOl 09 01 007 09 ItlO day notice applies to non payment of p.--fum. $: I I j f r 1 000 300. S 1000 2.000. 2.000. 1 000. . . , 10 000 10 000 IHOULD AlltOP THE AIlO\/E DIi8CRIIIHl POLIClEIIEiCANCELLED RFORI THI EXPIRA110N EIA1InIIRIDF. ,.....INSUR!RM.L 1DIDI!A\laIt TO IIAIL 30" DAY8WRITID NOTII:IE T01lIEC!IfTIIIC&11!IlClUlSlNAll&DTOTtlIH.efT. BUT FM.URE'rO IIAIL SUCH N01lCE 8tIALllWClEMOOIUGATIClMOR /.IUlLI1Y OF AH't KIID IlPOH lIISlIIURIIt. nsAGENTI OR~A1NI&. AUIJIClR2EDllI!PR&lIl!NIAt1W ,b. ~_(:!/_ J. B f/ City of Clear'MIter P.O. Box 4748 Clearwater. Fl 33758-4743 ACORD2S(2001lOl) FAX.: (nnSS2-47SS ClACORD CORPORATION 1918 ~ep. 4. LVU/- L:q.q.~M I~O. [Llf-l-r. LI L IMPORTANT If the certificete holder is an AOOmONAL INSURED. the poIicyfte$) must be endorsed. A statement an this certificate does not confer rights to the certitk:ata holder in lieu of such endorsement($). If SUBROGA nON IS WAIVED. subject to the terms and coMttlons of the pof\cy. certain poliCieS may require an encklrsernent. A statement an this cerfifiaate does not confer rights to the certificaIe holder In lieu of such endorsement(s). DISCLAIMER The Certmcste of Insur&nc:e on the reverse side of this form doe$ not constitUte . contract between the issuing in$Unlt'(s). authorIZed representative or prodUcer, end the certiftaate holder, nor does It affirmatively or negatively amend, extend or after the coverage aftbrded by the polcies rl8ted thnon. ACORD IS (2001108)