2007 SIDEWALK PROJECT - 07-0023-EN
:1
City of Clearwater
Post Office Box 4748, Clearwater, Florida 33758-4748
Telephone (727) 462-6126 Fax (727) 462-6989
Public Works
Construction
Mr. Jack Fulford, Project Manager
Southwest Contracting, Inc.
14159 Black Lake Road
Odessa, FL 33556
Rh: 2007 Sidewalk Contract (07-0023-CN)
Dear Mr. Fulford:
July 8, 2008
The work of the above referenced project is completed and acceptable as of June 16, 2008.
However, if at some later date any defects appear due to construction, you will be expected to accept
the responsibility according to the Guarantee of the General Conditions which reads:
"The Contractor shall remedy any defects in the work at his own expense and pay for any damage to
other work resulting there from which appear within a period of one year from the date of final
acceptance".
At this time we have also included your "Contractor's Evaluation" for this project.
Sincerely,
6 Perry L z
Buildin onstruction Man er
City of Clearwater
cc: Gary A. Johnson, C.G.C., Public Services Director
Steve Doherty, Project Engineer
Paul Cooper, Construction Inspector
Susan Chase, City Clerk Specialist
Andrea Beane, Public Services Senior Accountant
Project File
Warranty File
CITY OF CLEARWATER CONSTRUCTION DIVISION
CONTRACTOR'S PAST PERFORMANCE REPORT
Contractor: Southwest Contracting, Inc.. City Project No.: 07-0023-EN
Address: 14159 Black Lake Rd. Type of Work: Sidewalk Construction
City/State/Zip: Odessa H.33556
Phone: 813 792-0180 Fax No.: J813) 792-0120_ _
Project Name: 2007 Sidewalks
Completion Date: June 16, 2008 Final Contract An-iount: $172,910.08
ANSWER ALL QUESTIONS
Performance Maximum Rated
Value Value
1. Pursuit of the Work.
2. Proper MOT and Minimize Impacts to Traveling Public.
3. Timely and Complete Submittal of Documents.
4. Timely Completion of Project.
5. Coordination / Cooperation with CI Personnel,
Property Owners and Utilities Company.
6. Mitigate Cost and. Time Overruns
7. Environmental Compliance
8. Conformance with Contract Documents.
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16/20 note 114
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10/12 note #4
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8
16
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97
Total Score 100/106
Construction Project Coordinator Date Buildin onst u ion al r
Date
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CONTRACT DOCUMENTS
AND
TECHNICAL SPECIFICATIONS
2007 SIDEWALK PROJECT
(07 -0023- EN)
PREPARED FOR
~ Clearwater
to-
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ISSUED FOR BID
NOVEMBER/2007
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I ADVERTISEMENT
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SECTION I
ADVERTISEMENT OF BIDS & NOTICE TO CONTRACTORS
,.
2007 SIDEWALK PROJECT
CONTRACT #07-0023-EN
CLEARWATER,FLORlDA
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 Office, 2nd Floor,
Room 220, 100 So. Myrtle Ave., Clearwater, Florida, between the hours of8:30 a.m. and 4:30 p.m.
Monday thru Friday, ON WEDNESDAY, NOVEMBER 14, 2007 until no later than close of
business three days preceding the bid opening. A charge of $80.00, none of which will be refunded,
will be made for each set.
The work for which proposals are invited consists of: the placement of new sidewalk in various
locations throughout the City of Clearwater. Other work involves the removal and
replacement of sidewalks and/or the installation of approved pedestrian warning surfaces.
The Contractor will be required to upgrade existing sidewalks to meet the code requirements
for ramp slope, ramp width, running slope, cross-slope, truncated domes and the use of a
contracting color on warning surfaces. In addition, the Contractor is required to be prepared
to install up to 1,500 sq. ft. of concrete sidewalk with a shell aggregate that will match a shell
aggregate previously used in concrete sidewalks located on Clearwater Beach.
A recommended Pre-Bid Conference is being held on Friday, December 7, 2007 at 1:00 PM at
the Municipal Services Building, Room 130,100 S. Myrtle Avenue, Clearwater, Florida.
Sealed proposals will be received by the Purchasin!!: Mana!er, at the Purchasin!!: Office, located
at the Municipal Services BId!!:.. 100 So. Mvrtle Ave.. 3r Floor. Clearwater. Florida 33756-
5520, until 1:30 P.M. on THURSDAY, DECEMBER 20, 2007, and publicly opened and read at
that hour and place for 2007 SIDEWALK PROJECT (07-0023-EN).
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 Concrete Flatwork with a minimum pre-qualification amount of
$350.000.
Contractors wanting to pre-qualify to bid this project as a General Contractor must do so two
weeks (ten work days) prior to the bid opening date. 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
George McKibben, Purchasing Manager
(727) 562-4634
SECTION II
INSTRUCTION
TO
BIDDERS
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SECTION II
INSTRUCTIONS TO BIDDERS
Table of Contents:
S E CTI 0 N II ... ........... ................................................... ........................................... .............,......... i
1 COPIES OF BIDDIN"G DOCUMENTS.......................................................................... 1
2 QUALIFICATION OF BIDDERS .................................................................................. 1
3 EXAMIN"ATION OF CONTRACT DOCUMENTS AND SITE .................................1
4 IN"TERPRET A TIONS AND ADDENDA .......................................................................2
5 BID SECURITY OR BID BOND .................................................................................... 3
6 CONTRACT TIME .... .............. ..... ........... ...... .......................... ................ ... ........ ... .......... 3
7 LIQUIDATED D AMA GES ............................................................................................. 3
8 SUBSTITUTE MATERIAL AND EQUIPMENT ......................................................... 3
9 S UBC 0 NTRA eTO RS ....... ........ .... .......... ........... ................ ..... ......... .... ............... ............. 3
10 BIDIPR 0 POSAL FORM ................................................................................................. 4
11 SUBMISSION OF BIDS .................................................................................................. 4
12 MODIFICATION AND WITHDRAWAL OF BIDS .................................................... 5
13 REJECTION OF BIDS .................................................................................................... 5
14 DISQUALIFICATION OF BIDDER.............................................................................. 5
15 0 PENIN" G OF BIDS .................................................................,........................:.................. 5
16 LICENSES, PERMITS, ROYALTY FEES AND TAXES ........................................... 5
17 IDENTICAL TIE BIDSNENDOR DRUG FREE WORKPLACE ............................. 6
18 AWARD OF CONTRACT ............................................................................................... 7
19 BID PR OTES T ......... ... ........ ......... .............. ...... ............. .............. ..... .............. ... .... ............ 7
20 TRENCH SAFETY ACT ................................................................................................. 8
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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. This amount represents
reproduction costs and is non-refundable. A complete bidders package containing plans,
specifications, bond forms, contract form, affidavits and bid/proposal form is available only
to pre-qualified bidders. Contractors, suppliers, or others who are not pre-qualified but who
may be a possible subcontractor, supplier, or other interested person may purchase a
"Subcontractor" package consisting of plans, specifications, and list of pay items.
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 abov.e. 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
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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 Infonnation 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.
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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%) of the Bidder's maximum Bid price and in the form of
a certified or cashiers check or a Bid Bond (on form attached) issued by a surety meeting the
requirements of the General Conditions. A cash bid bond will not be accepted.
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%) of the Work except as may be specifically approved by the Engineer. If
the Engineer, after due investigation, has reasonable objection to any proposed
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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;' tW:f amount bid for each section or item will be increased ot decreased indirect
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
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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
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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 tenns 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 ~buse 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.
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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 column 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 his/her complaints initially with
the Purchasing Manager, and if not satisfied, with the City Manager, in accordance with
~, protest procedures' set forth in this section. . - ". .
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 minimum of five (5) work days prior to the
opening of the bid or due date of the request for proposal. Opening dates for bids or
due dates for requests for proposal will be printed on the bid/request document itself.
B. Protests in respect to award of contract shall be submitted in writing a maximum of
five (5) work days after notice of intent to award is posted, or is mailed to each
bidder, which ever is earlier. Notice of intent to award will be forwarded to bidders
upon telephonic or written request. Protests of recommended award should cite
specific portions of the City of Clearwater Code of Ordinances that have allegedly
been violated.
C. Exceptions to the five (5) day requirements noted in both A and B above may be
granted if the aggrieved person could have not been reasonably expected to have
knowledge of the facts giving rise to such protest prior to the bid opening, posting of
intent to award, or due date for requests for proposals. Request for exceptions
should be made in writing, stating reasons for the exception.
D. The Purchasing Manager shall respond to the formal written protest within five
business days of receipt. The Purchasing Manager's response will be fully
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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 of a 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
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SECTION III
GENERAL CONDITIONS
Table of Contents:
S E CTI 0 N III......... ...... ............ .......... ........ ................ .............. .... .... ...................... ......................... i
GENERAL CONDITIONS ...... ..... ..... .... .............. ............ ... ..... ............ ........ .......... ........ ... .......... i
1 DE FINITI 0 N S ................ ....... ...................... ........... ....................................... ............ ....... 4
2. PRELIMINARY MATTERS .................. .......... .................... ................................. .......... 7
2.1 DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE ............................ 7
2.2 COPIES OF DOCUMENTS .......... ........... ..... ................ ........ ............... ............... ............ 7
2.3 COMMENCEMENT OF CONTRACT TIME/NOTICE TO PROCEED; STARTING
THE PROJECT ................ .... ........ ... ... .............. .............. ............ .... ...... ......... ..... .............. 8
2.4 BEFORE STARTING CONSTRUCTION ..................................................................... 8
2.5 PRECONSTRUCTION CONFERENCE .... .......................................... ............. ....... ...... 8
3 CONTRACT DOCUMENTS, INTENT ......................................................................... 8
3.1 INTENT ................................................. .......... .............. .................................. ................ 8
3.2 REPORTING AND RESOLVING DISCREPANCIES .................................................. 9
4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE PO IN"T S .. ......... ... ............. ....... .... ............. ... ........... ......... .......... ..... ... ........ 9
4.1 AVAILABILITY OF LANDS......................................................................................... 9
4.2 INVESTIGATIONS AND REPORTS ............................................................................ 9
4.3 PHYSICAL CONDITIONS, UNDERGROUND FACILITIES ................................... 10
4.4 REFERENCE POINTS ....... ....................... ........ ............ ................................ ................ 10
5 BONDS AND INSURANCE .......................................................................................... 10
5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND............................. 10
5.2 INSURANCE................................................................................................................. 11
5.2.1 WORKER'S COMPENSATION INSURANCE......................................................... 12
5.2.2 PUBliC LIABILITY AND PROPERTY DAMAGE COVERAGE ............................ 12
5.2.3 COMPREHENSIVE AUTOMOBILE LIABILITY.................................................... 13
5.3 WANER OF RIGHTS ................. ......... ................ ............ ......... ........... ............ ............ 13
6 CONTRACTORS RESPO NSffiILITIES ................................~ ........................~........... 14
6.1 SUPERVISION AND SUPERINTENDENCE ............................................................. 14
6.2 LABOR, MATERIALS AND EQUIPMENT ............................................................... 14
6.3 SUBSTITUTES AND "OR EQUAL" ITEMS .............................................................. 15
6.4 RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND OTHERS........ 15
6.5 USE OF PREMISES.. ................ ......................... ............. .............. ............... ................. 16
6.6 LICENSE AND PATENT FEES, ROYALTIES AND TAXES ................................... 17
6. 7 LAWS AND REGULA TIONS...................................................................................... 17
6.8 PERMITS ..... ............ ................ .... ......... ...... ..... ..... ............. ........ ........ ............. ... ...... ... ... 17
6.9 SAFETY AND PROTECTION ..................................................................................... 17
6.10 EMERGENCIES........ ................ ......... ...... ...... ....... ........ ............ ....... ....................... ...... 18
6.11 DRAWINGS.. ...................................... .............. ...... ...... .... ........ ...... ............. ................. 19
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6.11.1 SHOP DRAWINGS AND SAMPLES ....................................................................... 19
6.11.2 AS-B UILT DRA WINGS.... ................................................................................. ....... 20
6.11.3 CAD STANDARDS... .................. .............................................. ................................ 21
6.11.4 DELIVERABLES:... ................................................................................................. 23
6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE........................... 23
6.13 CONTINUING THE WORK ........................................................................................ 24
6.14 INDEMNIFICATION............ ........ ..... ......... .................... .......... ....... .......... .......... ......... 24
7 OTHE R WORK...... .......... .... .... .......................................................... ............................ 25
7.1 RELATED WORK AT SITE ...................................................................:.................... 25
7 .2 COORDINATION. ........ ...... .............. .......... .................. ............ ....... ............... .............. 25
8 OWNERS RESPO NS IBILITY ...... .... ...................................... ...................................... 26
9 ENGINEER'S STATUS DURING CONSTRUCTION .............................................. 26
9.1 OWNERS REPRESENTATIVE ................................................................................... 26
9.2 CLARIFICATIONS AND INTERPRETATIONS........................................................ 26
9.3 REJECTING OF DEFECTIVE WORK ........................................................................ 26
9.4 SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS ..................................27
9.5 DECISIONS ON DISPUTES .................................... .................. .............. ............... ..... 27
9.6 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES ...........................................27
10 CHANGES IN THE WORK.......................................................................................... 28
11 CHANGES IN THE CONTRACT PRICE...................................................................29
11.1 CHANGES IN THE CONTRACT PRICE.................................................................... 29
11.2 ALLOWANCES AND FINAL CONTRACT PRICE ADmSTMENT ....................... 29
11.3 UNIT PRICE WORK .................................................................................................... 30
12 c:..HANGES IN THE CONTRACT TIME .................................................................... 30
13 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR AGCEPT ANCE
OF DEFECTIVE W 0 RK............................................................................................... 31
13.1 TESTS AND INSPECTION ............ ...... ..................... ............ .................. ..................... 31
13.2 UNCOVERING THE WORK ............ ..... ............ ..................................... ......... ............ 31
13.3 ENGINEER MAY STOP THE WORK ........................................................................32
13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK ........................................ 32
13.5 WARRANTY/CORRECTION PERIOD ...................................................................... 32
13.6 ACCEPTANCE OF DEFECTIVE WORK .............~....................................:....~........... 33
13.7 OWNER MAY CORRECT DEFECTIVE WORK....................................................... 33
14 PAYMENTS TO CONTRACTOR AND COMPLETION ......................................... 34
14.1 APPLICATION FOR PROGRESS PAYMENT ........................................................... 34
14.2 CONTRACTOR'S WARRANTY OF TITLE ...............................................................34
14.3 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS................................ 35
14.4 PARTIAL UTILIZATION ........ ................. ..... ....... ................... ................. ...... ............. 35
14.5 FINAL INSPECTION.. ..... ................ ................. ........... ................... ................... .......... 36
14.6 FINAL APPLICATION FOR PAYMENT ................................................................... 36
14.7 FINAL PAYMENT AND ACCEPTANCE................................................................... 36
14.8 WAIVER OF CLAIMS .... ......................... .................. ...... ....... ..... ...... ........... ............... 37
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Section III - General Conditions
15 SUSPENSION OF WORK AND TERMINATION .................................................... 37
15.1 OWNER MAY SUSPEND THE WORK...................................................................... 37
15.2 OWNER MAY TERMINATE ...................................................................................... 37
15.3 CONTRACTOR MAY STOP WORK OR TERMINATE ........................................... 38
16 D IS PUTE RESO L UTI 0 N ................................................................. .... ......................... 39
17 MIS CELLANE 0 US ..................................................... ......................... ................... ...... 39
17.1 SUBMITTAL AND DOCUMENT FORMS................................................................. 39
17.2 GIVING NOTICE.... ........................ ...................... ............................... ......................... 39
17.3 NOTICE OF CLAIM ....... ............ ............ .... ....... ............ ...... ...... .............. ..................... 39
17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED..................................... 40
17.5 ASSIGNMENT OF CONTRACT ................................................................................. 40
17 .6 RENEWAL OPTION .............. .......................... ........ ....... ...... .................. ..................... 40
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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 C?ntact 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.
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Section III - General Conditions
Contract Price
The Contract price constitutes the total compensation (subject to authorized adjustments)
payable by Owner to Contractor for performing the Work.
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.
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Milestone
A principal event specified in the contract Documents relating to an intermediate
completion date or time prior to the final completion date.
Notice to Proceed
A written notice given by the Owner to the Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform his
obligations under the Contract Documents.
Owner
The City of Clearwater, Florida
Person
A natural person or a corporation, partnership, firm, organization, or other artificial
entity.
Project
The total construction of which the Work to be provided under the Contract Documents
may be the whole or a part as indicated elsewhere in the Contract Documents.
Partial Utilization
Use by Owner of a substantially completed part of the Work for the purpose for which is
intended (or a related purpose) prior to Final Completion of all the Work.
Shop Drawing
All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by
or for Contractor to illustrate some portion of the Work and all illustrations, brochures, standard
schedules, performance charts, instructions, diagrams and other information prepared by a
supplier and submitted by Contractor to illustrate material or equipment for some portion of the
Work.
Specifications
Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the
Work and certain administrative details applicable thereto.
Subcontractor
A person having a direct contract with Contractor or with any other Subcontractor for the
performance of a part of the Work at the site.
Substantial Completion
The Work (or a specified part thereof) which has progressed to the point where, in the
opinion of Engineer, as evidenced by Engineer's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with the Contract documents, so
that the Work (or specified part) can be utilized for the purposes for which it is intended;
or if no such certificate is issued, when the Work is complete and ready for final payment
as evidenced by the Engineer's recommendation of final payment. The terms.
"substantially complete" and "substantially completed" as applied to all or part of the
Work refer to Substantial Completion thereof.
Supplementary Conditions
The part of the Contract which amends or supplements these General Conditions.
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Section III - 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.
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.
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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 that the Contract Time commences to run.
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 kllown 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 add 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
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Section III - General Conditions
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
read and enforced as through it were included herein, and if through mistake or otherwise, any
such provision is not inserted, or ifnot correctly inserted, then upon the application of either
party, the Contract Documents shall forthwith be physically amended to make such insertion.
The various Contract Documents shall be given precedence, in case of conflict, error or
discrepancy, as follows: Modifications, Contract Agreement, Addenda, Supplementary
Conditions, General Conditions, Drawings, Technical Specifications. In a series of Modifications
or Addenda the latest will govern.
3.2 REPORTING AND RESOLVING DISCREPANCIES
If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity or
discrepancy within the Contract Documents or between the Contract Documents and any
provision of any such Law or Regulation applicable to the performance of the Work or of any
such standard, specification, manual or code or of any instruction of any Supplier, Contractor
shall report it to the Engineer in writing at once, and Contractor shall not proceed with the Work
affected thereby (except in an emergency) until an amendment or supplement to Contract
Documents has been issued by one of the methods provided in these General Specifications,
provided however, that Contractor shall not be liable to Owner or Engineer for failure to report
any such conflict, error, ambiguity or discrepancy unless Contractor knew or reasonably should
have known thereof.
4 A V AILABILITY,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
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Section III - General Conditions
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
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$IOO.OO 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.
1._; =,,_
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5 BONDS AND INSURANCE
5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND
Contractor shall furnish a Performance and Payment Bond, in an amount at least equal to the
Contract Price as security for the faithful performance and payment of all Contractor's
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Section III - General Conditions
obligations under the Contract Documents. This bond 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 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. lfthe
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
. c.';, 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
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Section III - General Conditions
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
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 ofliability 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
Under $1,000,000.
Statuto
$500,000.
Contract A ward Amount
$1,000,000. and Over
Statuto
$1,000,000.
(1) Workers' Com ensation
(2) Em 10 er's Liability
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,
Ind endent Contractors; Broad Form Pro ert Damage; and Personal Injury liabilities:
''''d' "Contl:actAward Amount Contract Award Amount
Under $1,000,000. $1,000,000. and Over
$500,000. Each $1,000,000. Each
Occurrence Occurrence
$1,000,000. Annual $1,000,000. Annual
A egate A gre ate
$500,000. Each $1,000,000. Each
Occurrence Occurrence
$1,000,000. Annual $1,000,000. Annual
Ag egme Aggre me
(3) Personal Injury, with $1,000,000. Annual $1,000,000. Annual
em loyment exclusion deleted Ag egate Aggregate
(1) Bodily Injury:
(2) Property Damage:
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5.2.3 COMPREHENSIVE AUTOMOBILE LIABILITY
mc
luding all owned (private and others), hired and non-owned vehicles:
Contract A ward Amount Contract A ward Amount
Under $1,000,000. $1,000,000. and Over
(1) Bodily Injury $500,000. Each Person $1,000,000. Each Person
$500,000. Each Accident $1,000,000. Each Accident
(2) Property Damage $500,000. Each $1,000,000. Each
Occurrence Occurrence
Receipt and acceptance by the Owner of the Contractor's Certificate of Insurance, or other
similar document does not constitute acceptance or approval of amounts or types of coverages,
which may be less than required by these Contract Documents. Owner shall not be responsible
for purchasing and maintaining any property insurance to protect the interests of Contractor,
Subcontractors or others in the Work. The Owner may at its option require a copy of the
Contractor's Insurance Policy(s). All insurance policies required within this Contract Document
shall provide full coverage from the first dollar of exposure unless otherwise stipulated. No
deductibles will be accepted without prior approval from the Owner.
Lone:shore and Harbor Worker's Compensation Act: Section 32 of the Act, 33 U.S.C. 932,
requires an employer, with employees in maritime employment, to secure the payment of
benefits under the Act either by insuring with an insurance carrier authorized by the U.S.
Department of Labor, or to be authorized by the U.S. Department of Labor as a self-insurer.
For General Contractors: Section 4(a) of the Act provides that every employer shall be liable
for and shall secure the payment to his employees of the compensation payable under Sections 7,
8, and 9 of the Act. In the case of an employer who is a subcontractor, only if such subcontractor
fails to secure the payment of compensation shall the contractor be liable for and be required to
secure,thepayment.ofcompensation. ~"'" """." '.',c"..,,,....
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
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
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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
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
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Section III - General Conditions
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. Ifin.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 ofthe work under a
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
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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 01= 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
"..i...."easements, and shall nQtunreasonably encumber the premiseswith.,construction equipmentor""....,..
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
equipment and machinery and surplus materials. Contractor shall restore to original condition all
property not designated for alteration by the Contract Documents.
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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,
tit shall not be Contractor's primary responsibility to make certain,that the Specifications and- , " ...".",.,h,,,,,~,,.;,
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.
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
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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
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
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Section III - General Conditions
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
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
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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
1p.e.Gpngllc::tor,.~h~U,Pr:~P~~,€Ul"AS:-?l}IL'f SURVEY" per chapter.61G17~6, fI9riQa~,~".,
Administrative Code (see definition below), signed and sealed by a Florida registered land
surveyor. The contractor will deliver to the City two hard copies of signed and sealed As-Built
Drawings and an AutoCAD file.
61G17-6.002 Definition: (lO)(a) As-Built 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
· 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
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,
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Section III - General Conditions
pipe sizes, and pipe material shall also be noted on the plan view and also on the profile if
one exists.
. 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 EngineeringDepartment.
6.11.2.6 Standards
The As-Built survey shall meet the Minimum Technical Standards per Chapter 61G17 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.
6.11.3 CAD STANDARDS
6.11.3.1 Layer Naming
6.11.3.1.1 Prefixes and Suffixes
DI prefix denotes digitized or scanned entities
EP prefix denotes existing points - field collected
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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
611312 L
. . . . a er ammg e 1m Ions:
GAS gas lines and appurtenances
ELEC power lines and appurtenances
PHONE telephone lines and appurtenances
CABLE cable TV lines and appurtenances
BOC curbs
WALK sidewalk
WATER water lines and appurtenances, sprinklers
STORM storm lines and appurtenances
TREES trees, bushes, planters
SANITARY sanitary lines and appurtenances
FENCE all fences
BLDG buildings, sheds, finished floor elevation
. . , ., ,., '.'
DRIVE driveways
EOP edge of pavement without curbs
TRAFFIC signal poles, control boxes
TOPBANK top of bank
TOESLOPE toe of slope
TOPBERM top of berm
TOEBERM toe of berm
SEAWALL seawall
CONCSLAB concrete slabs
WALL walls, except seawall
SHORE shoreline, water elevation
CL centerline of road
CLD centerline of ditch
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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 Layer Properties
All layers will use standard AutoCAD linetypes, bylayer.
All layers will use standard AutoCAD colors, bylayer.
All text will use standard AutoCAD fonts.
6.11.3.3 Text Styles
Text style for EX layers will use the simplex font, oblique angle of 00, and a text height of .008
times the plot scale.
Text style for PR and FU layers will use the simplex font, oblique angle of22.50, and a text
height of .0lD times the plot scale.
6.11.4 DELlVERABLES:
The as-built survey shall be produced on vellum or bond material, 24" x 36" at a scale of 1 "=20'
unless approved otherwise. The consultant shall deliver all drawing files in digital format.
Acceptable file formats include: DWG, DXF of a shape file.
Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or e-mail
address Tom.Mahony@myClearwater.com.
6.12CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE
Contractor warrants and guarantees to Owner, Engineer and Engineer's Consultants that all Work
will be in accordance with the Contract Documents and will not be defective. Contractor's"",,"..,-
warranty and guarantee hereunder includes defects or damage caused by abuse, vandalism,
modification or operation by persons other than Contractor, Subcontractors or Suppliers. Until
the acceptance of the Work by the Owner, the Work shall be under the charge and care of the
Contractor, and he shall take every necessary precaution against injury or damage to any part
thereof by action of the elements, or from any other cause whatsoever, arising from the execution
or non-execution of the Work. The Contractor shall rebuild, repair and make good, at his own
expense, all injuries or damages to any portion of the Work occasioned by any cause before its
completion and final acceptance by the Owner. In addition, "the Contractor shall remedy any
defects in the work at his own expense and pay for any damage to other work resulting therefrom
which appear within a period of one year from the date of final acceptance".
Contractor's warranty and guarantee hereunder excludes improper maintenance and operation by
Owner's employees and normal wear and tear under normal usage for any portion of the Work,
which has been partially accepted by the Owner for operation prior to final acceptance by the
Owner. Contractor's obligation to perform and complete the Work in accordance with the
Contract Documents shall be absolute. None of the following will constitute an acceptance of
Work that is not in accordance with the Contract Documents or a release of Contractor's
obligation to perform the Work in accordance with the Contract Documents: (i) observations by
Engineer, (ii) recommendation of any progress or final payment by Engineer, (iii) the issuance of
a certificate of Substantial Completion or any payment by Owner to contractor under the
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Section III - General Conditions
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 carryon 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.
6.14INDEMNIFICATION
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
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. Ifsuch other. Contractor or Subcontractorshall assert any claim against Owner onsuch"..
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.
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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
. c'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.
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Section III - General Conditions
8 OWNERS RESPONSIBiliTY
Except as otherwise provided in these General Conditions, Owner shall issue all communications
to Contractor through Engineer.
Owner shall furnish the data required of Owner under the Contract Documents promptly and
shall make payments to Contractor promptly when they are due as provided in these General
Conditions.
Owner is obligated to execute Change Orders as indicated in the Article on Changes In The
Work.
Owner's responsibility in respect of certain inspections, tests, and approvals is set forth in the
Article on Tests and Inspections.
In connection with Owner's right to stop work or suspend work, see the Article on Engineer may
Stop the Work. The Article on Suspension of Work and Termination deals with Owner's right to
terminate services of Contractor under certain circumstances.
The Owner shall not supervise, direct or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences or procedures of construction or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the furnishing or performance of the Work. Owner will not be
responsible for Contractor's failure to perform or furnish the Work in accordance with the
Contract Documents.
9 ENGINEER'S STATUS 'DURING CONSTRUCTION
9.1 OWNERS REPRESENTATIVE
Engineer will be Owner's representative during the construction period. The duties and the
responsibilities and the limitations of authority of Engineer as Owner's representative during
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.
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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 ofthe Engineers decision, or the appeal time
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
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Section III - General Conditions
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
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
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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 ifnot
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 involvedisnot",
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.
11.2ALLOWANCES 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.
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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 ofproject 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.
12 CHANGES IN THE CONTRACT TIME
The Contract Time (or Milestones) may only be changed by a Change Order or a Written
.. Amendment. Anrc1aim'for an adjustment of the ContractTime(or"Milestones) shall"bebasedoh
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 oftime 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.
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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.
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 Bliildifig Dep'artmertts 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.
13.2UNCOVERING 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.
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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.
13.3ENGINEER 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.
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13.4CORRECTION 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).
13.5WARRANTY/CORRECTION PERIOD
If within one year after the date of Substantial Completion or such longer period of time as may
be prescribed by Laws or Regulations or by the terms of any applicable special guarantee
required by the Contract Documents or by any specific provision of the Contract Documents, any
Work is found to be defective, Contractor shall promptly, without cost to Owner and in
accordance with Owner's written instructions; (i) correct such defective Work, or, if it has been
rejected by Owner, remove it from the site and replace it with Work that is not defective and (ii)
satisfactorily correct or remove and replace any damage to other Work or the work of others
resulting therefrom. If Contractor does not promptly comply with the terms of such instructions,
or in an emergency where delay would cause serious risk of loss or damage, Owner may have thesdefective Work corrected or the rejected. Work removed and replaced, and all claims, costs,
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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.
13.6ACCEPTANCE 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 offinal
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.
13.70WNER 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 rej ected Work as required by Engineer in accordance,
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
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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.
14.2 CONTRACTOR'S WARRANTY OF TITLE
Contractor warrants and guarantees that title to all Work, materials and equipment covered by
any Application for Payment, whether incorporated in the Project or not, will pass to Owner no
later than the time of payment, free and clear ofliens. No materials or supplies for the Work shall
be purchased by Contractor or Subcontractor subject to any chattel mortgage or under a
conditional sale contact or other agreement by which an interest is retained by the seller.
Contractor warrants that he has good title to all materials and supplies used by him in the Work,
free from all liens, claims or encumbrances. Contractor shall indemnify and save Owner
harmless from all claims growing out of the lawful demands of Subcontractors, laborers,
workmen, mechanics, materialmen, and furnisher's of machinery and parts thereof, equipment,
power tools, and all supplies incurred in the furtherance of the performance of this Contract.
Contractor shall at Owner's request, furnish satisfactory evidence that all obligations of the
nature hereinabove designated have been paid, discharged, or waived. If Contractor fails to do
so, then Owner may, after having served written notice on said Contractor either pay unpaid
bills, of which Owner has written notice, or withhold from the Contractor's unpaid compensation
a sum of money deemed reasonably sufficient to pay any and all such lawful claims until
satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon
payment to Contractor shall be resumed in accordance with the terms of this Contract, but in no
event shall the provisions of this sentence be construed to impose any obligations upon Owner to
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Section III - General Conditions
the Contractor or the Surety. In paying any unpaid bills of the Contractor, Owner shall be
. deemed the agent of Contractor and any payment so made by Owner shall be considered as
payment made under the Contract by Owner to Contractor, and Owner shall not be liable to
Contractor for any such payment made in good faith.
14.3 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS
Engineer will within twenty days after receipt of each Application for payment, either indicate a
recommendation of payment and present Application to Owner, or return the Application to
Contractor indicating Engineer's reasons for refusing to recommend payment. In the latter case,
Contractor may make the necessary corrections and resubmit the Application. Engineer may
refuse to recommend the whole or any part of any payment to the Owner. Engineer may also
refuse to recommend any such payment, or, because of subsequently discovered evidence or the
results of subsequent inspections or test, nullify any such payment previously recommended, to
such extent as may be necessary in Engineer's opinion to protect Owner from loss because: (i)
the Work is defective, or completed Work has been damaged requiring correction or
replacement, (ii) the Contract Price has been reduced by amendment or Change Order, (iii)
Owner has been required to correct defective Work or complete Work, or (iv) Engineer has
actual knowledge of the occurrence of any of the events enumerated in the article on Suspension
of Work and Termination.
Owner may refuse to make payment of the full amount recommended by the Engineer because:
(i) claims have been made against Owner on account of Contractor's performance or furnishing
of the Work, (ii) Liens have been filed in connection with the Work, except where Contractor has
delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of such
Liens, (iii) there are other items entitling Owner to a set-off against the amount recommended, or
(iv) Owner has actual knowledge of any of the events described in this paragraph. The Owner
shall give Contractor immediate notice of refusal to pay with a copy to the Engineer, stating the
reasons for such actions, and the Owner shall promptly pay Contractor the amount so withheld,
or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to
Owner's satisfaction the reasons for such action.
14.4PARTIAL 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 ofthe Work, may be accomplished prior to Final Completion of all the Work subject
to the following:
Owner at any time may request Contractor in writing to permit Owner to use any such part of the
Work which Owner believes to be ready for its intended use and substantially complete. If
Contractor agrees that such part of the Work is substantially complete, Contractor will certify to
Owner and Engineer that such part ofthe 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
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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 ofthe 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.
14.6FINAL 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 fumish receipts or
releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor,
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.
14.7FINAL 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
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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 ofthis 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.
14.8WAIVER 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.
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.
15.20WNER 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 thispContract 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
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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 shaJI 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.
Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and
without prejudice to any other right or remedy of Owner, elect to terminate the Agreement. In
such 'case, Contractor shall be paid (without duplication of any items):
for completed and acceptable Work executed in accordance with the Contract
Documents prior to the effective date of termination, including fair and reasonable
sums for overhead and profit on such Work;
for expenses sustained prior to the effective date of termination in performing services
and furnishing labor, materials or equipment as required by the Contract Documents in
connection with uncompleted Work, plus fair and reasonable sums for overhead and
profit on such expenses;
for all claims, costs, losses and damages incurred in settlement of terminated contracts
with Subcontractors, Suppliers and others; and for reasonable expenses directly
attributable to termination.
Contractor shall not be paid on account of loss of anticipated profits or revenue or other
economic loss arising out of or resulting from such termination.
15.3CONTRACTOR 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
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payment on the same terms as provided in the article for Owner May Terminate. However, ifthe
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.
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.
17.2GIVING NOTICE
Whenever any provision ofthe 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
ofthe firm or to an officer ofthe 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 oflimitations or repose.
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17.4PROFESSIONAL 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.
17.5ASSIGNMENT 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 ContractorNendor. 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.
Document!
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Revised: 9/26/2007
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SECTION IV
TECHNICAL
SPECIFICA TIONS
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SECTION IV
TECHNICAL SPECIFICATIONS
Table of Contents:
S E CTI ON IV ........................ ......... ................................ ............... ....... ..... ...................................... i
TECHNICAL SPECIFICATIONS.... ......... ..... .......... ...... ...... ...... ....... .... ... ... ......... ........... ...... ...... i
1 seo PE 0 F W 0 RK........................................................................................................... 1
1.1 SCOPE DESCRIPTION ............. ...... ..................................................... .................... ..... 1
1.2 SCOPE OF WORK CHECKLIST .................................................................................. 7
2 LINE, GRADE AND RECORD DRAWINGS................................................................ 9
2.1 LINE AND GRADE SHALL BE PERFORMED BY THE CONTRACTOR ............... 9
2.2 LINE AND GRADE SHALL BE PERFORMED BY THE CITY ................................. 9
3 DEFINITION 0 F TERMS .................... ........................ .................... ............................... 9
4 ORDER AND LOCATION OF THE WORK .............................................................. 10
5 EXCAVATION FOR UNDERGROUND WORK........................................................ 10
6 C ON eRE TE ................................................................................... ...... ....... ................... ..11
7 EXCAVATION AND FORMS FOR CONCRETE WORK ........................................ 12
7 .1 EXCAVATION... ...... ................ .... ............... ........ ...................... .......... ............ .............. 12
7.2 FORMS ................. ..... ................................. ........................... ..... ..... ...... ...... ............ ..... 12
9 0 BS TR U CTI 0 NS ........................................................................................................... 12
12. DEWATERING
34 MATERIAL USED ........................................ .... ......................................... .................... 15
35 CONFLICT BETWEEN PLANS AND SPECIFICATIONS ...................................... 15
37 AUDIONIDEO TAPE OF WORK AREAS ................................................................. 15
37.1 AUDIONIDEO TAPE OF WORK AREA SHALL BE PREPARED BY THE CITY 15
37.2 AUDIONIDEO TAPE OF ALL WORK AREAS SHALL BE PREPARED BY THE
CONTRACTOR.... ....... ............ ........... .................. ........... .............. .......... .................... 15
37.2.1 CONTRACTOR TO PREPARE AUDIO/VIDEO TAPE......................................... 15
37.2.2 SCHEDULING OF AUDIO/VIDEO TAPE........................................................... 15
37.2.3 PROFESSIONAL VIDEOGRAPHERS .............................................. ................... 15
37.2.4 EQUIPMENT........................................................................................................ 15
37.2.5 RECORDED INFORMATION, AUDIO,.. ................. .............. .............................. 16
37.2.6 RECORDED INFORMATION VIDEO ................................................................. 16
37.2.7 VIEWER ORIENTATION...................................................................................... 16
37.2.8 LIGHTING............................................................................................................ 16
37.2.9 SPEED OF TRA VEL....................................................................... ...................... 16
37.2.10 VIDEO LOG/INDEX............................................................................................. 17
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Section IV - Technical Specifications
37.2.11 AREA OF COVERAGE.................. ................. ........ .............................................. 17
37.2.12 COSTS OF VIDEO SERVICES........................ .............. ....................................... 17
38 EROSION AND SILTATION CONTROL ................................................................... 17
38.1 STABILIZATION OF DENUDED AREAS ................................................................. 17
38.2 PROTECTION AND STABILIZATION OF SOIL STOCKPILES ............................. 17
38.3 PROTECTION OF EXISTING STORM SEWER SySTEMS.................................... 17
38.4 SEDIMENT TRAPPING MEASURES................. ..... ............ ............. ......................... 18
38.5 SEDIMENTATION BASINS .... ............................ ......... ....... ......... .......... ....... ..... ........ 18
38.6 WORKING IN OR CROSSING WATERWAYS OR WATERBODIES ...................... 18
38.7 SWALES, DITCHES AND CHANNELS .................................................................... 18
38.8 UNDERGROUND UTILITY CONSTRUCTION ....................................................... 19
38.9 MAINTENANCE ......................................................................................................... 19
38.10 COMPLIANCE........... ............. ......... ..... ......................... ..... ............. ........ ......... ........... 19
40 AWARD OF CONTRACT, WORK SCHEDULE AND GUARANTEE.................... 22
50 PROJECT INFO RMATI ON SI GNS ............................................................................ 25
50.1 SCOPE AND PURPOSE .................. ......................... ...... ........ ..... .............. ........ .......... 25
50.2 TYPE OF PROJECT SIGN, FIXED OR PORTABLE................................................. 25
50.3 FIXED SIGN .. .............. ................ .............. ............................. ..... ......... ....... ........ ........ 25
50.4 PORTABLE SIGNS ............. ........... ............ ............................. ..... ......... ..... .......... ........ 25
50.5 SIGN COLORING..... ............ .... ..... ... .... ...... .... ... ......... .... ........ ..... ......... ... ........... ......... 25
50.6 SIGN PLACEMENT.. ...... ......... ........ ................. ................... .............. ... .......... ..... ....... 25
50.7 SIGN MAINTENANCE.... ........ ........ .... .................... ............. .......... ... ............... .......... 26
50.8 TYPICAL PROJECT SIGN....... ........ ....... .......... ............. ........... ......... ............... .......... 26
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Section N - Technical Specifications
1. SCOPE OF WORK
SCOPE DESCRIPTION
Project Name: 2007 Sidewalk Contract
P~ectNumb~: 07-0023-EN
Scope of Work: The work proposed in this contract includes the placement of new sidewalk in
various locations throughout the City as shown on the City of Clearwater Engine~g Drawings
#2007023, Maps 1 through 4 of 4 and the New Sidewalk list attached. Other work involves the
removal and replacement of sidewalks and/or the installation of approved pedestrian warning
surfaces in the areas shown on the Engineering Drawings #2007024, Maps 1 through 4 of 4 and
the ADA Compliance list attached. At these locations the Contractor will be required to upgrade
existing sidewalks to meet the code requirements for ramp slope, running slope, cross-slope,
truncated domes and the use of a contrasting color on warning surfaces to meet Florida Building
Code, Chapt~ 11, Florida Accessibility Code for Building Construction. Contractor shall refer to
the ADA Compliance list for the specific work to take place at the individual locations. In
addition to the above, the Contractor is required to be prepared to install up to 1,500 sq. ft. of
concrete sidewalk with a shell aggregate that will match a shell aggregate previously used in
concrete sidewalks located on Clearwater Beach.
Survey work by City Land Survey Division: The City will locate property comers to establish
the right-of-way in which the sidewalk is being installed. All oth~ work related to the layout and
installation of the sidewalk is the sole responsibility of the Contractor.
Type of Concre~e to be used: All concrete to be use,d s~all be a minimum of 3,000 PSI with
fib~ mesh reinforcing. Where sidewalks trav~se driveways, Contractor shall also install 6" x 6"/
lOx 10 welded wire mesh.
Pre-bid inspection of Work Sites: Work locations should be inspected by the Contractor prior
to bidding.
Video Tape: It is the responsibility of the Contractor to professionally videotape all work areas
(See Sec. IV, Article 37).
Resident Notification: As p~ Section ~ Article 52, the Contractor shall notify residents in
writing seven (7) days in advance of construction. Also, the Contractor shall provide sufficient
staff to answ~ citizen inquiries.
Completion of work in timely manner: At any specific sidewalk construction location, the
Contractor's start to finish time for all work to be completed shall be no more than fifteen (15)
days, unless the Contractor's work is unavoidably delayed by weather or circumstances not
under the Contractor's control. An area will be deemed finished when all appropriate restoration
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Section IV - Technical Specifications
activities have been accomplished as determined by the City's Project Inspector. Failure to meet
this time schedule will result in the Contractor being directed to suspend the start of any new
work until all old work is completed. A longer time period may be allotted for extended new
sidewalk installations. The City's Project Inspector and/or Construction Coordinator will direct
the order of work by areas in conjunction with the Contractor's construction representative.
Coordination of Work with Contractor's Supervisor: This project has many work areas and
will require close coordination between Contractor personnel and City staff. To facilitate this
coordination, the City will require that the Contractor's job site foreman or superintendent have a
cellular phone at all times during normal working hours. The cost for this requirement is to be
included in the overall unit foot cost of sidewalk.
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.
Payment: Payment for services will be contained in the following contract bid items:
New Sidewalks - 1. Construct 4" Concrete Sidewalk (3,000 PSI with fiber mesh
reinforcing); 2. Construct 6" Concrete Sidewalk (3,000 PSI with fiber mesh reinforcing and
welded wire mesh); 3. Root pruning; 4. Install Tactile Warning Surface (truncated domes); 5.
Prepare, install and maintain Project Signs.
Removal and Replacement Sidewalks for ADA Compliance - 7. Remove and replace
4" Concrete Sidewalk (3,000 PSI with fiber mesh reinforcing); 8. Remove and replace 6"
Concrete Sidewalk (3,000 PSI with fiber mesh reinforcing and welded wire mesh); 9. Remove
and replace 4" concrete sidewalk with shell aggregate (3,000 p.s.i. with fiber mesh reinforcing);
10. Remove and replace 6" concrete sidewalk with shell aggregate (3,000 p.s.i. with fiber mesh
reinforcing and welded wire mesh); 11; Install Tactile Warning Surface (truncated domes); 12.
Prepare, install and maintain Project Signs.
Bus Pads as part of sidewalk: If sidewalk work is to be adjacent to an existing bus stop(s), the
City may direct the Contractor to construct a bus pad in conformance with the attached
construction detail 109 page 3 of3. Payment for this work will be included in the bid item for 6"
reinforced (fiber mesh) concrete.
Restoration of site and debris disposal: The Contractor shall at all times keep the work site
free of debris caused by his work. Accumulated debris shall be disposed of in compliance with
the requirements of the governing regulatory agencies. Disposal is to be included in the unit cost
of sidewalk. Recycled material weight will be reported to the construction inspector monthly.
Protection of Adjacent property: When adjacent property is affected or endangered by work
done under the contract, it shall be the responsibility of the Contractor to take whatever steps are
necessary to protect said property. The project Inspector must be notified immediately in all such
cases.
Contractor's Employee Contact with Citizens: The Contractor shall conduct business in a
professional manner and be courteous to citizens. Question that the Contractor cannot answer, or
are of a controversial nature, should be forwarded to the project inspector.
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Section IV - Technical Specifications
Removal of all barrier curbs: The City will comply with the requirements of the Federal
American Disabilities Act. As such, all barrier curbs will be ramped. Payment will be included in
the bid item for removal and replacement of concrete to construct ramps where required. A tactile
surface (truncated dome) adjacent to the pavement area on all ramps is required.
Sod replacement and the Repair of Sprinkler systems: the Contractor shall replace Sod
disturbed by project construction with the cost included in other bid items. Replacement sod
shall match existing type and be watered until growth is established. The Contractor is
responsible to repair sprinkler systems damaged by project construction with the cost included in
other bid items. Damaged sprinklers must be repaired and be functional prior to placement of
new sod.
Relocation of Utilities: If the relocation of utilities is necessary, it will be the responsibility of
others unless arrangements are made with the Contractor for these services. All meter boxes
(water, reclaimed, etc.) and fire hydrants should be relocated outside of sidewalk and driveway
areas. The City's Water Division prefers to perform relocation of said boxes and hydrants and
requires three (3) days advance notice for relocation. The contact person for the Water
Department is Glenn Daniel who can be contacted at (727) 562-4960, extension 7249. As the
Contractor is expected to review all work locations prior to bidding, all such boxes and hydrants
should be discussed at the pre-construction meeting so that proper coordination between the
Contractor and Water Department is assured and no delay results.
Preconstruction and Progress Meetings: A pre-construction conference shall be held to discuss
project coordination, traffic control methods and other items of direct interest to the progress of
this contract. The Construction Coordinator may call regular progress meetings to discuss the
project or to work out problems that may arise during the course of the work.
Direction to Contractor: The Contractor is to only take direction from the City's Project
Inspector and/or Construction Coordinator to avoid confusion.
Removal of Existing Sidewalks and Curbs: Removal of existing sidewalks and curbs is to be
made either at a clean perpendicular saw cut, or at an existing expansion joint.
Project Signs: The Contractor's attention is called to the bid item for the project signs and
Section IV, Article 50 of the project scope. Portable signs shall be used in this project by the
Contractor at each active work site.
Overtime Inspection: Our Public Services Construction Division does not have sufficient
funding to provide for overtime inspection. The Contractor is required to perform all work that
requires immediate inspection (particularly concrete pours) during normal hours. The Contractor
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Section IV - Technical Specifications
can perform work that does not require immediate inspection at his own schedule. The
Contractor will be charged $40.00 per hour for overtime inspection.
Order and Priority of Work: The order and priority of the work will, in general, be established
at the pre-construction conference. 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 cqntract with proper advance notification to the Contractor. The work in each
area shall be completed prior to moving to the next area.
Root Pruning: Where proposed construction improvements involve excavation and impact of
the critical root zone of protected trees, the Contractor shall be required to have an ISA certified
arborist perform root pruning to reduce the impact of construction. The critical root zone is
equivalent to a tree's drip line. Prior to any grubbing 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 by utilizing trenching equipment designed for this purpose or by hand digging a
trench and pruning roots with a pruning saw, chain saw or other equipment designed for tree
pruning. Roots located within the critical root zone that will be impacted by construction shall
be pruned to a depth of 18 inches below existing grade or the depth of disturbance if less than 18
inches from existing grade. The City's contact for root pruning issues is Tim Kurtz, Senior
Landscape Architect, City Engineering Department, who can be reached at (727) 562-4737. In
addition, a high impact plastic root barrier may be required by the City along the root-pruned
area to deflect future root growth. The root barrier product to be used is Biobarrier Root Control
System or equivalent as specified by City Public Services - Urban Forestry Division. It should
also be understood that no vehicles, equipment or materials will be allowed within the critical
root one of any existing trees or palms. The cost for any required plastic barrier shall be included
in the bid item price for root pruning.
Rampsffactile Walking Surfaces: Where the sidewalk meets the roadway, a ramp with a tactile
surface (truncated domes), that meets all Federal A.D.A. requirements, shall be installed (See
attached FDOT Index 304, Page 6 of 6). Tactile walking surfaces (truncated domes) shall be
procured from any of the City approved vendors listed in this contract. The color yellow shall be
used on all tactile surfaces to be installed as part of this contract.
Compliance with the Florida Building Code: Sidewalk cross slopes, running slope and ramp
slopes shall be compliant with Chapter 11 of the Florida Building Code, listed below:
(Maximum cross slope on a ramp is 1 :50 or 2%)
(Maximum cross slope of an accessible route is 1 :50 or 2%)
(Maximum running slope of an accessible route is 1 :20 or 5%)
(Maximum running slope of a ramp is 1 :12 or 8.3%)
(Minimum clear width of a ramp is 36-inches)
Sec. 4.8.6.
Sec. 4.3.7.
Sec. 4.3.7.
Sec. 4.8.2.
Sec. 4.8.3
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Section IV - Technical Specifications
Pay Items and Non-Specific Work: Work for which a specific pay item is not provided should
be included in the most appropriate pay item given.
Traffic Control: Traffic Control: Traffic control shall be the responsibility of the Contractor,
with the cost included in other bid items. Two-way traffic must be maintained at all times. Any
necessary lane closure shall require proper signage in accordance with all applicable FDOT
standards. See Se IV, Article 44 of the project scope for additional traffic control details and
specifications.
Erosion Control: For all areas of excavation, the Contractor shall be required to place sediment
traps (such "GeoHay" or rock baskets) around all storm inlets within the scope of the project and
to maintain them until the work is completed (see Section IB, Article 38). The Contractor is to
perform all construction activity so as to prevent soil erosion into adjacent roadways or drainage
feature in accordance with City environmental standards.
Measurement of Contract Quantities: The Contractor shall provide the Project Inspector a list
of construction q"\.l~tities on ~_~aily basis and preceding each payment. The information is
needed to charge specific budget codes within the City's capitol improvement program.
Notice to Proceed: The notice to proceed will be issued at the pre-construction meeting.
Start of Project Work: The Contractor shall begin project work within thirty (30) days of the
execution 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 shall 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 location if deemed necessary (see
Section III, Article 10).
Staging Area: The Contractor shall make proVISIOns for his own staging areas. Written
permission to use private properties for staging required and a copy must be forwarded to the
City. All staging areas must be restored to their original condition or better. The Project Inspector
can assist the Contractor to determine if any City properties are available to use as staging areas.
Mailboxes: The Contractor shall temporarily relocate any mailboxes disturbed by project work
so that all residents can receive mail each day. Permanent replacements of the mailboxes by the
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Section IV - Technical Specifications
Contractor shall conform to U.S. Postal Service requirements. The cost for said relocation shall
be included hi the appropriate bite item price for sidewalk.
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. Pedestrian traffic must be safely routed
around all stored materials or construction debris. The Contractor is responsible for restoring all
storage areas to their original condition.
New Sidewalk Installations: All new sidewalk placed as part of their contact shall be 5-feet in
width, with ADA compliant ramps, unless otherwise noted.
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.
Conflict Between the Plans and the Specifications: Whenever a conflict appears between the
plans and the specifications, the more stringent requirement shall apply (see Section IV, Article
35).
Acceptance of the Work: The Contractor is responsible for all work until final acceptance by
the City. The Contractor shall warrant all project installations for one year (See Section III,
Article 13.5).
Contact Person: Contact Steve Doherty at (727) 562-4773 for questions or concerns prior to the
pre-construction conference. Contact Perry Lopez at (727) 462-6988 after the pre-construction
conference.
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Section IV - Technical Specifications
1.1 SCOPE OF WORK CHECKLIST
Project Name: 2007 Sidewalk Contract
Project Number: 07-0023-EN
The following Articles of the Technical Specifications will apply to this contract if marked "X"
as shown below:
1 [g] Scope Of Work
2.1 [g] Line, Grade And Record Drawings - by Contractor
2.2 0 Line, Grade And Record Drawings - by City
3 [g] Definition Of Terms
4 [g] Order And Location Of The Work
5 0 Excavation For Underground Work
6 [g] Concrete
7 [g] Excavation And Forms For Concrete Work
8 [g] Reinforcement
9 [g] Obstructions
10 [g] Restoration Or Replacement Of Driveways, Curbs, Sidewalks And Street Pavement
11 [g] Work In Easements Or Parkways
12 0 Dewatering
13 0 Sanitary Manholes
14 D Backfill
15 D Street Crossings, Etc.
16 D Raising Or Lowering Of Sanitary Sewer, Storm Drainage Structures
17 D Unsuitable Material Removal
18 D Underdrains
19 L J Storm Sewers
20 D Sanitary Sewers And Force Mains
21 D Drainage
22 0 Roadway Base And Sub grade
23 D Asphaltic Concrete Materials
24 0 Adjustment To The Unit Bid Price For Asphalt
25 D General Planting Specifications
26 D Hdpe Deformed - Reformed Pipe Lining
27 D Plant Mix Driveways
28 ~ Reporting Of Tonnage Of Recycled Materials
29 D Concrete Curbs
30 ~ Concrete Sidewalks And Driveways
31 ~ Sodding
32 0 Seeding
33 0 Storm Manholes, Inlets, Catch Basins Or Other Storm Structures
34 [g] Material Used
35 ~ Conflict Between Plans And Specifications
36 0 Street Signs
37.1 0 AudioNideo Tape Of Work Areas - by City
37.2 [g] AudioNideo Tape Of Work Areas - by Contractor
38 ~ Erosion And Siltation Control
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Section IV - Technical Specifications
39 D Utility Tie In Location Marking
40 ~ Award Of Contract, Work Schedule And Guarantee
41 D Water Mains and Appurtenances
42 D Gas System Specifications
43 D Tennis Courts
44 ~ Work Zone Traffic Control
45 D Cured-In-Place Pipe Lining
46 D Specifications for Polyethylene Sliplining
47 D Specifications for Polyvinyl Chloride Ribbed Pipe
48 D Gunite Specifications
49 D Sanitary and Storm Manhole Liner Restoration
50 ~ Project Information Signs
51 D In-Line Skating Surfacing System
52.1 D Resident Notification of Start of Construction - by City
52.2 ~ Resident Notification of Start of Construction - by Contractor
53 D Gabions and Mattresses
54 D Lawn Maintenance Specifications
55 D Milling Operations
56 [ J Clearing and Grubbing
57 0 Riprap
58 0 Treatment Plant Safety
59 r ] Traffic Signal Equipment and Materials
60 0 Si~ng And Marking
61 0 Roadway Lighting
62 ~ Tree Protection
63 0 Project Web Pages
TIME: 120 DAYS
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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.
3. DEFINITION OF TERMS
For the purpose of these Technical Specifications the following definition ofterms shall apply:
City
City of Clearwater, Pinellas County, FL.
Engineer
The City Engineer of the City of Clearwater, Pinellas County, Florida, or his authorized
representative.
Contractor
The person, firm or corporation with whom this contract or agreement has been made by
the City of Clearwater or its duly authorized representative.
Inspecto"-.'
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.
F.D.D.r.
The Standard Specifications for Road and Bridge Construction as
Specifications
issued by the Florida Department of Transportation (latest English edition).
A.A.S.HT.D.
American Association of State Highway and Transportation Officials.
A.WS.
American Welding Society
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A.S. T.M
American Society for Testing Materials
A.S.A.
American Standards Association
A.NS.l
American National Standards Institute
A. WWA.
American Water Works Association
o.S.HA.
Occupational Safety & Health Administration
A.C.l
American Concrete Institute
Representative of Contractor
The Contractor shall assign a responsible person or persons, one of whom shall be at the
construction site at all times that work is progressing. The names and positions of these
persons shall be submitted to the City Engineer at the time of the pre-construction
conference. This person or persons shall not be changed without written approval of City
Engineer.
Estimated Quantities
The Contractor's attention is called to the fact that the estimate of quantities as shown on
the Proposal Sheet is approximate and is given only as a basis of calculation upon which
the award of the contract is to be made. The City does not assume any responsibility that
the final quantities will remain in strict accordance with estimated quantities nor shall the
Contractor plead misunderstandings or deception because of such estimate of quantities
or of the character or location 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
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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 employees 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 is 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 that 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 placements.
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
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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.
9. OBSTRUCTIONS
Any pipes, conduits, wires, mains, footings, driveways, or other structures encountered shall be
carefully protected from injury or displacement. The Contractor to the satisfaction of the
Engineer and the owner thereof thereto shall fully, promptly, and properly repair any damage.
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 extetiC'of anY'existing structures6r
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.
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.
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Section IV - Technical Specifications
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. Allover 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 ~d all phases of the contract wor~~ The Contractor shall not obtain water from local
residents or businesses except as the Contractor shall obtain written permission.
Reuse water is available for the Contractor's use without charge from the
City's wastewater treatment plants, provided the water is used on City of
Clearwater contractual work. Details for Contractor to obtain and reuse
water from the treatment plants will be coordinated at the pre-construction
conference. The Contractor's use of reuse water must conform to aU
regulatory requirements.
28. REPORTING OF TONNAGE OF RECYCLED MATERIALS
The State of Florida has imposed strict requirements on Solid Wastes Handlers to decrease the
generation of solid waste products and in particular to increase the amount of recycle products.
In this regard, the City is required to determine the monthly total tonnage of all construction
debris which is recycled in this contract. A recycled material is any material reused in any
manner which diverts its alternative disposal to a publicly assessable landfill or by incineration.
If a material, such as clean earth, is not normally disposed to a landfill or incineration, then it is
not to be considered a recyclable material. The Contractor is required to include in each request
for payment the total tonnage of materials which were recycled by the contractor during the
contract period for which the payment request is made. Any cost to the contractor for the
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development and submittal of this information is to be included in the contract items provided in
the original contract proposal.
30. CONCRETE SIDEWALKS AND DRIVEWAYS
30.1 CONCRETE SIDEWALKS
Concrete sidewalks shall be constructed to the line, grade and dimensions as shown on the plans
or herein specified. Unless otherwise noted, all concrete sidewalks shall have fiber mesh
reinforcement and have a minimum strength of 3000 p.s.i. at 28 days. Unless otherwise
specified, all concrete sidewalks shall have a minimum width of four feet (4 '). Concrete
sidewalks shall have a minimum thickness of four inches (4"), except at driveway crossings
where a minimum thickness of six inches (6") is required. Also, 6/6 X 10/1 0 welded wire mesh
reinforcement is required for all sidewalk that crosses driveways. The welded wire mesh shall be
positioned in the middle to upper third of the placement. No compensation shall be given if the
welded wire mesh is not properly placed. Expansion joints shall be placed at intervals of not
more than 100 hundred feet, and scoring marks shall be made every 5 feet. Concrete shall be
poured only on compacted subgrade. In addition, all the requirements of City Articles 6, 7, and 8
shall also apply.
30.2 CONCRETE DRIVEWAYS
Concrete driveways, whether new construction or replacement, shall be a minimum of six (6)
inches in thickness with 6/6 X 10/10 welded wire mesh reinforcement and a minimum horizontal
distance between expansion joints of no less than four (4) feet measured in any direction. The
welded wire mesh shall be positioned in the middle to upper third of the placement. No
compensation shall be given if the welded wire mesh is not properly placed. Concrete shall be
poured only on compacted subgrade. In addition, all the requirements of City Articles 6, 7, and 8
shall also apply. .
The Contractor shall notify the Project Inspector a minimum of 24 hours in
advance of the placement of all concrete sidewalks and driveways.
31. SODDING
Unless otherwise noted herein, the Contractor shall place all sod, either shown on the plans or at
the direction of the Engineer, in conformance with Sections 575, 981, 982 and 983 of FDOT's
Standard Specifications (latest edition). The area for sod application shall' be loosened and
excavated to a suitable depth and finished to a grade compatible with existing grass and
structures. Sod shall be placed with edges in close contact and shall be compacted to uniform
finished grade with a sod roller immediately after placement. In sloped areas, the sod shall be
graded and placed so as to prohibit erosion and undermining of the adjacent sidewalk. No sod
that has been cut for more than 72 hours can be used unless authorized by the Engineer 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.
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Section IV - Technical Specifications
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.
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.
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 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
The Contractor shall furnish all equipment, accessories, materials and labor to perform this
service. The total audio video system shall reproduce bright, sharp, clear pictures with accurate
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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
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.
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.O 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.
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.
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
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Section IV - Technical Specifications
influence. The rate of speed in the general direction of travel of the vehicle used during taping
shall not exceed 44 feet per minute.
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.
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,
fractures, or defects. Taped coverage shall be limited to one side of the Site, street, easement or
right of way at anyone time.
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 "GeoHay", rock baskets, sod, stone, etc., which shall be maintained and
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Section IV - Technical Specifications
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.
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 sub drain 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
containing 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.
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Section IV - Technical Specifications
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".
City of Clearwater Standard Detail Drawings No. 601 and 607 are examples of accepted methods
that may be used or required to control erosion and siltation. .
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City of Clearwater - Erosion Control
This notice is to inform the prime Contractor that the City of Clearwater holds them responsibl e
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 rainstorms
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 b.e 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.
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-------------------
Section N - Technical Specifications
CITY OF CLEARWATER
NOTICE OF
EROSION VIOLATION
UNDER SECTION 3-701 (DIVISION 7 - EROSION AND SILTATION CONTROL) OF THE CITY OF CLEARWATER CODE OF
ORDINANCES, THIS SITE HAS BEEN FOUND IN VIOLATION. THIS SITE MUST BE RESTORED TO AN EROSION
CONTROLLED SITE PRIOR TO ANY FURTHER DEVELOPMENT TO CONTINUE.
Warning
$32.00 Reinspection Fee
$80.00 Reinspection Fee
Stop Work Order
CITY OF CLEARWATER
PLANNING & DEVELOPMENT SERVICES 727562-4741
&
PUBLIC SERVICES/CONSTRUCTION 727 462-6126
DATE POSTED:
Inspector's Name:
Received by:
(Signature indicates only a copy of this notice has been
received and does not in any way indicate admission of guilt
or concurrence with findings of the inspector.)
Inspector's Signature:
IT IS A VIOLATION TO REMOVE THIS NOTICE
ANY UNAUTHORIZED PERSON REMOVING THIS SIGN WILL BE PROSECUTED
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PROJECT: 2007 Sidewalk Contract
{07 -0023-ENl.
40. AWARD OF CONTRACT, WORK SCHEDULE AND GUARANTEE
It will be required that the work will commence not later than five (5) calendar days after the
Engineer gives written notice to proceed, which notice shall be given as outlined in Article 2 -
General Conditions.
It is further required that all work within this contract be completed within 120 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 Assistant Public Services Director, will require the presence
of Inspectors, the Contractor shall pay the City of Clearwater, Florida, the amount of Three
Hundred Twenty Dollars ($320.00) 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 there from which appear within a period of one year from the date of final
acceptance.
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.
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Section IV - Technical Specifications
· 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
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 without 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.
44.3.2.1 PUBLIC NOTIFICATION
Standard property owner notification prior to start of construction for properties directly affected
by the construction process.
44.3.3 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.
44.3.3.1 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.
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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 Subartic1e 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.
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Section IV - Technical Specifications
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 of the 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
bOoth 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.
50.6 SIGN PLACEMENT
Signs shall be placed where they are readily visible by the general publics that 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
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Section IV - Technical Specifications
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
2007 SIDEWALK CONTRACT
(07-0023-EN)
A CITY OF CLEARWATER PUBLIC WORKS PROJECT
Contractor:
City Project Manager
Scheduled Completion Date
Funding provided by:
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. The 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 v.. 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
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Section IV - Technical Specifications
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 the 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.
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. The
contractor will replace typical items such as sprinklers, grass, and postal approved mailboxes
within a reasonably short period of time. The replacement of driveways and sidewalks. wiUbe
made using standard asphalt or concrete materials. The property owner is responsible for the
expense and coordination to replace driveways and sidewalks that have customized colors,
textures and/or materials. Small trees, shrubs, landscaping materials, unauthorized mailboxes or
structures within the right-of-way that must be removed due to the construction process will not
be replaced. The property owner is responsible to relocate any such items that 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
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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 drip line of all species of Mangroves and Cabbage Palms.
2. At or greater than the full drip line 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, arid after erection of the barrier
no such material or litter shall be permitted to remain within the protected area. No
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
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Section IV - Technical Specifications
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 (IS A) 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 likelihooo 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 ifless
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.
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.
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Section IV - Technical Specifications
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.
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SUPPLEMENT AL
TECHNICAL
I SPECIFICATIONS
SECTION IV-A
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Section N-A: Supplemental Information
SECTION IV-A
SUPPLEMENTAL INFORMATION
Table of Contents:
Typical Sidewalk Construction and Ramp Detail (Index 109)..................1
2008 F.D.O.T. Design Standards Index 304.......................................4
A.D.A. Compliance Matrix.................................................. .'.. ......5
New Sidewalk Construction Matrix................................................6
Photo 27G/0042.. ........ .... ........ ... ...... ... ...... ......... ....... ... ... ... ... ....8
Photo 0064 (1 of 2)............................................ ........................9
Photo 0064 (2 of 2)............................................ ...... ........... .. ....1 0
Photo 0065. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . .11
Photo 0063.... . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . .12
Photo 27C............................................ .,...... .,.................... .-... .13
Photo 28F (1 of 2)...................... ........................................... ...14
Photo 28F (2 of 2)........................................................... ..... ...15
Photo 33D. . .. . .. . .. . .. . . . . . . . .. . . . . .. . .. . .. . .. . .. . .. . .. . . . . .. . .. . . . . . . . .. . .. . . . . . . . . ..16
Photo 0055........................................................................... .17
Qualified Products List. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .18
Location Maps
1
Remove Back of Curb on State or Vertical Curbs with a vertical Saw cut
or Remove entire Curb and Replace as Part of Sidewalk Ramp.
'" '!l.......J.
~ . ...~o<:<, ~
",e~ rl" 1,.~",..... 3' Transition
~e\' . -<.< o~.....
~() ~ ~1-.~
~y \..6"""~ -#
\\ ~>)
cJ.
NOTE: Wings only if
Side Sl es Re uire.
0 R.O. W. Line
c:
0
u
CD Sidewalk
B .0 B
0 PLAN VIEW
:i
Modified and Valley Gutter Curbs
join exist back of curb
12" ______ Textured Surface
1"~ Max Slope ~
. ............ . .,~ . :.. . .' . .': . .
. ..,. .' . ,. '.' .
Joint
Remove to an
even joint or sawcut
SECTION A-A
NOTES:
1. Provide tooled joints at distances matching the width. Also
place expansion joints at driveways.
2, If .om. phyalcol ob.tructlon .xl.t. whIch prev.nt. the ploclng
of sidewalks as shown, contact the Engineering Division for
alternate location.
3. Wooden and other spacers will not be permitted In sidewalks or
driveways.
4. No coatings of any kind will be permitted on concrete
sidewalks or driveways without specific approval of the City
Engineer.
5. All conc~ete shall be 3000 psi min. 0 2S days, with fiber
mesh reinforcing.
6. Concrete surface to be light broom finish.
7. Concrete driveway construction shall be 6" thick w 6x6/10x10
welded wire mesh reinforcement.
-
-
-
-
-
-
-
Remove Curb if Existing
t4"
1/2" Exp.
Exp. Joint
Exist Conc Drive
Max Slope
1"~ Max Slope
4"
TYPICAL DRIVEWAY CROSS SECTION
E.o
e 5
-<..>
.~ ~ '0
:i:i Q.
. . 0
I'"lNf-
It
4' Min Residential Street
5' Min Arterial Street
" Cit R W
2' County R/W
1/4" per Foot
. .:~:. " '::~: .:':~' ..~.....~:.., :. =. ,:!,"~ .. ",.,';'.:
Back of Curb
3000 psi conc 4" thick. Constr. 6"
thick at driveways with 6x6 #10
welded wire mesh. See note 7.
SECTION B-B
S. Ramps shall hove 0 tactile surface, textured to a depth not
exceeding 1/S" by use of tamp or roller In conformance with
requirements of FOOT Roadway and Traffic Design Standards,
Detail 304 or most recent modifications.
-
-
CITY OF CLEARWATER, FLORIDA
3 4/9/02 Rev. Not.. R.G. PUBLIC WORKS ADMINISTRATION
ENGINEERING
2 1/95 added not. RES~t.r BY TYPICAL SIDEWALK DAlE
1 93
11/93 modlflod curb cut JYtR CHECKm BY CONSTRUCTION AND INDEX NO.
T.C.J. RAMP DETAIL 109
REV. DAlE DESCRIPllON APP. DESIGNED BY
C.M.H. 1 OF 3
..
-
-
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-
-
-
-
-
-
-
-
- -
-
-
-
-
-
If "x" is less than 48" then
the slope of the flared side
shall not exceed 12: 1.
ISOMETRIC VIEW
CURB
TRANSITION
DROP
CURB
CURB
TRANSITION
BACK OF SIDEWALK
/'
I ~~
~
'" FLOW LINE
ELEVATION A-A
8---1
NOTES:
1. Ramps are designed to the
Uniform Federal Accessibility Standards
to comj)ly with the Americans with Disabilities Act.
2. Ramps Shall Have a Tactile Surface, Textured to a
Depth Not Exceeding 1/8" by use of Tamp or roller
In Canformance with Requirements of FOOT
Roadway and Traffic Design Standards, Detail 304
Or Most Recent Modifications.
-
REV.
"
-
-
Match Existing if
Existing Sidewalk ~
Grass Planting or Other
Non-Walking Surfac~
6"
RAMP CURB
-
-
CONC.
SIDEWALK
4'/5'
.
Exist. Type I Curb
-
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6" 6" Vertical Curb
~ in Transition
.<(l
'l-
'"
I.Remove Back of Curb~ I'" Flow Line
if Existing
RETURNED CURB RAMPS
VALLEY GUTTER CURB
CONC. RAMP
4/14/115
1/115
DAlE
-...vtc .. ..-.-
AcIded not.
DESCRP1lON
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
TYPICAL SIDEWALK
CURB CUT RAMPS
PHYSICALLY HANDICAPPED
SECTION B-B
APP.
REDRAWN BY
P.W.D.
CHECKED BY
T.C.J.
DESIGNED BY
C.M.H.
.. . ...:.'.
DAlE
1 93
INDEX NO.
109
2 Of' 3
Sidewalk
1: 12
Max
1: 50
Max
Proposed
Access
Proposed
Bus Stop Pad
Ex. Curb
SECTION "A-A"
N.T.S.
NOTES:
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W
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(/)
(/)
o
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II
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o
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II
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1- R/W Typical ~
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~O' -2YPlcal ---L- in
of
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4.0' Wide Min.
1: 12 Max. Slope
Sidewalk
Width Varies
Alternate
Access Routes
Curb
Bus Stop Pad
Bus Stop Sign ____ ~
50' Min.
1. Bus Stop Pad may extend from existing curb to or through
the alignment of existing sidewalk.
2. The Bus Stop Pad will follow the same slope and will be
flush with the back of curb.
3. The maximum slope across the long dimension of the Bus Stop
Pad (perpendicular to the curb) must be a maximum of 1: 50.
A When field conditions do not allow a 1: 50 slope, the minimum feasible
~ slope shall be provided. not to exceed 1: 12.
4. Paved access to the Bus Stop Pad from the sidewalk
must meet City of Clearwater sidewalk standards and ADA
standards with a maximum slope of 1: 12 and level rest
stops no more than 30 feet apart. Location of access will
be field determined. Slope of parkway area adjacent to
Bus Stop Pad will be field determined.
5. Bus Stop Pad shall be a minimum of 6" reinforced concrete the
same as concrete driveways.
BUS STOP PAD
N.T.S.
CITY or CLEARWATER. f'LORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
REDRAWN BY
6. Bus Stop Pad shall be centered as close to lot lines as possible.
Existing bus stop signs may need to be relocated accordingly.
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REV. DAlE
TYPICAL BUS STOP
PAD DETAIL
NOTE 3
DESCRlPnON
RFN CHECKED BY
W.J.S.
APP. DESIGNED BY
T.C.J.
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1.6" 11I11'1.
1!.~'IIaJt.
r----i
, ,
011 R.OIIIp$ ThtIt Are Perpettdlcular WNh The
avb Un.. The 0.. PattD171 ShaIlB. In.Une
WIM The Dlr<<:tlon Of Trw./. III RfJIffJ$
InferseatlnQ Curbs On A RodlU$. The Dome
, ~ Pattern Shall a. In-Une With The OfrtctlCXI
r \ Of TnNfJl To TM E1d.", Praaflr:tl/.
S'CtJnor.,.
Sidewalk
PLAN VIEW
Baft-to-btu. 6paC/fIIl nil be 0.65" .11'1/_ between c:bne.t.
TRUNCATED OOJ/E
, ,
-~ <h
~~I---
. .
~:i ___
--0 0
--0 0
o 0
o.g" 1111'1.
610 nOo2"Oo02'
OUr5T"""'~--
o 0 t
o 0
TM top width of th, dome $ho" be a tn;nll1Ull of SOx
ond G IftDXI_ oF 651 of the bas, dIQlfl,I.r.
All Sidewalk Curb ~ $MIl I-ItJft o.t<<:tGble Wtlmlttg SurftIC.s Thttl Extend The Full Width
Of The Rwtp And In The DlreatllJi'l Of Trwe/2-f Inches (610 mmJ From The &lei Of CUrb.
PLAN
CURB RAlJP DETECTABLE WARNING DETAIL
5'
PICTORIAL VIEWS
TYPICAL PLACEMENT OF DETECTABLE WARNING ON CURB RAlJPS
(\l
2008 FOOT Des n Standards
PUBUC SIDEWALK CURB RAMPS
Index No.
304
4
Sld.walk CUrb
(Wher, Neceuory)
Utility Strip
PLAN
Latl
R"""n
07/01/07
Shut No.
6 of6
Location/Photo # From To Side of Overall Overall Area Work Description
Street Length (ft.) Width (sq. ft.)
ft.
S. Ft. Harrison Ave.
and Turner Southeast comer To be To be To be
St./Photo 27-G determined determined determined
S. Ft. Harrison Ave. 1) Install warning surface
and Markley/Photo To be To be To be 2) Eliminate 1.5-inch vertical
0064 Southeast comer determined determined determined obstruction
3) R/R concrete to eliminate
excessive cross slo e.
S. Ft. Harrison 1) Install warning surface
Ave. and Markley To be To be Tobe 2) Eliminate 0.5-inch vertical
St./Photo 0064 ~ortheastcomer determined determined determined obstruction
3) R/R concrete to eliminate
excessive cross slo e.
S. Ft. Harrison Ave. 400 S. Ft. 1) R/R concrete to correct excessive
IPhoto 0065 Chestnut St. Harrison Ave. West 180 5 900 cross slope.
Drivewa
S. Ft. Harrison Ave. 400 S. Ft. West ~/A ~/A ~/A 1) R/R concrete to eliminate 1.5-
/Photo 0063 Chestnut 8t. Harrison Ave. inch vertical obstruction. (see
Driveway Location 0065)
Coronado Dr. Crosswalk located between Pier 60 Park and City N/A N/A N/A I) Install warning surface at ends of
/Photo 27-C Marina crosswalk.
400 Mandalay Ave. Crosswalk located north of driveway to 400 ~/A ~/A N/A 1) Install warning surface at ends of
/Photo 28- F, 1 of 2 Mandala Ave. crosswalk.
400 Mandalay Ave. Entrance drive into 400 Mandalay Ave. ~/A ~/A ~/A I) Install warning surface on either
/Photo 28F 2 of 2 side of entrance drive.
Osceola Ave. and 1) R/R concrete to correct excessive
Drew St. To be To be To be access route slope
IPhoto 33-D Southwest comer determined determined determined 2) Install warning surface
3) R/R concrete to correct excessive
ram slo e.
Ft. Harrison Ave. 1) Install warning surface on curb
and Drew St. To be To be To be ramp.
/Photo 0055 Southwest comer determined determined determined 2) R/R concrete to correct excessive
access route slope.
3) R/R concrete to correct minimum
ram clear width.
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Section IV-A: Supplemental Information
"
Brookside Magnolia Willowbranch 298A 1,783 4 7,150 9
Drive Street Avenue
Carlisle Keene Murray 261B 2,270 4 9,100 4
Street Road Avenue
Cirus Cleveland Rainbow 289B 2,040 4 8,200 4
Avenue S. Street Street
Magnolia Willowbranch Brookside 298A See
Drive Avenue Drive Brookside
Willowbranch 298A See
Ave. Druid Rd. Ma nolia St. Brookside
Terrace Rd. Keene Rd. Murra Ave. 260B 2,520 4 1 0,1 00 8
34,550
6
Photo 27G/0042
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Section IV-A: Supplemental Information
ADA Compliance No. 27-G and 0042:
Southeast corner of Turner St. and South Ft. Harrison Ave.
1. Remove and replace concrete as necessary to correct excessive cross slope in front
of pedestrian pushbutton (pole is on the left side of photo) and behind railing.
2. Remove and replace tactile warning surface with the approved warning surface
(truncated domes, approved contrasting color).
7
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Section IV-A: Supplemental Information
Photo 0064
(1 of 2)
ADA Compliance No. 0064:
Northeast corner of Marklev St. and S. Ft. Harrison Ave.
1. Install approved warning surface, (truncated domes, contrasting color), on ramp.
2. Remove and replace concrete as needed to correct excessive ramp slope (max. 8.3 %).
3. Repair vertical obstruction at foot of ramp (I-inch).
8
Section IV-A: Supplemental Information
Photo 0064
ADA Compliance No. 0064:
Southeast corner of Marklev St. and South Ft. Harrison Ave.
1. Install approved warning surface, (truncated domes, contrasting color), to ramp
onto Markley St.
2. Remove and replace concrete as needed to correct excessive ramp slopes to
Markley St. the adjacent driveway.
3. Repair vertical obstruction at the foot of ramp (1I2-inch).
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Section IV-A: Supplemental Information
Photo 0065
ADA Compliance No. 0065:
Sidewalk bee:innine: north of the northwest corner of the intersection of Chestnut St. and
South Ft. Harrison Ave.
1. Remove and replace 180-feet of 5-foot sidewalk from the south side of the traffic signal
cabinet to the first joint south of driveway in front of 400 S. Ft. Harrison Ave.
10
Section IV-A: Supplemental Information
Photo 0063
ADA Compliance No. 0063:
West side of South Fort Harrison Ave. between Chestnut and Marklev Streets. located
approximately 105 feet north of traffic si2nal cabinet on north side of Chestnut St.
1. Remove and replace sidewalk to eliminate vertical barrier (1.5 inches). Root pruning
will be necessary.
NOTE: This work shall be done as part of ADA Compliance No. 0065.
11
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Section IV-A: Supplemental Information
Photo 27 C
ADA Compliance Issue 27C:
Coronado Dr.. between City Marina and Pier 60 Park.
1. Install approved warning surface, (truncated domes, contrasting color), minimum 24
inches deep x full width of crosswalk on both ends of crosswalk.
12
Photo 28-F
(1 of 2)
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Section IV-A: Supplemental Information
ADA Compliance No. 28F:
Crosswalk on Mandalav Avenue located north of driveway serving 400 Mandalav Ave.
1. Install approved warning surface, (truncated domes, contrasting color), minimum 24
inches deep and full width on both ends of pedestrian crossing.
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Section IV-A: Supplemental Information
Photo 28-F
(2 of 2)
ADA Compliance No. 28-F:
Entrance drive into 400 Mandalav Ave.
1. Install approved warning surface, (truncated domes, contrasting color, and 12 ft. wide x
24 inches deep on each side of driveway located at 400 Mandalay Avenue.
14
Photo 33D
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Section IV-A: Supplemental Information
ADA Compliance No. 33D:
Southwest Corner of Drew St. and Osceloa Ave.
1. Remove and replace concrete as necessary to correct excessive sidewalk running
slope of 11.8%.
2. Remove and replace concrete as necessary to correct excessive ramp slope of 17.3.
3. Install approved warning surface (truncated domes, contrasting color) on curb
ramp.
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Section IV-A: Supplemental Information
Photo 0055
ADA Compliance No. 0055:
Southwest Corner of Drew St. and Fort Harrison Ave.
1. Install approved warning surface (truncated domes, contrasting color) on curb
ramp.
2. Remove and replace concrete as necessary to correct excessive sidewalk running
slope of 16.9%.
3. Remove and replace concrete as necessary to correct ramp clear width of28-inches.
16
~
Product I.D.
Man ufacturer
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Section IV-A: Supplemental Information
Qualified Products List
Detectible Warnings on Walking Surfaces
Cast in Place Composite Tactile
Surface Mount Composite Tactile
ADA Solutions, Inc.
P.O. Box 3
N. Billerica, MA 01862
www.adatile.com
(800) 372-0519
Top Mark
Flint Trading, Inc.
P.O. Box 160
Thomasville, NC 27361
(850) 223-2155
Detectable Warning Mat
Detectable Warning Systems
6435 Joshua Tree Ave.
Orange, CA 92867
(714) 974-3566
ATM Detectable Warning Mat
Advance Traffic Markings
P.O. Box H
Roanoke Rapids, NC 27870
(252) 535-2574
Vanguard ADA Systems of America
Vanguard of Florida
10693 Wiles Road #202
Coral Springs, FL 33076
(954) 776-0230
17
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Prepa red by: Legend N DRAWN BY: JHH
~ Clearwater Engineering Department w-<r E CHECKED BY:
Geographic Technology Division I' ADA Compliance Locations Outside Clearwater Service Area DESIGNED BY:
100 S. Myrtle Ave, Clearwater, FL 33756
U~ Ph: (727)562-4750, Fax: (727)526-4755 DATE: 9/11/2007
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2007 Sidewalk Contract - 07-0023-EN - A.D.A. Compliance Locations I Drawing #2007024
Prepared by: Legend N DRAWN BY: JHH
~ Clearwater Engineering Department w-\>- E CHECKED BY:
Geographic Technology Division ~ ADA Compliance Locations Outside Clearwater Service Area DESIGNED BY:
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U~ Ph: (727)562-4750, Fax: (727)526-4755 DATE: 9/11/2007
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Geographic Technology Division (t ADA Compliance Locations Outside Clearwater Service Area DESIGNED BY:
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07-0023-EN - A.D.A. Compliance Locations I Drawing #2007024
Prepared by: Legend N DRAWN BY: JHH
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Geographic Technology Division . ADA Compliance Locations Outside Clearwater Service Area DESIGNED BY:
100 S. Myrtle Avo, Clearwater, FL 33756
U~~ Ph: (727)562-4750, Fax: (727)526-4755 DATE: 9/5/2007
www.MyClearwater.com Eilllil!ll ADA Compliance Segments s NOT TO SCALE MAP#: 4 OF 4
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07-0023-EN - New Sidewalk Locations I Drawing #2007023
Prepared by: Leaend Location N DRAWN BY: JHH
~ Cleat'\vater Engineering Department w-\r E CHECKED BY:
Geographic Technology Division II II . Proposed Sidewalks Terrace Rd DESIGNED BY:
100 S. Myrtle Ave, Clearwater, FL 33756
U~ Ph: 17271562-4750, Fa.: (727)5264755 DATE: 10/16/2007
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SECTION V
CONTRACT
DOCUMENTS
,,1--
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ALL S TAR'.
FINANCIAL GROUP
Discover the Difference.
February 4, 2008
City of Clearwater
100 South Myrtle Ave 3rd Floor
Clearwater, FL 33758
Contractor:
Project:
Bond No.:
Amount:
Southwest Contracting, Inc.
2007 Sidewalk Project (07 -0023-EN)
0003800
$189,430.45
To Whom It May Concern:
We have executed the enclosed bonds on behalf of the above captioned contractor in favor of City of
Clearwater. Please note that we have not dated the bonds or the Powers of Attorney. The copy of the
contract we received was not dated and as the bonds follow the contract they should not be dated prior to
the contract.
Please accept this letter as authorization to date the enclosed Performance bond(s), Payment bond(s),
and the attached Power of Attorney for the captioned project. Please date these items concurrently with
the contract date and fax a copy to our office at 813-238-0135 or toll free at 866-931-0236 so that we
can activate the bond coverage.
Please do not hesitate to contact our office should you have any questions in this regard. Thank you.
rance Company
SURETY' FIDELITY' INSURANCE
AllstarFinancialGrollp.com
POBox 15029 . Tampa' Florida' 33684
105 E Giddens Ave #8, . Tampa' Florida' 33603
T 813.238.0136 . Toll Free 866.931.0136
F 813.238.0135 . Toll Free 866.931.0236
PUBLIC CONSTRUCTION BOND
Florida Statutes 255.05
Bond #:
0003800
Contract #:
07-0023-EN
Contractor:
Southwest Contracting, Inc.
14159 Black Lake Rd, Odessa, FL 33556
(813) 792-0180
Surety:
Companion Property and Casualty Insurance Company
1301 Hightower Trail #210 Atlanta, GA 30350
(800) 424-0132
Owner:
City of Clearwater
100 S Myrtle Ave 3rd Floor Clearwater, FL 33758
(727) 562-4634
Obligee:
Same as above
Contract Amount:
$189,430.45
$189,430.45
Bond Amount:
Project Name:
2007 Sidewalk Project (07-0023-EN)
Project Scope:
Placement of new sidewalk in various locations throughout the City
of Clearwater
Location:
Clearwater, FL 33756
Legal Description:
Clearwater, FL 33756
The attached bond has been furnished to comply with the requirements of Florida Statutes 255.05. This
bond is hereby amended such that all provisions and limitations, including conditions, notice and time
limitations of Florida Statutes 255.05 are incorporated herein by reference. Any provision of this bond
which conflicts with or purports to grant broader coverage or more expanded coverage in excess of
the minimum requirements of the applicable statute shall be deemed deleted herefrom. This bond is a
statutory bond, not a common law bond.
This "facer" page shall be considered the first page of the performance and payment bond regardless
of preprinted numbers on other pages that may appear.
For Bond Inauiries, olease contact:
Florida Surety Bonds, Inc
620 N Wymore Rd Suite 200 Maitland, FL 32751
(888) 786-2663
(888) 718-2663
BOND NUMBER; 0003800
CONTRACT BOND
STATE OF FLORIDA
COUNTY OF P ABeo
KNOW ALL MEN BY THESE PRESENTS: That we, SOUTHWEST CONTRACTING, INC.
Contractor and COMPANION PROPERTY AND CASUALTY INSURANCE COMP^NY
(Surety) whose home address is, 1~01 Hightower Trail #210 Atlanta, _G,A. :l0~50(800) 124-0132
HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater,
Florida (hereinafter called the "Owner") in the penal sum of: ONE HUNDRED AND EIGHTY-
NINE THOUSAND FOUR HUNDRED THIRTY DOLLARS AND FORTY-FIVE CENTS
($189,430.45) fOT the payment of which we bind ourselves, our heirs, executors, administrators,
success3:fid assigns for the faithful performance of a certain written contract, dated the /l~-,-
day of ~ ,2008, entered into between the Contractor and the City of Clearwater
for:
2007 SIDEWALK PROJECT (07-0023-EN)
a copy of which said contract is incorporated herein by 'reference and is made a part hereof as if fully
copied herein.
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
Contractor shall in all respects comply with the terms and conditions of said contract, including the
one-year guarantee of material and labor, and his obligations thereunder, including the contract
documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Ponn of
Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the
Plans and Specit1cations therein referred to and made a part thereof, and such alterations as may be
made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless
the said Owner against and from all cost.s, expenses, damages, injury or conduct, want of care or
skill, negligence or default, including patent infringements on the part of the said Contractor agents
or employees, in the execution or performance of said contract, including errors in the plans
furnished by the Contractor. and further, if such "Contractor" or "Contractors" shall promptly make
payments to all persons supplying him, them or it, labor, material, and supplies used directly or
indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of
the work provided t'Or in said Contract, this obligation shall be void, otherwise, the Contractor and
Surety jointly and severally agree to pay to the Owner any difference between the sum to which the
said Contractor would be entitled on the completion of the Contract, and that which the Owner may
be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct Or
indirect, Or consequential, which said Owner may sustain on account of such work, or on account of
the failure of the said Contractor to properly and in all things, keep and execute all the provisions of
:;aid contract.
P~lg~ I
BOND NUMBER: Q003800
CONTRACT BOND
(2)
And the said Contractor and Surety hereby further bind themselves, their successors, executors,
administrators, and assigns, jointly and severally, that they will amply and fully protect the said
Owner against, and will pay any and an amounts, damages, costs and judgments which may be
recovered against or which the Owner may be called upon to pay to any person or corporation by
reason of any damages arising from the perfonnance of said work, or of the repair or maintenance
thereof: or the manner of doing the same or the neglect of the said Contractor or his agents Or
servants or the improper performance of the said work by the Contractor or his agents or servants, Or
the infringements of any patent rights by reason of the use of any material fumished or WOJ:k done; as
aforesaid, or otherwise.
And the said Contractor and Surety hereby further bind themselves, their successors, heirs,
executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the
Owner may be compelled to pay because of any lien for labor material furnished for the work,
embraced by said Contract.
And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of
time, alteration Or addi tion to the terms of the contract or to the work to be performed thereunder or
the specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the contract Or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals ofthe parties hereto this
day of . 200B-.
SOUTHWEST CONTRACTING, INC.
~
ll~. ~
Companion Property and Casulaty Insurance Company
WITNESS:
~y-
p</ - /.-
. rcJ ~-----
;{OUNTERSIGNED:
B
N/A
General Rider "A" To be attached to and form a part of the bond No. 0003800
p;\,gc 1
General Rider" A"
TO BE ATTACHED TO AND FORM A PART OF THE BOND 0003800 dated
issued by Companion Property and Casualty Insurance
Company as Surety, in the amount of One Hundred Eighty Nine Thousand Four
Hundred Thirty Dollars and Forty Five Cents ($189.430.45) on behalf of Southwest
Contractina. Inc., as Principal and in favor of City of Clearwater, as Obligee for 2007
Sidewalk Proiect (07-0023-EN).
NOW, THEREFORE, it is agreed that:
Notwithstanding any language to the contrary in this bond, the related contract documents
or referenced statutes, increases in the contract amount and/or any increases in the penal
sum, herein, shall be limited to 15% of the initial contract price, both singly and in the
aggregate, without the express written consent of surety. And, any refusal by surety to
provide such consent shall not be considered as a default by surety or principal in the
bonds or the contract.
This bond shall only be responsible for a 1 year warranty for defective materials
and workmanship. Any extended or expanded warranties are solely a matter
between the principal and obligee.
The time and notice provisions and limitations of Florida Statutes 255.05 are
incorporated herein by reference.
IT IS FURTHER UNDERSTOOD AND AGREED that all other terms and conditions
of this bond shall remain unchanged.
Signed, sealed, and dated this
AttestIWitness
~
Southwest C ntracting, Inc.
By:
~mk~~,rc'
I ~
IMPORTANT CONTACT
INFORMATION
Anv CLAIMS notices or inquiries should be directed to:
Companion Property & Casualty Insurance Company
c/o Allstar Financial Group, Inc.
1301 Hightower Trail #210
Atlanta GA 30350
Phone: 800-424-0132
Fax: 404-892-0186
Anv BOND inquiries should be directed to:
Companion Property & Casualty Insurance Company
c/o Allstar Financial Group, Inc.
105 E Giddens Ave #8
Tampa FL 33603
Phone: 813-238-0136 or Toll Free 866-931-0136
Fax: 813-238-0135 or Toll Free 866-931-0236
COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY
P. O. Box 100165 (29202)
51 Clemson Road
Columbia, SC 29229
Southwest Contracting, Inc.
Bond # 0003800 $189,430.45-------
GENERAL POWER OF ATTORNEY
Know all men by these Presents, that the COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY had made,
Constituted and appointed, and by these presents does make, Constitute and appoint David R. Brett of Columbia, South
Carolina; Katherine S. Grimsley of Tampa, Florida; or Donald H. Gibbs of Atlanta, Georgia, EACH as its true and lawful attorney
for it and its name, place and stead to execute on behalf of the said company, as surety, bonds, undertakings and contracts of
suretyship to be given to all obligees provided that no bond or undertaking or contract of suretyship executed under this authority
shall exceed in amount of the sum of $1,000,000 (One Million dollars) induding but not limited to consents of surety for the
release of retained percentages and I or final estimates on construction contracts or similar authority requested by the
Department of Transportation, State of Florida and the execution of such undertakings, bonds, recognizances and other surety
obligations, in pursuance of the presents, shall be binding upon the Company as if they had been duly signed by the president
and attested by any officer of the Company in their own proper persons.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution
adopted pursuant to due authorization by the Executive Committee of the Board of Directors of the COMPANION PROPERTY
AND CASUALTY INSURANCE COMPANY on the 24th day of December 2003.
RESOLVED, that the Chairman, President or any Vice President of the Company be, and that each or any of them hereby is,
authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of
the COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY bonds, undertakings and all contracts of suretyship;
and that any Officer, Secretary or any Assistant Secretary be, and that each or any of them hereby is, authorized to attest the
execution of any such Power of Attorney, and to attach thereto the $eal of the Company.
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of
Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile
signatures or facsimile s~al shall be valid and binding upon the Company when so affixed and in the future, with respect to any
bond undertaking or contract of suretyship to which it is attached.
In Witness Whereof, the COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY has caused its official seal to be
hereto affixed, and these presents to be signed by its President and attested by its Vice President this lOtlxfay oflugust 2006.
Attest:
A D CASUAL TV INSURANCE..99 C MPANY
(lid /! >Z&L~~
Charles M. Potok, President Curtis C. Stewart, Vice President & CFO
STATE OF SOUTH CAROLINA
COUNTY OF RICHLAND A
On this l()~ day of l1\J~v':i"\ . .ZiJol , before me personally came the above named offi~ft)'rW'R~
who being by me duly sworn, did depose and say that they reside in Columbia, in the County of Richl~, ~ft,~allll
Columbia; that they are the President and Vice President & CFO of COMPANION PROPERTY AND C~Ik~<<j~R ~ ~I'
COMPA!'lY, the corporation described in. a~d which ,:xecuted the above instrum.ent; that they kn~ ~ .treal ~f the sa ~ "~
corporation; that the seal affixed to the said Instrument IS such corporate seal; that It was so affixed ~d that thw liIJP:led lhetr'. '2 ~
names ereto p uant to due authorization. ~ ~ f ,. 'V" '4ftJ)- .~. (.... ~
Notary Public, State of SC, Qualified in Richland County Commission ExPi~S~r ~ ~/~r }:',~
1- '.' 8L ,~: crt:
STATE OF SOUTH CAROLINA -;.'" () ... /.;$ ..::
COUNTY OF RICHLAND ~t: ;:1 ..... .,... ~ ..~
I, the u~dersigned, an Officer of COMPANION PROPERTY AND CASUALTY INSURANCE COMPANVoi~c~~~,,''''
Corporation, DO HEREBY CERTIFY that th~ foregoing and ~ttached P?wer of Attorney remai~s in full forc;:e ~~?ljPffi~
revoked; and, furthermore, that the Resolution of the Executive Committee of the Board of Directors set forth in'Mal-power of
Attorney is now in force.
By:
Signed and sealed at the City of Columbia, Dated the _day of ,2008 ,
a/~I r? ~;/~ff
Curtis C. Stewart, Vice President & CFO
Number 7339
Revised: 8/10/2006
.
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BOND NUMBER:
CONTRACT BOND
STATE OF FLORIDA
COUNTY OF PASCO
KNOW ALL MEN BY THESE PRESENTS: That we, SOUTHWEST CONTRACTING, INC.
Contractor and COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY
(Surety) whose home address is 51 CLEMSON ROAD, COLUMBIA, SOUTH CAROLINA
29229
HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater,
Florida (hereinafter called the "Owner") in the penal sum of: ONE HUNDRED AND EIGHTY-
NINE THOUSAND FOUR HUNDRED THIRTY DOLLARS AND FORTY-FIVE CENTS
($189.430.45) for the payment of which we bind ourselves, our heirs, executors, administrators,
successors, and assigns for the faithful perfonnance of a certain written contract, dated the ~-l
day of , 2008, entered into between the Contractor and the City of Clearwater
for:
2007 SIDEWALK PROJECT (07-0023-EN)
a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully
copied herein. .
NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
Contractor shall in all respects comply with the tenns and conditions of said contract, including the
(mc-year guarantee of material and labor, and his obligations thereunder, including the contract
documents (which include the Advertisement for Bids, Fonn of Proposal, Fonn of Contract, Fonn of
Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the
Plans and Specifications therein referred to and made a pati thereof, and such alterations as may be
made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless
the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or
skill, negligence or dehmlt, including patent inti-ingements on the part of the said Contractor agents
or employees, in the execution or perfonnance of said contract, including errors in the plans
furnished by the Contractor, and further, if such "Contractor" or "ContrGctors" sllLlll promptly l1lGkc
payments to all persons supplying him, them or it, labor, material, Gnd 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 ditTerence 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 conscquential, which said Owncr may sustain on account of such work, or on account of
the failure of the said Contractor to properly and in all things, keep and execute all the provisions of
said contract.
P~lgt: I
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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 corporation by
reason of any damages arising from the perfom1ance of said work, or of the repair or maintenance
thereot~ or the manner of doing the same or the neglect of the said Contractor or his agents or
servants or the improper pertonnance of the said work by the Contractor or his agents or servants, or
the infringements of any patent rights by reason of the use of any matelial furnished or work done; as
aforesaid, or otherwise.
And the said Contractor and Surety hereby further bind themselves, their successors, heirs,
executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the
Owner may be compelled to pay because of any lien for labor material 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 terms of the contract or to the work to be performed thereunder or
the specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this
day of , 2008.
SOUTHWEST CONTRACTING, INC.
CONTRACTOR
By:
ATTEST:
SURETY
WITNESS:
By:
ATTORNEY-IN-FACT
COUNTERSIGNED:
Pag~ 2
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CONTRACT
This CONTRACT made and entered into this L day of .{ , 2008 by and between the
City of Clearwater, Florida, a municipal corporation, hereinafter dec. gnated as the "City", and
SOUTHWEST CONTRACTING. INC. of the City of ODESSA, County of PASCO 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 perform all labor, fumish all materials, tools and equipment for the
following:
2007 SIDEWALK PROJECT (07-0023-EN) FOR THE SUM OF ONE HUNDRED AND
EIGHTY-NINE THOUSAND FOUR HUNDRED THIRTY DOLLARS AND FORTY-FIVE
CENTS ($189.430.45)
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 perfonned 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 hlil to comply with any of the tenns, conditions, provisions or stipulations as
contained herein within the time specified for completion of the work to be performed by the
Contractor, then the City, may at its option, avail itself of any or all n.:medies provided on its behalf
and shall have the right to proceed to complete such work as Contractor is obligated to perfonn 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 \VHICH 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.
r:lgc 3
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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
By4l~~ ~. ~-n
William B. Home, II
City Manager
Attest:
Countersigned:
B~ -3~tI#~1
~ Hibbard,
Mayor -Counci Imem ber
Camilo Soto
Assistant City Attorney
(The person signll1g 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, hy Affidavit, show
his authority to hind the COlvoration).
SOLL,", uJ~ tollt(llc:n{YJ J1t~
(Contractor) 7
B~~
.{1" # u\ at I Pres.
Page 5
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CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT
(CORPORATION FORM)
STATE OF FLORIDA
COUNTY OF PASCO
On this day personally appeared before me,
administer oaths and take acknowledgments,
deposes and says:
the undersigned authority, duly authorized to
, who after being duly sworn,
That he is the (TITLE) of SOUTHWEST
CONTRACTING, INC. a Florida Corporation, with its principal place of business located at 14159
BLACK LAKE ROAD, ODESSA, FLORIDA 33556 (herein, the "Contractor").
That the Contractor was the general contractor under a contract executed on the
, 2008, with the CITY OF CLEARWATER, FLORIDA,
corporation, as Owner, and that the Contractor was to perform the construction of:
day of
a municipal
2007 SIDEWALK PROJECT (07-0023-EN)
That said work has now been completed and the Contractor has paid and discharged all sub-contractors,
laborers and material men in connection with said work and there are no liens outstanding of any nature
nor any debts or obligations that might become a lien or encumbrance in connection with said work
against the desclibed property.
That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes,
and upon consideration ofthe payment of (Final Full Amount of Contract) in
full satisfaction and discharge of said contract.
That the Owner is hereby released from any claim which might mise out of said Contract.
The word "liens" as used in this aftidavit shall mean any and all mising under the operation of
the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes.
Sworn and subsclibed to bd<Jre me
SOUTHWEST CONTRACTING, INC.
AFFIANT
This _ day of
, 2008.
BY:
NOTARY PUBLIC
My Commission Expires:
PRESIDENT
Pdge (l
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PROPOSAL BOND
(Not to be filled out if a certified chock is submitted)
KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned,
Southwest Contracting, Inc. as Principa,l, and Companion Property and Casualty
Insurance Company as Surety, are held and firmly bound unto the City of Clearwater,
Florida, in the swn of ten percent of amount bid penal sum not to exceed $40,000.00-- Dollars (~O% amt bid NTE $4?,OOOOO)
(being a m;nimnm of 10% of ContIactor's total bid 8JnOUIlt) for the payment ofwbieh. well and truly to
be made, we hereby jointly and severally bind ounelves. our heirs, executors. administrators,
successors and assigns,
The condition afthe above obligation is such that if the attached Proposal. of Southwest Contracting, Inc.
as Principal. and ~Companion Property and Casualty Insurance Company as
Surety, for work Specified as: Bid No. 07-0023 - EN, 2007 Sidewalk Project
Various Locations, City of Clearwater.
all as stipulated in said Proposal.. by doing all work incidental theIeto. in accordance with the plans and
specifications provided herefor. all within PincUas County, is accepted and the contract awarded to the
above nsmcd bidder, and the said bidder shall within ten days after notice of said award enter into a
contract, in wri1in& and furnish the required Performance Bond with surety or Sureties to be approved
by tho City Manager, this obligation shall be void. othorwisc the same shall be in full fureo 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 18th day of December
.;'.007 .
(Principal must indicate whether
cozporation. partnership, COIDpany
or individual)
Corporation
The person signing sball, in. his own
handwriting. Sign the Principal's
n.am~ his own name and his title;
the person signing for a corpomtion
must, by affidavit, show his authority
to bind the cozporation.
Southwest Contracting, Inc.
Principal
By~~~
Scc:tiooV.2007 SIDEW ALK.doc
Page 7
J)~...""'. ~11\It,.,,,^'J
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IMPORTANT CONTACT
INFORMATION
Anv CLAIMS notices or inquiries should be directed to:
Companion Property & Casualty Insurance Company
c/o Allstar Financial Group, Inc.
1301 Hightower Trail #210
Atlanta GA 30350
Phone: 800-424-0132
Fax: 404-892-0186
Anv BOND inquiries should be directed to:
Companion Property & Casualty Insurance Company
c/o Allstar Financial Group, Inc.
105 E Giddens Ave #8
Tampa FL 33603
Phone: 813-238-0136 or Toll Free 866-931-0136
Fax: 813-238-0135 or Toll Free 866-931-0236
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COMPANION PROPERTY AND CASUAL TV INSURANCE COMPANY
P. O. Box 100165 (29202)
51 Clemson Road
Columbia, SC 29229
Southwest Contracting, Inc.
Bid Bond NTE$40,000.OO-----------
GENERAL POWER OF ATTORNEY
Know all men by these Presents, that the COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY had made,
Constituted and appointed, and by these presents does make, Constitute and appoint David R. Brett of Columbia. South
Carolina; Katherine S. Grimsley of Tampa, Florida; or Donald H. Gibbs of Atlanta, Georgia, EACH as its true and lawful attorney
for it and its name, place and stead to execute on behalf of the said company, as surety, bonds, undertakings and contracts of
suretyship to be given to aU obligees provided that no bond or undertaking or contract of suretyship executed under this authority
shall exceed in amount of the sum of $1,000,000 (One Million dollars) including but not limited to consents of surety for the
release of retained percentages and I or final estimates on construction contracts or similar authority reque$ted by the
Department of Transportation, State of Florida and the execution of such undertakings, bonds, recognizances and other surety
obligations, in pursuance of the presents, shall be binding upon the Company as if they had been duly signed by the president
and attested by any officer of the Company in their own proper persons.
This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution
adopted pursuant to due authorization by the Executive Committee of the Board of Directors of the COMPANION PROPERTY
AND CASUALTY INSURANCE COMPANY on the 24th day of December 2003.
RESOLVED, that the Chairman, President or any Vice President of the Company be, and that each or any of them hereby is,
authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attomey to execute in behalf of
the COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY bonds, undertakings and all contracts of suretyship;
and that any Officer, Secretary or any Assistant Secretary be, and that each or any of them hereby is, authorized to attest the
execution of any such Power of Attorney, and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of
Attorney or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future, with respect to any
bond undertaking or contract of suretyship to which it is attached.
In Witness Whereof, the COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY has caused its official seal to be
hereto affixed, and these presents to be signed by its President and attested by its Vice President this lOtlxiay of~ 2006.
Attest:
A 0 CASUAL TV INSURANCE 59MPANY
(/;4, /! ~~~~
Curtis C. Stewart, Vice President & CFO
By:
STATE OF SOUTH CAROLINA
COUNTY OF RICHLAND
On this ,()~ day of Au4 vY\ , 7.(J\:) l , before me personally came the above named offi~ ~ \W 'A~
who being by me duly sworn, did depose and say that they reside in Columbia, in the County of Richl~, '~.' e 8. ~alll'
Columbia; that they are the President and Vice President & CFO of COMPANION PROPERTY AND CA~~~j~R ~~,
COMPANY, the corporation described in and which executed the above instrument; that they kn~ ~. s-eal of the sa ~ "~
corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed aild tfiat'thN ~d their'. '2 ~
names ,ereto p uant to due authorization. ~ ~ :' '" 14Ji1L ~ ~ l
Notary Public, State ofSC, Qualified in Richland County Commission ExPi~S~i- ~ ;:/1-- r j;'1 ~
.. .. 8 r.. . ~ 'w
STATE OF SOUTH CAROLINA ~,.. 0"" 'iC ".~.:~..~
COUNTY OF RICHLAND +11 ~ ..... ...... ;;.' ...~
I, the u~dersigned, an Officer of COMPANION PROPERTY AND CASUALTY INSURANCE COMPANVoi~c~~~,,,'..
Corporation, DO HEREBY CERTIFY that th~ foregoing and ~ttached P?wer of Attomey remai!1sinfullforce~~~..Pf\\~
revoked; and, furthermore, that the Resolution of the Executive Committee of the Board of Directors set forth In'tnetPower of
Attomey is now in force.
Signed and sealed at the City of Columbia, Dated the 18th day of December ,2007 ,
L'1 ~.- ('? ~A - r.-+-
'/- .-1. . V~.J:/
CeTtis C. Stewart, Vice President & CFO
Revised: 8/10/2006
Number 7732
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AFFIDA VIT
(To be filled in and executed if the bidder is a corporation)
MA TT FULFORD being duly sworn, deposes and says that he/she is
Secretary of SOUTHWEST CONTRACTING INC
a corporation organized and existing under and by virtue of the laws of the State of Florida, and having
its principal office at:
14159 BLACK LAKE RD
Street & Number
STATE OF FLORIDA
COUNTY OF PAscm.
)
)
ODESSA
City
PASCO
County
FL
State
Affiant further says that he is familiar with the records, minute books and by-laws of
SOUTHWEST CONTRACTING INC
(Name of Corporation)
Affiant further says that MATT FULFORD IS PRESIDENT
(Officer's Name) (Title)
of the corporation, is duly authorized to sign the Proposal for 2007 SIDEWALK PROJECT
for said corporation by virtue of PROVISION OF BYLAWS
(state whether a provision of by laws or a Resolution of the Board of
Directors. Ifby Resolution give date of adoption).
~~~
MATT FULF D-PRESIDENT
Sworn to before me this 20
day of DECEMBER
"'~~;;.f:~!. Kevin T. Sockwell
!f:"J"tb,"'ff: Commission.# 00419992
;'i'~/~: Expires Apnl 18, 2009
.....,~.OF.f.\9~'.:-Bond3d Troy Fai" -Insurance, Inc. 600-365-7019
I"fl\\'
SectionV.2007 SIDEWALK. doc
Page 8
, 2007
~~
Type/print/stamp name of Notary
Title or rank, and Serial No., if any
Revised: 5/09/2007
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NON-COLLUSION AFFIDA VIT
STATE OF FLORIDA
)
COUNTY OF PASCO
)
MA TT FULFOROi
being, first duly sworn, deposes and says that he is
PRESIDENT
of SOUTHWEST CONTRACTING INC
the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that
said bidder is not financially interested in or otherwise affiliated in a business way with any other
bidder on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly
or indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain
from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or
communication or conference, with any person, to fix the bid price or affiant or any other bidder, or to
fix any overhead, profit or co~t 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.
~f-
MATT FULF RD-PRESIDENT
Sworn to and subscribed before me this ~ day of
DECEMBER ,2007
~~
",&:~'-l.f.~~. Kevin~. Sockwell
:.,'f~."(c::. CommiSSion # 00419992
~;i<.;~~iE Expires April 18, 2009
"F,R\r~\\"'''' 60ridecJ Troy Fain .Inwtance, Inc. 600.385-7019
SectionV.2007 SIDEWALK. doc
Page 9
Revised: 5/09/2007
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PROPOSAL
(1)
TO THE CITY OF CLEARWATER, FLORIDA, for
~OUTHWEST CONTRACTING INC
14159 BLACK LAKE RD
ODESSA FL 33556
and doing such other work incidental thereto, all in accordance with the contract documents, marked
2007 SIDEWALK PROJECT #07-0023-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.2007 SIDEWALK.doc
Page 10
Revised: 5/09/2007
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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 Qr certified check on
Bank, for the sum of \ 0 10
($
)
(being a minimum of 10% of Contractor's total bid amount).
The full names and residences of all persons and parties interested in the foregoing bid are as follows:
(If corporation, give the names and addresses of the President and Secretary. If 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 of the contract to the bidder).
NAMES:
ADDRESSES:
MATT FULFOAO - PAES/SECY
14159 BLACK LAKE._ AD ODESSA FL 33556
SOUTHW
Signature of Bidder:
~F D-P
(The bidder must indicate whether Corporation, Partnership, Company or Indiv dual).
Section V.2007 SIDEW ALK.doc
Page I]
Revised: 6/18/2007
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PROPOSAL
(3)
The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title.
Where the person signing for a corporation is other than the President or Vice-President, he must" by
affidavit, show his authority, to bind the corporation.
.. S2.UTH~_T ~TR~CTING 1N97 /'
pnncIP~tD~r
BY:~~ &-- Title: PRESIDENT
M l' FUL OR
Business Address of Bidder: 14159 BLACK LAKE RO
City and State: ODESSA FL
Zip Code 33556
Dated at ODESSA FL
, this 20
day of DECEMBER
, A.D., 2007
SectionV.2007 SIDEW ALK.doc
Page 12
Revised: 6/ I 8/2007
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CITY OF CLEARWATER
ADDENDUM SHEET
PROJECT: 2007 SIDEWALK PROJECT #07-0023-EN
Acknowledgment is hereby made of the following addenda received since issuance of Plans and
Specifications.
Addendum No. 1 Date: 12-07-07
Addendum No. 2 Date: 12-07-07
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.2007 SIDEWALK. doc
Page 13
SOUTHWEST CONTRACTING INC
(Name of Bidder)
~~
~ wifiatur - ofOffie']
MATT U FORO-PRES I ENT
~RESIDENT
(Title of Officer)
DECEMBER 20, 2007
(Date)
Revised: 5/09/2007
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BIDDER'S PROPOSAL
PROJECT: 2007 SIDEWALK CONTRACT
BID ITEMS UNIT EST. UNIT TOTAL
QTY. PRICE
New Sidewalks
I Construct 4" concrete sidewalk (3,000 PSI w/Fiber Mesh S.F. 24,000 $ 3~ $ J44M~
Reinforcing)
2 Construct 6" concrete sidewalk (3,000 PSI w/Fiber Mesh Reinforcing S.F. 12,000 $ 3'l.? $ l.f'J4OOtS.
and 616 x 10/1 0 welded wire mesh)
3 Root Pruning LF. 600 $ 5~ $ 0000 ez,o
4 Install tactile warning surface (truncated domes) S.F. 450 $ ~Iq~ $ 1 B~??sp
5 Preparation, Installation and Maintenance of Project Signs. LS. I $ A'7DO(f $ 1 ?Ct/~.
Sub-Total, New Sidewalks $ I ' , I i3'7'7=e
6 10% CONTINGENCY LS. I $ $ 14/n~ry ~
Total New Sidewalks $ 1lol r,I5 ~
A.D.A Compliance
7 Remove and replace 4" concrete sidewalk (3,000 PSI w/Fiber Mesh S.F. 1,000 $ '10 $ L.f f OD 0..0
Reinforcin~) Lt-
g Remove and replace 6" concrete sidewalk (3,000 PSI w/Fiber Mesh S.F. 500 $ 3 '13 $ ~ -- dO
Reinforcing and 616 x 10/10 welded wire mesh) ](1'/~ -
9 Remove and replace 4" concrete sidewalk with shell aggregate S.F. ],000 $ 3~ $ 3loDO cB
(3,000 PSI w/Fiber Mesh Reinforcing) .
Remove and replace 6" concrete sidewalk with shell aggregate ~~ dO
10' (3,000 PSI w/FiIJer Mesh Reinforcing and 6/6 Xl 0110 welded wire S.F. 500 $ $
mesh) :2;215
11 Install tactile warning surface (truncated domes) S.F. 200 $ 41QS $ ~ 3q ()~
12 Preparation, Installation and Maintenance of Project Signs. LS. 1 $ 5542<<1- $ .C; S426.Y
Sub-total Remove/Replace Sidewalks for A.D.A. Compliance LS. I $ $ :JSB32"" j
13 10% Contingency LS. 1 $ $ ~ Sg~~ 7:P
Total Remove/Replace Sidewalks for A.D.A. Compliance $ ~Sll 15 ~
TOTAL CONSTRUCTION COST (ITEMS 1-13) $ \B9 . Ll.10 ~
.
C ~on)
Lake Rd-Odessa-FL-33556)
BIDDER'S TOTAL $ \ <act, '430 ,4S (Numbers:)
,
BIDDER'S TOTAL $ One \-\ur\dr-ed ~9hht Nine 1noo5And ~U.\':J11.>\'\dvecl
lh \Y"hj "to\\ars and Fort-\.{ -{=tlle Ce.vt~ ~ (Words)
THE BIDDER'S TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND
LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED. THIS FIGURE IS
FOR INFORMATION ONL Y 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.
14
2007 Sidewalk Contract
07-0034-EN
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DRUG FREE WORKPLACE CERTIFICATION
SOUTHWEST CONTRACTING INC., hereby certifires it does provide a drug-free workplace program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the Proposer's
workplace, and specifying the actions that will be taken against employees for violations of
such prohibition;
(2) Establishing a continuing drug-free awareness program to inform its employees about:
(i) The dangers of drug abuse in the workplace;
(ii) The Proposer's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and psychological service; and
(iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(3) Giving all employees engaged in performance of the contract a copy of the statement required
by subparagraph(1);
(4) Notifying all employees, in writing, of the statement required by subparagrah (1), that as a
condition of employment on a covered contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug
statute for a violation occurring in the workplace no later than 5 calendar days after
such conviction;
(5) Within 30 calendar days after receiving notice under subparagraph (4) of a conviction, taking
one or more of the following actions with respect to an employee who is convicted of a drug
abuse violation occurring in the workplace:
(i) Taking appropiate personnel action against such employee, up to and including
termination; and/or
(ii) Requiring such employee to satisfactorily participate in and complete a drug abuse
assistance or rehabilitation program approved for such purposes by a federal, state, or
local health, law enforcement, or other appropriate agency; and
(6) Making a good faith effort to maintain a drug-free workplace program through implementation
of subparagraphs (1) through (5).
SOUTHWEST CONTRACTING INC. by: ~~/JI~
Ma ulford, Presid nt
State of Florida:
County of Pasco;
The foregoing instrument was acknow dged before me this _20_ day of December, 2007, by Matt
F. ord a r . en ou Contracting Inc., who is known to be the person described herein.
My Commission Expires:
"''''1 K . T S
,'~~f,1.!:~,;:,_ evlO. ockwell
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~~{ r~~ .;~.~::on:mif;sion # 00419992
";._;;;;if,?:I~:i.~' expIres April 18 2009
.Ii ~ ;~~ t.\~~... ~ Ot}r.~r>d 'troy FlIin . In~J.ltafl(';", Inc. I 800-:385-7019
ADDENDUM NO.1
for
2007 SIDEWALK PROJECT
07-0023-EN
DATE: December 7,2007
SUBJECT: Addendum No.1
TO: Prospective Bidders and Others Concerned
Bidders on the above project are hereby notified that the following two Addenda are
made to the Contract Documents:
1. Section IV, Technical Specifications, page 4, Ramps/Tactile Walking Surfaces, is
amended to add the following sentence:
Where the Contractor chooses a vendor that provides both cast in place and surface
mount tactile surfaces the Contractor shall use the cast in place and not the surface
mounted material unless the tactile surface is to be installed on top of an existing
sidewalk ramp.
2. Section IV-A, Supplemental Information, page 17, Qualified Products List -
Detectible Warnings on Walking Surfaces, is amended to include an additional
manufacturer:
Product I.D.
Manufacturer
Cast in Place and/or Modular Paver
Surface Applied
Engineered Plastics, Inc.
300 International Drive, Suite 100
Williamsville, NY 14221
www.armor-tile.com
1-800-682-2525
END OF ADDENDUM #1
THE CITY OF CLEARWATER
PINELLAS COUNTY, FLORIDA
By: IslWilliam B. Horne, II
City Manager
ADDENDUM NO.2
for
2007 SIDEWALK PROJECT
07 -0023- EN
DATE: December 7, 2007
SUBJECT: Addendum No.2
TO: Prospective Bidders and Others Concerned
Bidders on the above project are hereby notified that the following two Addenda are
made to the Contract Documents:
1. Section IV-A Supplemental Technical Specifications, page one, 'Typical Sidewalk
Construction and Ramp Detail", (City Index 109) is amended to delete the works,
"Remove Back of Curb on State or Vertical Curb with a vertical saw cut or", allowing the
removal of the back of a State or vertical curb for the purpose of constructing a sidewalk
ramp. The curbing subject of the amended note shall be completely removed
prior to constructing a new sidewalk ramp.
2. Section IV-A Supplemental Technical Specifications, page 6. The New
Sidewalks table has been amended to delete new sidewalk on Brookside Drive,
Willowbranch Avenue and Magnolia Drive. The additional sidewalk area for Brookside
Drive of 7,150 sq. ft. is deleted and the total square footage for new sidewalk is reduced
to 27,400 sq. ft.
3. Section IV-A Supplemental Technical Specifications, New Sidewalk Locations
Map 3 of 4, related to Brookside Drive, Willowbranch Avenue and Magnolia Drive is
deleted.
END OF ADDENDUM #2
THE CITY OF CLEARWATER
PINELLAS COUNTY, FLORIDA
By: IslWilliam B. Horne, II
City Manager
C IT Y
OF
CLEARWATER
POST OFFICI Box 4748, CLEAHWATER, FLOHIIJA 33758-4748
MIINIClI'AL SEHVICES BIILDINC;, 100 SOlin I MYHTLE AVENI E, SI'ITE 220, CLEAH\XATEH, FLORIDA 33756
TELEI'IIONE (/27) 562-4750 FAX (/27) 562-475Received
E\CdNEEI\ING DEI'ARTMEI\T
FEB 052008
Jan~~ 1\1;!91l1@~8
Southwest Contracting, Inc.
Attention: Mr. Jack Fulford
14159 Black Lake Road
Odessa, Florida 33556
RE: 2007 SIDEWALK PROJECT (07-0023-EN)
Dear Mr. Fulford:
The contract for construction of the above project has been awarded to your
company.
Enclosed are four (4) contracts to be
to the OFFICE OF THE CITY ATTORNEY,
SOUTH OSCEOLA AVENUE, CLEARWATER, FL.,
executed by your company and returned
CITY HALL BUILDING, THIRD FLOOR, 112
within seven days.
Please complete the enclosed emergency call list and submittal authorization
signature sheet and return to the Project Engineer at the Pre-Construction
Conference.
Your applicable insurance certificate must accompany the executed contracts.
Please attach the insurance certificate to the inside front cover of each
contract document.
On Sheet 1 (Contract Bond) please be sure to insert Bond Number In space
indicated at top of sheet before returning.
4/~:Y
Glen L. Bahnick, Jr.
Assistant Director of Engineering/Production
/kb
Enclosure
cc: Gary Johnson, CGC, Public Services Director
Perry Lopez, Building Construction Manager
George McKibben, Purchasing Manager
Steve Doherty, Engineering Specialist I, Project Manager
Project File
@
"El)I\/. bll'l< 1):\11''\1 \\1) AFFII~\1.\II\I: ACII< 1\ E\ll'/.C ))TR"
EMERGENCY CALL LIST
TO: Engineering Department; Police Communications; Traffic; Fire
Department; Utilities Dispatch/Gas; Public Service/ Road &
Drainage; Public Utilities/Water; Public Utilities/Wastewater;
Assistant Public Services Director; Building Construction
Manager; Construction Inspector;
FROM: Engineering Department
PROJECT: 2007 Sidewalk Project (07-0023-EN)
LOCATION: Clearwater, Florida
The following Contractor has been awarded the above project by the City
Commission action dated: Thursdav. Januarv 17. 2008
PROJECT IS TO BEGIN:
ff.h~ \ 8, 'led?->
CONTRACTOR'S NAME AND ADDRESS:
NAME:
ADDRESS:
SOUTHWEST CONTRACTING INC.
14159 Black Lake Road
Odessa, Florida 33556
PHONE NO.:
(813) 792-0180
FAX: 813-792-0120
IN CASE OF EMERGENCY - PLEASE NOTIFY: (Please List 3)
NAME: ::JACK FULFORD
ADDRESS: 14159 Black Lake Rd
PHONE NO. : (813) 309-2885
NAME: BILL TAYLOR
ADDRESS: 14159 Black Lake Rd
PHONE NO. : (813) 309-0748
NAME: CLINT WILLIAMS
ADDRESS: 14159 Black Lake Rd
PHONE NO. : (813) 309-0725
Odessa FL 33556
Odessa FL 33556
Odessa FL 33556
EMERGENCY TRAFFIC MAINTENANCE PERSON
NAME:
PHONE NO.:
CLINT WILLIAMS
(813) 309-0725
NOTE: IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO NOTIFY THE
TRAFFIC ENGINEERING DEPARTMENT & THE CLEARWATER POLICE DEPARTMENT
WHEN WORK COMMENCES AND WHEN STREETS ARE TO BE CLOSED TO TRAFFIC.
TO:
City of Clearwater
ATTN: Public Works Construction
P.O. BOX 4748
Clearwater, Florida 33758-4748
The following personnel are authorized by me to slgn submittals for
2007 Sidewalk Project (07-0023-EN)
NAMES:
.JACK FULFORD
COMPANY NAME:
BY -: ~
Matt Fulford President
DATE: .January 29, 2008
Inc.
TITLE:
President
ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlOD1YYYY)
01/28/2008
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
WAUSAU SIGNATURE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
925 N POINT PKWY STE 300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
, A!"TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ALPHARETTA, GA 30005-0914
800241-4226 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Wausau Business Insurance Company 26069
SOUTHWEST CONTRACTING INC & INSURER 6: Employers Insurance Company of Wausa 21458
A SOUTHWEST CONCRETE INC INSURER C:
14159 BLACK LAKE ROAD INSURER D:
ODESSA, FL 33556 INSURER E:
Client#'86244
SOUTHCONT2
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 TYPE OF INSURANCE POLICY NUMBER p.?}.m9a'~R~\E Pg~fllt~~~N LIMITS
LTR NSR
A ~NERAL LIABILITY VYKY91445548027 04/30/07 04/30/08 EACH OCCURRENCE $1 000000
~ OMERCIALGENERAL L1A61L1TY I g~t~JO RENTE~ $300 000
- CLAIMS MADE [XI OCCUR MED EXP (Anyone person) $10000
PERSONAL & ADV INJURY $1.000 000
-
GENERAL AGGREGATE $2.000 000
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2.000 000
~ POLlcyh- ~~8T n LOC
A ~TOMOBILE LIABILITY ASKY91445548017 04/30/07 04/30/08 COMBINED SINGLE LIMIT
..!.. ANY AUTO (Ea accident) $1,000,000
- ALL OWNED AUTOS BODILY INJURY
(Per person) $
- SCHEDULED AUTOS
..!.. HIRED AUTOS BODILY INJURY
$
..!.. NON-OWNED AUTOS (Per accident)
I- PROPERTY DAMAGE $
(Per accident)
RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
B OESS/UMBRELLA LIABILITY THCY91445548037 04/30/07 04/30/08 EACH OCCURRENCE $6 000 000
OCCUR D CLAIMS MADE AGGREGATE $6 000 000
$
8 DEDUCTIBLE $
X RETENTION $10000 $
WORKERS COMPENSATION AND I WCSTATU-,I IOJ,tt-
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT
ANY PROPRIETOR/PARTNER/EXECUTIVE $
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
If yes, describe under E.L. DISEASE - POLICY LIMIT $
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
THE CERTIFICATE HOLDER IS LISTED AS AN ADDITIONAL INSURED WITH REGARDS TO THE GENERAL
LIABILITY COVERAGE.
RE: 2007 SIDEWALK PROJECT (07-0023-EN)
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITY OF CLEARWATER DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL -3Q.... DAYS WRmEN
PURCHASING DIVISIONS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
PO BOX 4748 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
CLEARWATER, Fl 33758-4748 REPRESENTATIVES.
AQ~RIZED REPRESENTATIVE
W~rT
ACORD 25 (2001/08) 1 of 2
#S492366/M457856
SSF
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDiTIONAL INSURED, 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 25-5 (2001/08) 2 of 2
#S492366/M457856
~
~ 1/29/2008 14:53
LION INSURANCE COMPANY
Lion Insurance Company-+Southwest Contracting. Inc.
1/2
Date
ACORD TM CERTIFICATE OF LIABILITY INSURANCE 1/29/2008
Producer: Lion Insurance Company . This Certificate Is Issued as a matter of Information only and confers no rights
2739 U.S. Highway 19 N. upon the Certificate Holder. This Certificate does notamend, extend or alter
Holiday, FL 34691 the coverage afforded by the policies below.
Phone: 727-938-5562 Fax: 727-937-2138
Insurers Affording Coverage NAIC #
Insured: South East Personnel Leasing, Inc. Insurer A: Lion Insurance Company 11075
2739 U.S. Highway 19 N. Insurer B:
Holiday, FL 34691 Insurer C:
Phone: (727)938-5562 Insurer D:
Insurer E:
Coverages
Tffi policies of insurance listed below have been issued to the insured named above for the policy period indicated Notwithstanding any require men!. term or condition of any contract or otffir document with respect to which
this certificale may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the'terms, exclusions, and condilions of such policies Aggregate limits shown may have been reduced by
paid claims
INSR ADDL Policy Number Policy Effective Policy Expiration Date Limits
LTR INSRD Type of Insurance Date
(MM/DDIYY) (MM/DDIYY)
GENERAL LIABILITY Each Occurrence $
-
- Commercial General Liability Damage to rented premises (EA
:J Claims Made 0 Occur occurrence) $
-
- Med Exp $
- Personal Adv Injury $
General aggregate limit applies per: $
t::J Policy o Project 0 General Aggregate
LOC
Producls - Comp/Op Agg $
IAUTOMOBILE LIABILITY Combined Single limit
f- (EA Accidenl) $
Any Auto
f- Bodily Injury
All Owned AulDS
- (Per Person) $
Scheduled AUlDS
- Hired Aulos Bodily Injury
- (Per Accident) $
Non-Owned AUIOS
- Property Damage
(Per Accidenl) $
GARAGE LIABILITY Auto Only - Ea Accident $
=J Any AulO Other Than EA Ace $
AUIOS Only AGG. $
EXCESS/UMBRELLA LIABILITY Each Occurrence
- Occur D Claims Made Aggregate
- Deductible
-
Retention
-
A Workers Compensation and X I WC Statu- I 10TH-
WC 71949 01/0112008 01/0112009 tory Limits ER
Employers' LIability
Any proprietor/partner/executive officer/member E.L. Each Accident $1000000
excluded? E.L. Disease - Ea Employee $1000000
If Yes, describe under special provisions below.
E.L. Disease - Policy Limits $1000000
Olhe 19-21-010
Southwest Contracting, Inc. COVERAGE APPLIES ONLY TO THOSE EMPLOYEES LEASED, NOT TO SUBCONTRACTORS.
Descriplions of Operalions/LocalionsNehlcles/Exclusions added by Endorsement/Special Provisions: lIDO ON DAlE: 5/22/2000
COVERAGE APPLIES ONLY IN THE STATE OF FLORIDA TO THOSE EMPLOYEES LEASED TO BUT NOT SUBCONTRACTORS OF Southwest Contracting, Inc. .
REFERENCE JOBSITE: 2007 SIDEWALK PROJECT (07-0023-EN) CLEARWATER, FL . FAX: 813-792-0120 /ISSUE 01-29-08 (NM)
Lion Insurance Company is A.M. Best Company rated A- (Excellent). AMB # 12616
CERTIFICATE HOLDER CANCELLATION
CITY OF CLEARWATER Should any 01 the above described policies be cancelled belore the expiration date thereof. the iSSUing insurer will
PURCHASING DIVISION endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no
obligation or liability of any kind upon the insurer, its agents or representatives.
PO BOX 4748 fl-4 ,,/~
CLEARWATER FL 33758-4748
ACORD 25 (1001108)
ACORD CORPORATION 1988