REFURBISHMENT OF PEDESTRIAN BRIDGE UNDER FDOT BRIDGE #150043 (07-0027-EN)
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CONTRACT DOCUMENTS
AND
TECHNICAL SPECIFICATIONS
REFURBISHMENT
OF PEDESTRIAN BRIDGE UNDER
FDOT BRIDGE #150043
(07-0024-EN)
PREPARED BY
t Clearwater
u
ISSUED FOR BID
FEBRUARY/2008
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ADDENDUM NO. 1
FOR
REFURBISHMENT OF PEDESTRIAN BRIDGE UNDER FOOT BRIDGE #150043
CONTRACT NO. 07-0024-EN
CLEARWATER, FLORIDA
DATE: April 1, 2008
SUBJECT: Addendum No. 1 to Plans and Specifications for
REFURBISHMENT OF PEDESTRIAN BRIDGE UNDER FOOT BRIDGE #150043
CONTRACT NO. 07-0024-EN
CLEARWATER, FLORIDA
THIS ADDENDUM IS A FOLLOW UP TO THE MANDATORY PRE-BID CONFERENCE
HELD ON March 24, 2008, and covers Contractor questions through
March 31, 2008.
~: ALL CONTRACTORS AND SUB-CONTRACTORS THAT ARE LICENSED FOR
BUSINESS IN THE STATE OF FLORIDA, PINELLAS COUNTY AND THE CITY OF
CLEARWATER, SHALL PROVIDE DOCUMENTATION TO THE KTA-TATOR, INC.
PROVING THEIR QUALIFICATIONS AND MINIMUM CERTIFICATION TO PERFORM
JOBS AS PER SSPC-QP1 REQUIREMENTS. FURTHERMORE, ONLY CONTRACTORS
AND SUB-CONTRACTORS QUALIFIED AND CERTIFIED AS REQUIRED ABOVE, WITH
PREVIOUS AND SIMILAR JOB EXPERIENCE IN REFURBISHMENT OF BRIDGES OVER
FLORIDA OUTSTANDING WATER, ARE AUTHORIZED TO BID ON THIS PROJECT.
TO: Prospective Bidders and Others Concerned
The Plans and Specifications for the subject project shall be
amended or clarified as follows:
1. Clarification: No work is to be performed on the pans beneath
the bridge.
2. Clarification: Construction duration for this contract is 42
ca2endar days. Please see Section IV, Scope of Work, page 10, item
39.8, and page 2a.
3. Clarification: All 32 2ight fixtures that are interfering with
the proper surface preparation and painting of the structural
steel, shall be removed and reinstalled by the Contractor after
completion of the work. The Contractor shall protect these items
as required in Section IV, Scope of Work, page Ie, item 7.9, which
includes: "Protection from damaae - The Contractor sha22 protect
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a~~ surfaces and working mechanisms not: int:ended t:o be coat:ed,
during surface preparat:ion. Do not: a~~ow mat:eria~ from c~eaning and
surface preparat:ion operat:ions t:o ent:er or damage mechanica~ or
e~ect:rica~ equipment: or be dispersed out:side t:he work sit:e", and
page 1j, item 21.1: "The Cont:ractor sha~~ ~ocate a~~ existing
e~ectrica~ insta~~ations and structures, especia~~y unde~ass'
~ighting system. The Contractor sha~~ contact City of C~earwater if
necessazy". The City is required to de-energize and isolate any
electrical circuits associated with lights or power transmission.
This work is incidenta~ in its entirety to the contract pricing.
4. Clarification: Due to the nature of the work on the bridge,
both north and south approaches and fishing piers will be closed
for the duration of the project. This is to ensure the safety of
the general public, and prevent intrusions into the Contractor's
work area.
5. Clarification: The City will provide a staging area at the pre-
construction conference. The area will be sufficient for the
Contractor's needs once its work plan is submitted. The Contractor
shall be responsible for the security of its equipment. The
Contractor will supply sufficient signs or barricades to keep the
general public outside the work area.
6. Clarification: Si te inspection is mandatory. Please see
Section IV, Scope of Work, page lk, item 22.3 that includes: "On
Site Inspection The CEI Representative wi~~ monitor the
Contractor's on-site work and QC operations, inspect materia~s
entering the work area, and keep records of the Contractor's dai~y
operations and significant events during the entire work period.
Presence of CEI staff sha~~ not re~ieve the Contractor of fu~~
responsibi~i ty in any way, inc~uding si te safety. The CEI
Representative sha~~ have authority to stop work for reasons
re~a ted to qua~i ty contro~, and conformance to technica~
specifications, but not for safety vio~ations (wi~~ notify the
Contractor and the City if vio~ations are observed)".
7. Clarification: The minimum certification requirement of the
Contractors and Sub-contractors performing the work is SSPC QP-l.
Having the additional certification of SSPC QP-2 is not mandatory
but the successful bidder is fully responsible for compliance with
all aspects of the specifications and contract documents. A
measurable level of chromium was found in the coating samples
tested. The actual amount of lead and cadmium in the coating was
below the detection levels of these two metals but should not be
assumed to be zero. Bidders are advised that they are still
responsible to comply with OSHA regulations with respect to
protecting their employees from the project hazards and complying
with the Environmenta~ Protection Agency and F~orida Department of
Environmenta~ Protection requirements. Please see Section IV,
Scope of Work, page 19, item 13.12 as well.
The foregoing ADDENDUM NO. 1 shall be supplemental to the Plans and
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Specifications for the REFURBISHMENT OF PEDESTRIAN BRIDGE UNDER
FOOT BRIDGE #150043, CONTRACT NO. 07-0024-EN. Please call Mr.
Chris Focsan at 727-562-4758 or Mr. Greg Richards at 727-453-9007,
if you have any questions.
THE CITY OF CLEARWATER
PINELLAS COUNTY, FLORIDA
Bv: Is/William B. Horne. II
City Manager
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I SECTION I
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I ADVERTISEMENT
I OF
I BID
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ADVERTISEMENT OF BIDS & NOTICE TO CONTRACTORS
"REFURBISHMENT OF PEDESTRIAN BRIDGE UNDER FDOT BRIDGE #43"
PROJECT NUMBER: 07-0024-EN
CLEARWATER, FLORIDA
Copies of the Contract Documents and Drawings for this project are available for inspection and/or purchase by
prospective bidders at the Municipal Services Bldg., Engineering Department Room #220, 2nd Floor, 100 So.
Myrtle Ave., Clearwater, Florida, between the hours of 8:30 a.m. and 4:30 p.m. Monday thru Friday, on
MONDA V, Fehrnary 25, 200R, until no later than close of business three days preceding the bid opening. A
charge of $45.00 (cost of package), none of which will be refunded, will be made for each set.
The work for which proposals are invited, consists of full removal & replacement of the existing paint coating
system on the steel superstructure of the Mandalay Channel pedestrianlbicycle underpass. The underpass is
located under the S.R. 60/Memorial Causeway Blvd. FDOT vehicular bridge #43, north of the existing City fishing
pier at Clearwater Beach, Florida. The painted steel bridge is a three (3) span structure, supported by concrete pile
caps, with pre-cast piles. The total length of the bridge is::l: 146 feet with a concrete walkway deck of 10 feet wide,
and a main span that measures::l: 85 feet. This bridge spans a Florida outstanding water, and as such, all cleaning
and coating debris must be contained.
A mandatory pre-bid conference has been scheduled for all prospective bidders for Monday, March 24,
2JlJlR, at 10:00 a.m. at the Municipal Services Bldg., 100 S. Myrtle Ave., 1st Floor, Human Resources
Training Room #130, Clearwater, FL. Representatives ofthe Owner will be present to discuss the project.
Sealed proposals will be received by the Pllrch~~ine M~n~ger, ~t the PlIrch~~ine Office, loc~tecl ~t the Mllnicip~l
Service~ Rlcle J 100 S Myrtle Ave 1rd Floor, rle~rw~terJ Floricl~ 117';0-';';?0, until 1:30 P.M. on Thnrsda}:,
April 24, 200R, and publicly opened and read at that hour and place for the Refurbishment of Pedestrian Bridge
Under FDOT Bridge #43 (#07-0024-EN).
A complete bidders package containing specifications, drawings, bond forms, contract forms, affidavits and
proposal form is available only to Contractors and Sub-contractors that provide documentation to the
Engineering Consulting firm of KTA-Tator, Inc., proving their qualifications and certification to perform
jobs as per SSPC-QP1 requirements. All personnel performing field coating quality control inspections
must be certified at a minimum required level. Inactive certification will not be accepted; certification must
be maintained for the duration of the contract. All Bidders shall be licensed for business in the State of
Florida, Pinellas County and the City of Clearwater.
Contractors, Suppliers, or others who are not qualified but who may be interested as a possible Sub-contractor,
Supplier, etc., may purchase a package consisting of specifications, drawings, and pay items worksheet.
A 10% bid bond is required for all City of Clearwater proj ects.
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
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I SECTION II
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I INSTRUCTION
I TO
I BIDDERS
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SECTION II
INSTRUCTIONS TO BIDDERS
Table of Contents:
SECTION II ... ................. ..... .................................. ............................ ........... ....... .........." ........ ....... i
1 COPIES OF BIDDING DOCUMENTS.......................................................................... 1
2 Q U ALIFI CA TI ON OF BIDDERS .................................................................................. 1
3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE ................................. 1
4 INTERPRET A TIONS AND ADDENDA ....................................................................... 2
5 BID SECURITY OR BID BOND .................................................................................... 3
6 CONTRACT TIME ......................... .............. ............. .... ............. ..... ................. .......... ..... 3
7 LI Q UIDA TED D AMA GES ............................................................................................. 3
8 SUBSTITUTE MATERIAL AND EQUIPMENT ......................................................... 3
9 SUBCONTRACTORS. ......... ........ ...... ......... ....... ....... ......... ........ ........ ......... ....... ....... ....... 3
10 BID/PR 0 POSAL FORM ...... .......... .......... ........ ......... ...... ........... ..... ..... ........... ......... ....... 4
11 SUBMISSION OF BIDS ..................................................................................................4
12 MODIFICATION AND WITHDRAWAL OF BIDS .................................................... 5
13 REJECTION OF BIDS .................................................................................................... 5
14 D ISQ U ALIFI CA TI ON 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 PROTEST ... ......... ......... ............................ ............. ....... ........ ........ ............................. 7
20 TRENCH SAFETY ACT ............ ............. ............ .............. .......... ............. .... ................... 8
Sectionll.doc
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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 above address not later than fourteen (14)
days prior to the time set for the receipt of bids. Bidders currently pre-qualified by the City
do not have to make reapplication.
3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE
3.1 It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract
Documents thoroughly; (b) visit the site to become familiar with local conditions that may in
any manner affect cost, progress, performance or furnishing of the work; (c) consider and
abide by all applicable federal, state and local laws, ordinances, rules and regulations; and
(d) study and carefully correlate Bidder's observations with the Contract Documents, and
notify Engineer of all conflicts, errors or discrepancies in the Contract Documents.
3.2 In reference to the Technical Specifications and/or the Scope of the Work for identification
of those reports of explorations and tests of subsurface conditions at the site which have
been utilized by the Engineer in the preparation ofthe 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
Sectionll.doc
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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 Information and data reflected in the Contract Documents with respect to Underground
Facilities at or contiguous to the site are based upon information and data furnished to the
City and Engineer by owners of &uch 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.
SectionlI.doc
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Section II - Instructions to Bidders
4.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the
City or Engineer.
5 BID SECURITY OR BID BOND
5.1 Each Bid must be accompanied by Bid Security made payable to the City of Clearwater in
an amount equal to ten percent (10%) ofthe Bidder's maximum Bid price and in the form of
a certified or cashiers check or a Bid Bond (on form attached) issued by a surety meeting the
requirements of the General Conditions. A cash bid bond will not be accepted.
5.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed
the Agreement and furnished the required Payment and Performance bonds, whereupon the
Bid Security will be returned. If the Successful Bidder fails to execute, deliver the
Agreement and furnish the required Bonds within ten (10) days after the award of contract
by the City Commission, the City may annul the bid and the Bid Security of the Bidder will
be forfeited. The Bid Security of any Bidder whom the City believes to have a reasonable
chance of receiving the award may be retained by the City until the successful execution of
the agreement with the successful Bidder or for a period up to ninety (90) days following bid
opening. Security of other Bidders will be returned approximately fourteen (14) days after
the Bid opening.
5.3 The Bid Bond shall be issued in the favor of the City of Clearwater by a surety company
qualified to do business in, and having a registered agent in the State of Florida.
6 CONTRACT TIME
6.1 The number of consecutive calendar days within which the work is to be completed is set
forth in the Technical Specifications.
7 LIQUIDATED DAMAGES
7.1 Provisions fot liquidated damages are set forth in the Contract Agreement.
8 SUBSTITUTE MATERIAL AND EQUIPMENT
8.1 The contract, if awarded, will be on the basis of material and equipment described in the
Drawings or specified in the Specifications without consideration of possible substitute or
"or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications
that a substitute or "or equal" item may be furnished or used, application for its acceptance
will not be considered by the Engineer until after the effective date of the Contract
Agreement. The procedure for submittal of any such application is described in the General
Conditions and as supplemented in the Technical Specifications.
9 SUBCONTRACTORS
9.1 If requested by the City or Engineer, the Successful Bidder, and any other Bidder so
requested, shall, within seven (7) days after the date of the request, submit to the Engineer
an experience statement with pertinent information as to similar projects and other evidence
of qualification for each Subcontractor, supplier, person and organization to be used by the
Contractor in the completion of the Work. The amount of subcontract work shall not exceed
fifty percent (50%) ofthe Work except as may be specifically approved by the Engineer. If
the Engineer, after due investigation, has reasonable objection to any proposed
Section I I. doc
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Section Il- Instructions to Bidders
Subcontractor, supplier, other person or organization, he may, before recommending award
of the Contract.
Agreement to the City Commission, request the Successful Bidder to submit an acceptable
substitute without an increase in Contract Price or Contract Time. If the Successful Bidder
declines to make any such substitution, the City may award the contract to the next lowest
and most responsive Bidder that proposes to use acceptable Subcontractors, Suppliers, and
other persons and organizations. Declining to make requested substitutions will not
constitute grounds for sacrificing the Bid security to the City of any Bidder. Any
Subcontractor, supplier, other person or organization listed by the Contractor and to whom
the Engineer does not make written objection prior to the recommendation. of award to the
City Commission will be deemed acceptable to the City subject to revocation of such
acceptance after the Effective Date of the Contract Agreement as provided in the General
Conditions.
9.2 No Contractor shall be required to employ any Subcontractor, supplier, person or
organization against whom he has reasonable objection.
10 BID/PROPOSAL FORM
10.1 The Bid/Proposal Form is included with the Contract Documents and shall be completed in
ink or by typewriter. All blanks on the Bid/Proposal Forms must be completed. The Bidder
must state in the Bid/Proposal Form in words and numerals without delineation's, alterations
or erasures, the price for which he will perform the work as required by the Contract
Documents. Bidders are required to bid on all items in the Bid/Proposal form. The lump
sum for each section or item shall be for furnishing all equipment, materials, and labor for
completing the section or item as per the plans and contract specifications. Should it be
found that quantities or amounts shown on the plans or in the proposal, for any part of the
work, are exceeded or should they be found to be less after the actual construction of the
work, the amount bid for each section or item will be increased or decreased in direct
proportion to the unit prices bid for the listed individual items.
10.2 Bids by corporations shall be executed in the corporate name by the president or a vice-
president (or other corporate officer accompanied by evidence of authority to sign) and the
corporate seal shall be affixed. The corporate address and state of incorporation shall be
shown below the Signature. If requested, the person signing a Bid for a corporation or
partnership shall produce evidence satisfactory to the City of the person's authority to bind
the corporation or partnership.
10.3 Bids by partnerships shall be executed in the partnership name and signed by a general
partner, whose title shall appear under the signature and the official address of the
partnership shall be shown below the signature.
10.4 All names shall be typed or printed below the signature.
11 SUBMISSION OF BIDS
11.1 Sealed Bids shall be. submitted at or before the time and at the place indicated in the
Advertisement for Bids and shall be submitted in the bid envelope provided with the bid
documents. If forwarded by mail, the Bid shall be enclosed in another envelope with the
notation "Bid Enclosed" on the face thereof and addressed to the City of Clearwater,
attention Purchasing Manager. Bids will be received at the office indicated in the
Sectionll.doc
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Section II - Instructions to Bidders
Advertisement until the time and date specified. Telegraphic or facsimile bids received by
the Purchasing Manager will not be accepted.
12 MODIFICATION AND WITHDRAWAL OF BIDS
12.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the
manner that a Bid must be executed) and delivered as described in the Advertisement of
Bids. A request for withdrawal or a modification shall be in writing and signed by a person
duly authorized to do so. Withdrawal of a Bid will not prejudice the rights of a Bidder to
submit a new Bid prior to the Bid Date and Time. After expiration of the period for
receiving Bids, no Bid may be withdrawn or modified.
12.2 After a bid is received by the City, the bidder may request to modify the bid for
typographical, or scrivener's errors only. The bidder must state in writing to the City that a
typographical or scrivener's error has been made by the bidder, the nature of the error, the
requested correction of the error, and what the adjusted bid amount will be if the correction
is accepted by the City. The City reserves the right at its sole discretion to accept, reject, or
modify any bid.
13 REJECTION OF BIDS
13.1 To the extent permitted by applicable State and Federal laws and regulations, the City
reserves the right to reject any and all Bids, and to waive any and all informalities. Grounds
for the rejection of a bid include but are not limited to a material omission, unauthorized
alteration of form, unauthorized alternate bids, incomplete or unbalanced unit prices, or
irregularities of any kind. Also, the City reserves the right to reject any Bid if the City
believes that it would not be in the best interest of the public to make an award to that
Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful
financial ability or fails to meet any other pertinent standard or criteria established by the
City. The City reserves the right to decide which bid is deemed to be the lowest and best in
the interest of the public.
14 DISQUALIFICATION OF BIDDER
14.1 Any or all bids will be rejected if there is any reason for believing that collusion exists
among the bidders, the participants in such collusion will not be considered in future
proposals for the same work. Each bidder shall execute the Non-Collusion Affidavit
contained in the Contract Documents.
15 OPENING OF BIDS
15.1 Bids will be opened and read publicly at the location and time stated in the Advertisement
for Bids. Bidders are invited to be present at the opening of bids.
16 LICENSES, PERMITS, ROYALTY FEES AND TAXES
16.1 The Contractor shall secure all licenses and permits (and shall pay all permit fees) except as
specifically stated otherwise in the Technical Specifications. The Contractor shall comply
with all Federal and State Laws, County and Municipal Ordinances and regulations, which
in any manner effect the prosecution of the work. City of Clearwater building permit fees
Sectionll.doc
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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 terms of the statement and will notifY the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of chapter 893, or of any controlled
substance law, of the United States, or of any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, by any employee
who is so convicted.
(6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
I certifY that this firm does/does not (select only one) fully comply with the above
requirements.
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Section II - Instructions to Bidders
18 AWARD OF CONTRACT
18.1 Discrepancies between words and figures will be resolved in favor of words.
Discrepancies in the multiplication of units of work and unit prices will be resolved in
favor of the unit prices. Discrepancies between the indicated sum of any column of
figures and the correct sum thereof will be resolved in favor of the correct sum.
18.2 In evaluating the Bids, the City will consider the qualifications of the Bidders, whether or
not the Bids comply with the prescribed requirements, unit prices, and other data as may
be requested in the Bid/Proposal form. The City may consider the qualifications and
experience of Subcontractors, suppliers and other persons and organizations proposed by
the Contractor for the Work. The City may conduct such investigations as the City
deems necessary to assist in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and
other persons, and organizations to perform and furnish the Work in accordance with the
Contract Documents to the City's satisfaction within the prescribed time.
18.3 If the Contract is to be awarded, it will be awarded to the lowest responsible, responsive
Bidder whose evaluation by the City indicates to the City that the award will be in the
best interest of the City.
18.4 Award of contract will be made for that combination of base bid and alternate bid items
in the best interest of the City, however, unless otherwise specified all work awarded will
be awarded to only one Contractor.
19 BID PROTEST
19.1 RIGHT TO PROTEST: Any actual bidder who is aggrieved in connection with the
solicitation or award of a contract may seek resolution of hislher complaints initially with
the Purchasing Manager, and if not satisfied, with the City Manager, in accordance with
protest procedures set forth in this section.
19.2 PROTEST PROCEDURE:
A. A protest with respect to the specifications of an invitation for bid or request for
proposal shall be submitted in writing a 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.q4, 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.
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I SECTION III
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I GENERAL
I CONDITIONS
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SECTION III
GENERAL CONDITIONS
Table of Contents:
S ECTI 0 N III..................... .... ......... ............................... ... .... ... .... ...... ... ..... .................. ................... i
1
2
2.1
2.2
2.3
2.4
2.5
3
3.1
3.2
4
GENERAL CONDITIONS...... .... ........ .......... ............................................................................. i
DEFINITIONS ............. ................................ .......... ....... ................................... ...... ....... .... 1
PRELIMINARY MATTERS .......... ..... ............ ....... ...... ......... ................... ................... .... 4
DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE ............................ 4
COPIES OF DOCUMENTS............................................................................................ 4
COMMENCEMENT OF CONTRACT TIMEINOTICE TO PROCEED; STARTING
THE PROJECT ............................. ............... ................... ......................... ........................ 4
BEFORE STARTING CONSTRUCTION ..................................................................... 5
PRECONSTRUCTION CONFERENCE........................................................................ 5
CONTRACT DOCUMENTS, INTENT ......................................................................... 5
INTENT ........................................................................................................................... 5
REPORTING AND RESOLVING DISCREPANCIES. ........... .... .................................. 6
AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS ................... ......................... ... ... ....... ... .... .......... ............. ............. 6
4.1 AVAILABILITY OF LANDS ........ ............................................... .................................. 6
4.2 INVESTIGATIONS AND REPORTS ............................................................................ 6
4.3 PHYSICAL CONDITIONS, UNDERGROUND FACILITIES ..................................... 7
4.4 REFERENCE POINTS................ .................................................................................... 7
5 BONDS AND INSURANCE.... .............................. ......... ...... ......... ........ .......... ................ 7
5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND............................... 7
5.2 INSURANCE............................................................................................... .................... 8
5.2.1 WORKER'S COMPENSATION INSURANCE......... ....... .......... ................. ................ 9
5.2.2 PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE.............................. 9
5.2. 3 COMPREHENSIVE A UTOMOBILE LIABILITY.................................................... 10
5.3 WAIVER OF RIGHTS .................................................................................................. 10
6 CONTRACTORS RESPONSIBILITIES ..................................................................... 11
6.1 SUPERVISION AND SUPERINTENDENCE .......................... ..... ............. ................. 11
6.2 LABOR, MATERIALS AND EQUIPMENT ............................................................... 11
6.3 SUBSTITUTES AND "OR EQUAL" ITEMS .............................................................. 12
6.4 RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND OTHERS........ 12
6.5 USE OF PREMISES.... ........... ........... ................. ........ ....... .......... .................................. 13
6.6 LICENSE AND PATENT FEES, ROYALTIES AND TAXES ...................................14
6. 7 LAWS AND REGULATIONS............ ........................ ......... ......................................... 14
6.8 PERMITS...................................................................... ........ ......................................... 14
6.9 SAFETY AND PROTECTION.... ....................... ................ ............ .................. ............ 15
6.10 EMERGENCIES............................................................................................................ 15
6.11 DRAWINGS .................................... .... ................................................. ......................... 16
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Section III - General Conditions
6.11.1 SHOP DRAWINGS AND SAMPLES .......................................................................16
6.11.2 AS-BUILT DRA WINGS......,..................................................................................... 17
6.11.3 CAD STANDARDS. ............ ..... ... ....... ..... ..... ..... ... ... ... ............ ... ......... ........ .......... ..... 19
6.11.4 DELIVERABLES:.. ..... ...... ....... ....... ...... ... ................. ..... ...... ............... ... ...... .... ..... ... 20
6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE........................... 20
6.13 CONTINUING THE WORK ........... ...... ......... ........... ...... ..... ....... ................. ................ 21
6.14 INDEMNIFICATION........ ................... ... .............. ...... ............... ................................... 21
7 OTHER WORK ....... ............... ........ .............. .................. ............... ............ .... ....... ..... ..... 22
7 .1 RELATED WORK AT SITE... ......................................... .............. .............................. 22
7.2 COORD INA TION ......................................................................................................... 22
8 OWNERS RE S PONS IB ILITY ...... ................. ...... ......... ............... ............... .......... ........ 23
9 ENGINEER'S STATUS DURING CONSTRUCTION .............................................. 23
9.1 OWNERS REPRESENTATIVE ... ............................ .................................................... 23
9.2 CLARIFICATIONS AND INTERPRETATIONS........................................................ 23
9 .3 REJECTING OF DEFECTIVE WORK ........ .................... ............................................ 23
9.4 SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS .................................. 24
9.5 DECISIONS ON DISPUTES ........................................................................................24
9.6 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES........................................... 25
10 CHANGES IN THE WORK........................................................................................... 25
11 CHANGES IN THE CONTRACT PRICE................................................................... 26
11.1 CHANGES IN THE CONTRACT PRICE............................... ........... .......................... 26
11.2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT ....................... 26
11.3 UNIT PRICE WORK ......... ............... .............. ........................... .............. ..................... 27
12 CHANGES IN THE CONTRACT TIME .................................................................... 27
13 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE
o F DEFECTIVE WORK.............. ............ ...... ..................................... ........ .................. 28
13.1 TESTS AND INSPECTION......................................................... ....... .................. ........ 28
13.2 UNCOVERING THE WORK .................................................... .........:......................... 29
13.3 ENGINEER MAY STOP THE WORK ........................................................................ 29
13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK ........................................ 29
13 .5 WARRANTY/CORRECTION PERIOD. ......................................... ............................ 29
13 .6 ACCEPTANCE OF DEFECTIVE WORK ...................................................................30
13.7 OWNER MAY CORRECT DEFECTIVE WORK.................... ................... ................ 30
14 PAYMENTS TO CONTRACTOR AND COMPLETION .........................................31
14.1 APPLICATION FOR PROGRESS PAYMENT ........................................................... 31
14.2 CONTRACTOR'S WARRANTY OF TITLE....................... ............. ........................... 31
14.3 REVIEW OF APPLICATIONS FOR PROGRESS PAyMENTS................................ 32
14.4 PARTIAL UTILIZATION................................................. ................... ............. ........... 32
14.5 FINAL INSPECTION . ............................................................ .............................. ........ 33
14.6 FINAL APPLICATION FOR PAYMENT ................................................................... 33
14.7 FINAL PAYMENT AND ACCEPT ANCE................................................................... 33
14.8 WAIVER OF CLAIMS.............. ......................................... .......................................... 34
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Section III - General Conditions
15 SUSPENSION OF WORK AND TERMINATION .................................................... 34
15.1 OWNER MAY SUSPEND THE WORK...................................................................... 34
15.2 OWNER MAY TERMINATE .... ............ .................................... ............... ................... 34
15.3 CONTRACTOR MAY STOP WORK OR TERMINATE ........................................... 36
16 DISPUTE RESO L UTIO N .............................................................................................. 36
17 MIS CELLANEO US.. ..... ..... ...... ....................... ....... .... ... ........ ... ..... ... .......... ..... ........ .... It It 36
17 .1 SUBMITTAL AND DOCUMENT FORMS................ ...... ............ .......... ................. .... 36
17 .2 GIVING NOTICE. ...................................................................................... ................... 36
17.3 NOTICE OF CLAIM..................................................................................................... 36
17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED..................................... 37
17.5 ASSIGNMENT OF CONTRACT............. ................ .......................... ...... ................ .... 37
17.6 RENEWAL OPTION...... .................. ......... ........... ....... ........ ........................ ................. 37
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III
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Section III - General Conditions
1 DEFINITIONS
Addenda
Written or graphic instruments issued prior to the opening of Bids which clarify, correct
or change the Bidding Requirements or the contract documents.
Agreement
The written contract between OWNER and CONTRACTOR covering the Work to be
performed; other Contract Documents are attached to the Agreement and made a part
thereof as provided therein.
Application for Payment
The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to be accompanied by such supporting
documentation as is required by the Contract Documents.
Approve
The word approve is defined to mean satisfactory review of the m<;lterial, 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 ofthe Engineer
to verify in every detail conformance with the Drawings and Specifications.
Bid
The offer or proposal of the bidder submitted on the prescribed form setting forth the
prices for the work to be performed.
Bidding Documents
The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the
proposed Contact Documents (including all Addenda issued prior to receipt of Bids).
Bonds
Performance and payment bonds and other instruments of security.
Change Order
A written order to Contractor signed by Owner and Contractor authorizing an addition,
deletion or revision in the Work, or an adjustment in the Contract Price or the Contract
Time issued on or after the effective date of the Agreement.
City
The City of Clearwater, Florida.
Contract Documents
The Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid
(including documentation accompanying the bid and any post-Bid documentation
submitted prior to the execution ofthe Agreement) when attached as an exhibit to the
Agreement, the Bonds, Instructions to Bidders, these General Conditions, any
Supplementary Conditions, the Specifications and the Drawings, any other exhibits
identified in the Agreement, together with all Modifications issued after the execution of
the Agreement.
Contract Price
The Contract price constitutes the total compensation (subject to authorized adjustments)
payable by Owner to Contractor for perfonning the Work.
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Section III - General Conditions
Contract Time
The number of days or the date stated in the Agreement for the completion of the Work.
Contractor
The Person with whom the Owner has entered into the Agreement.
Day
A calendar day oftwenty-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 ofthis contract, the City Engineer or his duly appointed representative.
Engineer's Consultant
A Person having a contract with Engineer to furnish services as Engineer's independent
professional associate or consultant with respect to the Project and who is identified as
such in the Supplementary Conditions.
Furnish
The words "furnish", "furnish and install", "install", and "provide" or words of similar
meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and
install complete in place and ready for service".
Inspection
The term "inspection" and the act of inspecting means examination of construction to
ensure that it conforms to the design concept expressed in the Drawings and
Specifications. These terms shall not be construed to mean supervision, superintending or
overseemg.
Laws and Regulations
Any and all applicable laws, rules, regulations, ordinances, codes and orders of any kind
of governmental bodies, agencies, authorities and courts having jurisdiction.
Liens
Liens, charges, security interests or encumbrances upon real property or personal
property.
Milestone
A principal event specified in the contract Documents relating to an intermediate
completion date or time prior to the final completion date.
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Section III - General Conditions
Notice to Proceed
A written notice given by the Owner to the Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform his
obligations under the Contract Documents.
Owner
The City of Clearwater, Florida
Person
A natural person or a corporation, partnership, firm, organization, or other artificial
entity.
Project
The total construction of which the Work to be provided under the Contract Documents
may be the whole or a part as indicated elsewhere in the Contract Documents.
Partial Utilization
Use by Owner of a substantially completed part of the Work for the purpose for which is
intended (or a related purpose) prior to Final Completion of all the Work.
Shop Drawing
All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by
or for Contractor to illustrate some portion of the Work and all illustrations, brochures, standard
schedules, performance charts, instructions, diagrams and other information prepared by a
supplier and submitted by Contractor to illustrate material or equipment for some portion of the
Work.
Specifications
Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the
Work and certain administrative details applicable thereto.
Subcontractor
A person having a direct contract with Contractor or with any other Subcontractor for the
performance of a part of the Wark at the site.
Substantial Completion
The Wark (or a specified part thereof) which has progressed to the point where, in the
opinion of Engineer, as evidenced by Engineer's definitive certificate of Substantial
Completion, it is sufficiently complete, in accordance with the Contract documents, so
that the Work (or specified part) can be utilized for the purposes for which it is intended;
or if no such certificate is issued, when the Work is complete and ready for final payment
as evidenced by the Engineer's recommendation of final payment. The terms
"substantially complete" and "substantially completed" as applied to all or part of the
Work refer to Substantial Completion thereof.
Supplementary Conditions
The part of the Contract which amends or supplements these General Conditions.
Supplier
A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct
contract with Contractor or with any Subcontractor to furnish materials or equipment to
be incorporated in the Work by the Contractor.
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Section II1- General Conditions
Surety
Any person, firm or corporation which is bound with Contractor and which engages to be
responsible for Contractor and his acceptable performance of the Work by a Bid,
Performance or Payment Bond.
Underground Facilities
All pipelines, conduits, ducts, cables, wires manholes, vaults, tanks, tunnels or other such
facilities or attachments, and any encasements containing such facilities which have been
installed underground to furnish any of the following services or materials: electricity,
gases, steam, liquid petroleum products, telephone or other communications, cable
television, sewage and drainage removal or treatment, traffic or other control systems or
water.
Unit Price Work
Work to be paid for on the basis of unit prices.
Work
The entire completed construction or the various separately identifiable parts thereof
required to be furnished under the Contract Documents. Work includes and is the result
of performing or furnishing labor and incorporating materials and equipment into the
construction, and performing or furnishing services and furnishing documents, all as
required by the Contract Documents.
Work Change Directive
A written directive to Contractor, issued on or after the Effective Date of the Agreement
and signed by the Engineer, ordering an addition, deletion, or revision in the Work, or
responding to differing or unforeseen physical conditions under which the Work is to be
performed or emergencies. Work Change Directive will not change the Contract Price or
Contract Time, but is evidence that the parties expect that the change directed or
documented by a Work Change Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to its effect, if any, on the Contract
Price or Contract Times.
2 PRELIMINARY MATTERS
2.1 DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE
When Contractor delivers the executed Agreements to Owner, Contractor shall also deliver to
Owner such Bonds and Certificates of Insurance as Contractor may be required to furnish by this
contract.
2.2 COPIES OF DOCUMENTS
Engineer shall furnish to Contractor four copies of Contract Documents for execution.
Additional copies will be furnished, upon request, at the cost of reproduction.
2.3 COMMENCEMENT OF CONTRACT TIME/NOTICE TO
PROCEED; STARTING THE PROJECT
The Contract Time will commence on the day indicated in the Notice to Proceed. Contractor
shall start to perform the work on the date the Contract Time commences to run. No work shall
be done at the site prior to the date that the Contract Time commences to run.
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Section III - General Conditions
2.4 BEFORE STARTING CONSTRUCTION
Before undertaking each part of the Work, Contractor shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable
field measurements. Contractor shall promptly report in writing to Engineer any conflict, error or
discrepancy which Contractor may discover; and shall obtain a written interpretation or
clarification from Engineer before proceeding with any work effected thereby; however,
Contractor shall not be liable to Owner for failure to report any conflict, error or discrepancy in
the Drawings or Specifications, unless Contractor had actual knowledge thereof or should
reasonably have known thereof.
No verbal agreement or conversation with any officer, agent or employee of Owner or Engineer,
either before or after the execution of this Contract, shall affect or modify any of the terms or
obligations herein contained. Contractor shall not commence any work at any time without
approved insurance required by these General Conditions. Failure to obtain this insurance will be
the sole responsibility of the Contractor.
2.5 PRECONSTRUCTION CONFERENCE
Within twenty days of Award of Contract and before the start of the Work, the Engineer may
schedule a conference to be attended by Contractor, Engineer and others as appropriate to
establish a working understanding among the parties as to the Work and to discuss the schedule
of the Work and general Contract procedures.
3 CONTRACT DOCUMENTS, INTENT
3.1 INTENT
The Contract Documents comprise the entire Agreement between the Owner and the Contractor
concerning the Work. They may be altered only by written agreement. The Contract Documents
are complementary; what is called for by one is as binding as if called for by all. It is the intent of
the Contract Documents to describe a functionally complete project (or part thereof) to be
constructed in accordance with the Contract Documents. Any Work, materials or equipment
which may reasonably be inferred from the Contract Documents or from prevailing custom or
from trade usage as being required to produce the intended result will be furnished and
performed whether or not specifically called for. When words or phrases, which have a well-
known technical or construction industry or trade meaning, are used to describe Work, materials
or equipment, such words or phrases shall be interpreted in accordance with that meaning.
Clarifications and interpretations of the Contract Documents shall be issued by the Engineer.
Reference to standards, specifications, manuals or codes of any technical society, organization or
association, or to the code, Laws or Regulation of any governmental authority, whether such
reference be specific or by implication, shall mean the latest standard specification, manual or
code, or Laws or Regulations in effect at the time of opening of Bids except as may be otherwise
specifically stated in the Contract Documents. However, no provision of any referenced standard
specification, manual or code (whether or not specially incorporated by reference in the
responsibilities of Owner or Contractor as set forth in the Contract Documents) shall change the
duties and responsibilities of Owner, Contractor or Engineer, or any of their agents or employees
from those set forth in the Contract Documents. Clarifications and interpretations of the Contract
shall be issued by Engineer. Each and every provision of law and clause required by law to be
inserted in these Contract documents shall be deemed to be inserted herein, and they shall be
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Section III - General Conditions
read and enforced as through it were included herein, and if through mistake or otherwise, any
such provision is not inserted, or if not correctly inserted, then upon the application of either
party, the Contract Documents shall forthwith be physically amended to make such insertion.
The various Contract Documents shall be given precedence, in case of conflict, error or
discrepancy, as follows: Modifications, Contract Agreement, Addenda, Supplementary
Conditions, General Conditions, Drawings, Technical Specifications. In a series of Modifications
or Addenda the latest will govern.
3.2 REPORTING AND RESOLVING DISCREPANCIES
If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity or
discrepancy within the Contract Documents or between the Contract Documents and any
provision of any such Law or Regulation applicable to the performance of the Work or of any
such standard, specification, manual or code or of any instruction of any Supplier, Contractor
shall report it to the Engineer in writing at once, and Contractor shall not proceed with the Work
affected thereby (except in an emergency) until an amendment or supplement to Contract
Documents has been issued by one of the methods provided in these General Specifications,
provided however, that Contractor shall not be liable to Owner or Engineer for failure to report
any such conflict, error, ambiguity or discrepancy unless Contractor knew or reasonably should
have known thereof.
4 AVAilABiliTY OF lANDS; SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS
4.1 AVAilABiliTY OF lANDS
Owner shall furnish, as indicated in the Contract Documents, the lands upon which the Work is
to be Performed, rights-of-way, easements for access thereto, and such other lands which are
designated for the use of contractor. Owner shall identify any encumbrances or restrictions not of
general application but specifically related to use of lands so furnished with which contractor
will have to comply in performing the Work. Easements for permanent structures or permanent
changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided
in the Contract Documents.
4.2 INVESTIGATIONS AND REPORTS
Reference is made to the Supplementary Conditions and Technical Specifications for
identification of those reports of investigations and tests of subsurface and latent physical
conditions at the site or otherwise affecting cost, progress or performance of the Work which
have been relied upon by Engineer in preparation of the Drawings and Specifications. Such
reports are not guaranteed as to accuracy or completeness and are not part of the Contract
Documents. Contractor shall promptly notify Engineer in writing of any subsurface or latent
physical conditions at the site, or in an existing structure, differing materially from those
indicated or referred to in the Contract Documents. Engineer will promptly review those
conditions and advise if further investigation or tests are necessary. Owner or Engineer shall
obtain the necessary additional investigations and tests and furnish copies to the Engineer and
Contractor. If Engineer finds that the results of such investigations or tests indicate that there are
subsurface or latent physical conditions, which differ materially from those, indicated in the
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contract Documents, and which could not reasonably have been anticipated by Contractor, a
work change or Change Order will be issued incorporating the necessary revisions.
4.3 PHYSICAL CONDITIONS, UNDERGROUND FACILITIES
The information and data shown or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based on information and data furnished to
Owner or Engineer by the owners of such Underground Facilities or by others. Unless otherwise
expressly provided in the Contract Documents, Owner and Engineer shall not be responsible for
the accuracy or completeness of any such information or data; and the cost of all the following
will be included in the Contract Price and contractor shall have full responsibility for: (i)
reviewing and checking all such information and data, (ii) locating all Underground Facilities
shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of
such Underground Facilities during construction, and (iv) the safety and protection of all such
Underground Facilities and repairing any damage thereto resulting from the Work. The
Contractor is required to call the LOCAL PUBLIC UTILITY NOTIFICATION CENTER
prior to any excavation per State regulations and to notify any utility owners who are not a
member of the LOCAL PUBLIC UTILITY NOTIFICATION CENTER prior to any
excavation. The LOCAL PUBLIC UTILITY NOTIFICATION CENTER is an agency for the
protection and location of utilities prior to any excavation and contact number is available in
local telephone directory.
4.4 REFERENCE POINTS
Engineer shall provide engineering surveys to establish reference points for construction, which
in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor
shall be responsible for laying out the Work, shall protect and preserve the established reference
points and shall make no changes or relocations without the prior written approval of Owner.
Contractor shall report to Engineer whenever any reference point is lost or destroyed or requires
relocation because of necessary changes in grades or locations, and shall be responsible for the
accurate replacement or relocation of such reference points by professionally qualified personnel.
The Contractor is referred to the Technical Specifications for more specific information
regarding the provision of construction surveys. Excessive stake replacement caused by
negligence of Contractor's forces, after initial line and grade have been set, as determined by the
Engineer, will be charged to the Contractor at the rate of $100.00 per hour. Time shall be
computed for actual time on the project. All time shall be computed in one-hour increments with
a minimum charge of one hour.
5 BONDS AND INSURANCE
5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND
Contractor shall furnish a Performance 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
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
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Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff,
Bureau of Government Financial Operations, U.S. Treasury Department. All bonds signed by an
agent must be accompanied by a certified copy of such agents' authority to act. All bonds shall
be deemed to contain all of the Conditions of Section 255.05, Florida Statutes, even if such
language is not directly contained within the bond and the Surety shall be licensed and qualified
to do business in the State of Florida. The Owner reserves the right to reject any surety. If the
Surety on any Bond furnished by the Contractor is declared bankrupt or becomes insolvent or its
right to do business is terminated in any state where any part of the Project is located or it ceases
to meet the requirements of these Contract Documents, the Contractor shall within five days after
notice thereof substitute another Bond and surety, both of which must be acceptable to the
Owner.
5.2 INSURANCE
Contractor shall purchase and maintain such liability and other insurance as is appropriate for the
Work being performed and furnished and as will provide protection from claims set forth below
which may arise out of or result from Contractor's performance and furnishing of the Work and
Contractor's other obligations under the Contract Documents, whether it is to be performed or
furnished by Contractor, and Subcontractor or Supplier, or by anyone directly or indirectly
employed by any of them to perform or furnish any of the Work, or by anyone for whose acts
any of them may be liable for the following: (i) Claims under worker's compensation, disability
benefits and other similar employee benefit acts; (ii) Claims for damages because of bodily
injury, occupational sickness or disease, or death of Contractor's employees; (iii) Claims for
damages because of bodily injury, sickness or disease, or death of any person other than
Contractor's employees; (iv) Claims for damages insured by customary personal injury liability
coverage which are sustained by any person as a result of an offense directly or indirectly related
to the employment of such person by Contractor, or by any other person for any other reason; (v)
Claims for damages, other than to the Work itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting therefrom; and (vi) Claims for
damages because of bodily injury or death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle. The Contractor shall deliver to Owner, with
copies to each additional insured identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance requested by Owner or any other additional insured)
which Contractor is required to purchase and maintain in accordance with this paragraph. The
policies of insurance so required by this paragraph to be purchased and maintained shall: (i)
include as additional insured (subject to any customary exclusion in respect of professional
liability) City of Clearwater and any other persons or entities identified in the Supplementary
Conditions, all of whom shall be listed as additional insured, and include coverage for the
respective officers and employees of all such additional insures; (ii) include completed
operations insurance; (iii) include contractual liability insurance covering Contractor's indemnity
obligations in Article for Contractor's Responsibilities; (iv) contain a provision or endorsement
that the coverage afforded will not be canceled, materially changed or renewal refused until at
least thirty days prior written notice has been given to the Owner, and Contractor and to each
other additional insured identified in the Supplemental Conditions to whom a certificate of
insurance has been issued (and the certificates of insurance furnished by the Contractor as
described in this paragraph); (v) remain in effect at least until final payment and at all times
thereafter when Contractor may be correcting, removing or replacing defective Work in
accordance with Article for Correction of Defective Work; (vi) with respect to completed
operations insurance, and any insurance coverage written on a claims-made basis, shall remain in
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effect for at least two years after final payment. Contractor shall furnish Owner and each other
additional insured identified in the Supplementary Conditions to whom a certificate of insurance
has been issued evidence satisfactory to Owner and any such additional insured, of continuation
of such insurance at final payment and one year thereafter and (vii) Name and telephone number
of the authorized insurance agent for the Insurer.
The limits of liability for the insurance required shall provide coverage for not less than the
following amounts or greater where required by laws and regulations:
5.2.1
WORKER'S COMPENSATION INSURANCE
Contract A ward Amount Contract A ward Amount
Under $1,000,000. $1,000,000. and Over
(1) Workers' Compensation Statutory Statutory
(2) Employer's Liability $500,000. $1,000,000.
5.2.2
PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE
Comprehensive General Liability including Premise/Operations; Explosion, Collapse and
Underground Property Damage; Products/Completed Operations, Broad Form Contractual,
Independent Contractors; Broad Form Property Damage; and Personal Injury liabilities:
Contract A ward Amount Contract A ward Amount
Under $1,000,000. $1,000,000. and Over
(1) Bodily Injury: $500,000. Each $1,000,000. Each
Occurrence Occurrence
$1,000,000. Annual $1,000,000. Annual
Aggregate Aggregate
(2) Property Damage: $500,000. Each $1,000,000. Each
Occurrence Occurrence
$1,000,000. Annual $1,000,000. Annual
Aggregate Aggregate
(3) Personal Injury, with $1,000,000. Annual $1,000,000. Annual
employment exclusion deleted Aggregate Aggregate
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Section III - General Conditions
5.2.3
COMPREHENSIVE AUTOMOBILE LIABILITY
including all owned (private and others), hired and non-owned vehicles:
Contract A ward Amount Contract A ward Amount
Under $1,000,000. $1,000,000. and Over
(1) Bodily Injury $500,000. Each Person $1,000,000. Each Person
$500,000. Each Accident $1,000,000. Each Accident
(2) Property Damage $500,000. Each $1,000,000. Each
Occurrence Occurrence
Receipt and acceptance by the Owner of the Contractor's Certificate of Insurance, or other
similar document does not constitute acceptance or approval of amounts or types of coverages,
which may be less than required by these Contract Documents. Owner shall not be responsible
for purchasing and maintaining any property insurance to protect the interests of Contractor,
Subcontractors or others in the Work. The Owner may at its option require a copy of the
Contractor's Insurance Policy(s). All insurance policies required within this Contract Document
shall provide full coverage from the first dollar of exposure unless otherwise stipulated. No
deductibles will be accepted without prior approval from the Owner.
Lon2shore and Harbor Worker's Comoensation Act: Section 32 of the Act, 33 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 ofthe compensation payable under Sections 7,
8, and 9 of the Act. In the case of an employer who is a subcontractor, only if such subcontractor
fails to secure the payment of compensation shall the contractor be liable for and be required to
secure the payment of compensation.
5.3 WAIVER OF RIGHTS
Owner and Contractor intend that all policies purchased in accordance with Article on Insurance
will protect Owner, Contractor, Subcontractors, Engineer, Engineer's Consultants and all other
persons or entities identified in the Supplementary Conditions to be listed as insured or
additional insured in such policies and will provide primary coverage for all losses and damages
caused by the perils covered thereby. All such policies shall contain provisions to the effect that
in the event of payment of any loss or damage the insurers will have no rights of recovery against
any of the insured or additional insured thereunder, Owner and Contractor waive all rights
against each other and their respective officers, directors, employees and agents for all losses and
damages caused by, arising out of or resulting from any of the perils covered by such policies
and any other property insurance applicable to the work; and, in addition, waive all such rights
against Sub-contractors, Engineer, Engineer's Consultants and all other persons or entities
identified in the Supplementary Conditions to be listed as insured or additional insured under
such policies for losses and damages so caused. None of the above waivers shall extend to the
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rights that any party making such waiver may have to the proceeds of insurance otherwise
payable under any policy so issued. In addition, Owner waives all rights against Contractor,
Subcontractors, Engineer, Engineer's Consultant and the officers, directors, employees and
agents of any of them for: (i) loss due to business interruption, loss of use or other consequential
loss extending beyond direct physical loss or damage to Owner's property or the Work caused
by, arising out of or resulting from fire or other peril, whether or not insured by Owner and; (ii)
loss or damage to the completed Project or part thereof caused by, arising out of or resulting
from fire or other insured peril covered by any property insurance maintained on the completed
Project or part thereof by Owner during partial utilization, after substantial completion or after
final payment.
6 CONTRACTORS RESPONSIBiliTIES
6.1 SUPERVISION AND SUPERINTENDENCE
Contractor shall supervise, inspect and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences and procedures of construction, but Contractor shall not
be responsible for the negligence of others in the design or specification of a specific means,
method, technique, sequence or procedure of construction which is shown or indicated in and
expressly required by the Contract Documents.
Contractor shall be responsible to see that the completed work complies accurately with the
Contract Documents. Contractor shall keep on the work at all times during its progress a
competent resident superintendent, who shall not be replaced without notice to Owner and
Engineer except under extraordinary circumstances. The superintendent will be Contractor's
representative at the site and shall have authority to act on behalf of Contractor. All
communications to the superintendent shall be as binding as if given to Contractor.
Contractor shall employ only competent persons to do the work and whenever Engineer shall
notify Contractor, in writing, that any person on the work appears to be incompetent, unfaithful,
disorderly, or otherwise unsatisfactory, such person shall be removed from the project and shall
not again be employed on it except with the written consent of Engineer.
Contractor shall reimburse the Owner for additional engineering and inspection costs incurred as
a result of overtime work in excess of the regular working hours or on the Owner's normally
approved holidays. At Owner's option, overtime costs may either be deducted from the
Contractor's monthly payment request or deducted from the Contractor's retention prior to
release of final payment or the Engineer may elect to receive a monthly check from the
Contractor in the amount of the overtime costs. Minimum number of chargeable hours for
inspection costs on weekends or holidays shall be four hours. The cost of overtime inspection per
hour shall be $40.00 per hour.
Contractor shall provide and maintain in a neat and sanitary condition, such sanitary
accommodations for the use of Contractor's employees as may be necessary to comply with the
requirements of Laws and Regulations andthe 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
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discipline and order at the site. Except as otherwise required for the safety or protection of
persons or the work or property at the site or adjacent thereto, and except as otherwise indicated
in the Contract Documents, all work at the site shall be performed during regular working hours
and Contractor will not permit overtime work or the performance of work on Saturday, Sunday,
or any legal holiday without Owner's consent given after prior notice to Engineer.
Unless otherwise specified in the General Requirements, Contractor shall furnish and assume full
responsibility for all materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the furnishing,
performance, testing, start-up and completion of the Work.
All materials and equipment installed in the Work shall be of good quality and new, except as
otherwise provided in the Contract Documents. If required by Engineer, Contractors shall furnish
satisfactory evidence (including reports of required tests) as to the quality of materials and
equipment. The Contractor shall provide suitable and secure storage for all materials to be used
in the Work so that their quality shall not be impaired or injured. Materials that are improperly
stored, may be rejected by the Engineer without testing.
All materials and equipment shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturer, fabricator,
supplier, or distributor, except as otherwise provided in the Contract Documents.
6.3 SUBSTITUTES AND "OR EQUAL" ITEMS
Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function and quality required. Unless the
specification or description contains or is followed by words reading that no like, equivalent or
"or equal" item or no substitution is permitted, other items of material or equipment or material
or equipment of other Suppliers may be accepted by Engineer. If in Engineer's sole discretion an
item of material or equipment proposed by Contractor is functionally equal to that named and
sufficiently similar so that no change in related Work will be required, it may be considered by
Engineer for approval. If in the Engineer's sole discretion an item of material or equipment
proposed by Contractor does not qualify as an "or equal" item, it may be considered as a
proposed substitute item. Contractor shall submit sufficient information as required by the
Engineer to allow the Engineer to determine that the item of material or equipment proposed is
essentially equivalent to that named and is an acceptable substitute therefore. Request for review
of proposed substitute and "or equal" will be not be accepted by Engineer from anyone other
than Contractor.
Request for substitute and "or equal" items by Contractor must be submitted in writing to
Engineer and will contain all information as Engineer deems necessary to make a determination.
All data provided by Contractor in support of any proposed substitute or "or equal" item will be
at Contractor's expense. Engineer will be allowed a reasonable time to evaluate each proposal or
submittal made per this paragraph. Engineer will be sole judge of acceptability.
6.4 RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND
OTHERS
Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the
Subcontractors, Suppliers and other persons performing or furnishing any of the work under a
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direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own
acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such
Subcontractor, Supplier or other person any contractual relationship between Owner or Engineer
and any Subcontractor, Supplier or other person, nor shall it create any obligation on the part of
Owner or Engineer to payor to see to the payment of any moneys due any such Subcontractor,
Supplier or other person. Contractor shall be solely responsible for scheduling and coordinating
the work of Subcontractors, Suppliers and other persons performing or furnishing any of the
work under a direct or indirect contract with Contractor. Contractor shall require all
Subcontractors, Suppliers and such other persons performing or furnishing any of the work to
communicate with the Engineer through Contractor.
The divisions and sections of the Specifications and the identifications of any Drawings shall not
control Contractor in dividing the work among Subcontractors or Suppliers or delineating the
work to be performed by any specific trade.
All work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit of Owner and Engineer.
Contractor shall not payor employ any Subcontractor, Supplier or other person or organization
whether initially or as a substitute, against whom Owner or Engineer may have reasonable
objection. Contractor shall not be required to employ any Subcontractor, Supplier or other person
or organization to furnish or perform any of the work against whom Contractor has reasonable
objection.
Owner or Engineer will not undertake to settle any differences between Contractor and his
Subcontractors or between Subcontractors.
6.5 USE OF PREMISES
Contractor shall confine construction equipment, the storage of materials and equipment and the
operations of works to the site and land areas identified in and permitted by the Contract
Documents on other land areas permitted by Laws and Regulations, right-of-way, permits and
easements, and shall not unreasonably encumber the premises with construction equipment or
other materials or equipment. Contractor shall assume full responsibility for any damage to any
such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting
from the performance of the Work. Should any claim be made by any such owner or occupant
because of the performance of the Work, Contractor shall promptly settle with such other party
by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceed in
or at law. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify
and hold harmless Owner, Engineer, Engineer's Consultant and their officials, directors,
employees and agents from and against all claims, costs, losses and damages arising out of or
resulting from any claim or action, legal or equitable, brought by any such owner or occupant
against Owner, Engineer or any other party indemnified hereunder to the extent caused by or
based upon Contractor's performance of the Work.
During the progress of the Work, Contractor shall keep the premises free from accumulations of
waste materials, rubbish and other debris resulting from the Work. At the completion of the
Work or at intervals established by the Engineer, Contractor shall remove all waste materials,
rubbish and debris from and about the premises as well as all tools, appliances, construction
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equipment and machinery and surplus materials. Contractor shall restore to original condition all
property not designated for alteration by the Contract Documents.
6.6 LICENSE AND PATENT FEES, ROYALTIES AND TAXES
Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the work or the incorporation in the Work of any invention, design, process,
product or device which is the subject of patent rights or copyrights held by others. If a particular
invention, design, process, product or device is specified in the Contract Documents for use in
the performance of the work and if to the actual knowledge of Owner or Engineer its use is
subject to patent rights or copyrights calling for the payment of any license fee or royalty to
others, the existence of such rights shall be disclosed by Owner in the Contract Documents.
To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner, Engineer, Engineer's Consultants and the officers, directors, employees, agents
and other consultants of each and any of them from and against all claims, costs, losses and
damages arising out of or resulting from any infringement of patent rights or copyrights incident
to the use in the performance of the Work or resulting from the incorporation in the Work of any
invention, design, process, product or device not specified in the Contract Documents, and shall
defend all such claims in connection with any alleged infringement of such rights.
Contractor shall pay all sales, consumer, use and other taxes required to be paid by Contractor in
accordance with the Laws and Regulations of the State of Florida and other governmental
agencies, which are applicable during the performance of the work.
6.7 LAWS AND REGULATIONS
Contractor shall give all notices and comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for
monitoring Contractor's compliance with any Laws or Regulations. If Contractor performs any
work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor
shall bear all claims, costs, losses and damages caused by or arising out of such work: however,
it shall not be Contractor's primary responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor's obligations to ,Owner to report and resolve discrepancies as described above.
6.8 PERMITS
Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining
such permits and licenses. Contractor shall pay all governmental charges and inspection fees
necessary for the prosecution of the Work, which are applicable at the time of opening of Bids.
Contractor shall pay all charges of utility owners for connections to the work, and Owner shall
pay all charges of such utility owners for capital costs related thereto such as plant investment
fees.
Unless otherwise stated in the Contract Documents, City of Clearwater Building Permit Fees will
be waived.
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6.9 SAFETY AND PROTECTION
Contractor shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. Contractor shall take all necessary precautions for
the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: (i)
all persons on the work site or who may be affected by the work, (ii) all the Work and materials
and equipment to be incorporated therein, whether in storage on or off the site;, and (iii) other
property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities and Underground Facilities not designated for removal, relocation
or replacement in the course of construction. In the event of temporary suspension of the work,
or during inclement weather, or whenever Engineer may direct; Contractor shall, and shall cause
Subcontractors, to protect carefully the Work and materials against damage or injury from the
weather. If, in the opinion of Engineer, any portion of Work or materials shall have been
damaged or injured by reason of failure on the part of the Contractor or any Subcontractors to so
protect the Work, such Work and materials shall be removed and replaced at the expense of
Contractor. The Contractor shall initiate and maintain an accident prevention program which
shall include, but shall not be limited to the establishment and supervision of programs for the
education and training of employees in the recognition, avoidance and prevention of unsafe
conditions and acts. Contractor shall provide first aid services and medical care to his employees.
The Contractor shall develop and maintain an effective fire protection and prevention program
and good housekeeping practices at the site of contract performance throughout all phases. of
construction, repair, alteration or demolition. Contractor shall require appropriate personal
protective equipment in all operations where there is exposure to hazardous conditions. The
Engineer may order that the work stop if a condition of immediate danger to Owner's employees,
equipment or if property damage exists. This provision shall not shift responsibility or risk of
loss for injuries of damage sustained from the Contractor to the Owner, and the Contractor shall
remain solely responsible for compliance with all safety requirements and. for the safety of all
persons and property at the site of Contract performance. The Contractor shall instruct his
employees required to handle or use toxic materials or other harmful substances regarding their
safe handling and use. The Contractor shall take the necessary precautions to protect pedestrians
and motorists from harm, and to prevent disruptions of such traffic due to construction activity.
Contractor shall comply with all applicable Laws and Regulations of any public body having
jurisdiction for safety of persons or property and to protect them from damage, injury or loss;
and shall erect and maintain all necessary safeguards for such safety and protection. Contractor
shall notify owners of adjacent property and of Underground Facilities and utility owners when
prosecution of the work may affect them, and shall cooperate with them in the protection,
removal, relocation and replacement of their property. All damage, injury or loss to any property
caused, directly or indirectly, in whole or part, by Contractor, any Subcontractor, Supplier or any
other person or organization directly or indirectly employed by any of them to perform or furnish
any of the work or anyone for whose acts any of them may be liable, shall be remedied by
Contractor. Contractor's duties and responsibilities for safety and for protection of the Work shall
continue until such time as all the Work is completed and Engineer has issued a notice to Owner
and Contractor that the Work is acceptable.
6.10
EMERGENCIES
In emergencies affecting the safety or protection of persons or the Work or property at the site or
adjacent thereto, Contractor, with or without special instruction or authorization from Owner or
Engineer, is obligated to act to prevent damage, injury or loss. Contractor shall give Engineer
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Section III - General Conditions
prompt written notice if Contractor believes that any significant changes in the Work or
variations from the Contract Documents.have been caused thereby. If Engineer determines that a
change in the Contract Documents is required because of the action taken by Contractor in
response to such an emergency, a Work Change Directive or Change Order will be issued to
document the consequences of such action.
6.11 DRAWINGS
6.11.1 SHOP DRAWINGS AND SAMPLES
Contractor shall submit Shop Drawings to Engineer for review and approval as called for in the
Technical Specifications or required by the Engineer. The data shown on the Shop Drawings will
be complete with respect to quantities, dimensions, specified performance and design criteria,
materials and similar data to show Engineer the materials and equipment Contractor proposes to
provide and to enable Engineer to review the information. Contractor shall also submit Samples
to Engineer for review and approval. Before submitting each Shop Drawing or Sample,
Contractor shall have determined and verified: (i) all field measurements, quantities, dimensions,
specified performance criteria, installation requirements, materials, catalog numbers and similar
information with respect thereto, (ii) all materials with respect to intended use, fabrication,
shipping, handling, storage, assembly and installation pertaining to the performance of the Work,
and (iii) all information relative to Contractor's sole responsibilities in respect to means,
methods, techniques, sequences and procedures of construction and safety precautions and
programs incident thereto. Contractor shall also have reviewed and coordinated each Shop
Drawing or Sample with other Shop Drawings and Samples with the requirements of the Work
and the Contract Documents. Each submittal will bear a stamp or specific written indication that
Contractor has satisfied Contractor's obligations under the Contract Documents with respect to
Contractor's review and approval of that submittal. At the time of submission, Contractor shall
give Engineer specific written notice of such variations, if any, that the Shop Drawing or Sample
submitted may have from the requirements of the Contract Documents, such notice to be in a
written communication separate from the submittal; and, in addition, shall cause a specific
notation to be made on each Shop Drawing and Sample submitted to Engineer for review and
approval of each such variation.
Engineer's review and approval of Shop Drawings and Samples will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Work, conform to
the information given in the Contract Documents and be compatible with the design concept of
the completed Project as a functioning whole as indicated the Contract Documents. Engin~er'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
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Section III - General Conditions
submission and Engineer has given written approval of each such variation by specific written
notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor
will any approval by the Engineer relieve the Contractor from responsibility for complying with
the requirements of paragraph above discussing field measurements by the Contractor.
6.11.2 AS-BUILT DRAWINGS
The Contractor shall keep and maintain one set of blueprints, As-Built Drawings, in good order
and legible condition to be continuously marked-up at the job site. The Contractor shall mark and
annotate neatly and clearly all project conditions, locations, configurations and any other changes
or deviations which may vary from the details represented on the original Contract Plans,
including revisions made necessary by Addenda, Shop Drawings, and Change Orders during the
construction process. The Contractor shall record the horizontal and vertical locations, in the
plan and profile, of all buried utilities that differ from the locations indicated or which were not
indicated on the Contract Plans and buried (or concealed), construction and utility features which
are revealed during the construction period.
The As-Built Drawings shall be available for inspection by the Engineer at all times during the
progress of the Project.
The As-Built Drawings shall be reviewed by the City Inspector for accuracy and compliance
with the requirements of "As-Built Drawings" prior to submittal of the monthly pay requests.
The pay requests shall be rejected if the marked-up blueline prints do not conform to the "As-
Built Drawings" requirements. As-Built Drawings shall be submitted to the City Inspector for
approval upon completion of the project and prior to acceptance of final pay request.
Prior to placing new potable water mains in service, the Contractor shall provide the Engineer
intersection drawings, as specified for the water mains.
The City's acceptance of the "As-Built Drawings" does not relieve the Contractor of the sole
responsibility for the accuracy and completeness ofthe As-Built Drawings.
6.11.2.1
General
The Contractor shall prepare an "AS-BUILT SURVEY" per chapter 61G17-6, Florida
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 thereofto provide the City
with the required As-Built Survey.
6.11.2.2 Sanitary and Storm Sewer Piping Systems
1. Manholes and inlets shall be located by survey coordinates (northing, easting and elevation)
based on the approved horizontal and vertical datum or utilize the stationing supplied on the
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Section III - General Conditions
construction plans. New sanitary service connections and replaced sanitary service
connections shall be dimensioned to the nearest downstream manhole. All manholes,
cleanouts and catch basin invert and rim elevations, mapllole and catch basin dimensions,
pipe sizes, and pipe material shall also be noted on the plan view and also on the profile if
one exists.
2. Pipe materials and areas of special construction shall be noted.
6.11.2.3 Pressure Pipe construction (Water, Reclaimed Water, Forcemain)
All pipes shall be located by survey coordinates (northing, easting and elevation) based on the
approved horizontal and vertical datum or utilize the stationing supplied on the construction
plans. Coordinates shall be at all pipe bends, tees, valves, reducers, and deflections. Also all new
and replaced service connections for potable and reclaimed water will be located as described
above. Additionally there must be survey coordinates no further than 100 feet apart on linear
type construction and shall denote top of pipe elevation at those points.
6.11.2.4 Electrical and Control Wiring
The as-built drawings shall include all changes to the original Contract Plans. The as-built
drawings shall also include the size, color, and number of wires and conduit. For projects where
this information is too voluminous to be contained on the blueline prints, the Contractor shall
prepare supplemental drawings, on same size sheets as the blueline prints, showing the additional
conduit runs, I-line diagrams, ladder diagrams, and other information. The wiring schematic
diagrams shall show termination location and wiring identification at each point on the ladder
diagram.
6.11.2.5
Horizontal and Vertical Control
The As-Built survey shall be based on the original datum used for the construction design plans
or if required by the City the datum shall be referenced to the North American Datum of 1983/90
(horizontal) and the North American Vertical Datum of 1988. The unit of measurement shall be
the United States Foot. Any deviation or use of any other datum, (horizontal and or vertical),
must be approved by the City of Clearwater Engineering Department.
6.11.2.6
Standards
The As-Built survey shall meet the Minimum Technical Standards per Chapter 61017 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.
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Section III - General Conditions
6.11.3
6.11.3.1
6.11.3.1.1
CAD STANDARDS
Layer Naming
Prefixes and Suffixes
DI prefix denotes digitized or scanned entities
EP prefix denotes existing points - field collected
EX prefix denotes existing entities - line work and symbols
PR prefix denotes proposed entities - line work and symbols
FU prefix denotes future entities (proposed but not part of this contract) -line
work and symbols
TX suffix denotes text - use for all text, no matter the prefix
6.11 3 1 2 L
. . . a' er amlng e Inl Ions:
GAS gas lines and appurtenances
ELEC power lines and appurtenances
PHONE telephone lines and appurtenances
CABLE cable TV lines and appurtenances
BOC curbs
WALK sidewalk
WATER water lines and appurtenances, sprinklers
STORM storm lines and.appurtenances
TREES trees, bushes, planters
SANITARY sanitary lines and appurtenances
FENCE all fences
BLDG buildings, sheds, finished floor elevation
DRNE driveways
EOP edge of pavement without curbs
TRAFFIC signal poles, control boxes
TOPBANK top of bank
TOESLOPE toe of slope
TOPBERM top of berm
TOEBERM toe of berm
SEAWALL seawall
CONCSLAB concrete slabs
N
OfT
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Section II1- General Conditions
WALL walls, except seawall
SHORE shoreline, water elevation
CL centerline of road
CLD centerline of ditch
CLS centerline of swale
CORNER property comers, monumentation
BENCH benchmark, temporary benchmarks
Other layers may be created as required, using above format.
6.11.3.2 Layer Properties
All layers will use standard AutoCAD linetypes, bylayer.
All layers will use standard AutoCAD colors, bylayer.
All text will use standard AutoCAD fonts.
6.11.3.3 Text Styles
Text style for EX layers will use the simplex font, oblique angle of 00, and a text height of .008
times the plot scale.
Text style for PR and FU layers will use the simplex font, oblique angle of 22.50, and a text
height of .010 times the plot scale.
6.11.4 DELlVERABLE5:
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.Mahonv{cV,mvClearwater.com .
6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE
Contractor warrants and guarantees to Owner, Engineer and Engineer's Consultants that all Work
will be in accordance with the Contract Documents and will not be defective. Contractor's
warranty and guarantee hereunder includes defects or damage caused by abuse, vandalism,
modification or operation by persons other than Contractor, Subcontractors or Suppliers. Until
the acceptance of the Work by the Owner, the Work shall be under the charge and care of the
Contractor, and he shall take every necessary precaution against injury or damage to any part
thereofby action of the elements, or from any other cause whatsoever, arising from the execution
or non-execution of the Work. The Contractor shall rebuild, repair and make good, at his own
expense, all injuries or damages to any portion of the Work occasioned by any cause before its
completion and final acceptance by the Owner. In addition, "the Contractor shall remedy any
defects in the work at his own expense and pay for any damage to other work resulting therefrom
which appear within a period of one year from the date of final acceptance".
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Contractor's warranty and guarantee hereunder excludes improper maintenance and operation by
Owner's employees and normal wear and tear under normal lisage for any portion of the Work,
which has been partially accepted by the Owner for operation prior to final acceptance by the
Owner. Contractor's obligation to perform and complete the Work in accordance with the
Contract Documents shall be absolute. None of the following will constitute an acceptance of
Work that is not in accordance with the Contract Documents or a release of Contractor's
obligation to perform the Work in accordance with the Contract Documents: (i) observations by
Engineer, (ii) recommendation of any progress or final payment by Engineer, (iii) the issuance of
a certificate of Substantial Completion or any payment by Owner to contractor under the
Contract Documents, (iv) use or occupancy of the Work or any part thereof by Owner, (v) any
acceptance by Owner or any failure to do so, (vi) any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of Acceptance by the Engineer.
6.13 CONTINUING THE WORK
Contractor shall 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.
6.14 INDEMNIFICATION
Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants and the
officers, directors, employees, agents and other consultants of each and any of them from and
against all claims, costs, losses and damages (including but not limited to all fees and charges of
engineers, architects, attorneys and other professionals and all court or arbitration or other
dispute resolution costs) caused by, arising out of or resulting from the performance of the Work,
provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property (other than the work itself),
including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any
negligent act or omission of Contractor, any Subcontractor, any Supplier, any person directly or
indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose
acts any of them may be liable, regardless of whether or not caused in part by any negligence or
omission of a person or entity indemnified hereunder or whether liability is imposed upon such
indemnified party by Laws and Regulations regardless of the negligence of any such person.
If, through acts of neglect on the part of Contractor, any other Contractor or any Subcontractor
shall suffer loss or damage on the work, Contractor shall settle with such other Contractor or
Subcontractor by agreement or arbitration if such other Contractor or Subcontractor will so
settle. If such other Contractor or Subcontractor shall assert any claim against Owner on such
account of any damage alleged to have been sustained, Owner shall notify Contractor, who shall
indemnify and save harmless Owner against any such claim. In any and all claims against Owner
or Engineer or any of their respective consultants, agents, officers, directors, or employees by
any employee (or the survivor or personal representative of such employee) of Contractor, any
Subcontractor, any
Supplier, any person directly or indirectly employed by any of them to perform or furnish any of
the work, or anyone for whose acts any of them may be liable, the indemnification obligation
under this paragraph shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for Contractor or any such Sub-contractor,
Supplier or other person or organization under workers' compensation acts, disability benefit acts
or other employee benefit acts. The indemnification obligations of Contractor under this
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Section III - General Conditions
paragraph shall not extend to the liability of Engineer and Engineer's Consultants, officers,
directors, employees, or agents caused by the professional negligence, errors or omissions of any
of them.
7 OTHER WORK
7.1 RELATED WORK AT SITE
Owner may perform other work related to the Project at the site by Owner's own forces, or let
other direct contracts therefore which shall contain General Conditions similar to these, or have
other work performed by utility owners. If the fact that such other work is to be performed was
not noted in the Contract Documents, then: (i) written notice thereof will be given to Contractor
prior to starting any such other work, and (ii) Contractor may make a claim therefore if
Contractor believes that such performance will involve additional expense to Contractor or
requires additional time and the parties are unable to agree as to the amount or extent thereof.
Contractor shall afford each other contractor who is a party to such a direct contract and each
utility owner (and Owner, if Owner is performing the additional work with Owner's employees)
proper and safe access to the site and a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such other work and shall properly connect and
coordinate the work with theirs. Unless otherwise provided in the Contract Documents,
Contractor shall do all cutting, fitting and patching of the work that may be required to make its
several parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating, or otherwise altering their work and will
only cut or alter their work with the written consent of Engineer and the others whose work will
be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit
of such utility owners and other contractors to the extent that there are comparable provisions for
the benefit of Contractor in said direct contracts between Owner and such utility owners and
other contractors. Should the Contractor cause damage to any other contractor on the Project, the
contractor agrees, upon due notice, to settle with such contractor by agreement or arbitration, if
he will so settle. If such other contractor sues the Owner on account of any damage alleged to
have been so sustained, the Owner shall notify the Contractor, who shall defend such
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
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otherwise provided in the Supplementary Conditions, Owner shall have sole authority and
responsibility in respect of such coordination.
8 OWNERS RESPONSIBiliTY
Except as otherwise provided in these General Conditions, Owner shall issue all communications
to Contractor through Engineer.
Owner shall furnish the data required of Owner under the Contract Documents promptly and
shall make payments to Contractor promptly when they are due as provided in these General
Conditions.
Owner is obligated to execute Change Orders as indicated in the Article on Changes In The
Work.
Owner's responsibility in respect of certain inspections, tests, and approvals is set forth in the
Article on Tests and Inspections.
In connection with Owner's right to stop work or suspend work, see the Article on Engineer may
Stop the Work. The Article on Suspension of Work and Termination deals with Owner's right to
terminate services of Contractor under certain circumstances.
The Owner shall not supervise, direct or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences or procedures of construction or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the furnishing or performance of the Work. Owner will not be
responsible for Contractor's failure to perform or furnish the Work in accordance with the
Contract Documents.
9 ENGINEER'S STATUS DURING CONSTRUCTION
9.1 OWNERS REPRESENTATIVE
Engineer will be Owner's representative during the construction period. The duties and the
responsibilities and the limitations of authority of Engineer as Owner's representative during
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
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Section III - General Conditions
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 theW ork whether or not the Work is
fabricated, installed or completed.
9.4 SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS
In connection with Engineer's authority as to Shop Drawings and Samples, see articles on Shop
Drawings and Samples. In connection with Engineer's authority as to Change Orders, see the
articles on Changes of Work, Contract Price and Contract Time. In connection with Engineer's
authority as to Applications for Payment, see the articles on Payments to Contractor and
Completion.
9.5 DECISIONS ON DISPUTES
Engineer will be the initial interpreter of the requirements of the Contract Documents and judge
of the acceptability of the work thereunder. Claims, disputes and other matters relating to the
acceptability of the work or the interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the work and Claims under the Articles for
Changes of Work, Changes of Contract Time and Changes of Contract Price will be referred
initially to Engineer in writing with a request for a formal decision in accordance with this
paragraph. Written notice of each such claim, dispute or other matter will be delivered by the
claimant to Engineer and the other party to the Agreement promptly (but in no event later than
thirty days) after the start of the occurrence or event giving rise thereto, and written supporting
data will be submitted to Engineer and the other party within sixty days after the start of such
occurrence or event unless Engineer allows an additional period of time for the submission of
additional or more accurate data in support of such claim, dispute or other matter. The opposing
party shall submit any response to Engineer and the claimant within thirty days after receipt of
the claimant's last submittal (unless Engineer allows additional time). Engineer will render a
fonnal decision in writing within thirty days after receipt of the opposing party's submittal, if
any, in accordance with this paragraph. Engineer's written decision on such claim, dispute or
other matter will be final and binding upon Owner and Contractor unless (i) an appeal from
Engineer's decision is taken within thirty days of the Engineers decision, or the appeal time
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.
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Section III - General Conditions
9.6 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES
Neither Engineer's authority or responsibility under this paragraph or under any other provision
of the Contract Documents nor any decision made by Engineer in good faith either to exercise or
not exercise such authority or responsibility or the undertaking, exercise or performance of any
authority or responsibility by Engineer shall create, impose or give rise to any duty owed by
Engineer to Contractor, any Subcontractor, any Supplier, any other person or organization or to
any surety for or employee or agent of any of them.
Engineer will not supervise, direct, control or have authority over or be responsible for
Contractor's means, methods, techniques, sequences or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the furnishing or performance of the work. Engineer will not be
responsible for Contractor's failure to perform or furnish the work in accordance with the
Contract Documents.
Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor,
any Supplier, or of any other person or organization performing or furnishing any of the work.
Engineer's review of the final Application for Payment and accompanying documentation and all
maintenance and operating instructions, schedules, guarantees, bonds and certificates of
inspection, tests and approvals and other documentation required to be delivered by the
Contractor will only be to determine generally that their content complies with the requirements
of the Contract Documents and, in the case of certificates of inspections, tests and approvals that
the results certified indicate compliance with the Contract Documents.
The limitations upon authority and responsibility set forth in this paragraph shall also apply to
Engineer's Consultants and assistants.
10 CHANGES IN THE WORK
Without invalidating the Agreement and without notice to any surety, Owner may, at any time or
from time to time, order additions, deletions or revisions in the Work. Such additions, deletions
or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change
Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work
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
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Section III - General Conditions
Work under the article for Owner May Correct Defective Work or (iii) agreed to by the
parties;
changes in the Contract Price or Contract Time which are agreed to by the parties; and
changes in the Contract Price or Contract Time which embody the substance of any written
decision rendered by Engineer pursuant to the article for Decisions on Disputes;
provided that, in lieu of executing any such Change Order, an appeal may be taken from any
such decision in accordance with the provisions of the Contract Documents and applicable
Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and
adhere to the progress schedule as provided in the article for Continuing the Work.
If notice of any change affecting the general scope of the work or the provisions of the Contract
Documents (including, but not limited to, Contract Price or Contract Time) is required by the
provisions of any Bond to be given to a surety, the giving of any such notice will be Contractor's
responsibility, and the amount of each applicable Bond will be adjusted accordingly.
11 CHANGES IN THE CONTRACT PRICE
11.1 CHANGES IN THE CONTRACT PRICE
The Contract Price constitutes the total compensation (subject to authorized adjustments)
payable to Contractor for performing the Work. All duties, responsibilities and obligations
assigned to or undertaken by Contractor shall be at Contractor's expense without change in the
Contract Price. The Contract Price may only be adjusted by a Change Order or by a Written
Amendment. Any claim for an adjustment in the Contract Price shall be based on a written notice
of claim stating the general nature of the claim, to be delivered by the party making the claim to
the other party and to Engineer promptly (but in no event later than thirty days) after the start of
the occurrence or event giving rise to the claim. Notice of the amount of the claim with
supporting data shall be delivered within sixty days after the start of such occurrence or event
(unless Engineer allows additional time for claimant to submit additional or more accurate data
in support of the claim) and shall be accompanied by claimant's written statement that the
claimed adjustment covers all known amounts to which the claimant is entitled as a result of said
occurrence or event. No claim for an adjustment in the Contract Price will be valid if not
submitted in accordance with this paragraph. The value of any Work covered by a Change Order
or of any claim for an adjustment in the Contract Price will be determined as follows: (i) where
the Work involved is covered by unit prices contained in the Contract Documents, by application
of such unit prices to the quantities of the items involved (ii) where the Work involved is not
covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum
(which may include an allowance for overhead and profit), (iii) where the Work is not covered
by unit prices contained in the Contract Documents and agreement is reached to establish unit
prices for the Work.
11.2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT
It is understood that Contractor has included in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered to be furnished and performed for such
sums as may be acceptable to Owner and Engineer. Contractor agrees that: (i) the allowances
include the cost to Contractor (less any applicable trade discounts) of materials and equipment
required by the allowances to be delivered at the Site, and all applicable taxes; and (ii)
Contractor's costs for unloading and handling on the site, labor, installation costs, overhead,
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profit and other expenses contemplated for the allowances have been included in the Contract
Price and not in the allowances and no demand for additional payment on account of any of the
foregoing will be valid.
Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer
to reflect actual amounts due Contractor on account of Work covered by allowances and all the
Work actually performed by the Contractor, and the Contract Price shall be correspondingly
adjusted.
11.3 UNIT PRICE WORK
Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the established unit price for each separately identified item of unit price work times
the estimated quantity of each item as indicated in the Agreement. The estimated quantities of
items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of
Bids and determining an initial Contract Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by Contractor will be made by Engineer. Each unit
price will be deemed to include an amount considered by Contractor to be adequate to cover
Contractor's overhead and profit for each separately identified item. Owner or Contractor may
make a claim for an adjustment in the Contract Price if: (i) the quantity of any item of Unit Price
Work performed by Contractor differs materially and significantly from the estimated quantity of
such item indicated in the Contract Documents; and (ii) there is no corresponding adjustment
with respect to any other item of Work; and (iii) if Contractor believes that Contractor is entitled
to an increase in Contract Price as a result of having incurred additional expense or Owner
believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree
as to the amount of any such increase or decrease. On unit price contracts, the Owner endeavors
to provide adequate unit quantities to satisfactorily complete the construction of the project. It is
expected that in the normal course of project construction and completion that not all unit
quantities will be used in their entirety and that a finalizing change order which adjusts contract
unit quantities to those unit quantities actually used in the construction of the project will result
in a net decrease from the original Contract Price. Such reasonable deduction of final Contract
Price should be anticipated by the Contractor in his original bid.
12 CHANGES IN THE CONTRACT TIME
The Contract Time (or Milestones) may only be changed by a Change Order or a Written
Amendment. Any claim for an adjustment of the Contract Time (or Milestones) shall be based on
written notice delivered by the party making the claim to the other party and to Engineer
promptly (but in no event later than thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice of the extent of the claim with
supporting data shall be delivered within sixty days after such occurrence (unless Engineer
allows an additional period of time to ascertain more accurate data in support of the claim) and
shall be accompanied by the claimant's written statement that the adjustment claimed is the entire
adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence
of said event. All claims for adjustment in the Contract Time (or Milestones) shall be determined
by Engineer. No claim for an adjustment in the Contract Time (or Milestones) will be valid if not
submitted in accordance with the requirements of this paragraph.
All time limits stated in the Contract Documents are of the essence of the Agreement.
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Section III - General Conditions
Where Contractor is prevented from completing any part of the work within the Contract Time
(or Milestones) due to delay beyond the .control of Contractor, the Contract Time (or Milestones)
may be extended in an amount equal to the time lost due to such delay if a claim is made
therefore as provided in the article for Changes in the
Work. Delays beyond the control of Contractor shall include, but not be limited to, acts by
Owner, acts of utility owners or other contractors performing other work as contemplated by the
article for Other Work, fires, floods, epidemics, abnormal weather conditions or acts of God.
Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be
delays within the control of Contractor.
Where Contractor is prevented from completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of both Owner and Contractor, an extension of
the Contract Time (or Milestones) in an amount equal to the time lost due to such delay shall be
Contractor's sole and exclusive remedy for such delay. In no event shall Owner be liable to
Contractor, any Subcontractor, any Supplier, any other person, or to any surety for or employee
or agent of any of them, for damages arising out of or resulting from (i) delays caused by or
within the control of Contractor, or (ii) delays beyond the control of both parties including but
not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts by utility
owners or other contractors performing other work as contemplated by paragraph for Other
Work.
13 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
13.1 TESTS AND INSPECTION
Contractor shall give Engineer timely notice of readiness of the Work for all required
inspections, tests or approvals, and shall cooperate with inspection and testing personnel to
facilitate required inspections or tests.
Contractor shall employ and pay for the services of an independent testing laboratory to perform
all inspections, tests, or approvals required by the Contract Documents. The costs for these
inspections, tests or approvals shall be borne by the Contractor except as otherwise provided in
the Contract Documents.
If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested or approved by an employee or other representative of such
public body including all City Building Departments and City Utility Departments, Contractor
shall assume full responsibility for arranging and obtaining such inspections, tests or approvals,
pay all costs in connection therewith, and furnish Engineer the required certificates of inspection
or approval. Unless otherwise stated in the Contract Documents, City permit and impact fees will
be waived. Contractor shall also be responsible for arranging and obtaining and shall pay all
costs in connection with any inspections, tests or approvals required for Owner's and Engineer's
acceptance of materials or equipment to be incorporated in the Work, or of materials, mix
designs, or equipment submitted for approval prior to Contractor's purchase thereof for
incorporation of the Work.
If any Work (or the work of others) that is to be inspected tested or approved is covered by
Contractor without written concurrence of Engineer, it must, if requested by Engineer, be
uncovered for observation. Uncovering Work as provided in this paragraph shall be at
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Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention
to cover the same and Engineer has not acted with reasonable promptness in response to such
notice.
13.2
UNCOVERING THE WORK
If any Work is covered contrary to the written request of Engineer, it must, if requested by
Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense.
If Engineer considers it necessary or advisable that covered Work be observed by Engineer or
inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose or
otherwise make available for observation, inspection or testing as Engineer may require, that
portion of the Work in question, furnishing all necessary labor, material and equipment. If it is
found that such Work is defective, Contractor shall pay all claims, costs, losses and damages
caused by, arising out of or resulting from such uncovering, exposure, observation, inspection
and testing and of satisfactory replacement or reconstruction (including but not limited to all
costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate
decrease in the Contract Price for the costs of the investigation, and, if the parties are unable to
agree as to the amount thereof, may make a claim therefore as provided in the article for Change
in Contract Price. If, however, such Work is not found to be defective, Contractor shall be
allowed an increase in the Contract Price or an extension of the Contract Time (or Milestones),
or both, directly attributable to such uncovering, exposure, observation, inspection, testing,
replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent
thereof, Contractor may make a claim therefore as provided the article for Change in Contract
Price and Change of Contract Time.
13.3 ENGINEER MAY STOP THE WORK
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to furnish or perform the Work in such a way that the completed
Work will conform to the Contract Documents, Engineer may order Contractor to stop the Work,
or any portion thereof, until the cause for such order has been eliminated; however, this right of
Engineer to stop the Work shall not give rise to any duty on the part of Engineer or Owner to
exercise this right for the benefit of Contractor or any surety or other party. If the Engineer stops
Work under this paragraph, Contractor shall be entitled to no extension of Contract Time or
increase in Contract Price.
13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK
If required by Engineer, Contractor shall promptly, as directed, either correct all defective Work,
whether or not fabricated, installed or completed, or, if the Work has been rejected by Engineer,
remove it from the site and replace it with Work that is not defective. Contractor shall pay all
claims, costs, losses and damages caused by or resulting from such correction or removal
(including but not limited to all costs of repair or replacement of work of others).
1.3.5 WARRANTY/CORRECTION PERIOD
If within one year after the date of Substantial Completion or such longer period of time as may
be prescribed by Laws or Regulations or by the terms of any applicable special guarantee
required by the Contract Documents or by any specific provision of the Contract Documents, any
Work is found to be defective, Contractor shall promptly, without cost to Owner and in
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accordance with Owner's written instructions; (i) correct such defective Work, or, if it has been
rejected by Owner, remove it from the site and replace it with Work that is not defective and (ii)
satisfactorily correct or remove and replace any damage to other Work or the work of others
resulting therefrom. If Contractor does not promptly comply with the terms of such instructions,
or in an emergency where delay would cause serious risk of loss or damage, Owner may have the
defective Work corrected or the rejected. Work removed and replaced, and all claims, costs,
losses and damages caused by or resulting ::from such removal and replacement (including but not
limited to all costs of repair or replacement of work of others) will be paid by Contractor.
In special circumstances where a particular item of equipment is placed in continuous service
before Final Completion of all the Work, the correction period for that item may start to run from
an earlier date if specifically and expressly so provided in the Specifications or by Written
Amendment.
Where defective Work (and damage to other Work resulting therefrom) has been corrected,
removed or replaced under this paragraph the correction period hereunder with respect to such
Work will be extended for an additional period of one year after such correction or removal and
replacement has been satisfactorily completed.
13.6 ACCEPTANCE OF DEFECTIVE WORK
If, instead of requiring correction or removal and replacement of defective Work, Owner prefers
to accept it, Owner may do so.
Contractor shall pay all claims, costs, losses and damages. attributable to Owner's elOaluation of
and determination to accept such defective Work (such costs to be approved by Engineer as to
reasonableness). If any such acceptance occurs prior to Engineer's recommendation of final
payment, a Change Order will be issued incorporating the necessary revisions in the Contract
Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in
the Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may
make a claim therefore as provided in article for Change of Contract Price. If the acceptance
occurs after the Engineer's recommendation for final payment an appropriate amount will be paid
by Contractor to Owner.
13.7 OWNER MAY CORRECT DEFECTIVE WORK
If Contractor fails within a reasonable time after written notice from Engineer to correct
defective Work or to remove and replace rejected Work as required by Engineer in accordance
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
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such rights and remedies will be charged against Contractor and a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to the Work; and
Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are
unable to agree as to the amount thereof, Owner may make a claim therefore as provided in the
article for Change of Contract Price. Such claims, costs, losses and damages will include but not
be limited to all costs of repair or replacement of work of others destroyed or damaged by
correction, removal or replacement of Contractor's defective Work. Contractor shall not be
allowed an extension of the Contract Time (or Milestones) because of any delay in the
performance of the Work attributable to the exercise by Owner of Owner's rights and remedies
hereunder.
14 PAYMENTS TO CONTRACTOR AND COMPLETION
Progress payments on account of Unit Price Work will be based on the number of units
completed. .
14.1 APPLICATION FOR PROGRESS PAYMENT
Contractor shall submit (not more often than once a month) to Engineer for review an
Application for Payment filled out and signed by Contractor covering the Work completed as of
the 25th of each month and accompanied by such supporting documentation as is required by the
Engineer and the Contract Documents. Unless otherwise stated in the Contract Documents,
payment will not be made for materials and equipment not incorporated in the Work. Payment
will only be made for that portion of the Work, which is fully installed including all materials,
labor and equipment. A retainage of not less than five (5%) of the amount of each Application
for Payment for the total of all Work completed to date will be held until final completion and
acceptance of the Work covered in the Contract Documents. No progress payment shall be
construed to be acceptance of any portion of the Work under contract.
In addition to all other payment provisions set out in this contract, the Engineer may require the
Contractor to produce for the Owner, within fifteen days of the approval of any progress
payment, evidence and/or payment affidavit that all subcontractors and suppliers have been paid
any sum or sums then due. A failure on the part of the contractor to provide the report as required
herein shall result in further progress or partial payments being withheld until the report is
provided.
14.2 CONTRACTOR'S WARRANTY OF TITLE
Contractor warrants and guarantees that title to all Work, materials and equipment covered by
any Application for Payment, whether incorporated in the Project or not, will pass to Owner no.
later than the time of payment, free and clear of liens. No materials or supplies for the Work shall
be purchased by Contractor or Subcontractor subject to any chattel mortgage or under a
conditional sale contact or other agreement by which an interest is retained by the seller.
Contractor warrants that he has good title to all materials and supplies used by him in the Work,
free from all liens, claims or encumbrances. Contractor shall indemnify and save Owner
harmless from all claims growing out of the lawful demands of Subcontractors, laborers,
workmen, mechanics, materialmen, and furnisher's of machinery and parts thereof, equipment,
power tools, and all supplies incurred in the furtherance of the performance of this Contract.
Contractor shall at Owner's request, furnish satisfactory evidence that all obligations of the
nature hereinabove designated have been paid, discharged, or waived. If Contractor fails to do
so, then Owner may, after having served written notice on said Contractor either pay unpaid
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Section III - General Conditions
bills, of which Owner has written notice, or withhold from the Contractor's unpaid compensation
a sum of money deemed reasonably sufficient to pay any and all such lawful claims until
satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon
payment to Contractor shall be resumed in accordance with the terms of this Contract, but in no
event shall the provisions of this sentence be construed to impose any obligations upon Owner to
the Contractor or the Surety. In paying any unpaid bills of the Contractor, Owner shall be
deemed the agent of Contractor and any payment so made by Owner shall be considered as
payment made under the Contract by Owner to Contractor, and Owner shall not be liable to
Contractor for any such payment made in good faith.
14.3
REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS
Engineer will within twenty days after receipt of each Application for payment, either indicate a
recommendation of payment and present Application to Owner, or return the Application to
Contractor indicating Engineer's reasons for refusing to recommend payment. In the latter case,
Contractor may make the necessary corrections and resubmit the Application. Engineer may
refuse to recommend the whole or any part of any payment to the Owner. Engineer may also
refuse to recommend any such payment, or, because of subsequently discovered evidence or the
results of subsequent inspections or test, nullify any such payment previously recommended, to
such extent as may be necessary in Engineer's opinion to protect Owner from loss because: (i)
the Work is defective, or completed Work has been damaged requiring correction or
replacement, (ii) the Contract Price has been reduced by amendment or Change Order, (iii)
Owner has been required to correct defective Work or complete Work, or (iv) Engineer has
actual knowledge of the occurrence of any of the events enumerated in the article on Suspension
of Work and Termination.
Owner may refuse to make payment of the full amount recommended by the Engineer because:
(i) claims have been made against Owner on account of Contractor's performance or furnishing
of the Work, (ii) Liens have been filed in connection with the Work, except where Contractor has
delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of such
Liens, (iii) there are other items entitling Owner to a set-off against the amount recommended, or
(iv) Owner has actual knowledge of any of the events described in this paragraph. The Owner
shall give Contractor immediate notice of refusal to pay with a copy to the Engineer, stating the
reasons for such actions, and the Owner shall promptly pay Contractor the amount so withheld,
or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to
Owner's satisfaction the reasons for such action.
14.4 PARTIAL UTILIZATION
Use by Owner at Owner's option of any substantially completed part of the Work which (i) has
specifically been identified in the Contract Documents, or (ii) Owner, Engineer and Contractor
agree constitutes a separately functioning and usable part of the Work that can be used by Owner
for its intended purpose without significant interference with Contractor's performance of the
remainder of the Work, may be accomplished prior to Final Completion of all the Work subject
to the following:
Owner at any time may request Contractor in writing to permit Owner to use any such part of the
Work which Owner believes to be ready for its intended use and substantially complete. If
Contractor agrees that such part of the Work is substantially complete, Contractor will certify to
Owner and Engineer that such part of the Work is substantially complete and request Engineer to
issue a certificate of Substantial Completion for that part of the Work. Contractor at any time
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may notify Owner and Engineer in writing that Contractor considers any such part of the Work
ready for its intended use and substantially complete and request Engineer to issue a certificate
of Substantial Completion for that part of the Work. Within a reasonable time after either such
request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to
determine its status of completion. If Engineer does not consider that part of the Work to be
substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons
therefore. If Engineer considers that part of the Work to be substantially complete, the provisions
of the articles for Substantial Completion and Partial Utilization will apply with respect to
certification of Substantial Completion of that part of the Work and the division of responsibility
in respect thereof and access thereto.
14.5 FINAL INSPECTION
Upon written notice from Contractor that the entire Work or an agreed portion thereof is
complete, Engineer will make a final inspection with Owner and Contractor and will notify
Contractor in writing of all particulars in which this inspection reveals that the Work is
incomplete or defective. Contractor shall immediately take such measures as are necessary to
complete such Work or remedy such deficiencies.
14.6 FINAL APPLICATION FOR PAYMENT
After Contractor has completed all such corrections to the satisfaction of Engineer and has
delivered in accordance with the Contract Documents all maintenance and operating instructions,
schedules, guarantees, Bonds, certificates or other evidence of insurance required by the
paragraph for Bonds and Insurance, certificates of inspection, marked-up record documents as
may be required in the Contract Documents and other documents, Contractor may make
application for final payment following the procedure for progress payments. The final
Application for Payment shall be accompanied (except as previously delivered) by: (I) all
documentation called for in the Contract Documents, including but not limited to the evidence of
insurance required by paragraph for Bonds and Insurance, (ii) consent of the surety, if any or if
necessary, to final payment, and (iii) complete and legally effective releases or waivers
(satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. In lieu of
such releases or waivers of Liens and as approved by Owner, Contractor may furnish receipts or
releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor,
services, material arid equipment for which a Lien could be filed, and (ii) all payrolls, material
and equipment bills and other indebtedness connected with the Work for which Owner or
Owner's property might in any way be responsible have been paid or otherwise satisfied. If any
Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish
a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien.
Prior to application for final payment, Contractor shall clean and remove from the premises all
surplus and discarded materials, rubbish, and temporary structures, and shall restore in an
acceptable manner all property, both public and private, which has been damaged during the
prosecution of the Work, and shall leave the Work in a neat and presentable condition.
14.7 FINAL PAYMENT AND ACCEPTANCE
If through no fault of Contractor, final completion of the Work is significantly delayed and if
Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for payment
and recommendation of Engineer, and without terminating the Agreement, make payment of the
balance due for that portion of the Work fully completed and accepted. If the remaining balance
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Section III - General Conditions
to be held by Owner for Work not fully completed or corrected is less than the retainage
stipulated in the Agreement, and if Bonds have been furnished as required in paragraph for
Bonds and Insurance, the written consent of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer
with the Application for such payment. Such payment shall be made under the terms and
conditions governing final payment, except that such payment shall not constitute a waiver of
claims.
If on the basis of Engineer's observation of the Work during construction and final inspection,
and Engineer's review of the final Application for Payment and accompanying documentation,
all as required by the Contract Documents, Engineer is satisfied that the Work has been
completed and Contractor's other obligations under the Contract Documents have been fulfilled,
Engineer will indicate in writing his recommendation of payment and present the Application to
Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that
the Work is acceptable subject to the provisions of this article. Otherwise, Engineer will return
the Application to Contractor, indicating in writing the reasons for refusing to recommend final
payment, in which case Contractor shall make the necessary corrections and resubmit the
Application. If the Application and accompanying documentation are appropriate as to form and
substance, Owner shall, within sixty-five days after receipt thereof pay contractor the amount
recommended by Engineer.
14.8 WAIVER OF CLAIMS
The making and acceptance of final payment will constitute: a waiver of all claims by Owner
against Contractor, except claims arising from unsettled Liens, from defective Work appearing
after final inspection, from failure to comply with the Contract Documents or the terms of any
special guarantees specified therein, or from Contractor's continuing obligations under the
Contract Documents; and a waiver of all claims by Contractor against Owner other than those
previously made in writing and still unsettled.
15 SUSPENSION OF WORK AND TERMINATION
15.1 OWNER MAY SUSPEND THE WORK
At any time and without cause, Engineer may suspend the Work or any portion thereof for a
period of not more than ninety days by notice in writing to Contractor, which will fix the date on
which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor
shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or
both, directly attributable to any such suspension if Contractor makes an approved claim
therefore as provided in the articles for Change of Contract Price and Change of Contract Time.
15.2 OWNER MAY TERMINATE
Upon the occurrence of anyone or more of the following events; if Contractor persistently fails
to perform the work in accordance with the Contract Documents (including, but not limited to,
failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere
to the progress schedule as adjusted from time to time);
if Contractor disregards Laws and Regulations of any public body having jurisdiction;
if Contractor disregards the authority of Engineer;
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if Contractor otherwise violates in any substantial way any provisions of the Contract
Documents; or if the Work to be done under this Contract is abandoned, or if this
Contract or any part thereof is sublet, without the previous written consent of Owner, or
if the Contract or any claim thereunder is assigned by Contractor otherwise than as
herein specified, or at any time Engineer certifies in writing to Owner that the rate of
progress of the Work or any part thereof is unsatisfactory or that the work or any part
thereof is unnecessarily or unreasonably delayed.
Owner may, after giving Contractor (and the surety, if any), seven days' written notice and, to the
extent permitted by Laws and Regulations, terminate the services of Contractor, exclude
Contractor from the site and take possession of the Work and of all Contractor's tools,
appliances, construction equipment and machinery at the site and use the same to the full extent
they could be used by Contractor (without liability to Contractor for trespass or conversion),
incorporate in the Work all materials and equipment stored at the site or for which Owner has
paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem
expedient. In such case Contractor shall not be entitled to receive any further payment until the
Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and
damages sustained by Owner arising out of or resulting from completing the Work such excess
will be paid to Contractor.
If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the
difference to Owner. Such claims, costs, losses and damages incurred by Owner will be reviewed
by Engineer as to their reasonableness and when so approved by Engineer incorporated in a
Change Order, provided that when exercising any rights or remedies under this paragraph Owner
shall not be required to obtain the lowest price for the Work performed.
Where Contractor's services have been so terminated by Owner, the termination will not affect
any rights or remedies of Owner against Contractor then existing or which may thereafter accrue.
Any retention or payment of moneys due Contractor by Owner will not release Contractor from
liability.
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.
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Section III - General Conditions
15.3 CONTRACTOR MAY STOP WORK OR TERMINATE
If, through, no act or fault of Contractor; the Work is suspended for a period of more than ninety
days by Owner or under an order of court or other public authority, or Engineer fails to act on
any Application for Payment within sixty days after it is submitted or Owner fails for sixty days
to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days'
written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such
suspension or failure within that time, terminate the Agreement and recover from Owner
payment on the same terms as provided in the article for Owner May Terminate. However, if the
Work is suspended under an order of court through no fault of the Owner, the Contractor shall
not be entitled to payment except as the Court may direct. In lieu of terminating the Agreement
and without prejudice to any other right or remedy, if Engineer has failed to act on an
Application for Payment within thirty days after it is submitted, or Owner has failed for thirty
days to pay Contractor any sum finally determined to be due, Contractor may upon seven day's
written notice to Owner and Engineer stop the Work until payment of all such amounts due
Contractor. The provisions of this article are not intended to preclude Contractor from making
claim under paragraphs for Change of Contract Price or Change of Contract Time or otherwise
for expenses or damage directly attributable to Contractor's stopping Work as permitted by this
article.
16 DISPUTE RESOLUTION
If and to the extent that Owner and Contractor have agreed on the method and procedure for
resolving disputes between them that may arise under this Agreement, such dispute resolution
method and procedure will proceed. If no such agreement on the method and procedure for
resolving such disputes has been reached, subject to the provisions ofthe 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.
17.2 GIVING NOTICE
Whenever any provision of the Contract Documents requires the giving of written notice, notice
will be deemed to have been validly given if delivered in person to the individual or to a member
of the firm or to an officer of the corporation for whom it is intended, or if delivered or sent by
registered or certified mail, postage prepaid, to the last business address known to the giver of
the notice.
17.3 NOTICE OF CLAIM
Should Owner or Contractor suffer injury or damage to person or property because of any error,
omission or any act of the other party or of any of the other party's officers, employees or agents
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Section IIl- General Conditions
or others for whose acts the other party is legally liable, claim will be made in writing to the
other party within a reasonable time of the first observance of such injury or damage. The
provisions of this paragraph shall not be construed as a substitute for or a waiver of the
provisions of any applicable statute of limitations or repose.
17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED
Whenever reference is made to "claims, costs, losses and damages," the phrase shall include in
each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other
professionals and all court or other dispute resolution costs.
17.5 ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any rights thereunder without
the approval of the Owner, nor without the consent of surety unless the surety has waived its
rights to notice of assignment.
17.6 RENEWAL OPTION
Annual Contracts issued through the Engineering Department may be renewed for up to two (2)
years, upon mutual consent of both the City and the Contractor/Vendor. 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 the Engineering
Department.
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SECTION IV
TECHNICAL
SPECIFICA TIONS
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SECTION IV - TECHNICAL SPECIFICA TIONS
1. SCOPE OF WORK: REFURBISHMENT OF PEDESTRIAN BRIDGE UNDER FDOT
BRIDGE #150043
PROJECT NUMBER: 07-0024-EN
1 - GENERAL:
The purpose of this contract consists of full removal & replacement of the existing paint coating
system on the steel superstructure of the Mandalay Channel pedestrian/bicycle underpass. The
underpass is located under the S.R. 601Memorial Causeway Blvd. FOOT vehicular bridge
#150043, north of the existing City fishing pier at Clearwater Beach, Florida. The painted steel
bridge is a three (3) span structure, supported by concrete pile caps, with pre-cast piles. The total
length of the bridge is j; 146 feet with a concrete walkway deck of 10 feet wide, and a main span
that measures j; 85 feet. This bridge spans Florida outstanding water, and as such, all cleaning
and coating debris must be contained. Consequently, environmental protection during existing
paint coating removal and recoating of the underpass is a key consideration for this project.
Cleanina. Surface PreDaration & Coatina - This specification provides the requirements for the
cleaning, surface preparation, and application of a new high performance coating system to the
Mandalay Channel pedestrian underpass. The structure is owned and maintained by the City of
Clearwater. Cleaning includes removal of dirt, corrosion products, and chlorides from the bridge
surfaces. Surface preparation shall be by abrasive blast cleaning. The new coating system will
consist of a three (3) coat high performance system, which shall be applied in accordance with
Manufacturer's coating instructions and recommendations, and these specifications.
The pedestrian underpass spans Mandalay Channel, a tidal body of water, which has been
identified as "Florida Outstanding Water'. Containments shall be designed and used to collect
wash water, abrasives, paint chips, debris, coating materials, thinners and other project related
materials from entering the water through spills, releases or deposition from airborne materials.
Coating samples removed from the underpass were tested for lead, chromium and cadmium
content. The results are provided for information only. The Contractor shall be solely responsible
for the assessment and control of hazards to which his employees and Subcontractor's employees
may be exposed.
Samole
Cord, exterior face
Cord, top surface
Handrail, bottom rail
Lead. oorn
Less than DL **
Less than DL
Less than DL
Chromium. oom*
65.5
30.1
69.8
Cadmium. oom
Less than DL
Less than DL
Less than DL
* - Total chromium. The analysis did not determine hexavalent chromium content.
** - Detection Limit. DL for lead = 74.4 ppm; chromium = 29.8 ppm
2 - MA TERIALS:
2. 1 - Coatina System - All coating materials shall be provided by the same Manufacturer and
consist of the following:
Primer.
Zinc Rich Epoxy, SSPC-Paint 20, Type II
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Intermediate: High-Build Epoxy, SSPC Paint 22, Intermediate
Finish: Acrylic Aliphatic Polyurethane, SSPC Paint 36, Level 3
Spot Primer. 100% solids penetrating epoxy sealer
Coating products & systems suitable for the requirements of this specification are listed in Table 1.
Coating Manufacture's products are provided to demonstrate the material "standard of quality"
required and should not be construed as the only source of acceptable products. Submit proposed
systems to the Engineer for acceptance. .
2.2 - Thinners & Cleaners - Use thinners and cleaners listed on the Manufacturer's published
product data sheet.
2.3 - SealinalCaulkina - Use sealants and caulk that are paint-able, compatible with the coating
system, and are recommended by the coating manufacturer as part of the coating system. The
products provided in Table 1 demonstrate the material "standard of quality' required.
2.4 - Soluble Salts Test Materials - Test for soluble salts using an extraction method in accordance
with SSPC-Guide 15, Field Methods for Retrieval & Analysis of Soluble Salts on Steel & Other
Nonporous Substrates. Use a Class A retrieval method. Ensure that the test sleeve or cell is
suitable for testing smooth, pitted, and rough surfaces.
2.5 - Abrasives - Provide abrasive that is properly sized to achieve the specified cleanliness and
anchor profile. Use abrasives that meet the requirements of SSPC-AB 1, Mineral and Slag
Abrasives, or SSPC-AB 3, Newly Manufactured or Re-Manufactured Steel Abrasive, as applicable.
Provide the Engineer with the abrasive Manufacturer's certification that the abrasives comply with
SSPC-AB1 or SSPC-AB3, including a statement that new abrasives do not contain any chlorides
and other salts. Ensure that all recycled abrasive used on site meets the requirements of SSPC-
AB 2, Cleanliness of Recycled Ferrous Metallic Abrasives. Verify compliance with the conductivity
and cleanliness requirements of SSPC-AB 2 after each recycling, or more frequently if required by
the Engineer.
2.6 - Substitution - All requests for material substitution or alternative materials shall be submitted
in writing to the Engineer. Provide all submittal information, data demonstrating the substitution is
of the same generic class of coating, that it is chemically equivalent or better quality, that the
performance (corrosion protection and color/gloss retention) is equivalent or superior to the
specified material, and the technical basis for the substitution.
3 - EQUIPMENT:
3.1 - Comoressed Air - The Contractor shall use a compressed air system capable of delivering
clean, dry air, as determined in accordance with ASTM D4285, Standard Test Method for
Indicating Oil or Water in Compressed Air, at sufficient volume and pressure to achieve the
required surface cleanliness and profile or spray pattern.
3.2 - Abrasive Blastina System - Design the blasting system to produce the specified cleanliness
and profile.
3.3 - Coatina Aoolication System - Use only coating application equipment meeting the Coating
Manufacturer's instructions and technical data requirements.
4 - ENVIRONMENTAL. HEAL TH & SAFETY REQUIREMENTS:
The Contractor shall isolate the work areas with containment devices, canvasses, tarpaulins or
screens, during all cleaning and coating operations. Dispose of all debris and waste products
generated in accordance with all Federal, State, County, and Local regulations. Requirements are
covered in Sections 13 & 14.
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5 - QUALITY CONTROL:
5.1 - Field Preoaration and Aoolication - The Contractor shall provide a copy of the Corporate
Quality Control Plan approved by SSPC under the SSPC-QP1 certification, and a project specific
Quality Control (QC) plan to the Engineer within 14 calendar days of the contract award.
5.2 - Insoection Eauioment - Ensure that all inspection equipment is maintained in accordance with
the Manufacturer's instructions, calibrated, and in good working condition.
5.3 - Access - Furnish and erect platforms and scaffolding to the satisfaction of the Engineer to
facilitate safe inspection of all surface preparation and coating application. Ensure that all activities
are observed and approved by a qualified coatings inspector (see Section 6).
5.4 - Insoection Reoorts - Maintain daily inspection and progress reports at the job site for review
by the Engineer. Tum the reports over to the Engineer upon completion of the project, or more
frequently qS requested.
6 - QUALlRCA TIONS & CERTIRCA nONS:
6.1 - Contractor or Sub-Contractor Qualifications - Prior to contract award, the Contractor shall
provide documentation to the Engineer that the Sub-contractor performing surface preparation and
coating application is certified to the requirements of SSPC-QP1.
6.2- Field QualitvControl Personnel Qualifications - The Contractor shall provide documentation to
the Engineer that all personnel performing coating quality control inspections are at a minimum
NACE Coating Inspector Levell - Certified, or BCI Levell - Certified, and that they report directly
to a Corporate Quality Control Manager.
6.3 - Certifications - Certifications must be maintained for the duration of the contract. If a
certification expires, the firm or individual will not be allowed to perform any work until the
certification is reissued, or the individual or firm is replaced. Requests for extension of time for any
delay to the completion of the project due to an inactive certification will not be considered and
liquidated damages will. apply. Immediately notify the Engineer of any change in Contractor's
personnel certification status.
7. SURFACE PREPARA TION:
7.1 - Protection & Ambient Conditions - The Contractor shall sequence the surface preparation and
coating operations so that freshly applied coatings will not be contaminated by dust or foreign
matter. Protect all equipment and adjacent surfaces not to be coated from surface preparation
operations. In the event that any rusting or contamination occurs after the completion of surface
preparation, clean the surfaces again to the initial requirements. Do not conduct final surface
preparation unless the steel surface temperature is at least 50 F above the dew point.
7.2 - Surface Cleanina - Ensure all surfaces to be coated are clean, dry, and free from oil, grease,
dirt, dust, soluble salts, or any other surface contaminants using the methods specified in Table
7.1.
7.3 - Deareasina - Degrease by solvent cleaning, detergent washing, or steam cleaning in
accordance with SSPC-SP1, Solvent Cleaning.
7.4 - Washina - Wash all surfaces by low-pressure water cleaning (LPWC) of SSPC-SP12,
Surface Preparation & Cleaning of Steel, and Other Hard Materials by High & Ultrahigh-Pressure
Water Jetting prior to recoating. Use ootable water and a minimum water cleaning pressure of
2,300 psi. Contain and collect wash water.
7.5 - Soluble Salts Detection & Removal - Determine the chloride, sulfate & ferrous iron
concentrations on washed surfaces. Test 5 areas where corrosion has formed, and 5 random
surfaces designated by the Engineer.
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7.6 - Soluble Salt Cleanliness - Re-c1ean surfaces where soluble salt levels exceed the 22 levels in
SSPC-SP12, Table A1, NV-2, that requires less than 7 1J9/cm2 of chloride, less than 10 IJg/cm2 of
soluble ferrous ion, and less than 17 IJg/cm2 of sulfate.
7. 7 - Additional Measurements & Cleanina - Should the measured concentrations exceed the limits
of this section, re-clean the area and retest for soluble salts at the frequency required above. If
- additional water washing does not reduce the soluble salt concentration to the acceptable levels, a
surface treatment or water additive may be used. Before use, ensure the surface treatment or
additive is approved. by the. Coating System supplier and the Engineer.
Table 7.1. Cleanina and Surface Pre/Jaration Reauirements*
Cleaning Washing Abrasive Blast Power Tool Hand Tool
Cleanina Cleanina Cleanina
Remove & SSPC-SP1 SSPC-SP12 SSPC-SP10 SSPC-SP11 N/A
Replace
Repair & SSPC-SP1 SSPC-SP12 SSPC-SP10 SSPC-SP3a SSPC-SP2
Touch-up SSPC-SP11
7.8 - Abrasive Blastina of Structural Steel- The Contractor shall prepare steel by abrasive blasting
to SSPC-SP10, Near White Blast Cleaning. Use SSPC-VIS1, Visual Standard for Abrasive Blast
Cleaned Steel (Standard Reference Photographs) as an aid in establishing the cleanliness.
- The Contractor shall retest areas of previous corrosion for the presence of soluble salts (see 7.5)
if corrosion was present.
- Re-clean as necessary to achieve the soluble salt levels at or below the limits provided in 7.6
prior to painting.
- Remove all abrasive residues, deposits of oil and grease or other contaminants from the surface,
leaving it clean and dry prior to the application of coatings. After blast cleaning, ensure the surface
profile of 1.0 t03,5 mils unless the coating Manufacturer's requirements are more restrictive.
Determine the abrasive profile using replica tape in accordance with ASTM 04417, Standard Test
Methods for Field Measurement of Surface Profile of Blast Cleaned Steel, Method C.
- In the event that blasting operations produce holes, or cause distortion of the substrate, cease
blast cleaning operations and promptly notify the Engineer.
Perform all abrasive blasting within a containment system to ensure confinement of all
particulates, debris and spent abrasive. Design the containment system to comply with all
applicable Federal, State, and Local regulations.
7.9 - Protection from Oamaae - The Contractor shall protect all surfaces and working mechanisms
not intended to be coated, during surface preparation. Do not allow material from cleaning and
surface preparation operations to enter or damage mechanical or electrical equipment or be
dispersed outside the work site.
8 - SURFACES NOT TO BE COA TED:
8.1 - Galvanized Surfaces - Do not prepare and coat galvanized surfaces unless specified in the
Contract Documents.
8.2 - Concrete - Do not prepare or coat concrete piers, or other concrete surfaces, unless specified
in the Contract Documents.
8.3 - Miscellaneous Items - Do not prepare or paint plastic conduits or pipes, neoprene bearing
pads, light or electrical fixtures.
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9 - MA TERIAL RECEIPT & STORAGE: ,
The Contractor shall receive and store coating materials in conformance with Manufacturer's
published recommendations. Verify all products are within their shelf life, in clean unopened
containers and labeled with the name of the Manufacturer, date of manufacture, batch number and
handling instructions.
10 - MIXING & THINNING:
The Contractor shall mix all coatings in accordance with the Manufacturer's published
recommendations. Only mix complete kits. Use thinners and solvents according to coating
Manufacturer's technical data requirements, and confirm that the amount of thinner added does
not cause the coating to exceed Volatile Organic Compound (VOC) regulations. Perform all mixing
operations over an impervious surface and control against spills. If spills occur, clean them up
immediately. Use trained personnel for the mixing of coatings.
11 - APPLlCA TION OF COA TINGS:
11. 1 - General - The Contractor shall supply coatings in colors that contrast with the substrate or
preceding coating layer. Provide the Engineer with samples of the Manufacturer's finish coat
colors for selection of the finish coat color. Provide a stripe coat in a color that contrasts with the
primer and intermediate coat to assure proper coverage and facilitate inspection. Prior to the
application of any coat, inspect the surface for contamination and defects. Repair and clean as
necessary before application of the next coat. Use trained personnel for the application of
coatings.
11.2 - Field Coating Samples - Prepare four step-down 4" x 6" x 318" carbon steel panels by
abrasive blast cleaning and coat all four of the panels using coatings having the same batch
numbers as the field material. Apply the primer, intermediate and finish coats, as specified. Mask
off a 1" strip of the underlying coat (along the 4" side of the panel) before applying the subsequent
coat. Provide the panelS to the Engineerwithin 15 days of beginning field coating operations.
11.3 - Weather & Temperature Limitations for Field & Maintenance Coating - Do not apply coatings
when contamination from rainfall is imminent or when the ambient air temperature, relative
humidity, dew point, and the surface temperature of the steel to be coated are outside the following
limits:
. Air Temperature: 500 F to 950 F
. Surface Temperature: 500 F to 1050 F
. Surface Temperature: a minimum of 50 F above the Dew Point
. Relative Humidity: >85%
The Contractor shall comply with the limits of the coating Manufacture's published
recommendations if more restrictive.
11.4 - Application Methods - The Contractor shall apply coatings per Manufacturer's technical data
requirem~nts. Application with brushes is allowed for minor touch-up of spray applications, and for
the application of the stripe coats, provided brushing is permitted by the Manufacturer's published
recommendations. Adjust spray equipment to produce an even, wet coat with minimum over-
spray. Apply coatings in even, parallel passes, overlapping 50% unless otherwise recommended
per Manufacturer's technical data requirements. Provide agitation of zinc rich coatings during
application unless prohibited by the Manufacturer.
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11.5 - StriDina of Irreaular Surfaces - Ensure complete coverage and proper thickness of all coats
on welds, corners, crevices, edges, bolts, nuts, rivets, and rough or pitted surfaces. In addition,
brush apply a stripe coat of high build polyamide epoxy to the above surfaces prior to full
application of the intermediate coat. Apply the intermediate coat after stripe coat drying and curing
per the Manufacturer's recommendations.
11.6 - Protection of Adiacent Surfaces - Contain the work area to protect all surfaces not intended
to be coated, during the application of coatings. Clean surfaces that have been contaminated with
coatings until all traces of the coating have been removed. Do not allow material from cleaning
and coating operations to fall into the water or be dispersed outside the work area.
11.7 - Inaccessible Surfaces - Fully coat to the extend possible all surfaces that are difficult to
access as directed by the Engineer. Apply a spot coat of penetrating sealer to these surfaces after
proper cure of the primer and prior to application of the intermediate stripe coat.
11.8 - SealinalCaulkina - Completely seal, cracks, crevices and joints open less than 1/2 inch, and
skip-welded joints. Apply the caulk to the joint after the intermediate coat and in accordance with
the caulking & coating Manufacturer's recommendations. Caulk interfaces of concrete and
structural steel on the top and bottom surfaces of the deck. Ensure that the caulk has a smooth
and uniform finish and is cured according to the Manufacturer recommendation prior to the
application of the finish coat. When available from the Manufacturer, match the color of the caulk
to the finish coat.
11.9 - Thickness of Coats - Apply coatings to the thickness identified by the Manufacturer's
published technical data. After application of each coat, thoroughly inspect the surfaces. Measure
dry film thickness (OFT) in accordance with SSPC-PA2, Measurement of Dry Paint Thickness with
Magnetic Gages. When the DFT is deficient, correct the deficiency to achieve the appropriate
thickness and re-measure the areaO. If excessive, remove excess thickness unless directed
otherwise by the Engineer. Inspect and measure OFT of each applied coating prior to the
application of successive coats.
11.10 - Coatina Drvina & Curina - Apply coatings within the Manufacturer's published times for
drying and recoating. This applies to the primer, intermediate, and finish coats. Comply with the
Manufacture's written instructions for drying and coating over stripe and touch-up coats.
11.11 - Coatina Finish - Assure that each coat is clean, cured for over-coating in accordance with
the Manufacturers instructions, and free of runs, sags, blisters, bubbles, mud cracking, skips,
holidays and variations in color, gloss, or texture. Verify the surface is free of contaminants and
defects prior to the application of the next successive coat.
12 - TOUCH-UP & REPAIR OF COA TINGS:
· The Contractor shall repair deficient, defective or damaged coatings by removing and
replacing all affected coating layers. Rep/ace each affected coat to achieve the specified
coating thickness.
12.1 - Damaae to Substrate - The Contractor shall prepare the substrate in, accordance with
SSPCSP-10, or SSPC-11 if approved by the Engineer, and comply with the featherina and
application requirements below.
12.2 - Damaae to Primer. Intermediate or Finish - Coating damage that does not expose the
substrate shall be prepared in accordance with SSPC-SP3, or SSPC-SP2 if permitted by the
Engineer. Remove defective material to a sound, intact adherent firm underlying coat. Feather
edges of the repair area a distance of 1" to 3" and provide a smooth transition. Apply each coat to
the specified dry film thickness. Ensure all repairs are in accordance with the Manufacturer's
written recommendations. The Engineer will have final authority concerning the coating's
uniformity and acceptable appearance.
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13 - PROTECTION OF THE ENVIRONMENT. PUBLIC & WORKERS DURING COATING
REMOVAL OPERATIONS:
13.1 - General- The Contractor shall establish plans and programs to protect the environment,
general public, Contractor's employees and other workers from exposure to toxic materials, as well
as releases and emissions of hazardous materials and nuisance dusts. Conduct operations in
such a manner to be in strict compliance with U.S. Environmental Protection Agency (EPA) ,
Occupational Safety & Health Administration (OSHA), and other applicable Federal, State and
Local regulations.
13.2 - Environmental Protection - The Contractor shall prepare and submit to the Engineer plans
and programs for protection of the environment and general public based on the applicable
requirements from EPA, State of Florida Oepartment of Environmental Protection (FDEP), this
specifications and the contract documents. Release of project materials (used or unused)
including, but not limited to abrasives, cleaning solutions (e.g. water), debris, dusts paints or
thinners, is strictly prohibited. Provide a response plan in the event of a spill, release or discharge.
13.3 - ReQuirements for Air. Visible Emissions - During abrasive blasting, the Contractor shall not
allow visible emissions from containment to exceed a random cumulative duration of no more than
1% of the workday (SSPC Guide 6, Guide for Containing Surface Preparation Debris Generated
During Paint Removal Operations, Level 1 Emissions). During pressurized water cleaning, do not
allow visible emissions from containment to exceed a random cumulative duration of more than
10% of the workday (SSPC Guide 6, Level 3 Emissions). Assess the visible emissions by EPA
Method 22, Timing of Emissions as defined by 40 CFR 60, Appendix A.
13.4 - Total Susoended Particulate Matter (TSP) - In response to complaints and as directed by
the Engineer, the Contractor shall monitor for TSP and control emissions from the containment to
prevent exceeding State or Local limits for nuisance dust levels.
13-5 - ReQulated Area - The Contractor shall close the underpass bridge to pedestrian traffic
during surface preparation activities and establish a regulated area around the land entries to the
work site. Post signs for pedestrians and watercraftlboat personnel to prohibit unauthorized
persons from areas where exposure to job-site hazards may occur.
13.6- Soil (Ground) Quality - The Contractor shall clean up chips and debris in the area around the
pedestrian underpass. After cleaning and accompanied by the Engineer, document
ohotoaraohicallv & in writina the condition of the land and ground leading to the pedestrian
underpass and at all locations where equipment is stationed. Re-inspect at the conclusion of work
and return land and ground to its initial condition. Any damages (bushes, grasses, fixtures, etc.),
shall be corrected to the satisfaction of the Engineer and the City, at no extra cost to the City.
13.7 - Water Qualitv - The Contractor shall not release, discharge, or otherwise allow hazardous
materials, waste, paint chips, or other project debris to enter storm drains, the channel, or other
bodies of water. Immediately clean up any releases, even if caused by rain. .
13.8 - Pollution Control - The Contractor shall submit a written Pollution Control & Monitoring
Plan at the ore-construction conference that clearly describes the means for complying with all
Local, State and Federal regulations, including pollution control provisions specified herein. In the
event the Contractor violates any environmental regulations or fails to properly execute any
pollution control provisions, all operations shall be ceased immediately. Operations will only
resume after written proposed corrective procedures have been submitted to and approved by the
Engineer, followed by immediate implementation of the required corrections by the Contractor.
13.9 - Permits - The Contractor shall submit all required permits from all applicable regulatory
agencies to the Engineer prior to the commencement of any work. The Contractor shall
search/investigate permit determination from these regulatory agencies to avoid any potential non-
compliance permit issues during work activities. The Contractor is responsible for all liability
resulting from non-compliance with pertinent rules and regulations including permit requirements.
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13.10 - Containment Svstem - The Contractor shall submit a written containment system desian
olan at the pre-construction conference, which clearly describes the proposed containment
systems applicable to LPWC to remove dirt and soluble salts, surface preparation by abrasive
blast cleaning, and application of coatings. Design containment systems to meet the requirements
outlined herein and SSPC Guide 6, Guide for Containing Debris Generated During Paint Removal
Activities. Provide a Class 2W containment for water cleaning, Class 2A containment for abrasive
blast cleaning, and a containment for coating application that prevents release of coating spills,
drips, and over-spray. Use fire retardant containment materials.
- Furthermore, the Contractor shall provide containment drawings, calculations, and assumptions,
including ventilation criteria if applicable, signed and sealed by a Contractor's SDecialtv Enaineer
registered in the State of Florida.
- Provide a complete structural impact analysis prepared by a Specialty Engineer to verify the
existing structure can withstand the live & c!ead loads of the containment, including wind loads.
- Ensure the lighting inside the containment is in accordance with SSPC Guide 12, Guide for
Illumination of Industrial Painting Projects.
- Provide lighting to a minimum of 10 foot-candles for general, 20 foot-candles for work, and 50
foot-candles for inspection. All drawings and calculations signed and sealed by the Specialty
Engineer, must be submitted and accepted by the Engineer before any work begins.
-Include a clear description of the ventilation system components and information (including fan
curve) on proposed dust collector.
- Design to provide ventilation according to the notes provided in Guide 6, 100 fpm cross-draft anq
50-60 fpm downdraft.
- Isolate the immediate area of the structure with appropriate containment devices to ensure
compliance with permit requirements for air, water, soil pollution, prevention and protection of
vehicular, pedestrian, and boat traffic. Ensure that under no circumstances any paint, paint chips,
or other debris fall outside of containment.
- Use rigid and I or flexible materials, and cover as needed to create an air and dust impenetrable
enclosure.
- Verify that the platform and its components are designed and constructed to support at least 4
times its maximum intended load without failure, with wire cables capable of supporting at least 6
times their maximum intended load without failure.
- Strictly follow all applicable OSHA regulations regarding scaffolding.
13. 11 - Protection of Adiacent Areas - The Contractor shall protect all areas adjacent to abrasive
blast cleaning, including deck grating. Before the commencement of any cleaning and coating
operations, provide a controlDlan for the protection of adjacent surfaces from damage by nearby
blasting and coating to the Engineer for review. Repair any damage to adjacent areas at no
expense to the City of Clearwater. The repair procedure must be submitted to the Engineer for
acceptance prior to any remediation.
13.12 - Worker Protection - The Contractor shall comply with the requirements of OSHA 29CFR
Part 1926 and applicable portions of 29 CFR 1910. Include specific programs as required by Parts
1926.62 (lead), 29 CFR 1926.1118 (inorganic arsenic), 29 CFR 1926.1126 (chromium VI), and 29
CFR Part 1926.1127 (cadmium) when these hazardous agents are present. Implement
appropriate safety procedures for all identified hazards on the job site whether specifically identified
herein or not.
14 - WASTE HANDLING & MANAGEMENT:
The Contractor shall prepare a waste manaaement oroaram Dlan that addresses the applicable
requirements from EPA regulations for hazardous waste management, and the contract
documents. Include provisions for the handling and disposal of non-hazardous construction waste.
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14.1 - Collection & Handlina of Waste - The Contractor shall properly classify, pack and store, all
paint removal debris, both solid and lIquid, in accordance with SSPC Guide 7, Guide for the
Disposal of lead-Contaminated Surface Preparation Debris, the Federal Water Pollution Control
Act with amendments, and all other current government regulations and guidelines. Comply with
the Resource Conservation and Recovery Act to include, at a minimum, CFR 40, parts 260-268.
Keep solid and liquid waste separate and individual waste streams separate prior to identification,
storage, transportation, and disposal.
14.2 - Waste Identification - The Contractor shall collect -samples in accordance with U.S.
Environmental Protection Agency SW-846, Test Methods for Evaluating Solid Waste - Physicall
IChemical Methods. Use a random and representative sampling technique. .
- In addition, the Contractor shall collect a minimum of four (4) representative samples of each
waste stream. These waste streams include but are not limited to paint chips, dust, and paint
chips mixed with disposable abrasives and debris.
- Complete the initial sampling of each waste stream immediately upon filling the first drum, but do
not allow waste to accumulate for longer than 7 days before sampling. After the representative
samples are collected, send them immediately to the EPA certified laboratory for analysis. Unless
otherwise directed by the Engineer, required by State regulations, or required by the waste
recycling or disposal facility, once each waste stream is sampled, tested, and classified, additional
sampling and analysis are not required for subsequent shipments unless the waste stream
changes.
- Submit samples to an aooroved laboratorv to be tested for arsenic, barium, cadmium, chromium,
lead, mercury, selenium and silver in accordance with EPA Methods 3050 and 6010 (content),
EPA Method 1311, and Toxicity Characteristics leaching Procedures (TCLP). Clearly label each
sample with sample number, date & time.of sampling, name of collector, and location of collection.
- Maintain chain of custody forms for each sample. Enter each sample on a sample analysis
request form. Enter sample numbers, type of waste, amount of each sample, distribution of
samples, signature and all other information into field logbook.
14.3 - Waste Storaae - The Contractorshall collect waste from the control devices, equipment, and
all work surfaces on a daily basis.
- Additionally, the Contractor shall keep hazardous and non-hazardous waste separate. Do not
mix blasting debris with any other type of waste.
- Place waste in approved storage drums.
- locate all hazardous waste within a temporary storage area, which shall be established at the
ore-construction conference.
- The maximum weight for each drum, when filled, is 821 oounds. Properly seal and label all
drums. Transport waste storage drums to a secured, marked, temporary storage area. locate the
temporary storage area on well-drained ground not susceptible to flooding or storm water run-off.
Place drums on pallet and cover with fiber reinforced, impermeable tarpaulins. Store drums no
more than two drums wide and two drums hiah. Arrange drums so that labels are easily readable.
- Contractor shall be responsible to clean temporary storage area, and dispose of all drums in a
permanent disposal site after completion of the work, prior to the final payment.
14.4 - Waste Disoosal - The Contractor is responsible for the transportation, treatment and
disposal of hazardous and non-hazardous waste. Notify the Engineer, a minimum of 3 weeks prior
to the date of off-site shipment of waste.
15 - METHOD'OF MEASUREMENT:
The work specified under this contract, shall be paid for as Lump Sum items and Unit Price item
shown next.
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16 - PROPOSAL. BASIS OF PA YMENT & BID ITEMS:
The Proposal includes two (2) Lump Sum items, and one (1) Unit Price item. The price and
payment shall be full compensation for all materials, labor and equipment required to complete the
work in compliance with the technical specifications and approved drawings.
· The 1st Lump Sum item shall be in the amount to be paid for cleaning, surface preparation
and application of a new, high performance coating system to the existing pedestrian
underpass.
· The ~d Lump Sum item shall be in the amount to be paid for to provide containment( s) for
control over emissions and. releases, collection testing, and disposal of wastes in
accordance with applicable laws and regulations.
· The Unit Price item includes two fixed /Jroiect sjqns.
Furthermore, the Contractor shall be aware work that is not specifically mentioned but is
necessary to complete the work properly, shall be considered incidental. and no additional
payment will be considered.
17 - PA YMENTS:
17.1 - First proqress /Javment shall be for complete installation of the containment(s) for control
over emissions and releases. Contractor shall obtain Engineer's and/or City's acceptance for
payment. 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 that is fully installed including all materials,
labor and equipment. No /Jroqress /Javment shall be construed to be acce/Jtance of any /Jortion of
the work under contract.
17.2 - Second & last payment, shall be the balance of remaining payment, and Shall be paid after
completion of the work in its entirety in compliance with the contract documents.
18 - AS-BUlL T PHOTOS:
The Contractor is to provide record photos. The As-Built photos replace requirements
contained in Article 6.11.2 of Section III, General Conditions.
19 - GENERAL PUBLIC SAFETY:
It shall be the Contractor's responsibility to take any and every necessary precautions and efforts
to protect the work, its workers / employees and the general public from any harm until completion
of the work. It should be noted that the project area is recreational and is frequented by
pedestrians and bicyclists. The Contractor under Traffic Engineering and Marine & Aviation
guidance shall install in advance at proper locations signs to inform and direct pedestrians and
bicyclists. When the public requests verbal information,' the Contractor shall answer
professionally and courteously to all citizens. Questions that the Contractor cannot answer or
are of a controversial nature should be directed to the Engineer.
20 - MAINTENANCE OF MARINE TRAFFIC:
The Contractor shall notify Mr. William D. Morris, City Harbormaster, phone 727-462-6954,
minimum 24 hours prior to any work affecting boat traffic in the channel. Furthermore, all boat
traffic control devices utilized during work, shall be provided by the Contractor and shall meet U. S.
Coast Guard (USCG) requirements, as applicable. The Contractor shall also coordinate with the
USCG for issuance of a "Notice to Mariners" for the ongoing construction within Mandalay
Channel.
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21 - EXISTING UTILITIES:
21. 1 - The Contractor shall locate all existing electrical installations and structures, especially
underpass' lighting system. The Contractor shall contact City of Clearwater if necessary.
21.2 - Furthermore, existing adjacent utilities or structures such as the new lJedestrian bridae
under construction, existing fishing piers (north & south), FDOT Bridge #150043 over, and seawall
along the underpass on the west side, shall not be affected or endangered by any work done
under this contract. It shall be the sole responsibility of the Contractor to take whatever steps are
necessary to protect them during the mobilization and entire work period.
21.3 - The Contractor is responsible for any damages to the existing public streets, sidewalks,
curbs, fences, utilities, or any other City public or private facilities that are to remain in place.
Street pavement destroyed or damaged shall be replaced with the same type of material or as per
existing City, County or State standards.
21.4 - Sidewalks, and curbs destroyed or damaged during work shall be replaced and shall be of
the same type of material as previous or as per existing City, County and/or State standards,
whichever provides the stronger and better repair.
21.5 - In case that some facility and/or utility damages are identified during work period, the
Contractor shall promptly provide replacements or repairs on his own expenses, to the satisfaction
of the City and at no extra cost to the City and/or others.
22 - CONSTRUCTION ENGINEERING & INSPECTION (CEil SERVICES:
CEI professional services are specified in for this contract. An essential part of the CEI tasks, is
that the Engineer's CEI Representative shall perform Quality Assurance (QA) to monitor
Contractor's Quality Control (QC) plan assuring that continuous control of materials and work
can be conducted at all times. Contractor's QC plan shall be reviewed by the Engineer to
ensure that it is free from errors and/or omissions. The Contractor for alJlJroval shall submit the
QC Dlan immediatelv after the Contract Award. The Engineer shall be responsible for the
implementation of the plan during the entire work period as to avoid any work deficiencies later.
- In addition to the above, the Engineer shall provide the following services:
22. 1 - Enaineerina Services - The CEI Representative activity includes documenting significant
project changes, interpreting and reading technical specifications and contract provisions,
making recommendations to the City to resolve contract disputes, and maintaining an adequate
level of surveillance of Contractor's activities. The CEI Representative shall monitor the work to
determine whether construction activities violate the conditions of any permits, whereupon the
Contractor and the City will be notified for immediate resolution of the problem(s). The CEI
Representative will analyze any changes and extra work that appear to be necessary and within
the scope and intent of the original contract (all recommended changes and extra work must be
approved by the City). The CEI Representative will assist the City in public information
services, if required, including newsletters and advice on responses to inquiries from the public,
public officials, and the news media.
- A schedule of CEI personnel, their respective areas of responsibility, the phases of work
where their presence is required, and certification requirements will be IJrovided to the
Contractor at the pre-construction conference.
- For public information services, the CEI Representative will assist the City as needed,
however, it shall direct all requests from the media to Mr. Michael Quillen, City Engineer, at 727-
562-4743, or Mr. Glen Bahnick, Assistant Director of Engineering, at 727-562-4760.
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22.2 - Administration - Assure that the Contractor's QC plan is effectively and accurately
implemented and that the work is done in conformity with the technical specifications and
contract provisions. The CEI Representative will advise the City of any omissions,' substitutions,
defects and deficiencies noted in the work of the Contractor, and the corrective action taken.
Work provided by the CEI Representative shall not relieve the Contractor of responsibility for the
satisfactory execution of the contract..
22.3 - On-site InsDection - The CEI Representative will monitor the Contractor's on-site work
and QC operations, inspect materials entering the work area, and keep records of the
Contractor's daily operations and significant events during the entire work period. Presence of
CEI staff shall not relieve the Contractor of full responsibility in any way, including site safety.
The CEI Representative shall have authority to stop work for reasons related to quality control,
and conformance to technical specifications, but not for safety violations (will notify the
Contractor and City if violations are observed).
22.4 - SamDlina & Testina - The CEI Representative will be responsible for the sampling,
testing, and verification of certification of materials. The CEI Representative shall perform QA to
monitor Contractor's CQ plan for all products and their respective source and Manufacturer.
The CEI Representative will coordinate the sampling, testing, and verification of some materials
by others if necessary. The above procedures are to determine the acceptability of materials
and completed work.
23 - DAIL Y WORK OBSERVA T/ON:
Implementation of effective hold-point quality assurance observations of surface preparation and
coatings application is an essential element of achieving long-term corrosion protection. With this
approach to construction observation, the Contractor retains all daily Quality Control
responsibilities, while the Engineer uses defined hold-point Quality Assurance verification that the
performance standards defined in the technical specifications are achieved. Specific oversight
activities include the following, as dictated by the project specifications:
23. 1 - Pre-Surface PreDaration - Surfaces to be prepared are surveyed to document whether
surface contaminants, coatings defects and corrosion products have been removed.
23.2 - Protective Coverinas - Protective coverings are examined to determine if the placement
will prevent contamination of motors, parts, equipment name plates, glass, and other surfaces
not to be subjected to over-blast or over-spray.
23.3 - Ambient Conditions - Air and surface temperatures, relative humidity, and dew point are
monitored periodically to document that the work is done under proper weather conditions.
23.4 - ComDressed Air Cleanliness - Painting operations requiring compressed air such as
conventional spray application are checked for moisture, oil or other contamination.
23.5 - Surface PreDaration - Pressure washing and power tool equipment used for surface
preparation are examined for adequacy to do the work. The degree of cleaning is confirmed.
Areas of insufficient or inadequate cleaning are marked for repair and rework prior to the
application of coatings.
23.6 - Coatina Mixina - Mixing of coatings is observed to document the specified material is
used; multiple components are mixed, agitated, and thinned properly; and that materials are
used within the allowable pot and shelf lives.
23.7 - Coatina ADDlication - Application equipment is examined for cleanliness and adequacy to
perform the work. Application techniques are observed to document coverage is achieved
without detrimental runs, sags, pinholes, or other deficiencies.
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23.8 - Dry Film Thickness - Dry film thickness (DFT) of individual coats is measured to verify
the coating was applied to meet specification requirements and/or Manufacturer's
recommendations.
23.9 - Inter-coat Cleanliness - The integrity and cleanliness of each coat is examined prior to
application of the next. This includes confirming the surfaces are free from oil/grease, dry-pray,
over-spray, or other detrimental contamination.
23. 10 - Recoat Times - The time between coats can be critical for certain materials. The
minimum and maximum recoat times are observed. Proper use of required conditioning agents
and/or roughening between coats is verified.
23. 11 - Final Review - The final observations of construction includes coating system dry film
thickness readings and overall appearance. The coating system is examined to document
proper coverage has been achieved and a quality, serviceable system has been installed.
24 - DAIL Y ENVIRONMENTAL OVERSIGHT:
24.1 - Visual Emissions Assessments - Observations for visible emissions are made throughout
the project and compared to the performance criteria established in the project specification. It
is understood that the City of Clearwater is especially determined that emissions from power-
washing, power-tool cleaning, surface preparation and coating operations do not impact the
traveling general public. Emissions will be discussed with the Contractor and reported to City.
24.2 - Waste Manaaement - Waste collection, handling, and storage practices are observed
periodically. Findings will be discussed with the Contractor and reported to the City.
24.3 - Containment System Performance - Periodic visual verification of containment system
performance are conducted to verify that the system is functioning as described in Contractor's
submittals and as required in the project specifications. Findings will be discussed with the
Contractor and reported to the City Environmental & Stormwater Division.
25-PROJECTMANAGEMEN~
Project management consists of a number of activities not directly associated with the technical
tasks described above, but are essential to successful completion. These activities are
performed as needed by the Engineer and Engineer's office technical support staff. Typical
tasks include the following:
25. 1 - Review pertinent submittals and return comments to the City of Clearwater.
25.2 - Consultation and recommendations during the period of construction on issues relating to
coatings, environmental protection, and overall contract administration.
25.3 - Assist in coordinating and conducting substantial completion of the coatings work
inspection and associated punch list, through final contract acceptance.
25.4 - Jobsite visits to monitor the work in progress for compliance with the technical
specification and Engineer's Scope of Services.
26 - PROJECT CLOSE OUT:
While the in-process construction inspection described above is important to the successful
completion of the project, there are always latent liabilities or risks associated with premature
coatings failure and/or legal exposure from environmental contamination. The following scope
of services is designed to minimize these risks.
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27 - PROJECT CLEARANCE CRITERIA:
The Engineer will evaluate the extent of clean-up of containment materials and structures,
consumable supplies, and durable equipment prior to removal from the site, and overall clean-
up of the project area and adjacent facilities, in accordance with the project specification.
28 - FINAL COA TINGS REPORT:
The Engineer will assemble a set of documentation of all coatings mixing, surface preparation
and coatings application data based upon the daily logs prepared by the project staff and
maintained by the Engineer's Project Manager. This data is critical in diagnosing any premature
coating failures. If additional information is required, please contact Mr. Greg Richards, Project
Manager & CEI Representative, at 727-453-9007, or by e-mailatarichardsCWkta.com.
29 - MANA TEE PROTECTION:
The Contractor shall: a) be held responsible for any manatees harmed, harassed, or killed
as a result of project work; b) post signs in the waterway to safeguard manatees in the
project area (specific warning sign and design placement is a condition' of the Water
Management District); c) post the manatee hotline number (888 404-FWCC) on-site for
information with manatee problems; d) conduct a visual survey of the affected areas prior
to any activity to determine if any manatees are present (if manatees are present, cease
work until they are safely out to the area); e) operate all vessels associated with the project
at "no wake/idle" speed at all times; and f) cease all work activity in open water when a
manatee is sighted within 300 feet of the project area (work may not resume until the
manatee has departed the area).
. The Contractor must make telephone reports immediately to the FWCC & US Fish &
Wildlife Service (904 232-2580) in the event of any injury, collision with, or killing of
manatees; and no. construction debris shall be disposed of into the water.
30 - PRE-CONSTRUCTION CONFERENCE & PROGRESS MEETINGS:
A pre-construction conference will be held to discuss project coordination, pedestrian traffic control,
maintenance of boat traffic, and other items of direct interest to the progress of this project. After
commencement of work, the Contractor may ask for a progress meeting at any time to discuss the
project or to work out problems that may arise during the course of the work. The City may also
request regular progress meetings (e.g. weekly or by-weekly) during the construction period.
31 - CONSTRUCTION INSPECTION & OVERTIME:
For work inspection the Contractor shall take directions from the CEI Representative only, or
City if necessary. Furthermore, the City does not have sufficient funding to allow for overtime
construction inspection. The Contractor is encouraged to perform all work that may require
immediate City inspection during normal working hours. Should overtime City inspection be
required, a charge of $40,OO/hour will be applied for inspection time. The Contractor may
perform work that does not require immediate inspection at his discretion.
32 - WORK ACCEPTANCE:
The Contractor is responsible for all work until final acceptance by the Engineer and the City.
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Any new work damaged after completion, or damages to the existing structures, shall be the
responsibility of the Contractor to repair/replace respective parts to the satisfaction of the CEI
Representative, City or "others", at no extra cost to the City or "others".
33 - SITE MAINTENANCE & RESTORA TION:
The Contractor shall at all time keep the premises free of accumulated wasted materials,
rubbish or other debris caused by his work. After completion and before the final payment, the
Contractor shall restore all work areas to the original conditions to the satisfaction of the
Engineer and the City, Parking System Manager, Marine & Aviation Department, and Parks &
Recreation Department. This shall include general clean up of the job site, removal of any
temporary facilities, and work adjustments to match previous conditions or better.
34 - BUILDERS RISK:
The City does not assume. any builders risk for the Contractor's work. The Contractor is
responsible for the work product until final acceptance of the work.
35 - SITE INSPECTION & PRE-BID CONFERENCE:
The Contractor is reauired to insoect the oroiect site in its entirety orior to submission of the bid.
Furthermore. attendance to the ore-bid conference is mandatory to bid on this oroiect.
36 - CONTACT PERSONS:
Any questions regarding the work to be performed, proposal, permitting, etc., should be directed
to Mr. Grea Richards. Coatings Consultant & CEI Representative, at telephone number 727-
526-7802. Furthermore; for any work that will increase the contract price, the Contractor shall
obtain written direction and approval from the CEI Representative and the City prior to
commencing.
37 - REPRESENT A TIVE OF CONTRACTOR:
The Contractor shall assign responsible person(s) who shall be at the construction site at all times
that work is progressing. The name(s) & position(s) shall be submitted to the CEI Representative
and the City at the time of the pre-construction conference. Contractor shall not change the
person(s) without written approval by the Engineer.
38 - MOBILlZA TlON:
All work and incidental costs for mobilization shall be included foroavment under the pav
items included in the Proposal, and no separate payment will be made therefore.
39 - GENERAL REQUIREMENTS:
39. 1 - All Contractors submitting a bid for this project shall be certified to the requirements of
SSPC-QP1 (please see Section 6), shall be licensed for business in the State of Florida, and
shall have had previous experience with similar jobs.
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39.2 - Temporary storage area and jOb site access will be discussed at the pre-construction
conference. Space to be used for storage & staging during the course of this project shall be
determined and approved by the Harbormaster, Parking System Manager, and Parks &
Recreation Department prior to starting any work. Staging area shall be restored to the original
conditions or better after work completion.
39.3 - Videotape shall be the responsibility of the Contractor. Professionally videotape of the
work area(s) prior to the start of construction is required.
39.4 - The Contractor shall allow the Engineer to videotape the work during its entire duration for
documentation or other purposes, for its use at its discretion, through fixed or handheld imaging
devices. The images thus obtained shall be the property of the City.
39.5 - Notice to Droceed with the work will be scheduled after the pre-construction conference, and
as soon as the Contractor has obtained all regulatory permits required.
39.6 - The Engineer shall resolve conflicts during work period that require a decision. The
Contractor shall submit a written request for clarification or conflict resolution prior to starting the
affected phase of construction.
39.7 - Fixed Droiect siems shall be provided at the start of work, and shall be used until the
Contractor's request for final payment. The Contractor shall place the fixed signs where they are
ost visible. The Contractor is responsible for preparation, installation, maintenance, removal and
disposal of the project signs at the end of the contract period. The signs shall be clean to maintain
legibility at all times, and immediately replaced if defaced.
39. B - Construction duration for this contract is 42 calendar days.
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SECTION IV - TECHNICAL SPECIRCA.TIONS
1. SCOPE OF WORK (continued): REFURBISHMENT OF PEDESTRIAN BRIDGE UNDER
FOOT BRIDGE #150043 - PROJECT NUMBER: 07-0024-EN
The following Articles of the Technical Specifications will apply to this contract if marked
"X" as shown below:
ART. #
1.
2.
_x_
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
_x_
_X_
_x_
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
~6.
_x_
ARTICLE DESCRIPTION
Scope of Work
Construction Staking - a. Line, Grade & Record Drawings by Contractor
b. Line, Grade & Record Drawings by City
Definition of Terms
Order and Location of Work
Excavation of Underground Work
Concrete
Excavation and Forms for Concrete Works
Reinforcement for Concrete
Obstructions
Restoration or Replacement of Curbs, Driveways, Sidewalks, and Pavement
Work in Easements & Parkways
Dewatering
Sanitary - Manholes
Backfill
Street Crossing
Raising or Lowering of Sanitary Sewers, Storm Drainage Structures
Unsuitable Material Removal
Underdrains
Storm Sewers
Sanitary Sewers & Force Mains
Drainage
Roadway Base & Subgrade
Asphaltic Concrete Materials
Asphaltic Material (Adjust Bid Price)
General Planting Specifications a. LANDSCAPING
b. LIGHTING
c. IRRIGATION
d. PUMP & WELL
HDPE Deformed/Reformed Pipe Lining
Plant Mix Driveways
Reporting of Tonnage of Recycled Materials
Concrete Curbs
Concrete sidewalks
Sodding
Seeding
Storm Manholes, Inlets, Catch Basins, or other Storm Structures
Material Used
Conflict Between Plans and Specifications
Street Signs
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37. _X(bL
38.
39.
40: _X_
41.
42.
43.
43a.
44. X
--
X
--
45.
46.
47.
48.
49.
50. _X_
51.
52. _X(aL
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
Audio/Video Taping of Construction Work Areas
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. a. Not Required
b. Contractor
Erosion and Siltation Control
Utility Tie-In Location Marking
Award of Contract, Work Schedule and Guarantee
Water Specifications
Gas Specifications
Tennis Courts
Clay Tennis Courts (Fencing)
Work Zone Pedestrian Traffic Control including Boat Traffic
Certified Work Zone Supervisor
Cured-In-Place Pipe Lining
Polyethylene Sliplining
Polyvinyl Chloride Ribbed Pipe
Gunite Specifications
Sanitary and Storm Manhole Liner Restoration
Project Information Sign
In Line Skate Surfacing System
Residents Notification
a. City
b. Contractor
Gabions and Mattresses
Lawn Maintenance Specifications
Milling Operations
Clearing & Grubbing
Rip Rap
Treatment Plant Safety
Traffic Signal Equipment and Materials
Signing and Marking
Roadway Lighting
Root Pruning
TIME:~ CALENDAR DA YS
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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.
2.2 LINE AND GRADE SHALL BE PERFORMED BY THE CITY
At the completion of all work the contractor shall be responsible to have furnished to the project
inspector a replacement of the wooden lath and stakes used in the construction of this project.
Excessive stake replacement caused by negligence of Contractor's forces, after initial line and
grade have been set, as determined by the City Engineer, will be charged to the Contractor at the
rate of $1 00.00 per hour. Time shall be computed for actual time on the project. All time shall be
computed in one-hour increments. Minimum charge is $100.00. The City will generate the
project Record construction drawings.
3 DEFINITION OF TERMS
For the purpose of these Technical Specifications the following definition of terms shall apply:
City
City of Clearwater, Pinellas County, FL.
Engineer
The City Engineer of the City of Clearwater, Pinellas County, Florida, or his authorized
representative.
Contractor
The person, firm or corporation with whom this contract or agreement has been made by
the City of Clearwater or its duly authorized representative.
Inspector
An authorized representative of the City Engineer of Clearwater, assigned to make
official inspections of the material furnished and the work performed by the Contractor.
FD.o. T.
The Standard Specifications for Road and Bridge Construction as
Specifications
issued by the Florida Department of Transportation (latest English edition).
A.A.S.H. T. 0.
American Association of State Highway and Transportation Officials.
A.WS.
American Welding Society
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Section IV - Technical Specifications
A.S T.M
American Society for Testing Materials
A.SA.
American Standards Association
A.N 8.1.
American National Standards Institute
A.WWA.
American Water Works Association
0. SHA.
Occupational Safety & Health Administration
A. c.1.
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
15 STREET CROSSINGS. ETC.
At such crossings, and other points as may be directed by the Engineer, the trenches shall be
bridged in an open and secure manner, so as to prevent any serious interruption of travel upon
the roadway or sidewalk, and also to afford necessary access to public or private premises. The
material used, and the mode of constructing said bridges, and the approaches, thereto, must be
satisfactory to the Engineer.
The cost of all such work must be included in the cost of the trench excavation.
16 RAISING OR LOWERING OF SANITARY SEWER. STORM
DRAINAGE STRUCTURES
Sanitary Sewer or Storm Drainage Structures shall be raised or lowered as indicated on the plans
or as indicated by the Engineer.
16.1 BASIS OF PAYMENT
Payment, unless covered by a bid item, shall be included in the cost of the work.
17 UNSUITABLE MATERIAL REMOVAL
All unsuitable material, such as muck, clay, rock, etc., shall be excavated and removed from the
site. All material removed is property of the Contractor, who shall dispose of said material off-
site at his expense. The limits of the excavation shall either be shown on the plans, or determined
in the field by the Engineer in conjunction with the City's Materials Tester.
17.1 BASIS OF MEASUREMENT
The basis of measurement shall be the amount of cubic yards of unsuitable material excavated
and replaced with suitable material as determined by either cross sections of the excavation,
truck measure, or lump sum as specified in the Scope of Work and Contract Proposal.
17.2 BASIS OF PAYMENT
The unit price for the removal of unsuitable material shall include: all materials, equipment,
tools, labor, disposal, hauling, excavating, dredging, placing, compaction, dressing surface and
incidentals necessary to complete the work. If no pay item is given, the removal of unsuitable
material shall be included in the most appropriate bid item.
18 UNDERDRAINS
The Contractor shall construct sub-surface drainage pipe as directed in the Contract Scope of
Work and detail drawings contained in the Project construction plans. In general, underdrain pipe
shall be embedded in a bed of #6 FDOT crushed aggregate, located behind the back of curb and
aggregate surface covered with a non-degradable fibrous type filter material. A #57 aggregate
may be used in lieu of #6 if it is washed and screened to remove fines. The aggregate may be
stone, slag or crushed gravel. Unless otherwise noted on the plans, underdrain pipe shall be 8"
diameter, polyvinyl chloride pipe, in conformance with ASTM F-758 "Standard SpecifIcation
For Smooth Wall pve Underdrain Systems for Highways" latest revision, minimum stiffness of
46 in conformance with ASTM D2412, perforations in conformance with AASHTO M-189
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The storm structure floor outside of channels shall be made smooth and sloped toward channels.
Manhole steps shall not be provided. Joints shall be completely filled and the mortar shall be
smoothed from inside of the manholes.
The entire exterior of brick manholes shall be plastered with one half inch of mortar.
Brick shall be laid radially with every sixth course being a stretcher course.
In cases where a storm pipe extends inside a structure, the excess pipe will be cut off with a
concrete saw and shall not be removed with a sledge hammer.
33.2 PRECAST TYPE
The manhole base shall be set on a pad of dry native sand approximately five inches thick to
secure proper seating and bearing.
Precast Manholes and Junction Boxes: The Contractor may substitute precast manholes and
junction boxes in lieu of cast in place units unless otherwise shown on the plans. Precast Inlets
will not be acceptable. When precast units are substituted, the construction of such units must be
in accordance with ASTM C 478, or the standard specifications at the manufacturers option.
Precast structures must also meet the requirement that on the lateral faces, either inside or
outside, the distance between precast openings for pipe or precast opening and top edge of
precast structure be no less than wall thickness. A minimum of four courses of brick will be
provided under manhole ring so that future adjustment of manhole lid can be accommodated.
Manhole steps shall not be provided. Manhole using 0 ring between precast sections will not be
acceptable for storm structures.
33.3 BASIS OF PAYMENT
Payment for Junction Boxes, Manholes or other structures shall be on a unit basis.
34 MATERIAL USED
All material incorporated into the final work shall be new material unless otherwise approved by
the Engineer. If requested by the Engineer, the Contractor shall furnish purchase receipts of all
materials.
35 CONFLICT BETWEEN PLANS AND SPECIFICATIONS
Whenever a conflict appears between the plans and specifications, the more stringent
requirement shall apply. If a conflict is of such a nature as to require a decision, then a written
request for clarification must be made prior to starting that phase of construction.
36 STREET SIGNS
The removal, covering or relocation of street signs by the Contractor is PROHIBITED.
All street signs shall be removed,' covered or relocated by the City's Traffic Engineering Division
in accordance with Sections 700, 994, 995, and 996 of FDOT's Standard Specifications (latest
edition).
The Contractor shall notify the City's Traffic Engineering Division a minimum of 24 hours in
advance of the proposed sign relocation, covering or removal.
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Section IV - Technical Specifications
37 AUDIONIDEO TAPE OF WORK AREAS
37.1 AUDIONIDEO TAPE OF WORK AREA SHALL BE PREPARED
BY THE CITY
This project will not require the preparation of an audio/video tape of work areas by the
Contractor. .
37.2 AUDIONIDEO TAPE OF ALL WORK AREAS SHALL BE
PREPARED BY THE CONTRACTOR
37.2.1 CONTRACTOR TO PREPARE AUDIONIDEO TAPE
Prior to commencing work, the Contractor shall have a continuous color audio/video tape
recording taken along the entire length of the Project including all affected project areas. Streets,
easements, rights-of-way, lots or construction sites within the Project must be recorded to serve
as a record of a pre-construction conditions.
37.2.2 SCHEDULING OF AUDIONIDEO TAPE
The video recordings shall not be made more than 21 days prior to construction in any area.
37.2.3 PROFESSIONAL VIDEOGRAPHERS
The Contractor shall engage the services of a professional videographer. The color audio
videotapes shall be prepared by a responsible commercial firm known to be skilled and regularly
engaged in the business of pre-construction color audio-video tape documentation.
37.2.4 EQUIPMENT
All equipment, accessories, materials and labor to perform this service shall be furnished by the
Contractor. The total audio video system shall reproduce bright, sharp, clear pictures with
accurate colors and shall be free from distortion, tearing, rolls or any other form of imperfection.
The audio portion of the recording shall reproduce the commentary of the camera operator with
proper volume, clarity and be free from distortion and interruptions. In some instances, audio
videotape coverage may be required in areas not accessible by conventional wheeled vehicles.
Such coverage shall be obtained by walking.
37.2.5 RECORDED INFORMATION, AUDIO
Each tape shall begin with the current date, project name and be followed by the general
location, i.e., viewing side and direction of progress. Accompanying the video recording of each
videotape shall be a corresponding and simultaneously recorded audio recording. This audio
recording, exclusively containing the commentary of the camera operator or aide, shall assist in
viewer orientation and in any needed identification, differentiation, clarification, or objective
description ofthe features being shown in the video portion ofthe 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
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information shall contain the hour, minutes and seconds. Additional information shall be
displayed periodically. Such information shall include, but not be limited to, project name,
contract number, direction of travel and the viewing side. This transparent information shall
appear on the extreme upper left hand third of the screen. Camera pan, 'tilt, zoom-in and zoom
out rates shall be sufficiently controlled such that recorded objects will be clearly viewed during
videotape playback. In addition, all other camera and recording system controls, such as lens
focus and aperture, video level, pedestal, chrome, white balance, and electrical focus shall be
properly controlled or adjusted to maximize picture quality. The construction documentation
shall be recorded in SP mode.
37.2.7 VIEWER ORIENTATION
The audio and video portions of the recording shall maintain viewer orientation. To this end,
overall establishing views of all visible house and business addresses shall be utilized. In areas
where the proposed construction location will not be readily apparent to the videotape viewer,
highly visible yellow flags shall be placed, by the Contractor, in such a fashion as to clearly
indicate the proposed centerline of construction. When conventional wheeled vehicles are used
as conveyances for the recording system, the vertical distance between the camera lens and the
ground shall not exceed 10 feet. The camera shall be firmly mounted such that transport of the
camera ~uring the recording process will not cause an unsteady picture.
37.2.8
LIGHTING
All taping shall be done during time of good. visibility. No taping shall be done during
precipitation, mist or fog. The recording shall only be done when sufficient sunlight is present to
properly illuminate the subjects of recording and to produce bright, sharp video recordings of
those subjects.
37.2.9
SPEED OF TRAVEL
The average rate of travel during a particular segment of coverage shall be directly proportional
to the number, size and value of the surface features within that construction areas zone of
influence. The rate of speed in the general direction of travel of the vehicle used during taping
shall not exceed 44 feet per minute.
37.2.10 VIDEO LOG/INDEX
All videotapes shall be permanently labeled and shall be properly identified by videotape number
and project title. Each videotape shall have a log of that videotape's contents. The log shall
describe the various segments of coverage contained on the video tape in terms of the names of
the streets or location of easements, coverage beginning and end, directions of coverage, video
unit counter numbers, engineering surveyor coordinate values (if reasonably available) and the
date.
37.2.11 AREA OF COVERAGE
Tape coverage shall include all surface features located within the zone of influence of
construction supported by appropriate audio coverage. Such coverage shall include, but not be
limited to, existing driveways, sidewalks, curbs, pavements, drainage system features,
mailboxes, landscaping, culverts, fences, signs, Contractor staging areas, adjacent structures, etc.
within the area covered by the project. Of particular concern shall be the existence of any faults,
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Section IV - Technical Specifications
fractures, or defects. Taped coverage shall be limited to one side of the Site, street, easement or
right of way at anyone time.
37.2.12 COSTS OF VIDEO SERVICES
The cost to complete the requirements under this section shall be included in the contract items
provided in the proposal sheet. There is no separate pay item for this work.
38 EROSION AND SILTATION CONTROL
38.1 STABiliZATION OF DENUDED AREAS
No disturbed area may be denuded for more than thirty (30) calendar days unless otherwise
authorized by the City Engineer. During construction, denuded areas shall be covered by
mulches such as straw, hay, filter fabric, seed and mulch, sod, or some other permanent
vegetation. Within sixty (60) calendar days after final grade is established on any portion of a
project site, that portion of the site shall be provided with established permanent soil stabilization
measures per the original site plan, whether by impervious surface or landscaping.
38.2 PROTECTION AND STABILIZATION OF SOIL STOCKPILES
Fill material stockpiles shall be protected at all times by on-site drainage controls which prevent
erosion of the stockpiled material. Control of dust from such stockpiles may be required,
depending upon their location and the expected length of time the stockpiles will be present. In
no case shall an unstabilized stockpile remain after thirty (30) calendar days.
38.3 PROTECTION OF EXISTING STORM SEWER SYSTEMS
During construction, all storm sewer inlets in the vicinity of the project shall be protected by
sediment traps such as secured hay bales, sod, stone, etc., which shall be maintained and
modified as required by construction progress, and which must be approved by the City Engineer
before installation.
38.4 SEDIMENT TRAPPING MEASURES
Sediment basins and traps, perimeter berms, filter fences, berms, sediment barriers, vegetative
buffers and other measures intended to trap sediment and/or prevent the transport of sediment
onto adjacent properties, or into existing water bodies; must be installed, constructed, or, in the
case of vegetative buffers, protected from disturbance, as a first step in the land alteration
process. Such systems shall be fully operative and inspected by the City before any other
disturbance of the site begins. Earthen structures including but not limited to berms, earth filters,
dams or dikes shall be stabilized and protected from drainage damage or erosion within one
week of installation.
38.5 SEDIMENTATION BASINS
Areas of 3 acres or more shall be required to have temporary sedimentation basins as a positive
remedy against downstream siltation and will be shown and detailed on construction plans.
During development, permanent detention areas may be used in place of silt basins, provided
they are maintained to the satisfaction of the City.
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39 UTILITY TIE IN LOCATION MARKING
The tie in locations for utility laterals of water, sanitary sewer,. and gas shall be plainly marked on
the back of the curb. Marking placed on the curb shall be perpendicular with respect to the curb
of the tie in location on the utility lateral. Marks shall not be placed on the curb where laterals
cross diagonally under the curb. The tie in location shall be the end of the utility lateral prior to
service connection.
Markings shall be uniform in size and shape and colors in conformance with the code adopted by
the American Public Works Association as follows:
SAFETY RED Electric power, distribution & transmission
Municipal Electric Systems
HIGH VISIBILITY SAFETY YELLOW Gas Distribution and Transmission
Oil Distribution and Transmission
Dangerous Materials, Produce Lines, Steam Lines
SAFETY ALERT ORANGE Telephone and Telegraph Systems
Police and Fire Communications
Cable Television
SAFETY PRECAUTION BLUE Water Systems Slurry Pipe Lines
SAFETY GREEN Sewer Systems
Marks placed on curbs shall be rectangular in shape and placed with the long dimension
perpendicular to the flow line of the curb. Marks placed on valley gutter and modified curb shall
be 6" x 3" and placed at the back of the curb. Marks placed on State Road and vertical curb shall
be 4" X 2" and be placed on the curb face.
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 42 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.
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Section IV - Technical Specifications
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.
41 WATER MAINS AND APPURTENANCES
41.1 SCOPE
The Contractor shall furnish all plant, labor, materials and equipment to perform all operations in
connection with the construction of water mains and appurtenances including clearing,
excavation, trenching, backfilling and clean up.
41.2 MATERIALS
41.2.1 GENERAL
Materials, equipment and supplies furnished and permanently incorporated into the project shall
be of first quality in every respect and shall be constructed and finished to high standards of
workmanship. Materials shall be suitable for service intended, shall reflect modem design and
engineering and shall be fabricated in a first class workmanlike manner. All materials, equipment
and supplies shall be new and shall have not been in service at any time previous to installation,
except as required in tests or incident to installation. Machined metal surfaces, exposed bearings
and glands shall be protected against grit, dirt, chemical corrosion and other damaging effects
during shipment and construction.
41.2.2 PIPE MATERIALS AND FITTINGS
41.2.2.1 DUCTILE IRON PIPE
Ductile Iron Pipe shall be in accordance with ANSI!AWWA C151/A21.51 81 or latest revision.
Pipe thickness class, wall thickness and working pressure shall conform to the following table:
Size Class Thickness Rated Water Working Pressure
(In.) (PSI)
4" 51 0.26 350
6" 50 0.25 350
8" 50 0.27 350
12" 50 0.31 350
The trench laying condition shall be Type 2, Flat bottom trench backfill lightly consolidated to
centerline of pipe.
Pipe shall be manufactured in accordance with ANSI! A WWA C 151/ A21.51 81 or latest revision.
Pipe shall be asphalt coated on the outside and standard cement lined and sealed coated with
approved bituminous seal coat in accordance with ANSI!AWWA CI04/A21.4 80 or latest
reVISIOn.
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Section IV - Technical Specifications
43.2.17.2 WARRANTY
The Contractor shall warranty the courts, fencing, sidewalks and court accessories against
defective materials and lor workmanship for. a period of one (1) year from the date of
completion.
43.2.17.3 WARRANTY SUB-SURFACE IRRIGATION SYSTEM
The Contractor shall warranty the sub-surface irrigation of the clay tennis courts for a period of
two years from the day of completion.
44 WORK ZONE TRAFFIC CONTROL
44.1 CONTRACTOR RESPONSIBLE FOR WORK ZONE TRAFFIC
CONTROL
The Contractor shall be responsible to furnish, operate, maintain and remove all work zone
traffic control associated with the Project, including detours, advance warnings, channelization,
hazard warnings and any other necessary features, both at the immediate work site and as may be
necessary at outlying points.
44.2 WORK ZONE TRAFFIC CONTROL PLAN
The Contractor shall prepare a detailed traffic control plan designed to accomplish the level of
performance outlined in the Scope of the Work and/or as may be required by construction
permits issued by Pinellas County and/or the Florida Department of Transportation for the
Project, incorporating the methods and criteria contained in Part VI, Standards and Guides for
Traffic Controls for Street and Highway Construction, Maintenance, Utility and Incident
Management Operations in the Manual on Uniform Traffic Control Devices published by the
U.S. Department of Transportation and adopted as amended by the Florida Department of
Transportation, or most recent addition.
44.2.1
WORK ZONE SAFETY
The general objectives of a program of work zone safety is to protect workers, pedestrians,
bicyclists and motorists during construction and maintenance operations. This general objective
may be achieved by meeting the following specific objectives:
. Provide adequate advance warning and information regarding upcoming work zones.
. Provide the driver clear directions to understanding the situation he will be facing as he
proceeds through or around the work zone.
. Reduce the consequences of an out of control vehicle.
. Provide safe access and storage for equipment and material.
. Promote speedy completion of projects (including thorough cleanup of the site).
. Promote use of the appropriate traffic control and protection devices.
. Provide safe passageways for pedestrians through, in, and/or around construction or
maintenance work zones.
The 2004 Design Standards (DS), Index 600
"When an existing pedestrian way or bicycle way is located within a traffic control work zone,
accommodation must be maintained and provision for the disabled must be provided. Only
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Section IV - Technical Specifications
approved temporary traffic control devices may be used to delineate a temporary traffic control
zone pedestrian walkway. Advanced notification of sidewalk closures and detours marked shall
be provided by appropriate signs".
2004 Standard Specifications for Road and Bridge Construction
102-5 Traffic Control: 102-5.1 Standards: FDOT Design Standards (DS) are the minimum
standards for the use in the development of all traffic control plans
44.3 ROADWAY CLOSURE GUIDELINES
Roadway types: Major Arterials, Minor Arterials, Local Collectors, and Local
Following are typical requirements to be accomplished prior to closure. The number of
requirements increase with traffic volume and the importance of access. Road closures affecting
business or sole access routes will increase in process requirements as appropriate. For all but
local streets, no road or lane closures are allowed during the Christmas holiday season and the
designated "Spring Break" season with prior approval by the City Engineer.
44.3.1 ALL ROADWAYS
Obtain permits for Pinellas County and Florida Department of Transportation roadways.
Traffic control devises conform to national and state standards.
44.3.1.1
PUBLIC NOTIFICATION
Standard property owner notification prior to start of construction for properties directly affected
by the construction process.
44.3.2 MAJOR ARTERIALS, MINOR ARTERIALS, LOCAL COLLECTORS
Consult with City Traffic staff for preliminary traffic control options.
Develop Formal Traffic Control Plan for Permit Submittal to Regulatory Agency as necessary.
44.3.2.1
PUBLIC NOTIFICATION
Message Board Display, Minimum of 7-day notice period prior to road closure and maybe longer
for larger highway. The message board is to be provided by the Contractor.
44.3.3 MAJOR ARTERIALS, MINOR ARTERIALS
44.3.3.1 PUBLIC NOTIFICATION
C- View Release
44.3.4 MAJOR ARTERIALS
44.3.4.1 PUBLIC NOTIFICATION
News Release
The Message Board may need to be displayed for a period longer than 7 days.
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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 562-4772, 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 Subarticle may
be grounds for decertification or removal from the project or both. Failure to maintain a
designated Worksite Traffic Supervisor or failure to comply with these provisions will result in
temporary suspension of all activities except traffic and erosion control and such other activities
deemed to be necessary for project maintenance and safety.
SectionIV.01252008doc.doc
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Section IV - Technical Specifications
ninety (90) seconds for seventy two (72) inch diameter manholes. If the manhole fails the initial
test, necessary repairs shall be made. Retesting shall proceed until a satisfactory test is obtained.
Tests shall be performed by the Contractor under the direction of the Proj ect Engineer.
49.12.3.10 WARRANTY
All materials and workmanship shall be warranted to the Owner for a period of five (5) years,
provided that all the above mentioned repair steps are used.
50 PROJECT INFORMATION SIGNS
50.1 SCOPE AND PURPOSE
The City desires to inform the general public on the City's use and expenditure of public funding
for general capital improvement and maintenance projects. To help accomplish this purpose, the
Contractor is required to prepare and display public project information signs during the full
course ofthe contract period. These signs will be displayed at alllocation(s) of active work.
50.2 TYPE OF PROJECT SIGN, FIXED OR PORTABLE
Sign type shall be "fixed" on stationary projects and "portable" on projects which have extended
locations or various locations. Payment to Contractor for the preparation, installation and
management of project sign(s) shall be lump sum for the entire project. The number of and type
of signs will be stated in the Scope of the Work section of the contract documents. Lump sum
item will be included in the bid proposal for signs. The particular wording to be used on the signs
will be determined after contract award has been approved. Contractor will be provided the
wording to be used on sign at the preconstruction conference.
50.3 FIXED SIGN
Fixed sign shall be 4' by 8' in size and painted on a sheet of exterior grade plywood of the same
size and a minimum thickness of 1/2". Sign shall be attached to a minimum of three pressure
treated 4" by 4" below grade pressure treated wooden posts and braced as necessary for high
winds. Posts shall be long enough to provide secure anchoring in the ground. Bottom of sign
must be a minimum of 24" above the ground. Alternate mounting system or attachment to
fencing or other fixed structure can be considered for approval. Sign shall be painted white on
both sides with exterior rated paint.
50.4 PORTABLE SIGNS
Portable sign shall be a minimum of 24" by 30" in size and will be attached to a standard sized
portable traffic barricade. Sign material shall be aluminum, 0.080" or thicker, background of
white reflective sheeting, and shall be silkscreen or vinyl lettering. Portable sign shall be two
signs located and attached to each side of the traffic barricade.
50.5 SIGN COLORING
Background shall be white. Project Descriptive Name shall be in blue lettering. All other
lettering shall be black. Basic lettering on sign shall be in all capital letters, of size proportional
to the sign itself.
SectionlV.O I 252008doc.doc
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Section IV - Technical Specifications
50.6 SIGN PLACEMENT
Signs shall be placed where they are readily visible by the general public which pass by the
project site. Signs are not to be placed where they may become a hazard or impediment to either
pedestrian or vehicular traffic. For construction projects outside of the City's right-of-way, the
signs will be placed on the project site. For projects constructed inside of the City's right-of-way,
the signs will be placed in the right-of-way. Portable signs are to be moved to the locations of
active work on the project. Multiple portable signs will be necessary where work is ongoing in
several locations at the same time. Fixed signs are to be placed at the start of construction and
will remain in place until the request for final payment.
50.7 SIGN MAINTENANCE
The Contractor is responsible for preparation, installation, movement, maintenance, replacement,
removal and disposal of all project signs during the full course of the contract period. The
Contractor will place and secure portable signs from dislocation by wind or other actions. Signs
are to be cleaned as necessary to maintain legibility and immediately replaced if defaced.
50.8 TYPICAL PROJECT SIGN
PROJECT NAME
A CITY OF CLEARWATER ENGINEERING DEPARTMENT PROJECT
FUNDING:
CONTRACTOR:
CONSTRUCTION COMPLETION:
CITY PROJECT MANAGER: PHONE
51 IN-LINE SKATING SURFACING SYSTEM
51.1 SCOPE
1. These specifications pertain to the application of the Plexiflor Color Finish System over
recreational areas intended for In-Line Skating activities. The materials specified in the
site plans shall be of colors indicated and for application over the Plexipave Acrylic Latex
System.
2. The work shall consist of suitable cleaning and preparation of the surface to assure a
satisfactory bond of the system to the existing surface.
3. All coverage rates are calculated prior to dilution.
4. Plexiflor In-line Skating Surfacing System
. 1 Coat of Acrylic Resurfacer
. 2 Coats of Fortified Plexipave
. 2 Coats of Plexiflor
. Plexicolor Line Paint
SectionlV.O I 252008doc.doc
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Section IV - Technical Specifications
11. Keep court clean. Excess dirt or foreign material can cause the surface to be slippery.
In-Line hockey is a physical sport. Always wear NIHA recommended protective gear.
52 RESIDENT NOTIFICATION OF START OF CONSTRUCTION
52.1 RESIDENT NOTIFICATION PERFORMED BY CITY
See below for Resident Notification performed by the Contractor.
52.2 RESIDENT NOTIFICATION PERFORMED BY CONTRACTOR
The Contractor shall notify all residents along the construction route with a printed door hanger
notice indicating the following information about the proposed construction work and the
Contractor performing the work: City seal or logo; the scheduled date for the start of
construction; the type of construction; general sequence and scheduling of construction events;
possibility of water service disruption and/or colored water due to construction efforts;
Contractor's name, the Superintendent's name, Contractor address and telephone number;
Contractor's company logo (optional); requirement for residents to remove landscaping and/or
other private appurtenances which are in conflict with the proposed construction; and other
language as appropriate to the scope of Contract work. Sample door hanger including proposed
language shall be approved by the City prior to the start of construction. Notification shall be
printed on brightly colored and durable card stock and shall be a minimum of 4 ~ by. 11 inches
in size. Notification (door hanger) shall be posted to residences and businesses directly affected
by the Contractor's activities no later than 7 days prior to the start of construction activity.
Directly affected by the Contractor's activities shall mean all Contractor operations including
staging areas, equipment and material storage, principal access routes across private property,
etc. Contractor cannot start without proper 7 day notice period to residents. Contractor is
required to maintain sufficient staff to answer citizen inquiries during normal business hours and
to maintain appropriate message recording equipment to receive citizen inquires after business
hours.
Resident notification by the Contractor is a non-specific pay item to be included in the bid items
provided in the contract proposal.
Section IV.O 1252008doc.doc
Page 111
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Section IV - Technical Specifications
EXAMPLE
CITY SEAL
Of
CITY OF CLEARWATER
NOTICE OF CONSTRUCTION
TODAY'S DATE: / /
---
PLEASE EXCUSE US FOR ANY INCONVENIENCE
We are the construction contractor performing (state type of contract) for the City of Clearwater
in your area. The work will be performed in the public right-of-way adjacent to your property.
This notice is placed a minimum of 7 days in advance of construction to notify property owners
of the pending start of construction.
(Brief description of the construction process to be expected by the property owners)
The construction process may necessitate the removal of certain items from the right-of-way.
Typical items such as sprinklers, grass, and postal approved mailboxes will be replaced by the
contractor within a reasonably short period of time. The replacement of driveways and sidewalks
will be made using standard asphalt or concrete materials. The property owner is responsible for
the expense and coordination to replace driveways alld sidewalks which have customized colors,
textures and/or materials. Small trees, shrubs, landscaping materials, unauthorized mailboxes or
structures within the right-of-way which must be removed due to the construction process will
not be replaced. The property owner is responsible to relocate any such items which the property
owner wishes to save prior to the start of construction. Vehicles parked on the streets or within
the right-of-way may be required to be placed elsewhere.
We are available to answer any questions you may have regarding the construction process or
any particular item that must be relocated. Please contact our Construction Superintendent
at (727) . We will be more than happy to assist you.
Construction is anticipated to begin on:
Company Name
Company Address
Contractor Phone Number
53 GABIONS AND MATTRESSES
53.1 MATERIAL
53.1.1 GASION AND RENO MATTRESS MATERIAL
PVC COATED WIRE MESH GABIONS & MATTRESSES
53.1.1.1
Gabion & mattress basket units shall be of non-raveling construction and fabricated from a
double twist by twisting each pair of wires through three half turns developing the appearance of
a triple twist. The galvanized wire core shall have a diameter of 0.1 063 inches (approx. US gauge
12). All wire used in the fabrication of the gabion shall comply with or exceed Federal
Specifications QQ- W-46 I H, possess a maximum tensile strength of 70,000 p.s.i. with a Finish 5,
Class 3 zinc coating in accordance with the current ASTM A-641. The weight of zinc coating
shall be determined by ASTM A-90. The grade of zinc used for coating shall be High Grade or
SectionlV.O 1252008doc.doc
Page 112
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I SECTION IV-A
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I ATTACHMENTS
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REFURBISHMENT OF PEDESTRIAN BRIDGE
UNDER FDOT BRIDGE #150043
PROJECT NUMBER: 07-0024-EN
PROJECT ATTACHMENTS
. Vicinity Map with Project Location
· Pedestrian Underpass Plan View and Elevation
(Looking West)
· General Pedestrian Underpass Photos
· Field Examination & Field Conditions
1 page
1 page
6 pages
2 pages
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VICINITY MAP
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Prepared by:
Engineering Departmem
Geographic Technology Division
100 S. MyrUe Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)626-4755
www.MyClearwater.com
ST
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PROJECT
LOCA TION
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PEDESTRIAN BRIDGE
UNDER F.D.O.T. BRIDGE #150043
Drawn By: SAF
Grid # 267 A
Reviewed By: TR Scale: N.T.S.
S - T - R 8-29S-15E Date: 2/12/2008
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FIGURE 5.1-3
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PEDESTRIAN UNDERPASS - LOOKING NORTHWEST
Under FDOT Bridge #150043
(across Mandalay Channel)
Photos taken 10/2412006
-------------------
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3
one. The City of Clearwater decided to investigate the possibility of rehabilitation and
maintaining the existing bridge.
McCarthy and Associates Consulting Engineers (McCarthy) of Clearwater Florida at
the request of the City conducted a preliminary evaluation of the pedestrian bridge April 17,
2007. McCarthy concluded in an April 18, 2007 letter report (copy appended) that the existing
bridge would continue to deteriorate due to the corrosive environment and he recommended a
replacement bridge designed to be less subject to corrosive deterioration. However, McCarthy
also reported (based on information supplied by Steadfast) that the bridge was sufficiently sound
to be reopened but not for longer than 6 months due to continued exposure to the corrosive
environment.
The City of Clearwater contacted KT A to examine the condition of the coating system
and provide an opinion regarding maintenance painting options should it be determined the
structure would be salvaged.
FIELD EXAMINATION
KT A Coatings Consultant Richard Burgess visited the Mandalay Channel Pedestrian
Bridge on June 11, 2007 to closely examine the condition of the coatings. Mr. Chris Focsan of
the City of Clearwater and Mr. Greg Richards of KT A were present during portions of the
examination.
Figure 1 (left) - The south and center bridge spans abut on the south pier cap. Figure 2 (right) - The
center and north bridge spans. The spans are bolted to caps but are not physically joined together.
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The bridge was accessed by land and by boat provided by the City of Clearwater. The
examination included visual assessment of the degree and nature of corrosion, measurement of
the existing coating system dry film thickness (DFT) both non-destructively and destructively
with a Tooke gage. Adhesion of the existing coating system was rated by the knife test and
samples of the coating system and corrosion products were collected for laboratory analysis.
The Mandalay Channel pedestrian
bridge consists of four main sections, two of
t!' which are spliced (bolted) together to create
D
the 85 foot center span. Spot corrosion was
common on structural members, patches of
general corrosion on railing spindles, bolts,
nuts and washers on the lower bridge
.. sections. The coating adjacent to spot
corrosion was undercut and blistered. The
galvanized deck pans beneath the center and
north spans exhibited over 50% red rust
corrosion. Corrosion has caused at least
one deck pan to fall apart. The south span
is inclined down from the south end to the
pier cap where it abuts the center span.
(See Figure I) The remainder of the bridge
is at the same elevation (see Figure 2). The higher elevation deck pans of the south span
exhibited heavy white (zinc) corrosion products but less red rust, ranging from 10 to 30%.
Coating adhesion was assessed where
intact and visually free of corrosion and
undercutting. Adhesion was rated in
accordance with ASTM 06677, Standard Test
Method for Evaluating Adhesion by Knife, and
ranged from 8 to 10 indicating good adhesion
to the substrate and between coats. The surface
of the bridge was moist due to the local
environmental conditions and tape adhesion testing per ASTM 03359 was not possible.
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Visual Examination
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Figure 3- Center span splice plate and areas of
localized corrosion.
However, there was limited pitting
corrosion when blistered coating and under
film corrosion was scraped from the surface.
Removal of intact coating found the substrate
to be visually free of corrosion and mill scale.
Physical Properties
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Figure 4- Corrosion on the south end of the center
span upper cord.
Corrosion products and coating were scraped from the surface at blisters and along the
margins of under film corrosion. Only slight pitting was observed. Rust was present in thin
layers (laminar form) where corrosion was heaviest but the underlying substrate was hard and
firm. There were no penetrations through the steel members in the areas examined. Removal of
intact coating found the substrate to be free of corrosion and mill scale although rust was present
under adherent coatings adjacent to visible and undercutting corrosion.
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I SECTION V
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I DOCUMENTS
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___ .._ fl,UihH.'._
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BOND NUMBER: 3-952-463
CONTRACT BOND
STATE OF FLORIDA
COUNTY OF PINELLAS
KNOW ALL MEN BY THESE PRESENTS: That we M & J CONSTRUCTION COMPANY,
INC. Contractor and OHIO CASUALTY INSURANCE COMPANY (Surety) whose home
address is 9450 SEWARD ROAD, FAIRFIELD, OHIO 45014.
HEREINAFTER CALLED THE "Surety", are held and fim1ly bormd into the City of Clearwater,
Florida (hereinafter called the "Owner") in the penal sum of: ONE HUNDRED FORTY-NINE
THOUSAND EIGHT HUNDRED TWENTY DOLLARS AND NO CENTS ($149,820.00) for
the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns
for the faithful performance of a certain written contract, dated the ,,~ day of . ~JhV- ,
2008, entered into between the Contractor and the City of Clearwater for:
REFURBISHMENT OF PEDESTRIAN BRIDGE
UNDER FDOT BRIDGE #150043 (07-0024-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 therermder, including the contract
documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of
Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the
Plans and Specifications therein referred to and made a part thereof, and such alterations as may be
made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless
the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or
skill, negligence or default, including patent infringements on the part of the said Contractor agents
or employees, in the execution or performance of said contract, including errors in the plans
fumished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make
payments to all persons supplying him, them or it, labor, material, and supplies used directly or
indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of
the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and
Surety jointly and severally agree to pay to the Owner any difference between the sum to which the
said Contractor would be entitled on the completion of the Contract, and that which the Owner may
be obliged to pay for the completion of said work by contract or otherwise, & anydamages, direct or
indirect, or consequential, which said Owner may sustain on accormt 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.
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CONTRACT BOND
(2)
And the said Contractor and Surety hereby further bind themselves, their successors, executors,
administrators, and assigns, jointly and severally, that they will amply and fully protect the said
Owner against, and will pay any and all amounts, damages, costs and judgments which may be
recovered against or which the Owner may be called upon to pay to any person or corporation by
reason of any damages arising from the performanGe of said work, or of the repair or maintenance
thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or
servants or the improper performance of the said work by the Contractor or his agents or servants, or
the infringements of any patent rights by reason of the use of any material furnished or work done; as
aforesaid, or otherwise.
And the said Contractor and Surety hereby further bind . themselves, their successors, heirs,
executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the
Owner may be compelled to pay because of any lien for labor material furnished for the work,
embraced by said Contract.
And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms, of the contract or to the work to be performed thereunder or
the specifications accompanying the same shall in any way affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addition to the terms of
the contract or to the work or to the specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this 5TH
day of JUNE , 2008.
.~~ L BVfI)
~,.\ MY COMMISSION' DO 418194
EXPIRES: April 12, 2Ol>>
Bonded 1lw NoIaryNlllc UndIIWllIIn
WITNESS:
UNTERSIGNED:
N/A
,Page 2
OHIO CASUALTY INSURANCE COMPANY
SURETY
By:
ATTORNEY-IN-FACT
ALVIN'A. MILLER, JR.
1
No. 39-726
Know AII.Menby These.Presents:-- That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation; and WEST AMERICAN
I INSURANCE CQMPANY, an.lndiana Corporation, pursuant to the authoritY granted b)t Article 1II,Section.9 of the Code of Regulations. and By-Laws of The Ohio
c'Cii~lraliY1fiSTIj.iilice.Cbljjp~ftyantfWest=-A:ifiiiriCfitf !i1surlln.ce company;.dol1ereby'ilomiilalc; constitllte and-appoint:. WendelrJ..;~ -;lones;CAlvin)\.; Miller,-Jr., ClJillllilc .
Di Rienzo, Deana L. Fitch, Patricia M. Di Vito, Kelly M. Tomlto, Shirley A. Davis or Kimberly Piscitclli of Canfield, Ohio its true and lawful agent (s) and
attorney (s)-in-fact, to. make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS. and
RECOGNIZANCES excluding, howi:ver, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and
purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Fairfield, Ohio, in
their own proper persons. ' ..
The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact.
CERTIFIED COPY OF POWER OF A TIORNEY
. THE O~1l0 CASUALTY INSURANCE COMPANY
WEST AMEiuCANINSURANCE COMPANY
1
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In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company
has hereunto subscribed his name and affixed the Corporate Seal of each Company this 5th day of Jannary, 2007.
1
All.-Yl" 4~
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Sam Lawrence, Assistant S~crel8lY
STATE OF OHIO, .
COUNTY OF BUTLER
1
On this 5th day of January, 2007 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified. came
Sam Lawrence, Assistant Secretary ofTRE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally
known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged .the execution of the.same, and .being by me
.duly sworn deposes and says, that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said
Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the.said instrumen~ by the authority. and direction of the said
Corporations.
1
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IN T~T!M~ WHEREOF. I h~' horem>to '" my h,,' "d offixod my Offici. "'" "." COy ~S)Of4 ~ fi,,' '00'" mi_
Nolal)' Public in and for County of Buller, Stale of Ohio
My Commission expires August 6, 2007.
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This power of attorney is granted tlllder and by authority of Article Ill, Section 9 of the Code of Regulations and By.Laws o~The Ohio Casualty Insurance Company
and West American Insurance Company, extracts from which read:
Article III, Section 9. Appointment of Attorneys-in-Fact. The Chairman of the Board, the President, any Vice-President, the Secretary or any Assistant
Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the
corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or
other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, partnership, limited liability company or other entity,
or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America or any agency
thereof, or to any other political subdivision thereof
This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, 2004:
RESOLVED, That the signature of any officer of the Company authorized under Article Ill, Section 9 of its Code of Reguhltions and By-laws and the
Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal and deliver for and on its
behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof; to prescribe their respective duties and -the respective limits of their
authority; and to revoke any such app.ointmenl Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to
any bond, undertaking. or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect
as though manually affixed.
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CERTIFICATE
I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and -West American Insurance Company, do hereby certify that the foregoing power of
attorney, the referenced By-Laws of the Companies and the above Resolution of their Boards of Directors are true and correct copies and are in full force and effect on
th is date. .
IN WITNESS WHEREOF, I have hereunto set my hand and the seals ofthe Companies this 5TH day of JUNE 2008
~~"1~tN.~~~ t."'''.~~'!.~~
iI'" "'~ ~/ ...~" ~~/~
~\ SEAL II iJ SEAL ii
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Assistant Secretary
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THE.OHIOCASUALTY INSURANCE. COMPANY
u_ -FINANCIALSTATEMENT~DECEMBER31;2007
ASSETS
2007
Cash
Bonds ..
Stocks
Real Estate (less encumbrances)
Premiums in Course of Collection
Investment Income Due and AcclUed
Reinsurance Recoverable
Other Assets
Total Assets
$ 151,727,918.00
- - 3,187,884,819.00
666,899,685.00
19,714,920.00
332,518,387.00
42,937,405.00
21,209,348.00
158,162,181.00
$ 4,581,054,663.00
LIABILITIES
Reserve for Outstanding Losses
Reserve for Unealned Premiums
Reserve for Taxes and Expenses
Reserve for Reinsurance
Other Liabilities
Total Liabilities
Capital Stock
Net Surplus
Policyholders Surplus
Total Liabilities, Capital Stock and Surplus
$ 2,111,878,793.00
608,749,439.00
156,313,727.00
1,864,715.00
345,816,006.00
$ 3,224,622,680.00
$ 4,500,000.00
1,351,931,987.00
$ 1,356,431,987.00
$ 4,581,054,667.00
State of Ohio )
County of Butler ) SS.:
Gary R. Gregg being duly sworn says: That he is President of The Ohio Casualty Insurance
Company of Hamilton, Ohio; that said Company is a cOlporation duly organized, existing and
engaged in business as a Surety by virtue of the laws of the State of Ohio and has duly complied
with all the requirements of the laws of the said State applicable to said Company and is duly
qualified to act as Surety under such laws; that said Company has also complied with and is duly
qualified to act as Surety under the Act of Congress of July 30,1947 (6 U.S.C. 6-13); that to the
best of his knowledge and belief the above statement is a full, tlUe and correct statement of the
financial condition of said Company on the 31 st day of December, 2007.
Sworn to before me this 6th day of March, 2008.
t!kf .J ~
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Cheryl S. Gregory, Notary Public
My Commission Expires August 5, 2012.
Gary R. Gregg, President
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CONTRACT
This CONTRACT made and entered into this tL- day of ~ ' 2008 by and between the
City of Clearwater, Florida, a municipal corporation, hereina r designated as the "City", and M & J
CONSTRUCTION COMPANY. INC. of the City of TARPON SPRINGS, County of
PINELLAS and State of FLORIDA hereinafter designated as the "Contractor".
WITNESSETH:
That the parties to this contract each in consideration of the undertakings, promises and agreements
on the part ofthe other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the
sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at
their own cost and expense perform all labor, furnish all materials, tools and equipment for the
following:
REFURBISHMENT OF PEDESTRIAN BRIDGE UNDER FDOT BRIDGE #150043
(07-0024-EN) FOR THE SUM OF: ONE HUNDRED FORTY-NINE THOUSAND EIGHT
HUNDRED TWENTY DOLLARS AND NO CENTS ($149,820.00)
In accordance with such proposal and technical supplemental specifications and such other special
provisions and drawings, if any, which will be submitted by the City, together with any
advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto
attached, and any drawings if any, which may be herein referred to, are hereby made a part of this
contract, and all of said work to be performed and completed by the contractor and its successors and
assigns shall be fully completed in a good and workmanlike manner to the satisfaction ofthe City.
If the Contractor should fail 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 remedies provided on its behalf
and shall have the right to proceed to complete such work as Contractor is obligated to perform in
accordance with the provisions as contained herein.
THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES
ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF
THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES
TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR
DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY
CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE
CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS
OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED
CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES.
Page 3
CONTRACT
(2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employee or applicant for employment because of race, sex, religion, color, or
national origin. The aforesaid provision shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or
termination; rates of payor other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees
or applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of the non-discrimination clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the
event that the work to be performed by the Contractor is not completed within the time stipulated
herein, it is then further agreed that the City may deduct from such sums or compensation as may be
due to the Contractor the sum of $1.000.00 per day for each day that the work to be performed by the
Contractor remains incomplete beyond the time limit specified herein, which sum of $1.000.00 per
day shall only and solely represent damages which the City has sustained by reason of the failure of
the Contractor to complete the work within the time stipulated, it being further agreed that this sum is
not to be construed as a penalty but is only to be construed as liquidated damages for failure of the
Contractor to complete and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the surety bond which is attached hereto for the faithful performance ofthe terms and
conditions as contained herein by the Contractor, that the City shall at any time deem the surety or
sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to
be adequate in amount to cover the performance of the work the Contractor shall, at his or its own
expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional
bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the
City. If such an event occurs, no further payment shall be made to the Contractor under the tenns and
provisions of this contract until such new or additional security bond guaranteeing the faithful
performance of the work under the terms hereof shall be completed and furnished to the City in a fonn
satisfactory to it.
Page 4
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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.
By: ~f3- ~ L!:
William B. Home, II
City Manager
(Seal)
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
Attest:
BY:~~
~ibbard,
Mayor-Councilmember
Countersigned:
Camilo Soto
Assistant City Attorney
(Contractor must indicate whether Corporation,
Partnership, Company or Individual.)
11J- ~ Ccr-~-h-u~ ~ \c, '" ~
?; ~" t/2h<...
(The person signing shall, in his own
handwriting, sign the Principal's name, his own
name, and his title; where the person is signing
for a Corporation, he must, by Affidavit, show
his authority to bind the Corporation).
Page 5
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~CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT
(CORPORATION FORM)
STATE OF FLORI DA
COUNTY OF PIN LLAS
On this daJ personally appeared before me, the undersigned authority, duly authorized to
administer oaths an take acknowledgments, , who after being duly sworn,
deposes and says:
That he is t e (TITLE) of M & J
CONSTRUCTIO COMPANY INC. a Missouri Corporation, with its principal place of business
located at 809 S. SAFFORD A VENUE TARPON SPRINGS FLORIDA 34689 (herein, the
"Contractor") .
That the Co tractor was the general contractor under a contract executed on the day of
, 2008, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as
Owner, and that the Contractor was to perform the construction of:
REFURBISHMENT OF PEDESTRIAN BRIDGE
UNDER FDOT BRIDGE #150043 (07-0024-EN)
That said work has ow been completed and the Contractor has paid and discharged all sub-contractors,
laborers and materi 1 men in connection with said work and there are no liens outstanding of any nature
nor any debts or 0 lligations that might become a lien or encumbrance in connection with said work
against the describe property.
That he is aking this affidavit pursuant to the requirements of Chapter 713, Florida Statutes,
and upon considera . on of the payment of (Final Full Amount of Contract) in
full satisfaction and discharge of said contract.
That the Ower is hereby released from any claim which might arise out of said Contract.
The word "1 ens" as used in this affidavit shall mean any and all arising under the operation of
the Florida Mechani 's Lien Law as set forth in Chapter 713, Florida Statutes.
S worn and subscrib d to before me
M & J CONSTRUCTION COMPANY. INC.
AFFIANT
This _ day of
, 2008.
BY:
NO ARY PUBLIC
My Commission E pires:
PRESIDENT
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PROPOSAL BOND
(Not to be filled out if a certified check is submitted)
KNOWN ALL MEN BY THESE PRESENTS: That we, the tUldersigned,
M & J Constructio Company of Pinellas Count, InlBS Principal, and Ohio Casualty Insurance Company
as Surety, are held and fumly bound unto the City of Clearwater,
of Dollars ($ )
of 10% of Contractors total bid amount) for the payment of which, well and troly to
be made, we ereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors and ,signs.
The condition o~the above obligation is such that if the attached Proposal ofM & J Construction
Company of Pinell s County, Inc. as Principal, and Oho Casualty Insurance Company as
Surety, for work ecified as: Refurbishment of Pederstrian Bridge Under FOOT Bridge #43
Project Number: 17-0024-EN
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all as stipulated 'n said Proposal, by doing all work incidental thereto, in accordance with the plans and
specifications pr vided herefor, all within Pinellas County, is accepted and the contraCt awarded to the
above named bi cr, and the said bidder shall within ten days after notice of said award enter into a
contract, in wri' g, and furnish the required Performance Bond with surety or sureties to be approved
by the City M ger, this obligation shall be void, otherwise the same shall be in full force and virtue
by law and the 1 amount of this Proposal Bond will be paid to the City as stipulated or liquidated
damages.
Signed this 23rd day of April
.2008
(principal must i dicate whether
corporation, p ership. company
or individual)
M & ;jf/!3"'.II.' County, 'no
Prin . I" I?tl /VVi ntJ"
The person si . g shaU, in his own
handwriting,51 the Principal's
name, his own n e and his title;
the person signi g for a corporation
must, by affida . , show his authority
to bind the corp tion.
By: frtl:/1 ~J-
Title
SECTION v CONTI CT.~
PIgo 8
Revised: 5/0912007
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AFFiDAVIT
(To be filled in and executed if the bidder is a corporation)
STATEOFFLO
COUNTY OF
being duly sworn, deposes and says that he/she is
/Zir{l/r6fii a;jJ I1ndfafl ~
ity County. State
minute books and by-laws of
UJ In~/
(Name of Corporation)
Affiant further says at JafJl1t~ 'hJL[ifpLifflj is -V/L -C Pr61 de-n/-
(Officer's Name) (Title)
of the corporation, is duly authorized to sign the Proposal for ~ ~ jJ1J W1 not:;
for said corporation y virtue of
(state whether a provision of by laws or a Resolution of the ,oard of
Directors. Ifby Resolution give, pt" on).
Sworn to before me I is --#k- day of --1lPvi I
, 20 of;
~l~~
, v - otary Public
..0. MELANIE MARIE DERRISO
'" ~ 6~ MY COMMISSION # 00488758
"'1-IIFfl.Il" EXPIRES: NO\'. 7, 2009
(407) ~153 RortclOl NoIIuy SeMcacam
Jv1 'C I tuvi-LDcn1 :;t)
Type/print/stamp name of Notary
~~766
Title or rank, and Serial No., if any
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SECTION V CONTRACT.~OC
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Page 9
Revised: 5/09/2007
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No. 39-726
Know All Men by Th se Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN
INSURANCE COMPANY, an India a Corporation, pursuant to the authority granted tiY Article III, Section 9 of the Code of Regulations and By-Laws of The Ohio
Casualty Insurance Company and W st American Insurance Company, do hereby nominate, constitute and appoint: Wendell L. Jones, Alvin A. Miller, Jr., Claudia
Di Rienzo, Deana L. Fitch, Patrici 1\1. Di Vito, Kelly M. Tomko, Shirley A. Davis or Kimberly Piscitelli of Canfield, Ohio its true and lawful agent (s) and
attorney (s)-in-fact, to-make, execu e, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and
RECOGNIZANCES excluding, how ver, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon
And the execution of such bonds o. undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and
purposes, as if they had been duly e ecuted and acknowledged by the regularly elected officers of the Companies at their administrative offices in Fairfield, Ohio, in
their own proper persons. .
The authority granted hereunder sup rsedes any previous authority heretofore granted the above named attorney(s)-in-fact.
CERTIFIED COPY OF POWER OF ATTORNEY
THE Omo CASUALTY INSURANCE COMPANY
WEST AMERICAN INSURANCE COMPANY
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HEREOF, the undersigned officer of the said Tile Ohio Casualty Insurance Company and West American Insurance Company
affixed the Corporate Seal of each Company this 5th day of January, 2007.
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Sam Lawrence, Assistant Secrelary
STATE OF OHIO,
COUNTY OF BUTLER
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On this 5th day of January, 2007 b fore the subscriber, a Notary Public oCthe State of Ohio, in and for the County of Butler, duly commissioned and qnalified, came
Sam Lawrence, Assistant Secreta y of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally
known to be the individual and offi er described in, and who executed the preceding instrument, and he acknowledged -the execution of the same, and -being by me
'duly sworn deposes and says, that is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said
Companies, and the said Corporate eals and his signature as officer were duly affixed and subscribed to the-said instrument by the authority. and direction of the said
Corporations.
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"""'.to,~ my h.., .., ._, my Offi.;'" Sod """ City ~ S!~Of 4. "ii fim! .h." ,,'tton
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Notary Public in and for County ofButlcr, State of Ohio
My Commission expires August 6, 2007.
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This power of attorney is granted u der and by authority of Article ru, Section 9 of the Code of Regulations and By-Laws of The Ohio CaSualty Insurance Company
and West American Insurance Com any, extracts from which read: .
Article III, Section 9. oinD e t 0 ttorne s-i -Fact. The Chairman of the Board, the President, any Vice-President, the Secretary or any Assistant
Secretary of the corporation shall e and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the
corporation as surety to, and to exe ute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or
other instruments of suretyship and policies of insurance to be given in favor of any individullI, firm, corporation, partnership, limited liability company or other entity,
or the official representative thereo , or to any county or state, or any official board or boards of any county or state, or the United States of America or any agency
thereof, or to any other political sub ivision thereof
This instrument is signed and seale as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21,2004:
RESOLVED, That the ignature of any officer of the Company authorized under Article Ill, Section 9 of its Code of Regulations and By-laws and the
Company seal may be affixed by :f1 csimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal and deliver for and on its
behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their
authority; and to revoke any such a pointmenl Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect 10
any bond, undertaking or other wri ten obligations in the nature thereofto which it is attached, be valid and binding upon the Company with the same force and effect
as though manually affixed.
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CERTIFICATE
I, the undersigned Assistant Secret ry of The Ohio Casualty Insurance Company and -West American Insurance Company, do hereby certify that the foregoing power of
attorney, the referenced By-Laws 0 the Companies and the above Resolution of their Boards of Directors are true and correct copies and are in full force and effect on
this date. '
IN WITNESS WHEREOF, I have I ereunto set my hand and the seals of the Companies this 23RD day of APRIL 2008
~t:':"~~.~~'!j1;
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if SEAL 'i~ . ~;:. ,
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Assistant Secretary
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OHIO CASUALTY INSURANCE COMPANY
ASSETS
2006
Cash
Bonds
Stocks
Real E tate (less encumbrances)
Premi in Course of Collection
Investt ent Income Due and Accmed
Reins 'ance Recoverable
Other ssets
Total ssets
$ 17,587,183.00
2,939,354,845.00
799,746,038.00
25,448,037.00
347,602,989.00
40,586,479.00
7,412,334.00
172,038,074.00
$ 4,349,775,979.00
IABIUT ES
e for Outstanding Losses
e for Unearned Premiums
e for Taxes and Expenses
Rese e for Reinsurance
Other iabilities
T tal Liabilities
C pital Stock
N t Smplus
Polic alders Surplus
Total iabilities, Capital Stock and Smplus
$ 2,124,818,991.00
640,546,975.00
161,802,518.00
919,716.00
338,969,981.00
$ 3,267,058,181.00
$ 4,500,000.00
1,078,217,796.00
$ 1,082,717,796.00
$ 4,349,775,977.00
Ralph S. ichae1 III, being d~ly sworn says: That he is President of The Ohio Casualty Insurance
Company f Hamilton, Ohio; that said Company is a corporation.du1y organized, existing and
engaged in business as. a Surety by virtue of the laws of the State of Ohio and has duly complied
with all th requirements of the laws of the said State applicable to said Company and is duly
qualified t act as Surety under such laws; that said Company has also complied with and is duly
qualified t act as Surety under the Act of Congress of July 30, 1947 (6 U.S.C. 6-13); that to the
best of his knowledge and belief the above statement is a full, true and con'ect statement of the
financial c ndition of said Company on the 31st day of December, 2006.
Sworn to b fore me this 9th day of March, 2007.
t!kf .J ~
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Cheryl S. regory, Notary Public
My Co ission Expires August 6, 2007.
Ralph S. Michael III, President
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. PROPOSAL
(2)
If the foregoing Pro osal shall be accepted by the City of Clearwater, Florida, and the undersigned shall
fail to execute a sat' sfactory contract as stated in the Advertisement herein attached, then the City may,
at its option dete . e that the undersigned has abandoned the contract, and thereupon this Proposal
shall be null and vo d, and the certified check or bond accompanying this Proposal; shall be forfeited to
become the prope 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 r liquidated damages; otherwise, the bond or certified check accompanying this
Proposal, or the am unt of said check, shall be returned to the undersigned as specified herein.
Attached hereto is a bond or certified check on
Bank, for the sum of
($
)
(being a m nimum of 10% of Contractor's total bid amount).
The full names and esidences of all persons and parties interested in the foregoing bid are as follows:
(If corporation, giv the names and addresses of the President and Secretary. If firm or partnership, the
names and addresse of the members or partners. The Bidder shall list not only his name but also the
name of any person ith whom bidder has any type of agreement whereby such person's improvements,
enrichment, emplo ent or possible benefit, whether sub-contractor, materialman, agent, supplier, or
employer is conting nt upon the award of the contract to the bidder).
NAMES:
eft
1/
1/
Signature of Bidder:
(The bidder must in icate whether<forpora~ Partnership, Company or Individual).
SECTION V CONTRAldo'
Page 12
Revised: 6/18/2007
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NON-COLLUSION AFFIDAVIT
being, first duly sworn, deposes and says that he is
of Mf,.f {/JY701m Mbn W OfjrtlJ&
the party making th foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that
said bidder is not nancially 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 y bidders or person, to put in a sham bid or that such other person shall refrain
from bidding, and as not in any manner, directly or indirectly, sought by agreement or collusion, or
communication or onference, with any person, to fix the bid price or affiant or any other bidder, or to
fix any overhead, p ofit or cost element of said bid price, or that of any other bidder, or to secure any
advantage against t e City of Clearwater, Florida, or any person or persons interested in the proposed
contract; and that 1 statements contained in said proposal or bid are true; and further, that such bidder
has not directly or i directly submitted this bid, or the contents thereof, or divulged information or data
relative thereto to y association or to any member or agent thereof.
~'.
Sworn to and subsc 'bed before me this .1!- day of
, 200 fJ
1vu,~
Notary Public
SECTION V CONTRAC .doc
(
IE DERRlS0
~. ~ MEU\tlIE Mi\~N tt ot)488758
~1lBil MY COMM1SSl 1JI.'9
~,:9 iI EXPlRES' NO'I.7,
'lilt t\.q; l'\oIIdll NOWI serAce.ccm
Of _a~' 5~ r. .. .:.:....-.-----
(4011 ~ ~
Page 10
Revised: 5/09/2007
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,PROPOSAL
(1)
TO THE CITY 0 CLEARWATER, FLORIDA, for
and doing such othe work incidental thereto, all in accordance with the contract documents, marked
Every bidder must t e notice of the fact that even though his proposal be accepted and the documents
signed by the bidde to whom an award is made and by those officials authorized to do so on behalf of
the City of Clearw er, 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 e approval of the City Attorney as to the form and legality of the contract and all
the pertinent docum nts relating thereto having been approved by said City Attorney; and such bidder is
hereby charged with this notice.
The signer of the P oposal, as bidder, also declares that the only person, persons, company or parties
interested in this roposal, are named in this Proposal, that he has carefully examined the
Advertisement, Ins ctions 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 ecessary to determine the character and extent of the work and he proposes and
agrees that if the Pr posal be accepted, he will contract with the City of Clearwater, Florida, in the form
of contract; hereto exed, to provide the necessary labor, materials, machinery, equipment, tools or
apparatus, do all th work required to complete the contract within the time mentioned in the General
Conditions and ac rding 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:
SECTION V CONTRACT doc
Page II
Revised: 5/09/2007
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PROPOSAL
(3)
The person signing hall, in his own handwriting, sign the Principal's name, his own name and his title.
Where the person . gning for a corporation is other than the President or Vice-President, he must, by
affidavit, show his uthority, to bind the corporation.
By:
Title: 1re.~i of (n ~
fJDq b VJa/f1Jro1 -/tVc,
Zip Code ,'Aiatif1
City and State:
,A.D.,~
Dated at
, this -H- day of -l1p ri I
SECTION V CONTRAC .doc
Page 13
Revised: 6/18/2007
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CITY OF CLEARWATER
ADDENDUM SHEET
PROJECT: ~0-'b~ !>h{Y}~ nl-1J/-1?dt'J{l/Id Y/ fJJ0d9f Wioler
Acknowledgment is hereby m~e following addenda received since issuance of Plans and
Specifications.
Addendum No. -L Date: ~
Addendum No. Date:
Addendum No. Date:
-
Addendum No. Date:
-
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
Addendum No. Date:
-
Addendum No. Date:
SECTION V CONTRACT.doc
Page 14
~'{)b
(Date)
Revised: 5/09/2007
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BIDDER'S PROPOSAL
PROJECT: REFURBISHMENT OF PEDESTRIAN BRIDGE UNDER
FDOT BRIDGE #150043 (07-0024-EN
$
$
$/
CONTRACTOR:~ (;:;ne>11'UCt1onCb o~ft(){)Aa,-~ CD Jn~.
BIDDER'S TOTAL $ I k-vt I 820. 00 (Numbers)
On & Hv n 01 rai Po uf -ty A/J nb -rho wJtmd
r .e. (Words)
ITEM
#
BID ITEMS
EST. UNIT
QTY.
EST.
UNIT
PRICE
Cleaning, surface preparation and
application of a new three (3) coat 1
1 high performance coating system to
the Mandalay Channel Pedestrian
Underpass in Clearwater Beach,
Florida
LS $
Provide containment(s) for control
over emissions and releases, 1
2 collection testing and disposal of
wastes in accordance with
a licable laws and re ulations
LS $
This Bid Item is for two (2) Fixed 2
3 Proiect Siflns. furnished and
installed
EA $
4
SUB-TOTAL ITEMS 1-3
10% CONTINGENCY
TOTAL CONSTRUCTION COST ITEMS 1-4)
BIDDER'S TOTAL $
/.
,
TOTAL
$ .4'0 000. Of)
I
$ ~6, OW. 00
$ I, 'tOO, of)
.0{)
~~
It)
THE BIDDER'S TOTAL ABOVE IS HIS TOTAL BID BASED ON IDS UNIT PRICES AND
LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED. THIS FIGURE IS
FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL MAKE
THE TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICE BID. IF THERE
IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY
THE UNIT PRICES AND LUMP SUM PRICE SHALL GOVERN.
16
~ CERTIFICATE OF LIABILITY INSURANCE D~~~~;i~~)
I PRODUCER (330)533-1195 FAX (330)533-7583 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
L C 1 . J & C ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
. a Vln ones 0.. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
I 3744 Starr Centre DrlVe ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 159
Canfield, OH 44406-0159 INSURERS AFFORDING COVERAGE NAlC #
INSURED INSURER A: Travelers Indemity Company 25658
M & JConstruction COll1'any of Pinellas INSURERB: Charter Oak Fire Ins Co. 25615
County, Inc. INSURERC: Ins COll1'any of the State of PA
P . O. Box 698 INSURER D:
Tarpon Spri ngs, Fl 34688 INSURER E:
".COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
I 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~~ ~~~1 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
I.
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A
A
GENERAL LIABILITY DTC08366l377IND07 12/23/2007 12/23/2008 EACH OCCURRENCE $
- DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY $
I CLAIMS MADE m OCCUR MED EXP (Anyone person) $
PERSONAL & ADV INJURY $
-
GENERAL AGGREGATE $
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $
I IX] PRO- nLOC
POLICY JECT
AUTOMOBILE LIABILITY DT8108366l377COF07 12/23/2007 12/23/2008 COMBINED SINGLE LIMIT
X (Ea accident) $
ANY AUTO
-
ALL OWNED AUTOS BODILY INJURY
- (Per person) $
SCHEDULED AUTOS
-
HIRED AUTOS BODILY INJURY
- (Per accident) $
NON-OWNED AUTOS
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
==] ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY DTSMCUP8366L377IND07 12/23/2007 12/23/2008 EACH OCCURRENCE $
XJ OCCUR D CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
X RETENTION $ 10,00(1 $
WORKERS COMPENSATION AND WC295-39-09 06/07/2008 06/07/2009 I WC STATU-I X IOJ~-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
If yes, describe under E.L. DISEASE - POLICY LIMIT $
SPECIAL PROVISIONS below
OTHER
bDESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
I~e: Refurbishment of Pedestrian Bridge Under FOOT Bridge # 150043 (07-0024-EN)
Ity of Clearwater is named as an Additional Insured when required by written contract on the
~eneral Liability coverage with respect to work performed for them by the Named Insured on the
1000ve captioned project. as their interest oay appear.
E
o
1,000,00e
300,00e
5,00e
1,000,000
2,000,000
2,00Q,000
1,000,000
4,000,000
4,000,000
1,000,00(1
1,000,00(1
1. 000 ,00(1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
...1L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO UCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
City of Clearwater
100 S. Myrtle Ave.
Clearwater, FL 33756
I ACORD 25 (2001/08)