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CLEARWATER NUISANCE AND EXOTIC VEGETATION CONTROL AND MAINTENANCE ON CITY LAKES, PONDS, CHANNELS, GABION STRUCTURES AND IMMEDIATE ADJACENT TRANSITIONAL AREAS - 04-0057-EN� �� , � 1 , � � � �! TECHNICAL SPECIFICATIONS AN D CONTRACT DOCU M E NTS for ' CLEARWATER NUISANCE AND EXOTIC VEGETATION CONTROL AND � MAINTENANCE ON CITY LAKES, PONDS, CHANNELS, GABION STRUCTURES AND � IMMEDIATE AD�ACENT TRAN SITIONAL ' AREAS (04-0057-EN) � � � t OCTOBER, 2004 � ADDENDUM NO. 1 � FOR CLEARWATER NUISANCE AND EXOTIC VEGETATION CONTROL AND MAINTENANCE ON CITY LAKES, PONDS, CHANNELS, GABION STRUCTURES ' AND IMMEDIATE ADJACENT TRANSITIONAL AREAS PROJECT CITY OF CLEARWATER, FLORIDA City Project No. 04-0057-EN ' DATE: October 19, 2004 ' SUBJECT: Addendum No. 1 L' t ' 1 ' ' ' ' ' ' , � �� TO: Prospective Bidders and Others Concerned 1. An on site meeting is scheduled for Friday, October 22, 2004 at 10:OOam at the Municipal Services Building, Engineering Department, 2"d floor, front desk. 2. Per request, the previous contract's bidding schedule is attached. 3. All questions must be submitted to the project manager, Heather Faessler, by 5:OOpm, Friday, October 22, 2004. 4. The contract bid is to include any and all invasive, submerged vegetation and algae blooms. 5. A qualified scientist is an acceptable substitution for a certified biologist to oversee this project and must be available to City staff for any questions. END OF ADDENDUM #1 THE CITY OF CLEARWATER PINELLAS COUNTY, FLORIDA Bv: /s/William B. Horne, II City Manager ' � , t ' 1 � u 1 t ' ' 1 ' u 1 , ' � Page 1 of 2 Page 2 fof 2 i � SECTION I ADVERTISEMENT OF BIDS & NOTICE TO CONTRACTORS � CLEARWATER NUISANCE & EXOTIC VEGETATION CONTROL & MAINTENANCE ON CITY LAKES, PONDS, CHANNELS, AND IMMEDIATE ADJACENT TRANSITIONAL AREAS CONTRACT NO. 04-0057-EN � CLEARWATER, FLORIDA Copies of the Contract Documents and Plans for this project are available for inspection and/or purchase by �prospective bidders at the Municipal Services Bldg., Public Works Administration Office, 2nd Floor, 100 S. Myrtle Ave., Clearwater, Florida, between the hours of 8:30 a.m. and 4:30 p.m. Monday thru Friday, on WEDNESDAY, OCTOBER 6, 2004, until no later than close of business three days preceding the bid opening. A � charge of $45.00, none of which will be refunded, will be made for each set. The work for which proposals are invited consists of the herbicidal and mechanical controU removal of exotic vegetation, mowing maintenance, and trash removaUdebris located in the lakes, ponds, creeks, and channels owned ' by the City of Clearwater. A qualified biologist is required to oversee this project. � A complete bidders package containing atlas maps, specifications, bond forms, contract form, affidavits and bid schedule form is available only to Contractors who have at least one degree certified biologist on staff with a �minimum three years experience in their particular trade and who provide a minimum of three references relating specifically to the type of work that shall be performed for this project with a minimum pre- qualification amount of $100,000. A MANDATORY Pre-Bid Conference has been scheduled for all prospective bidders to be held on MnNnAY, (�C'TnRFR 1 R, 2004 AT 10:00 A_M_ at the Municipal Services Building, 100 S. Myrtle Ave, lst floor, Human Resources Training Room #130, Clearwater, Florida. Representatives of the Owner and Engineer will be present to discuss the project. �Sealed proposals will be received by the Purchasing Manager, at the Purchasing Office, located at the '� Municipal Services Bldg.,100 S. Myrtle Ave., 3rd Floor, Clearwater, Florida 33756-5520, unti11:30 P.M. on THiTR�nAY, nC'TnRF,R 2R, 2004, and publicly opened and read at that hour and place for CLEARWATER �NUISANCE & EXOTIC VEGETATION CONTROL & MAINTENANCE ON CITY LAKES, PONDS, CHANNELS, AND IMMEDIATE ADJACENT TRANSITIONAL AREAS, CONTRACT NO. 04-0057- EN. � A 10% bid bond is required for all City of Clearwater projects. � The right is reserved by the City Manager of the City of Clearwater, Florida to reject any or all bids. � The City of Clearwater, Florida William B. Horne, II, City Manager � � � ' � � � � � �� ,� �� ► 1 . SF,C'.TTnN I ADVERTISEMENT FOR BIDS & NOTICE TO CONTRACTORS II INSTRUCTION TO BIDDERS COPIES OF BIDDING DOCUMENTS QUALIFICATION OF BIDDERS EXAMINATION OF CONTRACT DOCUMENTS AND SITE INTERPRETATIONS AND ADDENDA BID SECURTTY OR BID BOND CONTRACT TIME LIQUIDATED DAMAGES SUBSTTTUTE MATERIAL & EQUIPMENT SUBCONTRACTORS BID/PROPOSAL FORM SUBMISSION OF BIDS MODIFICATION AND WITHDRAWAL OF BIDS REJECTION OF BIDS DISQUALIFICATION OF BIDDER OPENING OF BIDS LICENSES, PERNIlTS, ROYALTY FEES AND TAXES IDENTICAL TIE BIDS/VENDOR DRUG FREE WORKPLACE A ARTiC'.i,F, N/A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 PA(:F N/A 1 1 2&3 3 3&4 4 4 4 4&5 5 6 6 6 7 7 7 7&8 June 2002 ► 1 _. � _ �► II INSTRUCTIONS TO BIDDERS CONTINUED: AWARD OF CONTRACT BID PROTEST TRENCH SAFETY ACT ►��IYC�7A�1 III GENERAL CONDITIONS DEFINITIONS PRELIlVIINARY MATTERS DELIVERY OF BONDS AND CERTIFICATES OF INSUR.ANCE COPIES OF DOCUMENTS COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED; STARTING THE PROJECT BEFORE STARTING CONSTRUCTION PRECONSTRUCTION CONFERENCE CONTRACT DOCUMENTS, INTENT INTENT REPORTING & RESOLVING DISCREPANCIES AVAII,ABILTTY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS AVAILABILITY OF LANDS INVESTIGATIONS AND REPORTS PHYSICAL CONDITIONS; UNDERGROUND FACILITIES 18 19 20 1 2 2.1 2.2 2.3 2.4 2.5 3 3.1 3.2 4 4.1 4.2 4.3 PA(:F 8&9 9&10 10 1 THRU 4 4&5 5&6 6 THRU 8 $ June 2002 � � � � � � � � � � � � � � � ,� �� ►�17�:, �`�T�I Y C�7►� III GENERAL CONDITIONS CONTINUED: REFERENCE POINTS BONDS AND INSUR.ANCE PERFORMANCE AND PAYMENT BOND/CONTRACT BOND INSURANCE Worlanen's Compensation Insurance Public Liability & Properly Damage Longshore & Harbor Worker's Compensation WANER OF RIGHTS CONTRACTORS RESPONSIBILITIES SUPERVISION AND SUPERINTENDENCE LABOR, MATERIALS AND EQUIPMENT SUBSTITUTES AND "OR EQUAL" TTEMS RESPONSIBILIT'Y FOR SUBCONTRACTORS, SUPPLIERS AND OTHERS USE OF PREMISES LICENSE AND PATENT FEES, ROYALTIES AND TAXES LAWS AND REGULATIONS PERMTTS SAFETY AND PROTECTION EMERGENCIES SHOP DRAWINGS AND SAMPLES C ��_. 4.4 5 5.1 5.2 5.3 6 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 PA(:F 8 THRU 11 11 12 THRU 18 June 2002 ► 1 . �F.C'TinN ARTiC:i,F, III GENERAL CONDITIONS CONTINUED: AS-BUII,T DRAWIl�TGS CAD STANDARDS DELNERABLES CONTRACTOR'S GENERAL WARRAN'TY AND GUAR.ANTEE CONTINUING THE WORK INDEMNIFICATION OTHER WORK RELATED WORK AT STTE COORDINATION OWNERS RESPONSIBILITY ENGINEER'S STATUS DURING CONSTRUCTION OWNERS REPRESENTATNE CLAR�'ICATIONS AND INTERPRETATIONS REJECTING OF DEFECTNE WORK SHOP DRAWIlVGS, CHANGE ORDERS, AND PAYMENTS DECISIONS ON DISPUTES LIlVIITATIONS ON ENGINEER'S RESPONSIBILTTIES CHANGES IN THE WORK CHANGES IN TI� CONTRACT PRICE CHANGES IN THE CONTRACT PRICE 6.11 6.12 6.13 6.14 7 7.1 7.2 8 9 9.1 9.2 93 9.4 9.5 9.6 10 11 11.1 PA(:F 18 & 19 19 THRU 22 23 23 & 24 24 24&25 25 & 26 26 26 THRU 28 28 & 29 29 & 30 D J,�e 2002 � � � � `� � 1� � � � ,� � � � � �. �� ► 1 . SF,C'.TinN III GENERAL CONDITIONS CONTINUED: ALLOWANCES AND FINAL CONTRACT PRICE ADNSTMENT UNTT PRICE WORK CHANGES IN THE CONTRACT TIME TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK TESTS AND INSPECTION UNCOVERING THE WORK ENGINEER MAY STOP THE WORK CORRECTION OR REMOVAL OF DEFECTIVE WORK WARRANTY/CORRECTION PERIOD ACCEPTANCE OF DEFECTNE WORK OWNER MAY CORRECT DEFECTNE WORK PAYMENTS TO CONTRACTOR AND COMPLETION APPLICATION FOR PROGRESS PAYMENT CONTRACTOR'S WARRANTY OF TTTLE REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS PARTIAL UTILIZATION FINAL INSPECTION FINAL APPLICATION FOR PAYMENT E -0 . 11..2 11.3 12 13 13.1 13.2 133 13.4 13.5 13.6 13.7 14 14.1 14.2 14.3 14.4 14.5 14.6 0 31 32 THRU 35 35 THRU 38 June 2002 ► 1 . �` - � ► III GENERAL CONDITIONS CONTINUED: FINAL PAYMENT AND ACCEPTANCE WAIVER OF CLAIlVIS SUSPENSION OF WORK AND TERMINATION OWNER MAY SUSPEND TI� WORK OWNER MAY TERMINATE CONTRACTOR MAY STOP WORK OR TERMINATE DISPUTE RESOLUTION MISCELLANEOUS SUBMITTAL AND DOCUMENT FORMS GNING NOTICE NOTICE OF CLAIM PROFESSIONAL FEES & COURT COSTS INCLUDED ASSIGNMENT OF CONTRACT RENEWAL OPTION ARTiCi.F. 14.7 14.8 15 15.1 15.2 15.3 16 17 17.1 17.2 17.3 17.4 17.5 17.6 7� 38 THRU 40 41 41 F June 2002 � �, � � � � � � � � � �� i � � ,� � � � � ► 1 . SF,C:TinN IV TECH1vICAL SPECIFICATIONS SCOPE OF TI� WORK LINE & GRADE DEFINTTION OF TERMS ORDER & LOCATION OF THE WORK EXCAVATTON FOR UNDERGROUND WORK CONCRETE EXCAVATION & FORMS FOR CONCRETE WORK REINFORCEMENT FOR CONCRETE OBSTRUCTIONS RESTORATION OR REPLACEMENT OF CURBS, DRIVEWAYS, SIDEWALKS, AND PAVEMENTS WORK IN EASEMENTS & PARKWAYS DEWATERING SANTTARY - MANHOLES BACKFILL STREET CROSSING RAISING OR LOWERING OF SANTI'ARY SEWERS, STORM DRAINAGE STRUCTURES UNSUTTABLE MATERIAL REMOVAL UNDERDRAINS STORM SEWERS G �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 PA(:F 1 & 2a 3 4&5 5 5&6 7 8 8 8 9 10 11 12 THRU 14 14 15 15 15 16 17 & 18 June 2002 �.y �CNI Y C�7►� fi►i 17 �:, . ,, s. - IV TECH1vICAL SPECIFICATIONS (Continued:) SANITARY SEWERS & FORCE MAINS 20 DRAINAGE 21 ROADWAY BASE & SUBGRADE 22 ASPHALTIC CONCRETE MATERIALS 23 ASPHALTIC MATERIAL (ADNSTMENT BID PRICE) 24 GENERAL PLANTING SPECIFICATIONS 25 LANDSCAPE IltRIGATION HDPE DEFORMED/REFORMED PIPE LINING 26 PLANT MIX DRNEWAYS 27 REPORTING OF TONNAGE OF RECYCLED MATERIALS 28 CONCRETE CURBS 29 CONCRETE SIDEWALKS & DRIVEWAYS 30 SODDING 31 SEEDING 32 STORM MANHOLES, INLETS, CATCH BASINS, OR 33 OTHER STORM STRUCTURES MATERIAL USED 34 CONFLICT BETWEEN PLANS & SPECIFICATIONS 35 STREET SIGNS 36 VIDEO TAPING OF CONSTRUCTION WORK STTE 37 H 18 THRU 22 22 23 THRU 26 26 THRU 30 31 32 THRU 49 50 THRU 60 61 THRU 64 65 66 67 67 68 68 69 & 70 71 71 71 72 THRU 74 June 2002 � � � � � � � � � � � ,�; � � � � � � � ► 1 . fiF.C''TTnN ARTT('.T.F. IV TECH1vICAL SPECIFICATIONS (Continued): EROSION & SILTATION CONTROL UTILTTY TIE-IN LOCATION MARKING AWARD OF CONTRACT, WORK SCHEDULE & GUARANTEE WATER SPECIFICATIONS GAS SPECIFICATIONS TEI�INIS COURT CLAY TEN1vIS COURTS WORK ZONE TRAFFIC CONTROL CURED-IN-PLACE PIPE LINING POLYETHYLENE SLIl'LINING POLYVINYL CHLORIDE RIBBED PIPE GLTNITE SPECIFICATIONS SANITARY AND STORM MANHOLE LINER RESTORATION PROJECT INFORMATION SIGNS IN-LINE SKATIl�1� SURFACING SYSTEM RESIDENT NOTIFICATION OF START OF CONSTRUCT'ION GABIONS AND MATTRESSES LAWN MAINTENANCE SPECIFICATIONS MILLING CLEARIl�TG & GRUBBING . �. . .�7 � i� 38 39 40 41 42 43 43a 44 45 46 47 48 49 50 51 52 0 75 THRU 79 80 81 82 THRU 93 N/A 94 THRU 96 97 THRU 103 104 THRU 106 107 THRU 109 110 THRtJ 115 116 117 TT�U 124 125 THRU 135 136 & 137 138 THRU 140 141 & 142 53 143 THRU 148 54 149 THRU 152 55 153 THRU 155 56 156 57 157 June 2002 ► 1 . �FC'Ti()N IV TEC�CAL SPECIFICATIONS (Continued): TREATMEN�' PLANT SAFETY TRAFFIC SIGNAL EQUIPMENT AND MATERIALS SIGNING AND MARKING ROADWAY LIGHTING ROOT PRUNING V CONTRACT FORMS CONTRACT BOND CONTRACT CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT PROPOSAL BOND AFFIDAVTT NON-COLLUSION AFFIDAVIT PROPOSAL ADDENDUM ACKNOWLEDGMENT SHEET UN�f PRICE PROPOSAL SHEET(S) ►\ ;71 Y CN �1 �I 58 59 60 61 62 0 158 159 160 160 161 1&2 3 THRU 5 6 7 8 9 10 THRU 12 13 14 �j June 2002 � � � SECTION II � 1. � � � ► : �► � : 11 : 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 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 Departrnent, 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. � Section II Revised 03/02 SECTION II - INSTRUCTIONS TO BIDDERS CONTINUED: 3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 3.1 It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly; (b) visit the site to become familiar with local conditions that may in any manner affect cost, progress, performance or furnishing of the work; (c) consider and abide by all applicable federal, state and local laws, ordinances, rules and regulations; and (d) study and carefully correlate Bidder's observations with the Contract Documents, and notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 3.2 In reference to the Technical Specifications and/or the Scope of the Work for identification of those reports of explorations and tests of subsurface conditions at the site which have been utilized by the Engineer in the preparation of the Contract Documents, bidder may rely upon the accuracy of the technical data contained in such reports but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction. In reference to those drawings relating to physical conditions of existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site and which have been utilized by the Engineer in preparation of the Contract Documents, bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. 3.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site are based upon information and data furnished to the City and Engineer by owners of such Underground Facilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless expressly provided in the Contract Documents. 3.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities, other physical conditions, possible conditions, and possible changes in the Contract Documents due to differing conditions appear in the General Conditions. 3.5 Before submitting a Bid, each Bidder shall, at Bidder's own expense, ma.ke 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. Section II 2 Revised 03/02 � � SECTION II - INSTRUCTIONS TO BIDDERS CONTINUED: � � � � � � 4. � �� 5. 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 perfornung 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 Inshuctions to Bidders and that, without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents by such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of performance and furnishing of the work. INTERPRETATIONS AND ADDENDA 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. 4.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the City or Engineer. BID SECURITY OR BID BOND 5.1 Each Bid must be accompanied by Bid Security made payable to the City of Clearwater in an amount equal to ten percent (10%) of the Bidders's maacimum 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. � Section II Revised 03/02 SECTION II - INSTRUCTIONS TO BIDDERS CONTINUED: 6. 7. 8. G� 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 and deliver the Agreement and fixrnish 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. 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. LIQUIDATED DAMAGES 7.1 Provisions for liquidated damages are set forth in the Contract Agreement. 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 fixrnished 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. 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 fifly percent (50%) of the Work except as may be specifically approved by the Engineer. If the Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, supplier, other person or organization, he may, before recommending award of the Contract. Section II 4 Revised 03/02 � � �' � � � � � � � � � � � SECTION II - INSTRUCTIONS TO BIDDERS CONTINUED: 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 obj ection prior to the recommendation of award to the City Commission will be deemed accepta.ble 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 sta.te 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 parinership. 10.3 Bids by partnerships shall be executed in the partnership name and signed by a general pariner, 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. � Section II 5 Revised 03/02 SECTION II - INSTRUCTIONS TO BIDDERS CONTINUED: 11. 12. 13. SUBMISSION OF BIDS 1 l.l Sealed Bids shall be submitted at or before the time and at the place indicated in the Advertisement for Bids and sha11 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 Advertisement until the time and date specified. Telegraphic or facsimile bids received by the Purchasing Manager will not be accepted. 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. REJECTION OF BIDS 13.1 To the extent pernutted 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. Section II 6 Revised 03/02 � � � � � � �� !� � C�,' � � � � � � � SECTION II - INSTRUCTIONS TO BIDDERS CONTINUED: 14. 15. 16. 17. DISQUALIFICATION OF BIDDER 14.1 Any or all bids will be rejected ifthere 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. OPE1vING 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. LICENSES, PERMITS, ROYALTY FEES AND TAXES 16.1 The Contractor shall secure all licenses and pernuts (and shall pay all permit fees) except as specifically stated otherwise in the Technical Specifications. The Contractor shall comply with all Federal and State Laws, County and Municipal Ordinances and regulations which in any manner effect the prosecution of the work. City of Clearwater building permit fees and impact fees will be waived except as specifically stated otherwise in the Technical Specifications. 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 othervvise 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. IDENTICAL TIE BIDS/VENDOR 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: � Section II 7 Revised 03/02 SECTION II - INSTRUCTIONS TO BIDDERS CONTINUED: (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. 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. Section II 8 Revised 03/02 � � SECTION II - INSTRUCTIONS TO BIDDERS CONTINUED: � � � �.. 19. 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. BID PROTEST 19.1 RIGHT TO PROTEST: Any actual bidder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of his/her complaints initially with the Purchasing Manager, and if not satisfied, with the City Manager, in accordance with protest procedures set forth in this section. 19.2 PROTEST PROCEDURE: � A. A protest with respect to the specifications of an invitation for bid or request for proposal shall be submitted in writing a minimum of five (5) work days prior to the opening of the bid or due da.te 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 coordinated with the appropriate Departrnent 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. � Section II 9 Revised 03/02 SECTION II - INSTRUCTIONS TO BIDDERS CONTINUED: 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 solicitarion 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. TRENCII SAFETY ACT 20.1 The Bidder sha11 comply with the provisions of the Florida Trench Safety Act (Sections 553.60-553.64, Florida Statutes) and the provisions of the Occupational Safety and Health Administration's (OSHA) excavarion safety standards, 29 C.F.R.s 1926.650 Subparagraph P, or current revisions of these laws. . Section II 1 0 Revised 03/02 � � � SECTION III � � 1. DEFI1vITIONS: � � � :_ �►II �► Addenda Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the contract documents. Agreement The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment The form accepted by ENGINEER which is to be used by � CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. � � � Approve The word approve is defined to mean satisfactory review of the material, equipment or methods for general compliance with the design concepts and with the information given in the Contract Documents. It does not imply a responsibility on the part of the Engineer to verify in every detail conformance with the Drawings and Specifications. Bid The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the work to be performed. � Bidding Documents The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contact Documents (including all Addenda issued prior to receipt of Bids). � Bonds Performance and payment bonds and other instruments of security. � Change Order A written order to Contractor signed by Owner and Contractor authorizing an addition, deletion or revision in the Work, or an adjustrnent in the Contract Price or the Contract Time issued on or after the effective date of the Agreement. 1 � � � City The City of Clearwater, Florida. Contract Documents The Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid (including documentation accompanying the bid and any post-Bid documentation submitted prior to the execution of the Agreement) when attached as an exhibit to the Agreement, the Bonds, Instructions to Bidders, these General Conditions, any Supplementary Conditions, the Specifications and the Drawings, any other exhibits identified in the Agreement, together with all Modifications issued after the execution of the Agreement. � Section iiI 1 Revised 12/00 1. DEFINITIONS CONTINUED: Contract Price The Contract price constitutes the total compensation (subject to authorized adjustrnents) payable by Owner to Contractor for perfornung the Work. Contract Time The number of days or the date stated in the Agreement for the completion of the Work. Contractor The Person with whom the Owner has entered into the Agreement. Day A calendar day of twenty-four hours measured from midnight to the next midnight. Defective An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to Engineers recommendation of final payment. Drawings The drawings, which will be identified in Technical Specifications or the Agreement, which show the character and scope of the Work to be performed and which have been prepared or approved by Engineer and are referred to in the contract documents. Shop drawings are not Drawings as so defined. Engineer The duly appointed representative of the City Manager of the City of Clearwater. For the purposes of this contract, the City Engineer or his duly appointed representative. Engineer's Consultant A Person having a contract with Engineer to furnish services as Engineer's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. Furnish The words "furnish", "fiunish 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 overseeing. 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. � Section III 2 Revised 12/00 �� L � � � :J � �� 1. DEFIlvITIONS CONTINUED: Milestone A principal event specified in the contract Documents relating to an intermediate completion date or time prior to the final completion date. Notice to Proceed A written notice given by the Owner to the Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform his obligations under the Contract Documents. Owner The City of Clearwater, Florida Person A natural person or a corporation, partnership, firm, organization, or other artificial enrity. 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 prepazed by or for Contractor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a supplier and submitted by Contractor to illustrate material or equipment for some portion of the Work. Specifications Those portions of the Contract Documents consisting of written technical � descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. � Subcontractor A person having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the site. � Substantial Completion The Work (or a specified part thereo fl 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. � section IiI 3 Reviaed 12/00 1. DEFIIVITIONS CONTINUED: Supplier A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with Contractor or with any Subcontractor to fiarnish materials or equipment to be incorporated in the Work by the Contractor. Surety Any person, firm or corporation which is bound with Contractor and which engages to be responsible for Contractor and his acceptable performance of the Work by a Bid, Performance or Payment Bond. Underground Facilities All pipelines, conduits, ducts, cables, wires manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal or treatment, traffic or other control systems or water. Unit Price Work Work to be paid for on the basis of unit prices. Work The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. Work Change Directive A written directive to Contractor, issued on or after the Effective Date of the Agreement and signed by the Engineer, ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed or emergencies. Work Change Directive will not change the Contract Price or Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 2. PRELIMINARY MATTERS 2.1 DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE When Contractor delivers the executed Agreements to Owner, Contractor shall also deliver to Owner such Bonds and Certificates of Insurance as Contractor may be required to furnish by this contract. 2.2 COPIES OF DOCUMENTS Engineer shall fixrnish to Contractor four copies of Contract Documents for execurion. Additional copies will be furnished, upon request, at the cost of reproduction. Section rt� 4 Revised �z/o0 � l, � � � � � � � � � 2. PRELIMINARY MATTERS continued: 2.3 COIVIlVIENCEMENT OF CONTRACT TIME/NOTICE TO PROCEED; STARTING THE PROJECT The Contract Time will commence on the day indicated in the Notice to Proceed. Contractor shall start to perform the work on the date the Contract Time commences to run. No work shall be done at the site prior to the date which the Contact Time commences to run. 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. � � CJ � 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 thereo fl 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 � section III r, Revised 12/00 3. 4. CONTRACT DOCUMENTS, INTENT continued: 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 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 in ascending or descending order: 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. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 AVAILABILITY OF LANDS Owner shall furnish, as indicated in the Contract Docuxnents, 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 sha11 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 perfornung 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. Section III � Revised 12/00 � � � � 4. � � �J � � � � � � � � � � AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS continued: 4.2 INVESTIGATIONS AND REPORTS Reference is made to the Supplementary Conditions and Technical Specifications for identification of those reports of invesrigations 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 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 fiunished 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 UTILITl' 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. � Section III 7 Revised 12/00 5. 4.4 REFERENCE POINTS Engineer shall provide engineering surveys to establish reference points for construction which in Engineer's judgement 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 sha11 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 regazding 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 $75.00 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. BONDS AND INSURANCE 5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND Contractor shall furnish a Performance Bond and Payment Bond, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least one year after the date when final payment becomes due, unless a longer period of time is prescribed by laws and regulations or by the Contract Documents. Contractor shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of such agents authority to act. All bonds shall be deemed to contain all of the Conditions of Section 255.05, Florida Statutes, even if such language is not directly contained within the bond and the Surety shall be licensed and qualified to do business in the State of Florida. The Owner reserves the right to reject any surety. If the Surety on any Bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of these Contract Documents, the Contractor shall within five days after notice thereof substitute another Bond and surety, both of which must be acceptable to the Owner. Section III 8 Revised 12/00 � J � � 5. � � � � � � � �J � � r � � � INSURANCE continued: 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 fiunishing 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; (ui) Claims for damages because of bodily injury, siclrness 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 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: ' section tzt 9 lteviaed 12/00 WORKER'S COMPENSATION INSURANCE Contract Award Contract Award Amount Under Amount $1,000,000. $1,000,000. and Over (1) Workers' Compensation Sta.tutory Statutory (2) Employer's Liability $500,000. $1,000,000. 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 Award Contract Award Amount Under Amount $1,000,000. $1,000,000. and Over (1) Bodily Injury: (2) Property Damage: (3) Personal Injury, with employment exclusion deleted. $1,000,000 $500,000. Each Occurrence $1,000,000. Annual Aggregate $500,000. Each Occurrence $1,000,000. Annual Aggregate $1,000,000. Each Occurrence . $1,000,000. Annual Aggregate $1,000,000. Each Occurrence $1,000,000. Annual Aggregate $1,000,000. Annual Aggregate Annual Aggregate Comprehensive Automobile Liability including all owned (private and others), hired and non-owned vehicles: Contract Award Contract Award Amount Under Amount $1,000,000. $1,000,000. and Over (1) Bodily Injury $500,000. $1,000,000. Each Person Each Person $500,000. $1,000,000. Each Accident Each Accident (2) PropertyDamage $500,000. $1,000,000. Each Occurrence Each Occurrence Section III 1 � Revised 12/00 t � � PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE CONTINUED: � 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 reqLUred by these Contract Documents. Owner sha11 not be responsible for purchasmg � and maintaining any properiy 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 msurance policies required within this Contract Document shall provide full � coverage from the first dollaz of exposure unless otherwise stipulated. No deductibles will be accepted without prior approval from the Owner. � � � � � � L�� T.ongch�re and Harhor Wnrker'c ('.omnensaNnn Act: Sectlon 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. Deparlment of Labor, or to be authorized by the U.S. Department of Labor as a self-insurer. Fnr C:eneral C:nntractnrc: Section 4(a) of the Act provides that every employer shall be liable for and shall secure the payment to his employees of the compensation payable under Sections 7, 8, and 9 of the Act. In the case of an employer who is a subcontractor, only if such subcontractor fails to secure the payment of compensation shall the contractor be liable for and be required to secure the payment of compensation. 5.3 WAIVER OF RIGHTS Owner and Contractor intend that all policies purchased in accordance with Article on Insurance will protect Owner, Contractor, Subcontractors, Engineer, Engineer's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insured or additional insured in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insured or additional insured thereunder, Owner and Contractor waive a11 rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the work; and, in addition, waive all such rights against Sub-contractors, Engineer, Engineer's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insured or additional insured under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance otherwise payable under any policy so issued. In addition, Owner waives all rights aga.inst 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 properiy or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by Owner and; (2) 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 properiy insurance maintained on the completed Project or part thereof by Owner during partial utilization, after substantial completion or after final payment. Section III 1 1 Revised 12/00 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 chazgeable hours for inspection costs on weekends or holidays shall be four hours. The cost of overtime inspection per hour shall be $40.00 per hour. Contractor shall provide and maintain in a neat and sanitary condition, such sanitary accommodations for the use of Contractor's employees as may be necessary to comply with the requirements of Laws and Regulations and the Engineer. 6.2 LABOR, MATERIALS AND EQUIPMENT Contractor shall provide competent, suitably qualified personnel to survey, lay out and construct the work as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the work or properiy at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all work at the site shall be performed during regulaz 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. Section III 12 Revised 12/00 � r i� �t � LJ 6.2 LABOR, MATERIALS AND EQUIPMENT continued: 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, sha11 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 rej ected by the Engineer without testing. � � � l� � � � � � � 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 usin� 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 therefor. 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. � section III 13 Revised 1z/oo 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 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 pay or 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 perfornung 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 pay or 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 pernutted by the Contract Documents on other land areas pemutted 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. section III 14 Revised 1z/oo � � � � � f�J L� � �� J � � � � � �� 6.5 USE OF PREMISES CONTINUED: 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 sha11 remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. Contractor shall restore to original condition all property not designated for alteration by the Contract Documents. 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 hannless 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 fumishing 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. 1 Section III 15 Revised 12/00 6.8 PERMITS - Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. Contractor shall pay all charges of utility owners for connections to the work, and Owner shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Unless otherwise stated in the Contract Documents, City of Clearwater Building Permit Fees will be waived. 6.9 SAFETY AND PROTECTION - Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: (i) all persons on the work site or who may be affected by the work, (ii) all the Work and materials 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, shuctures, 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 sliall 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. Section III 1 6 Revised 12/00 � � � � � � � 6.9 SAFETY AND PROTECTION CONTINUED: 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 sha11 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 fiunish any of the work or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor that the Work is acceptable. � 6.10 EMERGENCIES - In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, Contractor, with or without special instruction or authorization from Owner or Engineer, is obligated to act to prevent damage, injury or loss. � Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If Engineer determines that a change in the Contract Documents is required because of the action � taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. � � � � � � � � � 6.11 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. Section III 17 Revised 12/00 6.11 SHOP DRAWINGS AND SAMPLES CONTINUED: Engineer's review and approval of Shop Drawings and Samples will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated the Contract Documents. Engineer's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. Contractor shall make corrections required by Engineer, and sha11 return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. Engineer's review and approval of Shop Drawings or Samples shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has in writing called Engineer's attention to each such variation at the time of submission and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor 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. 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 w�ich 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 the placing new potable water mains in service, the Contractor shall provide the Engineer intersection drawings, as specified for the water mains. Section III 18 Revised 12/00 r t � The City's acceptance of the "As-Built Drawings" does not relieve the Contractor of the sole responsibility for the accuracy and completeness of the As-Built Drawings. � l. �neral: The Contractor/Consultant shall prepare an as-built survey per chapter 61G17-6, Florida Administrative Code, signed and sealed by a Florida registered land surveyor. Two hard copies of signed and sealed as-builts and an autocad file will be provided for this � � � �� purpose. 2, �ani and �tnrm Sewer Pj}�g S� sty ems: The as-built drawings shall conform as follows: (a) Manholes and inlets shall be dimensioned from the face of curb or roadway centerline, and stationed along the baseline. New service connections and replaced service connections shall be dimensioned to the nearest downstream manhole. All manhole and catch basin invert and rim elevations, manhole and catch basin dimensions, pipe sizes, and pipe material shall also be noted on the plan view and also on the profile. (b) Pipe materials and areas of special construction shall be noted. 3. Electrical and Control Wiring: The as-built drawing shall conform as follows: (a) 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, 1-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. 4. �.r: 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. _1 :►I1::1 Layer Naming Prefixes: 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 �.uffix�.� TX- suffix denotes text — use for all text, no matter the prefix � Section III 1 9 Revised 12/00 i.a�er Naming Definitions: GAS — gas lines and appurtenances ELEC — power lines and appurtenances PHONE — telephone lines and appurtenances CABLE — cable t.v. lines and appurtenances BOC — curbs WALK — sidewalk WATER — water lines and appurtenances, sprinklers STORM — storm lines and appurtenances TREES — trees, bushes, planters SA1�iITARY — sanitary lines and appurtenances FENCE — all fences BLDG — buildings, sheds, finished floor elevation DRIVE — driveways EOP — edge of pavement without curbs TRAFFIC — signal poles, control boxes TOPBANK — top of bank TOESLOPE — toe of slope TOPBERM — top of berm TOEBERM — toe of berm SEAWALL — seawall CONCSLAB — concrete slabs WALL — walls, except seawall SHORE — shoreline, water elevation CL — centerline of road CLD — centerline of ditch CLS — centerline of swale CORNER — property corners, monumentation BENCH — benchmark, temporary benchmarks Other layers may be created as required, using above format. ' ��•r�• All layers will use standard Autocad linetypes, bylayer. All layers will use standard Autocad colors, bylayer. All text will use standard Autocad fonts. Text style for EX layers will use the simplex font, obliquing angle of 0°, and a text height of .008 times the plot scale. Text style for PR and FLT layers will use the simplex font, obliquing angle of 22.5°, and a text height of .010 times the plot scale. Section III 2 0 Revised 12/00 � r .r �.. r �. r +� �. r r rrf � �r r �r �r � �r � 6"N Text Style L80 For Exist. SYMBOLS FOR EXISTING & PROPOSED UTILITIES FOR PLAN VIEW Existing & Propsed Layers Can Be Loaded Using Cogo — Utility — Load Layer File Existing Text — Style L80 — Color Bylayer Proposed Text — Style C100 — Co/o� Byfoyer Existing Linework — Linetype 8ylayer — Color Bylayer P�oposed Linewo�k — Linetype By/oyer — Co/or Byfayer FYICTIN�: PR(1P(1C�h Size of Pipe � 2"c Name of —� Utility GTE Drawn as — $'�SAN — — Double Lin�� _12"STORM= — (12" or Larger) — — 6,.W Text St le L80 � Y Draw Outside Dia. of Pipe Pipes 12" or Larger Use Double Line. � � �6..W / 1 — — � GAS U TI LI TY SANITARY SEWER STORM SEWER WA TE R 6"W Text Style C100 For Proposed N/A N/A Text Style C100 CONS . XX LF 8" SAN. SEW. � CONST. XX LF 15" RCP �ONST XX LF 6" PVC WM Drawn as � Double Line Draw Outside Dia. of Pipe Pipes 12" or Larger Use Double Line. >6"W 6"W � � /�\ On Final Plans — All Existing Layers — Color Bylayer (252) All Proposed Linework Layers — Color Bylayer (3) 6"W I I ll 16"W All Proposed Text Layers — Color Bylayer (2) `J `` � CITY OF CLEA � PUBLIC WORK; Section III 2 1 Revised 12/00 16"W EXISTING POINTS COLOR BYLAYER TEXT STYLE L60 (SEE BELOW) EP(UTIL NAME) (SEE BELOW) EPSANITARY EPSTORM EPGAS EPWATER EXISTING LINEWORK COLOR BYLAYER LINETYPE BYLAYER EX(UTIL NAME) (SEE BELOW) EXSANITARY EXSTORM EXGAS EXWATER EXISTiNG TEXT COLOR BYLAYER TEXT STYLE L80 (SEE BELOW) EX(UTIL NAME)TX (SEE BELOW) EXSANITARYTX EXSTORMTX EXGASTX EXWATERTX PROPOSED LINEWORK COLOR BYLAYER LINETYPE BYLAYER PR(UTIL NAME) (SEE BELOW) PRSANITARY PRSTORM PRGAS PRWATER PROPOSED TEXT COLOR BYLAYER TEXT STYLE C100 (SEE BELOW) PR(UTIL NAME)TX (SEE BELOW) PRSANITARYTX PRSTORMTX PRGASTX PRWATERTX Text Style L60 — Simplex Font — Height .06 x Drawing Scale — Width Factor 1.0 — Ob�iquing Angle 0' Text Style L80 — Simplex Font — Height .08 x Drawing Scale — Width Factor 1.0 — Obliquing Angle 0' Text Style C100 — Simplex Font — Height .10 x Drawing Scale — Width Factor 1.0 — Obliquing Angle 22'30' N OTE: Use only authorized fonts, shapes, linetypes, or ottributes contained in standard Autodesk Releases. Standard Title Block (TTLBLI) — includes all blocks used by City for Construction Plans ( See Index 503, 2 of 2) The majority of layers used by City are included in Standard Title Block (TTLBLI), If any additional layers are needed see example above. Section III 2 2 Revised 12/00 � � � � � � �► � ! � � � � � � � i � � � � , � � � �� ;�r;�� The survey plan shall be produced on stable-based mylar material, 24" x 36", at a scale of 1" = 20' unless approved otherwise. Upon request, the consultant shall deliver one (1) original (5) prints, Additionally, the Consultant shall deliver a 3.5 inch magnetic media computer disk or CD Rom containing all project data in Softdesk � Version 7.6 or 8.0, format complete with all drawing files and associated project data files or if Softdesk � is not available, in a standard ASCII file. The file shall be a comma or space delimited file containing code, point number, northing, easting, elevation and description for each data point. Example below (Space Delimited ASCII File): � POINT # NORTHING EASTING ELEV 284 1361003.838 264286.635 25.00 � OR COMMA DELIMITED ASCII FILE: 284,361003.838,264286.635,25.00, BCV (PNEZD) � 1 � �_J u � �� ' � DESC Bcv A note shall follow the code whenever additional clarification is required to describe the data point. An AutoCad Release, Thirteen (13) or Fourteen (14) drawing or Acad2000 file shall be submitted. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and xreferences contained within the drawing file shall be included on the magnetic media disk. Also, include either a pcp plot file or a pen schedule for plotting of drawings. Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email address tmahony@clearwater- fl.com 6.12 CONTRACTOR'S GENERAI. WA►RRANTY 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 inc.ludes defects or damage caused by abuse, vandalism, modification or operation by persons other than Contractor, Subcontractors or Suppliers. Until the acceptance of the Work by the Owner, the Work shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to any part thereof by action of the elements, or from any other cause whatsoever, arising from the execution or non-execution of the Work. The Contractor shall rebuild, repair and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any cause before its completion and final acceptance by the Owner. In addition, "the Contractor shall remedy any defects in the work at his own expense and pay for any damage to other work resulting therefrom which appear within a period of one year from the date of final acceptance". Section III 2 3 Revised OS/O l Contractor's warranty and guarantee hereunder excludes improper maintenance and operation by Owner's employees and normal wear and tear under normal usage for any portion of the Work which has been partially accepted by the Owner for operation prior to final acceptance by the Owner. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: (i) observations by Engineer, (ii) recommendation of any progress or final payment by Engineer, (iii) the issuance of a certificate of Substantial Completion or any payment by Owner to contractor under the Contract Documents, (iv) use or occupancy of the Work or any part thereof by Owner, (v) any acceptance by Owner or any failure to do so, (vi) any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of Acceptance by the Engineer. 6.13 CONTINUING THE WORK - Contractor shall carry on the work and adhere to the progress schedule during all disputes or disagreements with Owner. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as Owner or Contractor may otherwise agree in writing. 6.14 INDENINIFICATION - 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 cla.im, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible properiy (other than the work itsel fl, 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 Secrion III 2 4 Revised OS/O1 � � LJ ' � r � � � 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 sha11 not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any such Sub-contractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. The indemnification obligations of Contractor under this paragraph shall not extend to the liability of Engineer and Engineer's Consultants, officers, directors, employees, or agents caused by the professional negligence, errors or omissions of any of them. 7. OTHER WORK 7.1 RELATED WORK AT SITE - Owner may perform other work related to the Project at the site by Owner's own forces, or let other direct contracts therefor which shall contain General Conditions similaz 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 therefor 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 sha11 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 Proj ect, 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 susta.uied, 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 pay or satisfy the judgement 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. Section III 2 5 Revised OS/O1 7.2 COORDINATION - If Owner contracts with others for the performance of other work on the Project at the site, the following will be set forth in the Scope of Work: (i) the person who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; (ii) the specific matters to be covered by such authority and responsibility will be itemized; and (iii) the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility in respect of such coordination. 8. OWNERS RESPONSIBILITY - Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. Owner shall fumish the data required of Owner under the Contract Docuxnents 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 ternunate 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 therefor as provided in the Articles for Change of Work and Change of Contract Time. Section III 2 6 Revised OS/O1 � � J � 9.3 REJECTING OF DEFECTIVE WORK - Engineer will have authority to disapprove or reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will pre�udice the mtegrity of , the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work whether or not the Work is fabncated, installed or completed. , � lJ �J � �� , � � � 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 pariy shall submit any response to Engineer and the claimant within thirty days after receipt of the claimant's last submittal (unless Engineer allows additional time). Engineer will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. Engineer's written decision on such claim, dispute or other matter will be final and binding upon Owner and Contractor unless (i) an appeal from Engineer's decision is taken within thirty days of the Engineers decision, or the appeal time 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 pariy 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 i 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. � Section III 2 7 Revised OS/O1 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, conirol or have authority over or be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precaurions 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 deternune 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 adjustrnent in the Contract Price or an adjustrnent of the Contract Time that should be allowed as a result of a Work Change Directive, a claim may be made therefor 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. Section III 2 8 Revised OS/O1 � ' �I . r � � � � ' � � � LJ '�I � ' � � � 10. CHANGES IN THE WORK CONTINUED: Owner and Contractor shall execute appropriate Change Orders or Written Amendments recommended by Engineer covering: changes in the work which are (i) ordered by Owner (ii) required because of acceptance of defective work under the article for Acceptance of Defective Work or correcting defective Work under the article for Owner May Correct Defective Work or (iii) agreed to by the parties; changes in the Contract Price or Contract Time which are agreed to by the parties; and changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by Engineer pursuant to the article for Decisions on Disputes; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the progress schedule as provided in the article for Continuing the Work. If notice of any change affecting the general scope of the work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be Contractor's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 11. CHANGES IN THE CONTRACT PRICE il.l CHANGES IN THE CONTRACT PRICE The Contract Price constitutes the total compensation (subject to authorized adjustrnents) 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 witlun 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 adjustrnent 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) Section III 2 9 Revised OS/O1 11.1 CHANGES IN THE CONTRACT PRICE CONTINUED: 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 ADNSTMENT 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 fiunished and performed for such sums as may be acceptable to Owner and Engineer. Contractor agrees that: (i) the allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and (ii) Contractor's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances and a11 the Work actually performed by the Contractor, and the Contract Price shall be correspondingly adjusted. 11. 3 iJNIT 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. Section III 3 0 Revised OS/O1 , r ' , � i � ' 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 adjushnent of the Contract Time (or Milestones) shall be based on written notice delivered by the pariy 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 wit,hin 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 cla.ims for adjustment in the Contract Time (or Milestones) shall be deternuned 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. 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 therefor 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 ariributable 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 Con�ractor, 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 perfornung other work as contemplated by paragraph for Other Work. � Section III 31 Revised OS/O1 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. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents or perform these testing services with the Owner's and/or Engineer's staff except for inspections, tests or approvals as otherwise provided in the Contract Documents. The costs for these inspections, tests or approvals shall be borne by the Owner except as otherwise provided in the Contract Documents. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereo fl specifically to be inspected, tested or approved by an employee or other representative of such public body including all City Building Departments and City Utility Departments, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. Unless otherwise stated in the Contract Documents, City permit and impact fees will be waived. Contractor shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation of the Work. If any Work (or the work of others) that is to be inspected tested or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. Uncovering Work as provided in this paragraph shall be at Contractor's expense � unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.2 UNCOVERING THE WORK - If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. Section III 3 2 Revised OS/O1 , ' � �J , LJ L� I � � � J 13.2 UNCOVERING THE WORK CONTINUED: 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 sha11 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 therefor 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 therefor 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). �'' ' � � , , 13.5 WARRANTY/CORRECTION PERIOD - If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions; (i) correct such defective Work, or, if it has been rejected by Owner, remove it from the site and replace it with Work that is not defective and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected. Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. Section III 3 3 Revised OS/O1 13.5 WARRANTY/CORRECTION PERIOD CONTINUED: In special circumstances where a particular item of equipment is placed in continuous service before Final Completion of all the Work, the correction period for that item may start to run from an earlier date if specifically and expressly so provided in the Specifications or by Written Amendment. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 13.6 ACCEPTANCE OF DEFECTIVE WORK - If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses and damages attributable to Owner's evaluation of and deternunation 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 therefor as provided in article for Change of Contract Price. If the acceptance occurs after the Engineer's recommendation for final payrnent 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, conect 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 pazagraph. All claims, costs, losses and damages incurred or sustained by Owner in exercising such rights and remedies will be charged against Contractor and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Section III 3 4 Revised OS/O1 C� 1 � , CJ � � � � `J ' , � 13 . 7 OWNER MAY CORRECT DEFECTIVE WORK CONTINUED: Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may make a claim therefor 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 Docuxnents, 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, eyidence 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 WARRANT'Y OF TITLE Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Pro�ect 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 Subcontra.ctor subject to any chattel mortgage or under a conditional sale contact or other agreement by which an mterest is retained by the seller. Contractor warrants that he has good htle to all matenals and � supplies used by him in the Work, free from all liens, claims or encumbrances. Contractor shall indemnify and save Owner harmless from all claims growing out of the lawful demands of Subcontractors, laborers,'workmen, mechanics, materialmen, and furnisher's of machinery and parts � thereof, equipment, power tools, and all supplies incurred in the furtherance of the performance of this Contract. Contractor shall at Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If Contractor fails to do � so, then Owner may, after having served written notice on said Contractor either pay unpaid bills, of which Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of ' Section III 3 5 Revised OS/O1 14.2 CONTRACTOR'S WARRANTY OF TITLE CONTINUED: 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 Ternunation. 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 lrnowledge 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 adjushnent 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 Coniract 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 Wark, may be accomplished prior to Final Completion of all the Work subject to the following: Section III 3 6 Revised OS/O1 � � � � � � , ' u � ' � , �1 J i � � 14.4 PARTIAL UTILIZATION CONTINUED: Owner at any time may request Contractor in writing to pernut Owner to use any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. 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, guazantees, 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: (n all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by paragraph for Bonds and Insurance, (ii) consent of the surety, if any or if necessary, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by Owner, Contractor may fumish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. Prior to application for final payment, Contractor shall clean and remove from the premises all ' surplus and discarded materials, rubbish, and temporary structures, and shall restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the Work, and shall leave the Work in a neat and presentable condition. ' Section III 3 7 Revised OS/O 1 14.7 FINAL PAYMENT AND ACCEPTANCE - If through no fault of Contractor, final completion of the Work is significantly delayed and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for payment and recommendation of Engineer, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Ovcmer 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 subj ect to the provisions of this article. Otherwise, Engineer will return the Application to Contractor, indicating in writing the reasons for refusing to recommend final paytnent, 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 CLAIlVIS - 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 therefor as provided in the articles for Change of Contract Price and Change of Contract Time. Section III 3 8 Revised OS/O1 rJ, � � � ' , �J ' ' , � � � , � ' CJ � � � 15. SUSPENSION OF WORK AND TERMINATION CONTINUED: 15 . 2 OWNER MAY TERMINATE - Upon the occurrence of any one or more of the following events; if Contractor persistently fails to perform the work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule as adjusted from time to time); if Contractor disregards Laws and Regulations of any public body having jurisdiction; if Contractor disregards the authority of Engineer; if Contractor otherwise violates in any substantial way any provisions of the Contract Documents; or if the Work to be done under this Contract is abandoned, or if this Contract or any part thereof is sublet, without the previous written consent of Owner, or if the Contract or any claim thereunder is assigned by Contractor otherwise than as herein specified, or at any time Engineer certifies in writing to Owner that the rate of progress of the Work or any part thereof is unsatisfactory or that the work or any part thereof is unnecessarily or unreasonably delayed. Owner may, after giving Contractor (and the surety, if any), seven days' written notice and, to the extent pernutted by Laws and Regulations, ternunate 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 fuushed. 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 ternunated 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. Section III 3 9 Revised OS/O1 15. SUSPENSION OF WORK AND TERMINATION: 15.2 OWNER MAY TERMINATE CONTINUED: 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 ternunation 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 tertnination. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15 . 3 CONTRACTOR MAY STOP WORK OR TERMINATE - If, through, no act or fault of Contractor, the Work is suspended for a period of more than ninety days by Owner or under an order of court or other public authority, or Engineer fails to act on any Application for Payment within sixty days after it is submitted or Owner fails for sixty days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days' written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, ternunate 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 Ovcmer, the Contractor shall not be entitled to payment except as the Court may direct. In lieu of ternunating 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 ariributable to Contractor's stopping Work as permitted by this article. Section III 4 0 Revised OS/O1 , ' ' ' � , , , � IJ� 16. DISPUTE RESOLUTION If and to the extent that Owner and Contractor have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure will proceed. If no such agreement on the method and procedure for resolving such disputes has been reached, subject to the provisions of the article for Decisions on Disputes, Owner and Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute provided, however, that nothing herein shall require a dispute to be submitted to binding azbitration. 17. MISCELLANEOUS 17.1 SUBMITTAL AND DOCUMENT FORMS The form of all submittals, notices, change orders and other documents permitted or required to be used or transmitted under the Contract Documents shall be determined by the Engineer subject to the approval of the Owner. 17.2 GIVING NOTICE - Whenever any provision of the Contract Documents requires the giving of written notice, notice will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.3 NOTICE OF CLAIM - Should Owner or Contractor suffer injury or damage to person or ' property because of any error, omission or any act of the other party or of any of the other party's officers, employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or � damage. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. � � 17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED - Whenever. reference is made to "claims, costs, losses and damages," the phrase shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or other dispute resolution costs. ' 17.5 ASSIGNMENT OF CONTRACT - The Contractor shall not assign this contract or any part thereof or any rights thereunder without the approval of the Owner, nor without the consent of surety unless the surety has waived its rights to notice of assignment. , ' �J ' 17.6 RENEWAL OPTION - Annual Contracts issued through Public Works Administration may be renewed for up to two (2) years, upon mutual consent of both the City and the ContractorNendor. All terms, conditions and unit prices shall remain constant unless otherwise specified in the contract specifications or in the Invitation to bid. Renewals shall be made at the sole discretion of the City, and must be agreed to in writing by both parties. All renewals are conringent upon the availability of funds, � the satisfactory performance of the Contractor as deternuned by Public Works Administration. Section III 41 Revised OS/O1 � �'� J � SECTION IV - TECHNICAL SPECIFICATIONS � Scope of Work: One Year Contract for Nuisance & Exotic Vegetation Control and Maintenance on City Lakes, Ponds, � Channels, Gabion Structures and Immediate Adjacent Transitional Areas (04-0057-EN) , The project is for the purpose of controlling nuisance/exotic species in lakes, man-made ponds, ' channels, gabion structures and immediately adjacent transitional including depositional areas of ponds within the City of Clearwater jurisdiction. Management of this project shall be done in an acceptable manner so as to maintain functioning wildlife habitat as well as being visually , acceptable. The program shall be an integrated program that incorporates the different treatments available for aquatic systems throughout the City for period of one year. This may be accomplished with a combination of biological, manual, mechanical, and chemical controls with ' emphasis on the reduction in the use of chemicals. Maintenance of each of these properties shall be done at a minimum of twelve times a year to provide for a well-balanced and natural habitat. ' Submission of credentials for the certified biologist(s) on staff with a minimum three years experience in their particular trade and who provide a minunum of three references relating specifically to the type of work that sha11 be performed for this project must be included in the bid , packet. , Work under this contract shall include the furnishing of all labor, material, equipment, ' supervision, transportation and other services necessary to do the required maintenance at the designated areas as specified herein. � SPECIFIC CONDITIONS. 1. Maintain control of nuisance/exotic vegetation in and adjacent to City owned lakes, ponds, � channels, gabion structures and immediately adjacent transitional including depositional areas (areas of, relating to, or made by deposition; the present erosional and topography of sediment � accumulation), within the surface waters referenced in the following List of Waterbodies. Site maps are attached delineating the areas of maintenance. , 2. The contractor shall submit a maintenance program that contains a schedule detailing work protocol that will be followed for the length of the contract within two weeks of the award of contract. Upon approval of the maintenance program by City staff, work shall commence forty- , eight hours after approval. ' , LJ la No. Name Location Acre 1 Lake Hobart Ma le Street & Baker Avenue 1.16 2 West Drive West Drive & South Drive 0.53 3 Lake Hibiscus Kin s Hi hwa & Hibiscus Avenue 1.00 4 Crest Lake Cleveland Street & Gulf to Ba Blvd. 3.00 5 Terrace Lake Graham Avenue & McKinle St. 1.75 6 Westchester Lake Sabal S rin s Drive 3.00 7 Cliff Ste hen's Park Fairwood Avenue 5.00 8 Allen's Creek Park * Hercules Avenue & Lakeview Avenue 17.43 9 Lake Bellevue Greenwood Avenue & Lakeview Avenue 4.00 10 Lake Tan erine Lake Avenue & Lakeview Avenue 0.62 11 Frank Tack Park Sunset Point Road & Hercules Avenue 1.05 12 C ress Bend Pond C ress Bend Drive 2.14 13 B ram Ditch B ram Drive & Kin s Hi hwa 0.75 14 D.D.Davis Park Landmark Drive & Marlo Blvd. 0.50 15 Linn Lake Druid Road & Bett Lane 1.43 16 Florida Power ROW Driftwood Avenue 1.43 17 Rice Lake Bellair Road & Ever reen Street 1.28 18 Allen's Creek Nurse Road & Embass Drive 0.68 19 Lake Julia Druid Road & Brookside Drive 1.07 20 Coo er's Ba ou Park Ba shore Blvd. & San Bernadino Street 1.88 21 Ham ton Road Pond Ham ton Road north of Gulf to Ba 0.31 Arcturas Avenue north of Rainbow 22 Arcturas Avenue Pond Avenue 0.78 23 Sall's Lake 2935 St. Criox 'ust north side 1.5 24 Lake Lucille Lon Street and Murra Avenue 5.13 25 Landmark Dr. Area *" Landmark DR & Enter rise Rd 3.25 26 Lake Chautau ua Park Landmark Dr & Lake Chautau ua Park 4.16 27 Drew Street Pond Drew Street east of Ham ton Road 0.52 28 Pros ect Lake Pros ect Ave. in downtown Clearwater 3.84 f[7 � 1 � � � ' ' ' , � L�' ' ' ' ' � � � ' ' , � r--i �J , ' ' , ' � *Allen's Creek Park requires the maintenance of an eastern upland area of native vegetation. This area is to be managed to preclude the invasion of exotic and nuisance species. **Landmark Drive Area is composed of a stormwater treatment pond, a mitigation area, and an undeveloped area of native vegetation area adjacent to Mullet Creek. All areas are to be maintained to control exotic and nuisance species. 3. Access to all sites shall be the sole responsibility of the contractor. 4. Sites must be maintained with less than five percent of nuisance/exotic vegetation. Upon inspection by the City, any site(s) that the City staff deems to contain more than five percent exotic/nuisance vegetation will result in non-payment of services. 5. Sites may within the contract period require replanting of aquatic vegetation, with a combination of the following species: , Pickerelweed (Pontederia lancifolia) Cordgrass (Spartina bakeri) Lizard's Tail (Saururus cernuus) � Arrowhead (Sagittaria latifolia Willd.) Water-Lily (Nymphaea odorata Ait.) Soft stem Bulrush (Scirpus calidus Vahl.) ' [J � � LJ ' � , ' n �� Re-planting shall be done at a minimum 1,000 square feet per occurrence wit� a maximum of 5,000 square feet planted per year. Stock shall be Florida Number One Grade and be a minimum size of four-inch pots or equivalent and planted on three-foot centers. The plant stock must be pre-approved by City staff for appropriate size and species with a guaranteed survival of a minimum of one year. 6. Contractor shall collect all trash and debris in the subject areas and disposed off site at each maintenance event. Proper disposal of collected trash and debris is the responsibility of the Contractor. Extraordinary amounts of debris caused by hurricanes, tornadoes, vandalism, etc., would be the responsibility of the City of Clearwater. The Contractor shall report such accumulations of debris when encountered, in a timely manner. 7. Mowing areas are delineated on the site maps and include all turf areas and areas containing exotic and nuisance vegetation from the edge of water at normal pool upland to five feet into the adjacent transitional area. These areas are to be mowed/line trimmed to a height of three (3) inches above the ground surface. Any nuisance/exotic species will be sprayed with the appropriate herbicide (BROWN LINING OF THE IMMEDIATE ADJACENT TRANSITIONAL AREAS IS PROHIBITED). Cuts should be clean, with properly sharpened blades. Mowers should not direct discharge into the ponds or waterways, unless unavoidable and proper deflectors should be attached at discharge points of the mower. Discharge should also not be directed into any storm drainage system. lc Clippings — Bagging is not required but any heavy amounts of clippings/debris that would be visible upon inspection after mowing/line trimming shall be collected by contractor and removed off site. Wood Snecies/Debris that is visible seven days after a spraying event shall be removed and disposed of offsite by Contractor before the next maintenance event. 8. Gabion Structures/retaining walls (defined as denoted gabion on the site maps) shall be sprayed for any nuisance/exotic species with the appropriate herbicide. 10. The Contractor shall be responsible for damage caused by the Contractor or his/her employees to any plant material or site feature. The Contractor shall notify the City in writing of the specific nature and cause of the damage and repair such damage at no cost to the City of Clearwater. 11. The contractor is required to have Florida Workers' Compensation Insurance applicable to its employees, including Employers' Liability as well as submit a copy to the City of Clearwater. 12. The Contractor shall install turbidity control in the work area when performing activities that may allow sediment or debris to be discharged downstream. 13. Any purposed chemical treatment must adhere to the following best management practices: (a) Follow all specific-labeling requirements. (b) Copper-based chemicals are not permitted. . (c) Drift retardant and tracing dyes shall be used on all sites at all times for inspection purposes. (d) When using herbicides and pesticides that may hartn human and/or domestic animals the contractor shall notify in advance all homes affected by the treatment. (e) All applicators must maintain current licenses from the Department of Agriculture and Consumer 5ervices for the spraying of herbicides and pesticides on any City owned property and provide copies to the City. 14. The control of nuisance and exotic vegetation shall include the List of Invasive Species from the Florida Exotic Pest Plant Council with any updates to that list (to include category I and II) and also include the following: Duckweed (Lemna minor L.) Giant Duckweed (Spirodela polyrhiza L.) Water-meal (N'olffa ssp.) Bog-mat (Wolffella floridana) ld ' , 15. All aquatic system maintenance including treatment of depositional areas, mowing of ' adjacent transitional areas, and removal of trash and debris shall be completed during each maintenance event, with the City being notified with a weekly report of completion by emaiUmail for inspection. Failure to notify the City for completed work will result in non- ' payment of services. Some sites may qualify for an exemption upon prior authorization by the City. LJ � ' ' , , , 16. Upon receiving notification from the Contractor, the City shall inspect the serviced location within 48 hours following the next business day. If, upon inspection, the work specified has not been completed, the City shall contact the Contractor to indicate the necessary corrective measures. The Contractor will be given 48 hours from this notification to make appropriate corrections. If the work has been completed successfully then the City will pay for services invoiced. 17. The Contractor shall maintain monthly maintenance reports which shall include: location treated, type of waterbody treahnent, amount of chemical use, immediate adjacent transitional treatment, mechanical equipment used, plant species controlled, ambient weather conditions, and any relevant information concerning the program. 18. Two copies of the monthly maintenance report shall be submitted along with monthly invoice to the City. 19. Contractor shall provide three copies of an "annual report," in tab�lar form, with photographic documentation of before and after, summarizing all activities and proposing a list of recommendations to be implemented in the following years. 20. All employees of the Contractor shall be considered to be at all times the sole employees of , the Contractor under his/her sole direction and not an employee or agent of the City. The Contractor shall supply a list of employee's credentials and will be required to complete all maintenance work with direct employees of the company. The Contractor shall supply , competent and physically capable employees and the City may require the Contractor to remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued employment on City property is not in the best interest of the City. ' ' , ' ' 21. The City reserves the right to add/delete a location or area from the Contract upon written notice. Payment for additional sites will be based on contractors site assessment and quote, with approval by the City. 22. Frequency of spraying/mowing maintenance shall be done at a minimum of twelve times a year per site. 23. The method of payment will be per site per month. Invoices must be submitted itemizing cost per site on a monthly basis. Payments will be disbursed monthly for this project. le ' ' , �� , ' ' , ' � , ' , t , ' � ' � PROJECT: Clearwater Nuisance & Exotic Vegetation Control and Maintenance on Citv Lakes, Ponds, Channels, and Immediate Adiacent Transitional Areas (04-0057-E1� Clearwater, Florida SECTION IV -1. SCOPE OF WORK (continued) The following Articles of the Technical Specifications will apply to this contract if marked "X" as shown below: ART. # ARTICLE DESCRIPTION 1. X Sco e of Work 2. Construction Staking - a. Line, Grade & Record Drawings by Contractor b. Line, Grade & Record Drawin s b Ci 3. X Definition of Terms 4. Order and Location of Work 5. Excavation of Under ound Work 6. Concrete 7. Excavation and Forms for Concrete Works 8. Reinforcement for Concrete 9. Obstructions 10. Restoration or Re lacement of Curbs, Driveways, Sidewalks and Pavement 11. Work in Easements and Parkwa s 12. Dewaterin 13. Sanitary - Manholes 14. Backfill 15. Street Crossin 16. Raising or Lowering of Sanitary Sewers, Storm Draina e Structures 17. Unsuitable Material Removal 18. Underdrains 19. Storm Sewers 20. Sanit Sewers and Force Mains 21. Draina e 22. Roadway Base and Subgrade 23. As haltic Concrete Materials 24. As haltic Material (Ad'ust Bid Price 25. General Planting Specifications a. Landscaping b. Lighting c. Irrigation d. Pum and Well 26. HDPE Deformed/Reformed Pi e Linin 27. Plant Mix Drivewa s 28. R ortin of Tonna e of Rec cled Materials 29. Concrete Curbs 30. Concrete Sidewalks 31. Soddin 32. Seedin 33. Storm Manholes, Inlets, Catch Basins, or other Storm Structures Ea 34. Material Used 35. Conflict Between Plans and S ecifications 36. Street Si s 37. Audio/Video Taping of Construction Work Areas a. Not Required b. Contractor 38. X Erosion and Siltation Control 39. Utilit Tie-In Location Markin 40. Award of Contract, Work Schedule and Guarantee 41. Water S ecifications 42. Gas S ecifications 43. Tennis Courts 43a. Cla Tennis Courts 44. Work Zone Traffic Control Certified Work Zone Su ervisor 45. Cured-In Place Pi e Linin 46. Pol eth lene Sli linin 47. Pol in 1 Chloride Ribbed Pi e 48. Gunite S ecifications 49. Sanitary and Storm Manhole Liner Restoration 50. Pro�ect Information Si 51. In Line Skate Surfacin S stem 52. Residents Notification a. City • b. Contractor 53. Gabions and Mattresses 54. Lawn Maintenance S ecifications 55. Milling Operations 56. Clearin and Grubbin 57. Ri Ra 58. Treatment Plant Safet 59. Traffic Si al E ui ment and Materials 60. Si 'n and Markin 61. Roadwa Li tin 62. Root Pruning 2a ' ' � � � � , ' ' � ' ' ' , ' TIME: 365 DAYS ' � , LJ c�'rl 47 � ��., v� -- •-- 47A 84 �3 16 46 46A ] 64A 64 � � 45 � � — — 83 22 I 65A 65 � 17 45 /�/ W 44A � �� 18 /� 66 82 � O W � 44 // I 66A Y� Z W 20 19 43A �-- 81 U O U 43 ,i� j��= 67 J U U 42 42A `� e\ 68 80 �� ' 33 i��\�°a\ � 31 32 41 A �zA �� 79 41 71 70 69 35 34 �2 � R� HAR�S C 4�oa CASLER CT 78 � 36 38 39A 77 37 � 39 73A 3 74 I 75 I 76 21 22 � 125 19 � 20 23 � . � S� 124 ,s 24 �PQ�' i23 20 13 - 18 25 j j 122 21 17 Zs a 59 � 61 j 86 � 88 Q — (n Q � 121 22 16 27 � 58 62 85 8? J 120 15 28 U 57 63 w 84 gp U 119 14 14 29 � 56 Y — - 64 m 83 91 118 � 13 30 55 65 82 gZ �� 25 � RIDGEWOOD STREET DENOTES YNNTENANCE AREA �nO�� /�� DENOTES MOMANG AREA uv SCALE: 1 "= 200' � � �� CITY OF CLEARWATER, FLORIDA � PUBLIC WORKS ADMINISTRATION - ENGINEERING °� ° LAKE HOBART °"n EA 09/21/04 acaco n EXOTIC PLANT CONTROL o„a, � TM 1.00 ACRE 99025-� omato n yQ* _ � 1 OF 33 ' � , ' 1 � � CJ 1 � 1 � U�JO� Lr�S�L.rU SCALE: 1 "= 200' DENOTES uNNTENANCE AREA /�� DENOTES NON1NC AREA �� ``<..� :�`'' EA ue n TM � CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING 4VEST ORIVE POND EXOTIC PLANT CONTROL 0.53 ACRE 3 OF �3 � � �� r., � � � � � � � r PINEBROOK DRIVE 42 41 40 39 38 37 36 35 34 33 32 31 30 29 15 16 17 18 19 20 21 22 23 24 2g 26 27 28 j � 0 � — Q = 14 13 12 11 10 9 (' = 18 19 20 21 N � Z Y N OR TH WOODSON LANE 8 � 6 5 4 3 2 � U Q � 22 . 26 27 28 W 23 24 25 HIBISCUS �TR��T I JvV �I-1 NltilS(;US �TRFF'T PALMETTO ST. 4,,0, CLEARWATER DENOTES N/UNTENANCE AREA �nO��M /�� OENOTES YONANC AREA uv w SCALE: 1 "= 200' � 32 i � .33 � 34 �� 31 30 �� CITY OF CLEARWATER. FLORIDA ' PUBLIC WORKS ADMINISTRATION — ENGINEERING °"��° LAKE HIBISCUS 09 Z� 44 a�aao s. EXOTIC PLANT CONTROL �� o.a �a TM 1.00 ACRE g9o25—� o[saso �r su� 7F 4 OF 33 l� 1 1 � � � � � � 1 J � > a 0 Z Q J 2 � 2 N e 7 6 5 20 19 1B 17 18 15 14 13 12 11 Z 8 7 6 5 Z 20 19 18 17 16 15 �� A� 0� �� CLEVELAND �I I 2B 2 3 26 4 25 S 24 0 O 6 23 O B 3 7 yp Z J B 21 C9 9 20 N 10 19 11 18 12 17 13 ig 14 �s 21/01 CREST LAKE PARK GULF TO BAY BLVD. 1 2 S 19 20 21 22 1 2 3 4 DENOTES MNNTENnNCE AREA �nO�� /�� DENOTES M01MNG AREA u� SCALE: 1 "=300' STREET � 2 3 4 S 6 > � G � yp 19 1 17 22 2 HARVARD � 2 s � i 3 z� 20 � 4 DARTMOUTH W a � J 2 6 K � ZO 7 4 N 1 3 4 5 6 7 S.R. 60 �� CITY OF CLEARWATER. FLORIDA ' PUBLIC WORKS ADMINISTRATION — ENGINEERING °""" w CREST LAKE °"'� EA 09/21/04 oEOaow EXOTIC PLANT CONTROL o„�,p � 3.00 ACRES 9sozs—z oESOico ar � TF � OF 33 � ' � � � � �� ; � � � .� � � � � n � � Y � � � W Y STREET � iz 2 11 3 10 J 4 9 5 8 s � W � � 12 13 STREET � �o � ' 15 35 � 9 G��P K � 8 G�P � Z 14 34 � 36 6 Q M 3 13 Q 37 4 5 4 � 2 � 38 3 PS'` 5 K 2 �,`��t. � �� 6 10 DEN07ES MAINiENANCE AREA � nO�� /�� DENOTES MOMANG AREA U v SCALE: 1 "= 200' A B C 16 15 14 � ��P / � � � � � � � DENOTES MAINTENlWCE AREA �nO��M /" DENOTES MOWING AREA uv w SCALE: 1 "=300' , �M CITY OF CLEARWATER� FLORIDA � PUBLIC WORKS ADMINISTRATION - ENGINEERING EA r�co w TM sco n � WESTCHESTER LAKE °"" 09/2t/d EXOTIC PLANT CONTROL p„�,,,� 3.00 ACRES ��5— 10 OF 33 � � � � ,� � � � �I � DENO7E5 MAINTENANCE AREA �nO��M �, �ENOTES NOWINC AREA uv ��- �� SCALE: 1 "=300' i; �� t� '�..'iL. y EA K[o ar TM h CITY OF CLEARWATER� FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING CLIFF STEPHENS EXOTIC PLANT CONTROL 5.00 ACRES 11 OF 33 � � � � � � � _� � , � DENOTES MAINTENANCE AREA � nO �� DENOTES 1JOVNNC AREA uv SCALE: 1 "=200' � � � �' � � � N E � g 0 .a DENOTES MAINTENANCE AREA �nO�� DENOTES MOWING AREA U � �.I--1� SCALE: 1 "= 300' � � � � � � � � OENOTES ►IAINTENANCE AREA �nO��j �� OENOTES MOWING AREA uv w SCALE: 1 "= 200' � CITY OF CLEARWATER, FLORIDA ' PUBLIC WORKS ADMINISTRATION — ENGINEERING EA .�o TM � LAKE TANGERINE ��Z EXOTIC PLANT CONTROL a,�, 0.62 ACRE 990� 15 OF 33 � � � � � � � � � DENOTES MNNTENANCE AREA � nO��j � /�� DENOTES NOWING AREA uv u SCALE: 1 "=200' I'�;�'�'^_�';�`. , ,.� � acaao n TM o[wco s. h CITY OF CLEARWATER, FLORIDA PUBLIC WORKS AOMINISTRATION ENGINEERING FRANK TACT POND EXOTIC PLANT CONTROL 1.05 ACRES 16 OF 33 � � L � � ,. � � DENOTES MAINTENANCE AREA j� jjO�� " OENOTES GONANG MEA uv SCALE: 1 "=200' q . a�.�.. EA acaao n 7M �� ff CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING CYPRESS BEND DRIVE EXOTIC PLANT CONTROI 2.14 ACRES 17 OF 33 � � � � � !� � � a c � � U VOLr—t]�LI-1.J SCALE: 1 "= 200' DENOTES MAINTENANCE AREA � DEN07E5 GABION /,� DENOTES MOri7NG AREA �� CITY OF CLEARWATER. FLORIDA ' PUBLIC WORKS ADMINISTRATION — ENGINEERING EA a�caco n lY �o � � BYRUM DITCH 09�2 EXOTIC PLANT CONTROL ,.a. o.�s AcRE 99oz 19 OF 33 6 0 Y W W � U J J 2 9 2 3 8 4 9 G 5 � 10 W Z 6 � J 11 � 12 W 7 I 6( 5 I 4� 3 I 2 I 1 OAK HILL � 2 3 4 5 6 � ' C 12 >> �� 9 8 � � OAK COVE f- 8 13 14 W � Q 15 � DRI VE � M ARLO � 1 2 3 4 5 Q J 6 Y Y Q � O Q 7 � Z � 23/03 a- Z J D. D. DAVIS PARK 8 OENOTES MAWTENANCE AREA �nOr�� DENOTES MOXANG AREA uv �--�s SCALE: 1 "=200' �7 10 >> 12 I� ROAD t2 Z �� J 10 9 8 7 1 9 Z �O $ Q m 7 6 PIN OAK p 9 g � � `� � � � � � � � � � � � � � � � � � � 0 � �, s a � DRUID ROAD �o> 18 > > 2 � 100 �� 1� 2 2 6 17 18 Z 99 16 3 3 W J 98 15 4 Q � 4 0 97 14 5 5 13 2 � 96 6 6 12 95 � 7 6 17 18 �� 8 94 g 10 9 93 Y 9 Z � W W 92 55 � 56 64 � 54 57 � 2 1 � 9� 63 W � 53 58 W W 90 62 6 17 18 m 52 59 S9 61 51 88 LOTUS 8� so 4 15 16 49 48 47 86 18 ! 7 77 85 84 83 82 81 80 79 78 �o z� 11 26 12 25 13 24 14 23 15 22 16 2� 17 20 18 19 65 72 66 67 70 68 69 PATH 46 45 44 77 76 75 Zs � 29 2 30 3 � � 31 4 32 5 33 A 6 34 7 35 8 36 � 9� � 37 10 (J') W — - = 38 U 11 39 12 40 13 41 14 42 15 43 4a/oa 74 73 4 JEFFORDS 1 2 3 4 5 g � a j 1 2 3 4 5 6 1 Z -, DENOTES MAINTENANCE AREA � nO�L�7(� � �ENOTES GABION LI V LJ—U U u u SCALE. ��=ZOO, � DENOTES MOMANG AREA � � � � � � � � � � � � � fV M � .i 5 6 7 8 P� 43/Os 44/06 43/03 3 O K 13/OS 19 18 17 16 15 14 13 12 11 10 9 g 7 6 11/02 1 28 � Z W 27 2 4 3 � 26 3 � 4 ¢ 4 a 23 5 24 5 B 23 8 7 22 � G g Z� 8 9 20 9 10 �9 10 0 „ a ,a „ a 12 W 17 �y � d' 13 � 16 13 � 14 �g 14 BRENTWOOD 28 1 I Z� Z i 26 3 zs a 24 $ 23 6 22 7 F 2� 8 20 g �9 10 18 tt 17 12 16 13 15 14 DRIVE 28 W Z� � Z 26 Q 25 24 21 20 W 19 J 1B � � 17 +� 76 15 0 13 < 0 � 14 O W 4 / S 4 28 � A 27 y W 8 1 W � — � Z Z 26 3 +�J Z - �j a Q 25 4 5 5 1 24 6 23 6 �OP�C H�LL$ � 22 � 16 � t p W 2t 8 ts 2 2 — 20 g 14 3 Q Z C 19 10 13 4 3 0 � 18 11 Q t2 5 A U � �� 12 � 11 6 Q 4 � � — 0 16 t3 U 10 � j g m 15 14 9 8 DENOiES MAIN7ENANCE AREA � jjO�l�7� ^� DENOTES YONANG AREA U\V 1 I�-'l I I `� IJ—L u SCALE: 1 "=300' 2 11 /Ofi 11/06 - �REEZE 6 �g 4 3 2 � Y 18 17 16 15 14 13 1 � � 14 5 a 19 2� 22 23 24 2; 8 g 10 I 8 13 7 W 6 ROAO 12 Ft'� 9 NV�S� 11 6 11 Z 1 10 4 3 15 �R�� 94 g 7 14 � 5 ��G 5 X 1 � f PS 16 ,�0�' 1 2 2 17 2 � 3 18 4 O3 3 F 4 19 18 5 9� g 20 y 9� 6 17 G� 6 21 11 yG� 16 22 7 � 12 2 8 13 14 9 9 13 14 10 t6 12 15 �� 10 �� 60 � 0 ST. 15 12 G 8 9 10 11 12 13 14 16 13 23 22 21 20 19 18 �� 14 BEU.AIR ROAD OENOTES MNNTENANCE AREA �O��j � /�� DENOTES MOWING AREA U SCALE: 1 "=200' 9 C � � 10 9 12 8 7 13 14 15 16 �� ROSE STREET � z 32 31 N 36 35 34 33 � 2 3 4 5 REGAL STREET 23 22 20 24 21 1 7 g � / 6 9 Z 33/f -- a — 5 Bo 10 4 11 3 — 12 U - I 2 z 13 -- - W _ � 14 � � �� 8 � � v � �� 'u' 211 210 209 208 207 � ENVOY COURT o I 165 164 168 167 166 136 135 134 133 132 COURT 163 162 161 160 159 154 155 156 57 158 � 143 144 145 146 147 Q 152 w 151 150 149 148 WAY �i51 >>s i »� I >>s i >>s I �zo 197 196 195 131 � � 130 129 128 127 126 125 124 123 122 121 13 I 112 I 111 I 110 I 109 I 108 I 107 I 106 20 21 ` 22 23 24 25 � 26 �� 27 28 29 DENOTES MAWTENANCE AREA � j�O�� DENOTES N01MNG AREA uv SCALE: 1 °=200� 19 I� 8 � 17 I 16 I 15 I 14 I 13 I 12 I 11 ALEMANDA 97 96 95 0 99 98 94 93 92 z D 64 65 66 67 68 69 70 71 a BARCELONA 59 58 57 a 63 62 61 60 � �� 30 31 32 33 4 35 36 CATALINA �� - �� l �� i �� ii ii i� �i i i IMPERIAL GARDENS i� �.-------------�. � � ---------- i i I �-- �l I I'------J i 4��01 i i � �----- i 1 i j ' ' � �------------' � i i � �`-------------�. i� �� i� �� i il i ii ii NURSERY ROAD `` CITY OF CLEARWATER, FLORIDA ` PUBLIC WORKS ADMINISTRATION — ENGINEERING ° E�°" AILEN'S CREEK o9 2 ot ocatoo� EXOTIC PLANT CONTROL �.,s �� m 0.68 ACRE 99�9-5 rF 2s a sa � � � � � � � � � � � � � � � � a 47 11 v 46 12 � � 13 45 14 44 15 43 16 42 17 DRUID t I2 3 4 10 5 11 6 �2 � 13 8 14 9 15 MAGNOLIA 1 10 �,� e� w � z a 24 23 22 21 � �� 20 � G6 19 � 18 w � z � a N ¢ � U � a ----------------� � ir----------------- 1 I � ir --------------- I I� � �� i� i �� i ii � ,� L_______JL________________ CLEARWATER HIGH SCHOOL �� '� ��a ��ir� • �� I�� i71 �s �� I� DEN07E5 MAINTENANCE AREA U�� yjj�O�� ,� DENOiES MOWINC AREA V SCALE: 1 "=200' � � 0 9 7 �0 8 19 20 RIPON � 56 � 55 54 53 52 51 50 5 0 � 0 � 6 x 0 21 �\Land cn �C7 D 0 r rn � � II� �W o �0 � 0 0 0 0 �I 1/1 N c c � � _ � c� � � s �+ � � s ��>� �� : . � n rn C --i O O W � � 0 n� �o n m � � r�- � f*1 p C'f n -�i D G�'17�C D � � � ZN� m D � v � � Z;�i o � �Z� �� o o e S -D-� � ��g�NE 00 a � �� ZD a�► rs � �r�r •� �tr� .�s �■�► irs �i i � t� ed.adams f 62� 624 625 627 N 628 629 W 630 � � O � \ � J ` � g � � �P b31 D �� m 634 0 635 N 636 � 637 � 638 639 640 641 MAXIMO m � � z D v Z 0 � � m m � � � -� � � � I I \ � �� 1 � �� , �l. =�� BAYSHORE � m v � O � � m m —a BOULEVARD � 0 � r� � � m � � � � �� a .. DENOTES MAINTENANCE AREA I� I�IO��i- � /,� DENOTES MOMANG AREA uv u SCALE: 1 "=200' ! � �� N a c � DENOTES MNNTENANCE AREA �nO��M � DENOTES GA810N AREA U v L.rLJ L�J �� /\, DENOTES MOWING AREA SCALE: 1 = 200 � � � � � � ' � � � � � 8 � N a G � 41/05 ai/os 41/OS 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 w 54 > � 1 2 . CROIX DRIVE � ° -1�1 � - -� S 0 22 w > 9 21 p DR. 8 I 20 w 9 = 21 � ' 8 10 12 H �4 16 18 2� 22 24 ; 5 11 13 15 21 23 � 7 9 17 19 � ST JOHN DRI VE DENOTES A1AINlENANCE AREA � (jO(��M �, DENOTES MONANG AREA U `J L�J LI�.� SCALE: 1 "= 200' DRIVE �� Cq W Z W � � � � u 4 9 i 8 7 SHERWOOD 1 � 2 Z 3 3 z 1 � J 2 3 3 4 4 5 6 3 4 6 9 a 4 9 w 4 9 0 z 8 a 5 8 v 5 8 7 g 7 6 � 1 6 2 5 3 4 STREET � 12 2 11 3 10 4 9 5 8 6 7 z 0 � J W Z � LONG 1 2 4 5 6 7 8 9 130 131 132 133 134 135 136 129 WEBB DRIVE 128 � 114 113 99 98 W � w � 127 � = Z 115 ��2 �' 100 97 Q a DENOTES MAINTENANCE AREA j� jjOr,_,�L�� „ DENOlES LIOWiNG AREA � �� Lr;.i U SCALE: 1 "= 200' } Q � � � � 3 10 3 4 9 j 4 z 5 g Q g 6 7 6 STREET � 20 2 19 3 18 4 17 5 16 6 15 7 14 g 13 9 12 10 11 1 2 3 4 z 5 w 0 Q 6 7 8 9 10 STREET 11 12 13 14 15 16 17 18 � � � � � � � � f � � �� DENOiES MAINTENANCE AREA � (jO�C� 7(Lj�j �/„ OENOTES MOWINC AREA U V LJ-LJ U u-u SCALE: 1 "= 200' � I I --I � � DENOTES 1AAINTENANCE AREA �O� p)� f-M �, DENOTES MONANG AREA �,-,3 u w SCALE: 1 "=400' � lJ �J u � � � LJ LJ � � � �� 9 � LI V OLr=Li�Lr"IJ SCALE: 1 "=300' DENOTES MAINTENANCE AREA �„ OEN07ES AAOWING AREA �t�� ;:, :�� EA n� otsrrim n ff CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING DREW STREET POND °"'� EXOTIC PLANT CONTROL 09��Z�a o.n ro 0.52 ACRE 99�5-5 s�tr 30 OF 33 S.R. 60 1 2 3 . _.,.. `"" ` _ 0 1 2 3 4 5 1 16 15 14 13 12 11 � 10 PARK STREET PIERCE STREET w � Z a r � x , a � N temx rn � � s ° e =1 1 16 IS /4 1] I? 11 � m e 10 y �e �o FRANKLIN STREET 19 � �e i �� s U ie m x� n s s ie � �''� a �s s V1 O � a IS 17 11 1 9 8 7 14 6 � � � � � � _ S COURT � ST,Q 4 �FT 5 19 m:, z2 x� :s xs zs = 6 f- DENOTES MAINTENANCE AREA � nO��M /�, OENOiES MOWINC AREA U\V L�LJ U U SCALE: 1 "=200' CLEVELAND , . 1' , 28 29 30 11 12 ^ 13� 14 15 16 H � 1 O � 1 5 a 1� � � PARK ST, � 22/09 Y �5 W � p 16 � 1! IANE Z ---- 17 � a 2 � LANE � 8 � � 19 PIERCE 20 6 21 7 22 8 23 9 24 �� 11 Zg 12 27 13 28 14 29 15 30 � 11 2 �- - 13 4 14 5 15 6 16 � ' ' 1 , �► :_ :�►1 STATE OF FLORIDA COUNTY OF Hii,i,SRnRniTGH a� acscza��.o BOND NUMBER: KNOW ALL MEN BY THESE PRESENTS: That we Rini.nGiCAi, RF,SF.AR('H ASSn('iATFS as Principal and HARTFnRD CASiTAi.TY iNSi1RANC'F. C'nMPANY (THF, HARTFnRn� (Surety), whose home address is HARTFnRn, (,nNNFC'Ti(''iJT_ HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, ' Florida (hereinafter called the "Owner") in the penal sum of: NiNF.TY-THRF,F, THnT1SAND NiNF HiiNnRFn FnRTY nni.i.ARS AND 00/C'FNTS (, 93,94� 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 , 2004, entered into between the Principal and the City of Clearwater for: 1 1 1 ' ' LJ u ' ' � :: .: : ► :► : . � �► 1► : � : ►�: ► ►_► �► .� '�►1 ._►► _►� u►� � � ► :_► �►s _ : I - I I ►1 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 Principal shall in all respects comply with the terms and conditions of said contract, including the one- year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury ar conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Principal agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Principal, 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 Principal and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Principal 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, and any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. 1 Section V ' r �--�� ..� :.., , And the said Principal 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 darnages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Principal or his agents or servants ar the improper performance of the ' said work by the Principal or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or wark done; as aforesaid, or otherwise. ' ' And the said Principal 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 accompan}nng 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 of , 2QQ4. ' ' ATTEST: ' ' ' COUNTERSIGNED: ' ' ' �J Section V 2 CONTRACTOR: By: SURETY WITNESS By: ATTORNEY-IN-FACT day � ' RK�)►il Y:7�N1�1 � �� This CONTRACT made and entered into this �_ day of , 24�l� by and between ' the City of Clearwater, Florida, a municipal corporation, ' hereinafter designated as the "City", and Rini,n(:iC'Ai, RF.SFARC'H ASSnC'iATF.S of the City of TAMPA, County of Hii,i,SRnRni1GH and the State of Florida, hereinafter designated as the "Contractor". , ' WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums ' of money as herein after set forth to be paid by the City and to the Contractor, shall and will at tl�eir own cost and expense perform all labor, furnish all materials, tools and equipment for the following: ' ' , ' ' ' ' , ' ' ' ' _t.: : ► _► : .� / �► �► :� : u_ ► ►:► �► :.� '�►� .:►► :►� uu � _ � : � : ► :_► �►: _; - 1� II ►1 �; . ►I � ► ► .: . � _►1 ► ► . ►1: 1 �; 1� s: _►1 II ► '' ',I II 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 drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB- CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. 3 � L 1 � J ,-, I'�� !I � , � n � I i � ' � ' ' ' � � _J ' ' �► :: 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 tertnination; rates of pay or 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 faregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors far 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 �1,0(10.00 en ,r daPv, for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of ��,nnn.nn er dav shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his ar its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. � r � , ' , ' .. :_ IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA BY: , �� William B. Horne, II City Manager ' Countersigned: ' ' ' . By: v . , rtAN V I i�dAQ� Mayor-Commissioner , (Contractor must indicate whether Corporation, Partnership, Company or Individual.) , �� I� � J II � , � � u ' (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). 5 (Seal) Attest: 1 - C t ia E. Goudeau, ity Clerk Approved as to form: � � { ,,, ry . Ruf Assistant City Attorney W � , V. � I LL ► I�ViI� . c�►L Q[sE N t � ��.0 (Contractor) By: ��E3�.1 � �I � , ' ' ' ' � L � ��i K�7►tIY.7��r�7� _ 1 _ / � ; �I ► : ' s ►� ► 1:'�:_ �► �;►ll � �: 1_ 1 ► � . : � : � . On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, who after being duly sworn, disposes and says: That he/she is the (TITLE) of BinT,n(:iC'Ai, RF.SFARC''H ASSnCiATF�. a Florida Corporation, with its principal place of business located at _5532 AiTi,D I.ANF., NnT.iDAY�Fi,nR�DA 34690 herein the (Contractor). That the Contractor was the general contractor under a contract executed on the day of , 2004 the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of: _ : . : ► _► : . � _ �► �► : 1 : u _ ► ►_► �► _. '1►1 ._►► _►1 ►I►l 1 _1 ► ::► 1►_ : : _ I � I I ►1 That said work has now been completed and the Contractor has paid and discharged all sub- contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nar any debts ar obligations that might become a lien or encumbrance in connection with said work against the described property. ' That he is making this affidavit pursuant to the requirements of chapter 713, Florida Statutes, and upon consideration of the payment of (Final full Amount of Contract) in full satisfaction and discharge of said contract. , ' � , 1 ' , ' That the Owner is hereby released from any claim which might arise out of said contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to This day of _ NOTARY PUBLIC Notary's Printed Signature My Commission Expires: se�cio» v 11� . � � � � _ : t . 0 By: President r ' �_ J � ' ' ' � ' � ' ' , ' ' ' li ,, rI L Tl'us Bond complies with the Terrorism Risk Insurance Act of 2002 (TRIA) PROPOSAL BOND (Not to be filled out if a certified check is submitted) KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned, Biological Research Associates, L.L.C. as Principal, and Hartford Fire Insurance Compan� as Surety, are held and firmly bound unto the City of Clearwater, Florida, in the sum of Dollars ($ ) (being a minimum of 10% of Contractor's total bid amount) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. The condition of the above obligation is such that if the attached Proposal of Biological Research Associates, L.L.C. as Principal, and Hartford Fire Insurance Com�any as Surety, for work specified as: Bid No. 04-0057-EN.; Clearwater Nuisance & Exotic Ve�etation Control and Maintenance on City Lakes, Ponds, Channels and Immediate Ad_iacent Transitional Areas all as stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and specifications provided herefor, all within Pinellas County, is accepted and the contract awarded to the above named bidder, and the said bidder shall within ten days after notice of said award enter into a contract, in writing, and furnish the required Performance Bond with surety or sureties to be approved by the City Manager, this obligation shall be void, otherwise the same shall be in full force and virtue by law and the full amount of this Proposal Bond will be paid to the City as stipulated or liquidated damages. Signed this 28th day of October , 2004. (Principal must indicate whether corporation, partnership, company or individual) The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title; the person signing for a corporation must, by affidavit, show his authority to bind the corparation. � 1 • . � . • �!C L:.� � ,�=� Biolo�ical Research Associates, L.L.C. Principal �.._.,. �,t.... �.. �,.....�� orney In Fact & Florida Licensed Resident Agent. Inquiries: (407) 834-0022 � L �J Insured's Name Biological Research Associates, L.L.C. lnsured's Mailing Address 3990 US Highway 301 N, Suite 180 Tampa, FL 33699 Policy Number 102804C1ear ' IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS- TERRORISM RISK INSURANCE ACT OF 2002 1 :r- ' You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for ' all coverages, is limited by the terms, conditions, exclusions, limits, other provisions or your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. , Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily-established deductible paid by ,sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. ' ' The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. ' ' , ' Form B-3333-0 ' Terrorism premium $0 O 2002, The Hartford Page 1 of 1 r POWER OF ATTOI�:NEY Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 690 ASYLUM AVENUE � HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-224527 , X� HaPtford Fire Insut'enCe Company, a corporarion duly organized under the laws of the State of Connecticut X� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X� Hartford Accident and Indemnity Company, a corporarion duly organized under the laws of the State of Connecticut , � Hartford Undervvriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut OTwin City Fil'e Insu�ance Company, a corporation duly organized under the laws of the State of Indiana � HartFord Insurance Company of Illinois, a corporation duly arganized under the laws of the State of Illinois , � Hartford InsuranCe Compdny of the Midwest, a corporation duly organized under the laws of the State of Indiana � Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home o�ce in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, �p to the amount of unlimited: Jack W. Guignard, Bryce R. Guignard, M. Gary Francis, Paul J. Ciambriello, Apri! L. Lively, Jennifer L. McCa►ta, Margie L. Morris, Brett A. Ragland, Katie N. Bird of Longwood, FL heir true and Iawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by �, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and othe� written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and �xecuting or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolutio� of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant 'Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �T/�� x*�iE�s.��,� t�� NY._ a�/wM�� r°�l.�w..�rart.Sr F *4ar �,1�MeyyO � s't�yuee�r� ^� $ ' ...� ..�°� . g �� a� :� . �� • o r J_ � ; $ ,�r ;,��+r�encv1s � ��s�N1► �°��tD79 e� �?7= _3. 1449 ,� r, y .. .'S' °ij�•.........`�4 ',�'~++. .•, +�. . �� "'s � FZCaPA' ,�.o IA �. �r . �tino�s �iN•N' . , ��Q � . Paul A. Bergenholtz, Assistant Secretary 'STATE OF CONNECTICUT � S�. Hartford COUN7Y OF HARTFORD (� U� � Gc%�— David T. Akers, Assistant Vice President On this 23rd day of July, 2003, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and ay: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed �is name thereto by like authority. t E. A�y_ ��P ' E/� ,��--�/.� �l�UN�c w Scott E.Paseka Notary Public CERTIFICATE My Commission Expires Ocrober 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct �opy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 28, 2004. Signed and sealed at the City of Hartford. , �trt�� 4^tL�s.rj' t tq� � r�iF ft, u�� .. � , o��H � :��ee..�n.rrn : w 1q A f' ��°� ��y�b �� i e •�- � :.;� . a ; �g�z �� : • * � g • � j . r, �y -• � , !,:`•,ru ncr�,� +•su+1�' �':,.: 9 f�� 1p79 � �:�$„ ] Q► �� /� �• y �iF � E� .J �y••....._ .: �4 • `+;.. .��`° � • 7set9�� a rA '. Ao+ • �'e �ttnaS' �in��►' �.......� C� �OA 2004 r' ;, r.�«(,.�� ;�{;;,, ,,�"__.. __ _ _ __ � �� i; Gary W. Stumper, Assistant Vice President r 1 , ' , � ' � , ' ' , ' , , � ' ' AFFIDAVIT (To be filled in and executed if the bidder is a corporation) STATE OF FLORIDA ) COUNTY OF ) being duly sworn, deposes and says that he/she is Secretary of Biological Research Associates, L.L.C. a corporation organized and existing under and by virtue of the laws of the State of Florida, and having its principal office at: 3910 US Highway 301 N., Suite 180, Tampa FL Street & Number City County State Affiant further says that he is familiar with the records, minute books and by-laws of Biological Research Associates, L.L.C. (Name of Corporation) Affiant further says that is (Officer's Name) (Title) of the corporation, is duly authorized to sign the Proposal for for said corporation by viriue of (state whether a provision of by laws or a Resolution of the Board of Directors. If by Resolution give date of adoption). Sworn to before me this day of 8 , Affiant 20 Notary Public Type/print/stamp name of Notary Title or rank, and Serial No., if any r ' ' , 1 LJ ' ' ' , , ' ' , ' � � ' , NON-COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF IIS U U V l� l�.i'V� ��.� y�.l� being, first duly sworn, deposes and says that he is r`��'ll'C5� �i(�e �'P��t'�.Vi�- of _ �i��(�lC�-� � �1�.�'� d�£z��,��, L� the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that said bidder is not financially interested in or otherwise af�liated in a business way with any other bidder on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidders or person, to put in a sham bid or tha.t such other person shall refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant or any other bidder, or to fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any advantage against the City of Clearwater, Florida, or any person or persons interested in the proposed contract; �and that all statements contained in said proposal or bid aze true; and fiuther, that such bidder has not directly or indirectly submitted this bid, or the contents thereof, or divulged information or data relative thereto to any association or to any member or agent thereof. � � .' � � I Sworn to and subscribed before me this 02 % day of ,��s�,6C�C , 2004. �,:�r � �n �c, sPa�cs y,: ,r_ MY COMM{SSION 1� DD 195369 _�`• �= EXPIRES: Jwe 10, 2007 ��ri�;�� e«waa mu riomry woNC unaonnnaa -�. � ,� l :/�_��,I � � �- - r ' � , , � PROPOSAL (1) TO THE CITY OF CLEARWATER, FLORIDA, for and doing such other work incidental thereto, all in accordance with the contract documents, marked � � ��r 1� � I1' � /�� ' Every bidder must take notice of the fact that even though his ro osal be acc ted and the doc P P �p uments signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of ' the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract without a certificate from the Finance Director that funds aze available to cover t he cost o f t he wor k to be done, or without the approval of the City Attorney as to the form and legality of the contract and all ' the pertinent documents relating thereto having been approved by said City Attomey; and such bidder is hereby charged with this notice. ' T'he signer of the Proposal, as bidder, also declares that the only person, persons, company or parties interested in this Proposal, aze named in this Proposal, that he has carefully examined the Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications, ' General Conditions, Special Provisions, and Contract Bond, that he or his representative has made such investigation as is necessary to determine the chazacter and extent of the work and he proposes and agrees that if the Proposal be accepted; he will contract with the City of Clearwater, Florida, in the ' form of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or apparatus, do all the work required to complete tlie contract witl2in the time mentioi�ed in the , General Conditions and according to the requirements of the City of Clearwater, Florida, as herein and hereinafter set forth, and furnish the required surety bonds for the following prices to wit: , , ' ' , 10 r ' PROPOSAL �2) If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned ' shall fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may, at its option deternune that the undersigned has abandoned the contract, and thereupon this Proposal shall be nutl and void, and the certified check or bond accompanying this Proposal, shall be ' forfeited to become the property of the City of Cleazwater, Florida, and the full amount of said check shall be retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be ' paid to the City as stipulated or liquidated damages; otherwise, the bond or certified check accompanying this Proposal, or the amount of said check, sha11 be retumed to the undersigned as specified herem. ' Attached hereto is a bond or certified check on ' ' , � ' ' ' ' ' ' ' , ' �.. Bank, for the sum of�� pU,,`� �`�'l�,l�P. _ �t�J� � _ �11( (�I(�� QG� �'��'�fa . �$ q �;�c�q� �- (being a ' um of 10% of Contractor's tota.l bid amount). The full names and residences of all persons and parties interested in the foregoing bid are as follows: (If corporation, give the names and addresses of the President and Secretary. If firni or partnership, the names and addresses of the members or partriers. The Bidder shall list not only his name but also the name of any person with whom bidder has any type of agreement whereby such person's improvements, enrichment, employment or possible benefit, whether sub-contractor, materialman, agent, supplier, or employer is contingent upon the award of the contract to the bidder). NAMES: ADDRESSES: YVL Signature of Bidder: (The bidder must indicate whether Corporation, Partnerslup, Company or Individual). 11 r ' ' ' , ' ' 1 ' � , , , ' ' � --' � ' PROPOSAL (3) The person signing shall, in his own handwriting, sign the Principal's name, his own name and lus title. Where the person signing for a corporation is other than the President or Vice-President, he must, by affidavit, show his authority, to bind the corporation. i ,. Y �- (,y Business Address of Bidder: Dated at e Title: ��/t•ZA� � [E �.S h�"�''� �.. .,. , r ., _ I . F, .-. City and State: �� ,�Yl� � Zip Code � ,�,�f this 2� day of _��.j� , A.D., 2004 12 0 r � ' � ' , ' ' , ' ' ' ' ' � � ' ' ' PROJECT: �:��VI'�'�.4r � ��is.�C�( ,�, l,�C� c��l `� �� '7'�l ��Y1 ��j p� '(�1,(�.i�i�2 C 04- ��-- �1� , CITY OF CLEARWATER ADDENDUM SHEET Acknowledgment is hereby made of the following addenda received since issuance of Plans and Specifications. __ Addendum No. � Addendum No. Date: _� � Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Addendum No. ; Addendum No. Addendum No. Date: Date: Date: Date: Addendum No. Date: Addendum No. Date: 13 �W�LI (�V\ , (Name of Bidde W ' C (Signature of Officer) � � �i,�e � ` (Title of Officer) , 2�- �(�� 2(Y� (Date) ' ' ' ' 1 ' ' ' ' ' ' ' � � ' ' � ' ' BID SCHEDULE — U1vIT PRICES/PROJECT NUMBER: 04-0057-EN PROJECT: NUISANCE & EXOTIC VEGETATION CONTROL AND MAINTENANCE ON CITY LAKES, PONDS, CHANNELS, GABION STRUCTURES AND IlVIlVIEDIATE ADJACENT TRANSITIONAL AREAS BID ITEM 1. Lake Hobart 2. West Drive 3. Lake Hibiscus 4. Crest Lake 5. Terrace Lake 6. Westchester Lake 7. Cliff Stephens Park 8. Allen's Creek Park 9. Lake Bellevue 10. Lake Tangerine 11. Frank Tack Park 12. Cypress Bend Pond 13. Byram Ditch 14. D. D. Davis Park 15. Linn Lake 16. Florida Power (ROV� 17. Rice Lake 18. Allen's Creek 19. Lake 7ulia 20. Cooper's Bayou Park 21. Hampton Road Pond 22. Arcturas Avenue Pond 23. Sall's Lake BID TABULATION TABLE LTNIT monthly monthly monthly monthly monthly monthly monthly monthly monthly monthly monthly monthly monthly monthly monthly monthly monthly monthly monthly monthly monthly monthly monthly 14 QUANTITY I �T PRICE 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 12 1._. �I • I�I � � � .� � � i, , I;1 � !,� � ��!t� �i �� / I:, 1 � N�i , �� _I�' � '� ��i �� l `f ��, �� 1��1 � �� ,I I �� '' /, � � � s � ! +, � ' ' , ' ' , � ' ' ' ' ' ' ' , ' , ' BID ITEM 24. Lake Lucille 25. Landmark Drive Area 26. Lake Chautauqua Park 27. Drew Street Pond 28. Prospect Lake 29. Additional Plantings Aquatic Vegetation Replacement COMPANY NAME � ADDRESS � r�� IJNIT QUANTITY monthly 12 monthly 12 monthly 12 monthly 12 monthly 1,000 Square Feet �� 12 5 .. ' . �_i � � � �.� � T�TAL � I � '� i�� t►1 � 1� �t ��1� ,� _I_�,1 �� ` �_ Subtotal 10% Contingency TOTAL COST � � � I �0 . T�u�. �L �� i� �(, n � � BIDDER'S GRAND TOTAL $ "(�,"l �— (Numbers) � < BIDDER'S GRAND TOTAL $ � (Words) {�11�( ll�X� (�.Pr� CO Cf'D'1,�-`a. THE BIDDER'S TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS LTNIT PRTCES AND THE LU1V� SUM PRICES AND THE ESTIMATED QUANTITES REQUIIZED. THIS FIQURE IS FOR INFORMATION ONLY AT TI� TIlVIE OF OPENING BIDS. TI-� CITY WII.,L MAKE THE TABULATION FROM THE TJIVIT PRICES AND LUMP SUM PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY TI� BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE SHAI.L GOVERN. 15 ACORD CERTIFICATE OF LIABILlTY INSURANC� QP�A DATE(MMIDDIW) ozo i az/ii/os ARODl1CCR TH[S CERTiFICATE IS ISSUED AS A MATTER OF lNFQRMATION ONLY QND CONFERS NO RIGMTS UPON TME CERTIFICATE Rea�, �n�urpr8, InC. WQ�D�R, TWIS CERTIFICAT� DOES NOTbM�ND, EXT�ND pR 5005 w. T�aurel. StsQeC, Ste 209 A�T�R7HECOVEl2AG�AF�p12q�DBYTH�POLICI�SBELQW. Tttmpa FT� 33607-3836 Phone: 813-288-1000 F8x:8�.3-28].-2411 INSUR�R5 AFFOROING COV�RAG� INSURED W�� INSUkFRn; Southern Owners Insusance Co. iNSUaERe: Auto-Owness Insurance Co. B�,q�o �.ca]. R��e�XCh AsaQ c�,�C iNSUR�RC: Mt Hawle ins Co T�np��FT�s33619�1353301 #180 INSURFRA; INSURER F; 'COVERAGES TI•IE PQLIG� OF INSURANCG LISTGD 6CLOW HAVG DCCN ISSUCO TO THC IN3URCD NAMCO ABOV[ fOR THL- {'OLICY P[RIOD INDICAT[D. NOTWITH3TANDING ANY REQUIREMEN7, TERM OR CONDITION OF ANY CONTRACT dR OTHER DOCUMENT WITH RESPECT TO wHICH TMI& CF.RTIFIC�+TF. MAY BF iSSUEl7 OR MAY PF.RTAIN, TI�I� �NSU�HCE AFFOROER I}YTPI� Ppl.l�l�$ OCSCRIUCO l�ICREM IS SU�.1C-CT TO ALL TI•IG TGRMS, D(CLUSIONS ANO CONDiTIONS OF SUCH POUCIE9, ACCFiECA7E LIMI78 5HOWN MAY NAV� y�EN RtnUCEO HY Palp Gi.A1MS. �7H TYP� OF INSURANCC POLICY NUMf3L•R DATIC MMIDDmV �DAT�MMl�DOI YI�N ^ ��1�1Ts GENERALUASIL177 FACHOCCURRFNCF S �.00OOOO A ]{ COMMLRCIALG�NCRALLIAIIILITY 206�937� Qa��i 02/01/06 f�H�DAMAOt(Anyonetlie) S],00��0 CLAIMS MAOC � OCCUR MED EXP (Any one peraon) E 1 Q 0 Q 0 TSO CG0001 (11/88) P�RSONALdAUVINJUkY S 100000D GFNEW+I.AGGRF.GnrF S 20OOODO CtH'LAOOREOATELIMI7APPLIEBf'Eli: PRODUCT„-COMP/pPAGG 3iOOOOOO �C POLICI' ��- JECT LOC AUTOMOBILEWA8ILITY COMBINED9fNOLELIMf7 g 1,000000 8 3[ ANYAUTD 4�i93852900 02/01/04 03/0�./06 «acc�aen�� lL OWNE� A�TOS 60�ILY INJURY S SCHEDt1LEP aWTOS (Per penon) _ ,,, ,,,,,,,,,,,,,_� � HiFl�p AU'I'O& �041�Y INJURY s }{ NON-OWNED AUi03 IPcr occldr,nt) f'ROt'ERTY DAMACE b �Per aCClaentE GARAGG L1ADlLITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTMEF� TFfAN � ACC S AUTO ONLY: AGG � rxcessunaiurr �aCHOCCURHeNCE S 1000D00 G X OCCUR � CIAIM$MADE I�Q,D359035 03��5�QQ 02%��5 AGGR[GATE $],Q�QQQQ a o�nucrieiE a RL-7ENTION 5 � s WORKERS COMP�NSAitpN AND � TpRY LIMITS ER EMPLOYL�RS' LIADILtTY ' --°—�°-�^-� j�7�� PRdV�15�"yi [.L. C-ACI�I ACCIDCNT S C.L. DIS[A ;C - CA EMPLOYEE S •� F..l. DISFAS[ - POLICY LIMIT S � OTMER D�SGRlPTIQN 4F OPERA710N31LOCATIONSNEHICLE3IEXCLUS10N9 ADDED BY EliDORSEMENTfSPECIAL PROVISIONS Froject: 06g5-017. Clearwa�er P7�isance & Exotiic Vegetat�on Contzo�. & D��.atenanGQ. CER7IFICA'C� WOLQER N ADORIQNAL INSURLD; INSURER LETTER� CANCEl.L.ATION CC�.E�A- �. SHpULD ANY OF TH� ADOVL+ �SSCRIDCD POLlCIES DE CANCELLED BEFORE THE E7CPIRATION Cltj/ of Clearwater DATETH�REOF,TW�'ISSUINGINSIlR��tU11��,�,[N��AVpRTOMAIL 30 flAYSWRITTEN At tA : Dina ICAtSO11g�aJ�].8 NOTIGE TO THE GERTIFICATE HOIDER NAMED TO THE LEFI', BUT FAILUR� TO p0 SO SWAI.L C1 C}r I�dl1 Sl�g, 3 rd FZ IMPOSE NO OBLICATION OR LIA8ILITY OF ANY KIND UPON T}iE IN9UR�Ii, IT9 AOENi$ OR 112 S dBCeO�.A Ave t."�.�AxWdt9� �� 33756 REPRESEN7ATIVE3. Al1THORIZEO REPRESENTATIVE Robort A. Duncan .�- ACORD 25S (7/97) �ACORb C012PORA710N 1868 zeei �ea 'd l lbZ 18Z� l8(Xb'�) s.�o.�nsuI �eaa � �:g �(3�l)�BBZ- L L-NHf IMPORTANT If the certificate holder is an ADDIiIONAL INSUREI�, the papcy(les) must be endorsed. A s�atement on this certificate does not conEer ri9hts to the certificate holder in lieu of such endorsement(s}. If SItBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may faqufrp an pndprS4mpnt_ A statRmvnt on thlS carilflcato doqS not cqniar rfghts to thQ ccrtiflcata hpldar in Iiou oi su4h endorsompnt(s). DISCLAIMER 7he Certificate af Insurance on the reverse side oE this forrn dues not constitute a contract between lhe issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it aftirmatively or negatively amend, extend or alter the coverage afinrded by the policies listed therean. A[iUKU Z9-5 (1/8!) Z00/Z00 'd L lbZ 18Z� l8(XH�) s.�o.�nsuI lpa� � l:9l (�fll)90az- l l-NHf Jan�ll. 200� 2�67PM 8RA MI?IGATION 8136216929 No,4146 P. ? � - �� wc oF couirr �►...aas ca�rv �.aR� INSTN 20060� 01JOOIZOp/ �t 11:=0 AM OFF REC AI(: UNd PO: 217t,27�0 oaTva•:ea� �coRO�x�: u�.00 BOND 1�i0.; 21B SC�2760 Executed Jn 2 Counterparts This bond complies with tho Tenoriam Rigk It�aurence Act of 2002 (TItIp) PUBLIC CONSTRUCTIpN BOND BY Tf-�IS �OND, VVe, �lologlc��„�i,e�earch Affiaociatg�g, L L C. 391 b T�T� Hi�hwav 301 N Suite 180, Tampa, FL 33619� 1813 664-4500, as Princxpal and Hartford Fire Insurance Comnanv, Hartford Plaza. Hartford. C�' 06115 {860) 547-4707, a corporataon, ae Surety, are bound to Ci o Clearwater, Florida. 100 South My�l �.venue Clearwater FL33756-5520 f7271 562-4750, herein callad Owner, in tha suzn of 93 94 . 0, for paymerit of which wa bind ourselves, our heirs, personal rcpresentatives, auccessors, and aseigns, jointly and severally, � 'I'HE CONDITION OF THIS BOND is that if Principal: Pedorma the contract datad 03/2004 between Princxpal and Owner for construction of Purchase Order #ST100487 Clearwater N'eanco & Exotic Va et�,a,tion Control a�d Mainten ce on City Lakee. Ponds. Channels and Immediate_Adjacant Traneitional Areas located at y�cioue Citv lakes.,_gonds, channels the contract being made a part of this bond by roference, at the tiznes and in the mannar prescribed in the contract; and 2, Promptly makes payments to all clsimants, as deimed in Section 255:05(1), Florida Stah,tes, supplying Princip�l with labor, materials, or aupplies, used diractly or indirectly by Principal in the prosecution of the work providad for in the contract; and 3. Pays Owner all loaees, damagea, axpensee; coeta, and attomeye' fees, includi�ng appellate proceedinga, that Ownar sustains bocause of a default by Principal under the contract; snd 4. Perfornle the guaYantee of a,ll work and matariala fiunished under the contract for the time specificd in the contract, than thie bond is void; othenvise it remeins in full force. Any changes in ar under the contract documenta snd compliance or nonconnpliance with any formalities con.nected with the eontract or the changee does not affect Surety'a obligation under this bond, DA',�'BD Decgy�ber 1Qth, 2004. Biologleal Reeearch Associstes, L.L� �principal) ------r. -- �� ye .. BY: artf •d r �; ance Co �p � �� ' � '"<., � - � ;�.�rety) ` � , ..,, .; sY: '� , ' , L9vely � , .' •: Attorney In Fact & Florida � .; L'zconsod it,esident Agent � InquiriBB, (407) 834-0022 ' j „ ��: ' �;,,.,.,,�' ,' , ,; ..';:. ,;;' JdD.'l. 'ijQ� ':'i?C�� RFH NI�T�aNT�'JN 5 ;"'ln'a='� I�O,L�aS � - �I Msured's Name B/o/a�rlcs/ Research Aasoclatrs, L.L..C. Insured's Mailing Addr�ss ' 3910 U3 H/ghway 301 N, Su/fe 180 iampa, FL 3361g PoUcy Number I a�ecscz7�ea � IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS- TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the 7errorlsm Risk Insurance Act af 2002, effective November 28, 2002, we must make terrorism coVerage available In your bond/policy. However, the actual coverage provided by your bond/polfcy for acts of terrorism, as Is true for ail coverages, is Ilmited by the terms, conditions, excluslons, limits, vther provisions or your bond/pollcy, any endorsements to the bond/pollcy and generaliy applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United Stetes of America under a formula established by Federal Law, Under this formula, the United States wfll pay 90% of covered terrorism losaes exceeding a statutorily-established deductlble pald by suretiesrnsurers untll such time ss insured losses underthe program reach $1p0 billion. If that occurs, Congress will determine the procedures for, and the saurce of, any payments for losses in excess of $100 billion, The premium charge that has besn established for terrnrism coverage under th(s band/policy is either shown on this form or elsewhere in the bond/policy, If there is no premlum shown for terrorism on this form or elsewhere In the bondlpollcy, there is no premium for the coverage. Terrorlsm pre` mium gp � Form B-3333-0 m 2002, The Hartford Pape 1 of 1 �a^,�. _.�� _:�'3FV 3FF '�:"I�NTI�"J . �:�i�l�°'��3 POWER OF ATTORN�Y '�;�.414� F� � D/roct Inqulrlea/Cla/ms fo: TWE HARTFORD BONG, T+{ 890 ASYLUM AVENUE HARTFOitD, CONNECTICUT 08116 cal/; E88-288•3488 or (ax� 880•7S7•5835 KNOW qLl, PERSON8 BY THESE PRESENTB THAT: �nc Coda: 21-2Z4�27 XQ HerHord Flre Insurenae Company, e co�parstion duly orgeniaed under the Isws of the Stste of Cnnneotieut XQ HYrtfo�d Cqualty IntufYlnCe Company, � oorpondon duly or4aoized under tha Iswe o[ thc State of lndi¢na XQ Hartford AeCldent end Indemnity Comp�ny, a corporeNon duly organixad under the lewe of the 9ute of Connaticut Q He�^tford Underwrllan Irour�nce Compeny, a oorporation duly orgenized und¢r the lowa of tho 3tate of Connecticut Q Twln Clty Flro Inwrane� Company, a coryoration duly orgsnized undd' the lawa of the State of Ipdiene Q Hartford I�aurnnca Compeny of Illlnola, a corporoUon duly orgafNzed mtdet the I�ws olthe Stete ot lllinaio Q Hartford Insurena Company oY the Mldwwt, a corporlUion duly organized undtr the Isas of tha Strte of 1ndlana Q NArtford Inauronee Company of tha Souffi�oft, a cotporetion duly organized unQer the lawa of the Stete uT Florida havinp thelr home offlce In Hartford, ConneeHcul, (herelnefler collectively re}erted to ee the "Gompanlea") do hereby make, conaNtute end appolnt. up to !he amount of unllmJtad: Jack W Qulqnard, Bryce R, Gulgnard, M. �ary Francls, peul J. Ciambr�ello, April L. Llvely, Jennlfer L. MCCertd, Marple L. Mords, Brett A, Rap/and, Ketle N. Blyd or Lonpwcwd, FL their true and lewful Attorney(a}In•Fact, eech in thelr separale capecily if mors than one le named above, to aign ke name ea eurety(las) only ae dellneated ebova by �, and to execute, seal and acknowledqe eny and ali bonde, undertakinps, contrscts and other written inatrumante In tha �ature thereof, on behalf of the CompanieB In thelr buslness o( guafaMeeing tha fldeifty of pereone, guaranteeing the peHOrmance of contrac�e and oxxuting Or yuaranteelnp honda end undertakinga requ�red or pertnitted In any aCUone or proCe6dihps ailowed by law, In Wltnau Whersof, end se authorized by e ReaoluUon of tha Board of plradora of the Companlee on July 21, 2003 the Companles have ceused these presenta to be sipned by Ite Agsistent Vice Prealdent and Its corporete eaals to be hereto efflxed, duiy etteated by its Aaalatent 6ecretary, Further, pursuant to Reeolupon of the Boerd of Directors of tha Companies, the Companles haroby unambipuously efflrm that they are and wlll be bound 6y eny mechanically epplled elgnatures epplled to thls power of Attomey, �, rt, f,....,, w, �,�ii �h s��r g,r..�y s ,�,.,�,,, e tipM S�'wuM�� NNNA� q f�1O , tY7� R "\.,W..�., -+� � ]►1� 'r + • ' �N r � �H .��„0 0� . n��,ti-[-� Paul R. Berpenhdtz, Aesistant 3ecretary 57ATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORp (� a,�.�,� � Gth�- Oavld T. Akere, Asslstant Vico Presldent On thle 23rd dgy o( July, 2003, before me peroonelly CBme Devid T, qkers, to me known, who bei�p by me duly swom, dld depose end aey: that he reeldes In the County of Hempden, Commonwealth of MeseaChusetta; that he Is the Aesistant Vlce Pr981dent of NB Companles, fhe C01'poretlane desCribad In and which exeCUted the e6ove Inatrument; that he knows the eeaie of t�e eeld coiporatlone; thet the aeais amxeti to ths said InsUvment are euch corporete aeals; that they wero so af�xed by authorky of lhe Boards of Directora of aald corporatione and that he alpned hls neme thereto by Ilke authorlty, ,��-�/� �"�° • s�on s, Aue�c� .,. Nohry publla � C9iTFICA?E My Commieiion;2qflree Oclobm �7, 2007 I, the unde�alaned, Aaaletent Vlce Presidant of the Companlee. DO HEREBY CERTIFY thet the ebo'Ve b1ld�fqrepolnp la a true end correct copy of the Powe� of ABomey axecuted by aeld Companiee, which le eull In ful) force effeCtiva ae of December^I0; �2004.,' , Slgned and aealBd at !he Clty of HerNord. � �r.« t,;rnr„\ I��r q ,,�y� A I i��4 '%� ^" ° +.. Ar ��a�, me� �MUNM � ti71� �� 1�Ti 1��. lA1� .. ♦ � � A 4� .,.. . , .. ` . . . ' .� • .. _. ._._._ �� 1 ` � ...., w. dary W, SWmprr, Aaelefanl Vlcr Prealdent POA z00�