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2009 SIDEWALK PROJECT - 09-0039-ENEN(,�T[V1i8RING DEPARTMENT Kilgore Construction, LLC Attn: Mr. Harold Kalgore 11697 Waisingham Rd. Largo, Flarida 33778 CITY QF CLEARWATER �o�r Or�c.E Box 4748, CI}ARWA7'L•R, �I.ORID,1 3375�-4745 Munnc�ni. S�� &mnwc;,100 Sovn�► MranEAvuvi,�, S�m� 22p, C�.4xvvprnt, Fu�Rmn 3375� T�HONE (72� SG2-4750 F,�; (727) 56z-�755 Re: 2009'Sidewa�k Contract (09-b039-EN) Dear Mr. Kiigore: A �� +��D ocT � � za�a O��ICIA� ��RDS A�`j� ��s►ATN� s�ves o��r m October 7, 2010 u The work o� the above referenced project is completed and acceptable as of Au�ust 20, 20].0�. However, if at some later date any defects appeaz du� to construction, you will be expected to accept the responsibility according to the Guazantee of the General Conditians which reads: "The Contractor shall remedy any defects in the work at his own expense and pay %r any damage to other wor)c resulting therefrom vvhich appear within a period of one year from the date of final acceptance". Very truly yours, � � Perry M. L ez Constructi Manager City of Clearwater /ae cc: Michael D. Quillen, PE, City Engineer Steve Doheriy, Utilities Engineering Specialist I Roger Larkin, Construction Inspectar II Susan Chase, Documents Record Specialist Project File Warranty File �' : L�� E'QLUL EMPLO�'MF.N7 ANI)AFFlRMAT7VICA(TION I�M1iPLUI'GR�� 20U9 SIDEWALK PROJECT 49-OU39-EN C�NTRACT DOCUMENTS & SPECIFICATIONS Prepared for ISSUED FOR BID OCTQ B E R/ 2009 Prepared in the Office of the City Engineer � CERTIFICATE OF L�►BILITY iNSURANCE 12/23l2009 PrOdUCYI': Lion Insurance Company ThK �� as ��«r of lnformatlon only and eonfers no Aghes upon the Certifieats hblder. Th� Certlfica�e does not ame^d ex�1d or alter 2739 U. S. Highway 19 N !he cov�er+9� aHord� �Y � P��ides belvw. HOIIdBy, FL 34691 Insurers AfFordinq Coverage NAIC � �neu.nr A� Lion Insurance Compe^Y 11075 Yrysured: South East Personnel Leasing, If1C. Insurer 2739 U.S. Highway 19 N. „�� HolidBy, FL 34691 �nsurer p CIB801nglHEnCe e are eenis�e ro ��sure n wea P�YDen � c ed n�ot�+ristm�oinpe�,rr��.�,��,•-"-..-.._._..,--.--. thi5 ceNhcate m0�/ be i55ued or mey periein. the insuence eftortled by me pdiaes de5cnbeC nerein is suqet[to �I the term5, axcwsions, and conAmms ot suCh pohnes. Apgreg�le umits snovrn ma1' � bQen reduc paid daims e..x.., e�► .��,.. Politv Emire�nn Dsle LIf11itS iNSR a�o� 7ype pf Insurance Poicy Nunber LTR MSRO ENERAL LIA&LITY Commercial General LiabiGty Claims Made � Occur neral aggregate limit applies per: Pol�cy ❑ Pro�ec� ❑ I.00 UTOMOBILE LIABILIYY Arry Auto AI) OV.TIBtl A1R05 Schvtluled Autos Hued ANvS Nor�Owned Autos EXCESSlUMBRELLA LIA&LITY OCr.ur ❑ Ge�mSMade D9dI1COd16 A Wotlters CamPel�atfDn and WC 71948 Emp1oY�� ll8bll�y �Y proP^��'�^erlexaeulive officerlmember eoceluded7 If Yes, describa under sPe�iel Provisioms belaw. (M��p/rO (MMlVViTiI Fecn OccurtenCe Deme9e lo rented prami;es (EA occuriancel Med E'+p Personal Adv Injury � Gene�al Aggregete Prnducts • ComWOp Agg CoYnbinBd Slrqle Limit ��A Acodentj Bodiy In�ury (Per Person) 8odiy In7ury �Pyr Accidem) PrOpeM GBmBge (Pnr Accidenl) EaGn Occunence pggregete olroinoio o�rolnoil x wcsr�- oT►+ � Lirrts �R E.L ECchACeide�R St.00P.000 E.L. Disease- Ea Emp�oYee S�.oao.00a E.L. Diseasa- Poliey Lirrits S�.000.000 �K � I�� k A.M. Bast Com retod A- (Excollant). AMB # i; pascrtptlons of Oper�lonslLocallonsNaMcleslExcluslons added by �Se��P eelal Provlslons: uknc Io: os�s�a29 �pyerapQ ordy applies ta active employee(s) of South East Personnel Leasing, Inc. that are leased to the following "Client Company": Kilqore Constructio�� LLC Coverage or�Y apP�ies to injiries incu�red by South East Persomel Leasing, Inc. active employee(s) , whi�e working in Flarida. �ov�rage does hot apply to statutory ar�p�oyee(s) or independent canb'actar(s) of the Client Compa�nY�Z7a 3y2138 or by cr�ling (727) 938-5562. A list of the a[tive employee(s) leased to dx Client CompanY can be obtained by faxing a reques ( ) Project Name: 2009 SIDEWALK PROJECT NO. 04-0039-EN, 1700 N. BELCHER ROAD, CLE+4RWATER, FL FAX. 727-581-572411SSUE 12-23-09 (TD) v.o. eox a�ae CLEARWATER, FL 93758 Shoutl 01ry of t11B e6ov0 descnbnd pal�[�es bG Ca1[91ld bBIIXe tl1B B7�rBtlan dBtOlhefeCl. the itSlAng inSUler Mlll pndBevOf IO m0il 30 40yS r✓iRBn nDli[e tO th0 CBb1�C8[B hdAB/ nali�9d b thB IBII, buc feilurB t0 CO sv sh011 impOSe no ob19a0on Ot Mabhty ol aM w�tl �Pon V�B insurei, rts a9ern5 oi repre5emauv95. � ��c 2� os oa:� r } p,2 ,�.., .... �N�� CERTIFICATE OF 1NSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICA7E HOLDER NAMED BELOW WN1 NOT BE CANCELED DR OTHERIMSE TERMINATED WITNOUT GMNG 10 DAYS PRIOR WFLI'IT�N NOTICE TD THE CERTI��ATE HOLDER, BUT IN NO EVENT SHAtL THIS CERIIFICAT� BE VALID MOR� TMAN 30 DAYS FR�M THE DA7E WRITTEN. 7MS CERTIFICATE dF INSURAI� DDES NQ7 CHANGE THE GOYERAG� PROYIDED BY ANY POLICI( DESCRIBED BE40W. This certifies that: � STATF FARM MUTUAL AUT�IAOBILE INSURANCE C4MPAIVY of 8looming�cn, Illfnois a STATE �ARM F'IRE AND CASUALTY COMPANY of Bloom+ngtvn, Illinois ❑ STATE FARM C�UNTY MUTUAL INSURANCE COAAPANY OF TEXAS af aaNas, Texas ❑ SiAtE FARM INDEAANITY C�MPANY of Bloamingbon. illinois, or ❑ STATE FARM GUARANTY iNSURANCE COMPANY of Bbom+ngton, liNnois has aoverage in t�rce for the fdlowi Named Insured as shcwn beiow_ , NAMED iN$UREU: PURVIS COYtB CORPORATION _I ADQF�E$SOFMAII�DINSURED: 11697 VlAZ.STNGHAM RD, LARGC. FLORIDA 33778-2413 P�LICY NUMBER 759 8602 Al2 55 735 9513 A07 59 735 9295 A07 59 735 8627 A07 59 EFFECiIV� DA7E nF PAIICY 01/12/2010 O1/D�/2010 DX/o7/2G1G �1/07/2010 DESCRIP110NOF 2po5 FORD nU!!p VEHICl.E (Irwludi� VIN) 3�pF75R06V399'67 uaBtU7Y covE�GE � YE5 ❑ No uMiTs oF uAB��rr a. Bu�i1y Ir�jury ],OoopOo EaCh AcCideM � y OOU00�7 b- PropeHy Qamege � Each A�Cidenl �OOOpo� c. Bo�ly Injury & Property Dam�ge Si�gle Limd Each Acadent PHYSICAL �AMAGE CDNERAGES � Y�S a. COm rehensive $ 50 � YES b. Collision $ 250 EMPLOYERS NON�OWNED r� i.wsiurr c�w�aF 0 YES FNR� CAR LU1&U'IY � YES c:ov�rinc�E FLEEi - CD1lERAGE FdR nuaw�oan�uc�s�n � y�s �nnmQ vFH�ri KS iCII.GORE CONSTRL:CTIaN LLC I1898 [�TiIRRAY AVENUE LARG4, FLORID� 33779-2901 ❑ 1V0 Dedurt�bMs ❑ NO beddur,Ghla � NO � NO r� • 1997 FORA F250 3FTHF25H3Vt�A01417 � Y�S ❑ NO ].00000 3000CQ iaoaao 2004 FORD F1�0 1F=F4114519KC40869 � YES ❑ N� 1000000 1000004 �000000 � YES ❑ NO � YE5 ❑ NO $ 50 D�Ctudible � 50 Dedudibfe � YES ❑ NO � YES ❑ NO $ 250 peducpble $ 250 Dedudible p YEs � No �❑ Y�s � No ❑ YES � NO ❑ YE5 � NO I �1 YES � NO I❑ YE5 � NO AGENT 39 605 Title ' AgenCs c:aae N� and Address of vAN wTLDER INSUe�ANCE AGEKCx, 2189 MARINER BLvp_ SPRING HILL, FLaRIDA 396D9 INTERNAL STA7E FARM USE ONLY: (] Request pe�manent CeAfficsle of lnsuranae far YehiHty coveraye. i z2a29.9 Rev, W-Z6-2005 ❑ Request CertiflC�te HOlder to be added as an Add'dional InSureO. 2006 FORD ELAT9EA 1F'DXw46R58F.A04694 � YES ❑ ND 100G0�0 1000D00 �cn�000 � Y�S ❑ NO $ 50 peductible �YES ❑NO $ 2�0 Deducxible ❑ YES � NO ❑ YES � NO � ❑ YES � NO 12/21/2009 SCFIMA�Z INSL�ANCE �a�E el�el 12/23/2009 1a:09 6138551246 r � nAr�t�ro`�"�„ �+caRa � CERTIFICATE aF LIABILITY INSURANGE 2 0 aoouc�R tMl& CERTIFlCAi'8 15 ISBU�b AS A AAAT7�it OF INFORAI�4TICN SChSlmlz Ir��uxance Aqenay NQLDER T SOCERTIFICATE�COBS NO'Y AM�, �XTENd AOR 3899 T�mpa Roetd, Sui�.a B pldsmar, fs"I. 3�677 13- 55- 639 t&i,iRED �ilqora COi1S�rUCtilOri � T�LC . Haro,ld Ki].qar� 11697 Ha].ginqha�► Road Laxgo, F�. 33778 �'7�17..'1 SS-7?Od IMSURERS AFFCRDING CpVERAGB INBURER 4, ��xk �zycar! Zneu�nnao ca. MISURBP 9 insuaen o. NAIC t� iM� pOLICIES OF IMSURANCE lIS7E0 BQI.OW NAVE BfEN ISSUED r0 THE INSURBD NAML'D ABOVE FOR TkE POLICY PgRIOp INDICATEI�. NOTWITH57ANPwG ANY REQUIRF,MENT, T��1 OR CONDI710N 0� ANY GDNTRACT OR �TFI�R pOCUMENT W1TH R�SPECT Tp WM1CN THIS CERTIFICAtE MAr BE ISSUED OR MAY PER7AIN, 7'HE MSURANCE A�FpRDED BY iF1E POIIC�S DESCRIBED MaR�1N 13 SUBJECT Tp A4L TMH TERMS, ExCLUSIONS ANO CONDfT10N3 OR 3UGH POI.ICIES, AC�GRE(iATE LWIfTS $hIOWN AMY MAVE 6EFsN REDUC�D 8Y PAIG CLAIMS. _._� ......r.... �............� PDLICII NUMItl6ii �1�Fr YWf 1 ._ LIMITS cer�RA� �wal�m x COMMERCW. Ff1�R�l LWBI�17v CLAIMSMAqE � OCCUR A �,gP►03931200 O��rl A6GR�(3ATF LInMT AUtOM001LE �.IABIUTY � hNvqUTO ALL OWNffD qUTOS � scr�nu�.6p �uros MriFD AUTOS NON�OwNCP AUTOS pARAGE UASILITY � ANYAUTO �zC�88 r uMaRE4U1 l�neKiN � occuw C+ cu+nnaau+nF pEpucnN�E RGT6DIT�ON � WpR R9 COAIIPE TION AN� EMPLOYER9' LlnfiN.ITr rrN �►n cnWMeroRT�MrvFsue�eunve �` O:1tiC6RAA[M�i1� 9�CLUGEC'7 I �y�pry M 1�IU EFCRH'T�ON OF OPERAilON5 / I_QCATIONS ! V6HICLES / E%ClUS10N8 ADOED Bv F Job 2009 Sidewa],k Pro��ct #D9-Qa39�-FN o�./�.3/os � os/��/xo r 9�EC�n4 EACn oCCURRENc� s ap6MlpE�lEe ecw� � ME� E%P 1 anw n) d o�asonn� a �nv uanx+r s GRNE�an� Ac�ecnT� s rRooucre • co�na�0a ncc s CCMBINiD SINQ�LE I.IMlT IEs xeld�raf qOD�LY �N.IURY (pnr pe►een) BOOILY INJUIiY (�er neCldlHl) PROPERTY DM�RGL (Pb neeioerrl AU1p DNI.Y • EA ACC��EI OTHER TMAN FA A AUTO QNL1^ q EACM occuaa►Er►ce E,L EAC W aMcxno �r on n� neove oeeenrl�e �vuaee EE cNretuFA �lEFa�e r� n�lvinn*�w+ G7.� Og CZElAY'Wgt�r o�Ts r��eea. rw� waw�w n�weFw rw►� mueenw� To M�r. o�ve wnirtsn BO 80x 97 4$ Nar�e¢ ro Tw� ce�rnae�TE �+a�or�e i+�wse ro r�c u�n. �ar c,u�uee ro � so aww. Clo�lC7ldt�F � k'L 33�758-4748 ,�s� � pe��rqN o� unnp.rtr or rw'+ K�wo unor �V! n�unEn. i*a ^D¢nTe on ��neesmrr�r�rte, nUraroai2ED AEPpBsENT (2009l01) �►q998- ACQRDGORPORATKI �+fsrewerved. 7he ACORD nam� and �ego arm regletorad marks of ACORD r City of Clearwater, Florida 2�09 SIDEWALK PRO]ECT 09-0039-EN SECTION I SECTION II TABLE OF C4NTENTS ADVERTISEMENT OF BIDS & NOTICE TO CONTRACTORS INSTRUCTIONS TO BIDDERS SECTION III GENERAL CONDriIONS SECTION IV TECHNTCAL SPECIFICATIONS SECTION V Cover CONTRACT DOCUMENTS Page ❑ ioi�oizooa 1 , , � , � _J 1 ' ' 1 1 ADVERTISEMENT OF S�DS & NOTICE TO CONTRACTORS F�IIIIl.y77 �1�.'/:\ 11-:r-�:ZIl�J-�I�71 IQI�aIIIIC�' -� �;I CLEARWATER, FLORIDA Copies of the Contract Documents and Plans for this Project are available for inspection and/or purchase by prospective bidders at the City of Clearwater's Plan Room - website address: www.mvClearwater.com/cityproiects, ON WEDNESDAY,_ OCTQBER 21z 2Q09, until no later than close of business three (3) days preceding the bid opening. Price of Contract Documents and Plans, as indicated on the website, reflects reproduction cost only. The work far which proposals are invited consists of: includes the placement of new sidewalk in various locations throughout the City as shown an the project maps. Other work involves the removal and replacement of sidewalks and the installation of approved pedestrian warning surfaces. The Contractor will be required to remove and replace existing sidewalks as marked in the field by City Staff and at other detailed locations. All new and replaced sidewalks shall meet the code requirements for ramp slope, running slope, cross-slope, and the use o�'a tactile warning surface to meet all applicable code requirements. A MANDATORY Pre-Bid Conference for all prospective bidders will be held on MONDAY, NOVEMSER 2 2009 10:00 AM at the Munici al Services Buildin 100 S. M le Avenue Conference Room 130, Clearwater, Florida. Representatives of the Owner and Consulting Engineer will be present to discuss this Project. Sealed proposals will be received by the Purchasing Mana�er, at the Purchasing Office, located at the Municipal Services Bldg., 100 So. Myrtle Ave., 3 Floor, Clearwater, Florida 3375b- 5520, until 1:30 P.M. on THURSDAY, NOVEMBER 19, 2009 , and publicly opened and read at that hour and place for 2Q09 SIDEWALK PRO.IECT#: 09-0039-EN. ' A complete bidders package containing plans, specifications, bond forms, contract form, afftdavits _ and proposal form is available to the general public (Contractors, Sub-contractors, suppliers, vendors, etc.) for review and purch�se. However, sealed proposals will only be accepted from those ' Contractors that are currently City pre-yualified Contractors itt the construction category of CONCRETE FLATWORK with a minimum pre-qualif.rcation arnount vf 2S$ 0,000• , ' , 1 �� Contractors wanting to pre-qualify to bid this project must da so two (2) weeks/ten (10) workdays prior to the bid opening date. A] 0% bid bond is required far all City of Clearwater projects. The right is reserved by the City Manager of the City of Clearwater, Florida to reject any or all bids. The City of Clearwater, Florida George McKibben, Purchasing Manager (727) 562-4634 , ' SECTION II I INSTRUCTIONS TO BIDDERS ' Table ot'Coatents .......................................................................................................................... SECTION II . . i 1 COPIES OF BIDDING DOCLTMENTS .......................................................................... 1 , 2 QUALIFICATYON �F BIDDERS ..................................................................................1 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE .................................1 ' 4 INTERPRETATIONS AND ADDENDA ......................................................................• 2 5 SID SECURTTY OR BTD BOND ................................•---•--•--------•---------.......................... 3 ' 6 CONTRACT T�ME .......................................................................................................... 3 7 LIQUIDATED DAMAGES ........................................................................................•---. 3 ' 8 SUBSTITUTE MATERIAL AND EQUIPMENT ......................................................... 3 9 SUBCONTRACTORS ...............................................•---•---•--••--------------•------•-•--•--.............3 ' 10 BID/PROPOSAL FORM ................................................................................................. 4 11 SUSMISSION OF SIDS .................................................................................................. 4 12 MODIFICATI�N AND WITHDRAWAL QF BIDS .................................................... 5 , 13 REJECTION �F BIDS .................................................................................................... 5 14 DISQUALIFICATION OF BIDDER .............................................................................. 5 , l5 OPENYNG OF BIDS .............................................••-----------•-------••------............................... 5 16 LICENSES, PERNIITS, ROYALTY FEES AND TAXES ........................................... 5 17 IDENTICAL TIE BIDS/VENDOR DRUG FREE WORKPLACE ............................. 6 ' W -- - - - --•-------------- --- -- -- --- ----•----•-----......... .................. 7 18 A ARD OF CONTRACT . .. .... ... .... . .. . . . . 19 BID PROTEST .................................................................................................................. 7 ' 20 TRENCH SAFETY ACT .......................................................................... ....................... $ ' 21 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL MANAGEMENT MEASURES ....................................................................................... $ 1 1 1 � SectionlI i Revised: 7/17/2008 ' 1 ' ' 1 ' , 1 1 , 1 1 ' ' 1 1 Section I I— Inswctions to I3idders 1 COPIES OF BIDDING DOCUMENTS I.1 Complete sets of the Sidding Documents are available at the City of Clearwater's Plan Room — website address: www.myclearwater.com/cityprojects. Price of Contract Documents and Plans, as indicated on the City's Website, reflects reproduction costs only, which is non-refundable. A complete bidders package containing plans, specifcations, bond forms, contract form, af�idavits and bid/proposal form is available only to pre-qualified bidders. Contractors, suppliers, or others who are not pre-qualified but who rnay be a possible subcontractor, supplier, or other interested person may purchase a"Subcantractor" 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 nar 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 capies of Bidding Docutnen.ts available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant any other permission to use the documents for any other purpose. 2 QUALIFICATION OF BIDDERS 2.1 Each prospective Bidder must pre-qualify to demonstrate, to the complete satisfaction of the City of Clearwater, that the Sidder has the necessary facilities, equipment, ability, financial resources and experience to perform the work in a satisfactory manner before obtaining drawings, specifications and cantract documents. An application package for pre- yualification may be obtained by contacting the City of Clearwater, Ettgineering Department, Engineering Services Division at P.O. Box 4748, Clearwater, �'lorida 33758- 4748 (mailing address); 100 South Myrtle Avenue, Clearwater, Florida 3375b-SS20 (street address only) or by phone at (727) 562-4750. All qualification data must be campleted and delivered to the Dir�ctor of Engineering at the above address not later than fourteen (14) days prior to the time set for the receipt of bids. Bidders currently pre-qualified by the City do not have to make reapplication. 3 EXAMINATION OF CONTRACT DOCUMENTS AN� SITE 3.1 It is the responsibility of each Bidder, before submitting a Bid, ta (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 ar 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 Sidder'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 Scape of the Work for identificatian 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 Docum�nts, bidder may rely upon the accuracy ofthe technical data contained in such reports but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof far the purposes of bidding or construction. In reference ta 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 ' SectiUnl l ' Page 1 of 9 Revised: 7/17/2008 Section T1— Instructions to Biddeis preparation of the Contract Documents, bidder znay rely upon the accuracy of the technical data cantained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. 3.3 Infarmation and data reflected in the Contract Documents with respect to Under�round Facilities at or contiguous to the site are based upon information and data furnished to the City and En�ineer by owners of such Underground k'acilities or others, and the City does not assume responsibility for the accuracy or cornpleteness thereof unless expressly provided in the Contract Docurnents. 3.4 Provisions concernirag responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities, other physical conditions, possible conditions, atid possible changes in the Contract Documents due to differing conditions appear in the General Conditions. 3.5 Before submitting a Bid, each Bidder shall, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing the work in accordance with the time, price and other terms and conditions of the Contract Documents. 3_6 On request in advance, City will provide each Bidder acc�ss to the site to conduct such explarations and tests at Bidder's own expense as each Bidder deems necessary for submission ot a Sid. Bidder shall fill all holes and clean up and restore the site to its former condition upon completion of such explorations and tests. 3.7 The lands upon which the Wark is to be perfornned, rxghts-of-way and easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Contract Dacuments. All additional 1ands and access thereto required for temporary constt'uction facilities or storage of nnaterials 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.$ The submission of a Bid will constitute an unequivocal representation by the Bidder that the Eidder has complied with every requirement of these Instructions to Bidders and that, without exceptian, the Bid is premised upan performing and furnishing the Work required by the Contract Documents by such rneans, 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 undersCanding af all terms and conditions of performance and furnishing of the work. 4 INTERPRETATIONS AND ADDENDA 4.1 All questions as to the meaning or intent of the Contract Documents are to be directed to the Engineer. Tnterpretations 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 Sidding Documents. Questions received less than ten (10) days prior to the date for opening of Bids may not be answered. Only in%rmation provided by fortnal written Addenda will be binding. Oral and other interpretations of clarificatians will be without legal effect. LJ ' ' 1 , ' � 1 1 �1 1 1 1 ' 1 ' SectionII Page 2 of 9 Itevised: 7/] 7/2008 ' ' �� 4.2 5 Section II — Instructions to Bidde�s 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 Bidder's maximum Bid price and in the form of a certified or cashiers check or a Sid Bond (an form attached) issued by a surety meeting the requirements of the General Conditions. A cash bid bond will nat be accepted. 5.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Payment and Performance bonds, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute, deliver the Agreement and fumish the required Sonds within ten (10) days after the award of contract by the City Council, 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 wit}i 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 s 6.1 7 7.1 � $ The Bid Bond shall be issued in the favor af the City of Clearwater by a surety company qualifed to do business in, and having a registered agent in the State of Florida. • ► : _[�i�l►ril� The number of consecutive calendar days within which the work is to be completed is set forth in the Technical Specifications. LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the Cantract 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 specif ed in the Specifications without consideratian of passible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item may be furnished or used, application for its acceptance will not be considered by the Engineer until after the effective date of the Contract Agreement. The procedure for submittal af any such application is described in the General Conditions and as supplemented in the Technical Specifications. ' 9 SUBCONTRACTQRS 1 ' 1 ' 9.1 If requested by the City or �ngineer, 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 Subcontractar, supplier, person and organization to be used by the Contractor in the completion of the Work. The amount of subcontract work shall nat exceed fifly percent (SO%) of the Work except as may be specifically approved by the Engineer. If the Engineer, after due investigation, has reasonable objection to any proposed ScctionIl Pagc 3 of 9 Revised: 7/l7/2008 9.2 Section II — Instructions to Bidders Subcontractor, supplier, other person or organization, he may, before recommending award of the Contract to the City Council, request the Successful Bidder to submit an acceptable substitute without an increase in Contract Price or Contract Time. If the Succ�ssful Bidder declines ta 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 reyuested substitutions will not canstitute 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 whoria the Engineer does not make written objection prior to the recornmendation of award to the City Council will be deemed acceptable to the City subject to revocation of such acceptance after the Effective Date of the Contract Agreement as provided in the General Conditions. 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 Porms must be completed. The Bidder must state in the Bid/Proposal Form in words and numera.ls without deHneation's, alterations or erasures, th� price for which he will perform the work as required by the Contract Docurnents. Bidders are required to bid on all iteins in the Bid/Proposal form. The lump sum for each section or item shall be for furnishing all equipment, materials, and labor far campleting the section or item as per the plans and contract specifications. Should it be faund that quantities or arnounts shown on the plans or in the proposal, for any part of the work, are exceeded or should they be faund to be less after the actual consCruction of the work, the amount bid for each sectiora or item will be increased or decreased in diract proportion to the unit prices bid for the listed individual items. 10.2 Sids 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 carporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the Signature. If reyuested, the person signing a Bid for a cc7rporation or partnership shall produce evidence satisfactory to the City of the person's authority to bind the corporation or partnership. 10.3 Bids by partnerships shall be executed in the partnership narne and signed by a general partner, whose title shall appear under the sigraature and the official address of the partnership shall be shown below the signature. 10.4 11 Al] names shall be typed or printed below the signature. SUBMISSION OF BIDS 11.1 Sealed Bids shall be submitted at or before the time and at the place indicated in the Advertisement for Bids and shall be submitted in a 8.5"xll" manila envelope with the project name and number on the bottorn left hand corner. If forwarded by mail, the Bid sha11 be enclosed in another envelape with the notation "Sid 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 speci�ed. Telegraphic or facsimile bids received by the Purchasing Manager will not be accepted. SectioniT Page 4 of 9 ' ' 1 ' , 1 ' 1 C� 1 ' � 1 ' 1 ' ' Revised:7/17/2008 ' 1 1 ' 1 ' 1 1 1 1 1 1 �� l L. J ' ' ' i Section II — Instructions to Bidders 12 MODIFICATION AND WITHDRAWAL OF BIDS 12.1 Bids may be modified or withdrawn by an appropriate document duly ex�cuted (in the manner that a Bid must be executed) and delivered as described in the Advertisement of Bids. A request for withdrawal or a tttodification 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 typagraphical or scrivener's errors only. The bidder must state in writing to the City that a typographical or scrivener's error has been made by the bidder, the nature of the error, the requested correction of the error, and what the adjusted bid amount will be if the correction is accepted by the City. The City reserves the right at its sole discretion to accept, reject, or modify any bid. 13 REJECTION �F BIDS 13.1 To the ext�nt permitted by applicable State and Federal laws and regulations, the City reserves the right to reject any and all Bids, and to waive any and all informalities. Graunds for the rejection af 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 ta reject any Bid if the City believes that it would not be in the best interest af the public to make an award to that Bidder, wheth�r because the Bid is not respansive or the Bidder is unqualifred or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the City. The City reserves the ri�ht to decide which bid is deemed to be the lowest and best in the interest of the public. 14 DISQUALIFICATIQN OF BIDDER 14.1 Any or all bids will be rejected if there is any reason for believin� that collusion exists among the bidders, the participants in such collusion will not be considered in future proposals for the same wark. Each bidder shall execute the Non-Collusion Affidavit contained in the Contract Documents. 15 OPENING OF BIDS 1s.t 16 Bids will be opened and read publicly at the lacation 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 "�'he Contractor shall secure all licenses and permits (and shall pay all permit fees) except as specifically stated otherwise in the Technical Specifications. The Contractor shall comply with all Federal and State Laws, County and Municipal Ordinances and regulations, which in any manner effect the prosecution of the work. City of Clearwater building permit fe�s and impact fees will be waived except as specifically stated otherwise in the Technical Specifications. ] 6.2 The Contractor shall assume all liability for the payment of �royalCy fees due ta the use of any ' constructian or operation process, which is protected by patent rights except as specifically Sectionll Page 5 of 9 Revised: 7/17/2008 1 5ection lI -- Instructions to Bidders stated otherwise in the Technical Specifications. The amount of royalty fee, if any, shall be stated by the Contractor. 16.3 The Contractar 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 taac exettaptions and complying with all reyuirements. 16.4 The City of Clearwater is exempt from state sales tax on materials incorporated into the WORK. The City of Clearwater reserves the right to implement the Owner Direct Purchase (�DP) Option, if indicated in the Scope of Work Description in Section XV �- Technical Specifications and as defined in Section I�T — General Conditions. 17 IDENTICAL TIE BIDSNENDOR DRUG FREE WORKPLACE 17.1 In accordance with the requirements of Section 287.087 Florida Statutes regarding a Vendor Drug Free Workplace, in the event of identical tie bids, preference shall be given to bidders with drug-free warkplace programs. Whenever two or mor� bids which are equal with respect to price, yuality, and service are received by the City for the procurement of cornmodities 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 prograr�a. in order to have a drug-free workplace program, a contractor shall supply the City with a certi�cate containing the following six statements and the accampanying certification statement: SectionIl (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use af 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, rehabilitaCion, and employee assistance programs, and the penalties that may be imposed upoan employees for drug abuse violations. (3) Giva 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 staternent and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893, or oi any contralled 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. (S) Impose a sanction on, ar require the satisfactory participation in a drug abuse assistance or rehabilitatiora program if such is available in the emplayee'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 ofthis section. I certify that this firm does/does not (select only one) fully camply with the above requirements. Page 6 of 9 1 � 1 1 ' � 1 ' 1 ' , 1 ' ' , C� i Revised:7/17/2008 ' 1 � � � 1 , 1 C� ' Section II -- Instructions to Bidders 18 AWARD OF CONTRACT 18.1 Discrepancies between wards 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 colurnn 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 af 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 cansider the qualifications and experience of Subcontractors, suppliers and other persons and arganizations proposed by the Contractor for the Work. The City may canduct such investigations as the City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial alaility �f Bidders, proposed Suhcontractors, Supplier� and other persons, and organizations to perform and furnish the Work in accordance with the Contract Documents to the City's satisfactian within the prescribed time. 18.3 If the Contract is to be awarded, it will be awarded to the lowest responsible, responsive ' Bidder whose evaluation by the City indicates to the City that the award will be in the best interest of the City. ].$.4 Award of contract will be made for that combination af 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. 1 1 1 1 1 1 ' 1 19 BID PROTEST 19.1 RIGHT TO PROTEST: Any actual bidder who is aggrieved in connection with the solicitation or award of a contract may seek resalution 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 PROT'EST PROCEDURE: ' SectionII � A. A protest with r�spect to the specifications of an invitation for bid or request for proposal shall bc submitted in writing a minimum of five (5) work days prior to the opening of the bid ar due date of the request for proposals, unless the aggrieved person could nat have been reasonably expected to have knowledge of the facts giving rise to such protest prior to the bid opening ar the closing date for proposals. 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 writin� 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 forward�d 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 nated in both A and S above may be granted if the aggrieved person could have not been reasonably expected to have knowledge of the facts giving rise to such pratest prior to the bid opening, posting of Page 7 of 9 Revised: 7/17J2008 Section II — Instructions to Biddets intent to award, or due date for requests for proposals. Request %r exceptions should be made in writing, stating reasons for the exception. D. The Purchasing Manager shall respond to the formal written protest within fve (5) work days of receipt. The Purchasing Manager's response will be fully coordinated with the appropriate Department Director and the Assistant City Mana�er. E. If the protestor is not satisfied with the response from the Purchasing Manager, he/she may then submit in writing within five (5) wark days of receipt of that response his/her reason for dissatisfaction, along with copies of his/her original fo�rnal protest letter and the response from the Purchasing Manager, to the City Manager. F. The City Manager as Purchasing Agent for the City has the final authority in the matter of protests. The City Manager will respand to the prot�stor within ten (10) work days of receipt of the appeal. ] 9.3 PROTEST �'EE: When filing a formal pratest, the protesting vendor must ittclude a fee in the amount of 5% of the selected vendor's total bid to offset the City's additional expenses related to the protest. This fee shall not exceed $2,500 nor be less than $50. If either the Purchasing Manager or the City Manager upholds the protest, the City will refund 100°/a of the fee paid. 19.4 STAY OF PROCUREMENT DURING PROTEST: In the event of a timely protest, the Purchasing Manager shall nat proceed wiCh the solicitation or award of contract until all administrative remedies have been exhausted or until the City Manager makes written determination that the award of cantract without delay is necessary to protect the best interest of the City. 20 TRENCH SAFETY ACT 20.1 The Bidder shall comply wrth the provisions of the City of Clearwater's Ordinance related to trench digging (Ordinance No. 7918-0$) along with tlae �'larida Trench Safety Act (Sections 553,60-SS3.b4, Florida Statutes) and the provisions ofthe �ccupational Safety and Health Administration's (OSHA) excavation safety st�ndards, 29 C.�'.R.s 1926.650 Subpara�raph P, or current revisions of these laws. 21 CONSTRUCTIDN SITE EROSI�N AND SEDIMENT CONTROL MANAGEMENT MEASURES 21.1 The Bidder shall comply with the provisions oithe Environrnental Protection Agency (EPA) National Pollution Discharge Elimination System (NPDES) starmwater permit and implement stormwater pollution prevention plans (SWPPI"s) or stormwater management progratns (both using best management practices (BMPs) that effectively reduce ar prevent the discharge of pollutants into receiving waters. Sectionll A. The contral of construction-related sediment loadings is critical to maintaining water quality. The irnplementation of proper erosion and sediment control practices during the construction stage can significantly reduce sediment loadings to surface waters. 1'age 8 of 9 ' ' 1 ' � ' 1 ' 1 1 ' 1 1 1 1 1 1 Revised:7/17/2008 ' � 1 , $ection II — Instructions to Bidders B. Frior to land disturbance, prepare and implement an approved erosion and ' sediment control plan or similar administrative dacument that contains erosion and sediment control pravisions. NPDES Management Measures available at City of Clearwater En ineering ' Environmental Division and EPA websites to help address construction-related Sest Management Practices. References EPA website , 1 1 ' 1 1 ' 1 1 1 LJ� i 1 1 Sectionl! Page 9 of 9 Revised: 7/17/2005 ' � 1 , 1 sEcrioN iii GENERAL CONDITIONS ' Table of Contents: 1 DEFII�TITIONS ..................................................................................................................1 ' 2 PRELIM�NARY MATTERS ........................................................................................... 5 2.1 DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE ............................ 5 2.2 COPIES OF DOCUMENTS ............................................................................................ 5 ' 2.3 COMMENCEMENT OF CONTRACT TIME/NOTICE TO PROCEED; STARTING THEPROJECT ................................................................................................................ 5 2.4 BEF�RE STARTING CONSTRUCTION ..................................................................... 5 ' 2.5 PRECONSTRUCTION C�NFERENCE ........................................................................ 5 2.6 PROGRESS MEETINGS ................................................................................................ 6 3 CONTRACT DOCUMENTS, INTENT ......................................................................... 6 ' 3.1 1NTENT ........................................................................................................................... 6 3.2 REPORTING AND RESOLVING DISCREPANCTES .................................................. 7 ' 4 AVAILABILITY OF C,ANDS; SUBSURFACE AND PHYSICAL CONDTTIONS; REFERENCEPOINTS .................................................................................................... 7 4.l AVAILABILITY OF LANDS ......................................................................................... 7 ' 4.2 INVESTIGATIONS AND REPORTS ..........................................•--............................... 7 �1.3 1�HYSICAL COND1T10NS, UNDERGROUND FACILITIES ..................................... 8 4.4 REFERENCE POINTS .................................................................................................... 8 ' S BONDS AND INSURANCE ............................................................................................ 8 5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND ............................... 8 ' S.2 1NSURANCE� . ............................................................................................................. 9 .... 5.2.1 WORKER S C�MPENSATI�N.IN.SURANCE ......................................................... X D 5.2.2 PUBLIC LIABILITYAND PROPERTYDAMAGE COVERAGE ............................ 10 5.2.3 COMPREHENSIVE A UTOMOBILE LIABILITY .................................................... 11 ' S.3 WANER OF RIGHTS .................................................................................................. 1 l 6 CONTRACTORS RESPONSIBILITIES ..................................................................... l2 ' 6.1 SUPERVISION AN.D 5UPERINTENDENCE ......................................................:...... 12 6.2 LABOR, MATERIALS AND EQUIPMENT ............................................................... l3 6.3 SUSSTITUTES AND "OR EQUAL" ITEMS .............................................................. 13 ' 6.4 RESPONSiBILITY FOR SUBCONTRACTORS, SUPL'C,IERS AND OTHERS........ 14 6.5 USE OF PREMISES ...................................................................................................... 14 d. S.1 STAGING AREAS .................................................................................................... I S ' 6.5.2 RE.S'TORATION TIME LIMITS ................................................................................ 1 S 6.6 LICENSE AND PATENT FEES, ROYALTIES AND TAXES ................................... 1 S 6.7 LAWS AND REGULATIONS ...................................................................................... l6 ' 6.8 I'ERMITS ....................................................................................................................... 16 6.9 SAFETY AND PROTECTION -•---• ............................................................................... 16 6.10 EMERGENCIES ............................... ............................................................................. ' b.11 DRAWINGS ..................................................................................................................1'1 SectionIIl i 9/9/2008 1 7 8 9 6.11.1 SHOP DRAWZNGS, SAMPLES, RFIs, and SUBMITTAL REVIEW.. 6.11.2 AS-BUILT DRAWINGS' ...................................................................... 6.11. 3 CAD .STANDARDS ............................................................................. 6.11.4 DELIVERAB.LES :.............................................................................. 6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE..... 6.13 CONTINUING THE WORK .................................................................. 6.14 INDEMNIk'ICATION .............................................................................. 1 C� 1 ' OTHERWORK ................................................•......................................................-----.. 23 ' 7.1 RELATED WORK AT S1TE ........................................................................................ 23 7.2 COORDINATION ...................................................�.....................................................24 9.1 9.2 9.3 9.4 9.5 9.6 10 11 � �.r 11.2 11.3 12 13 14 13.1 13.2 13.3 13.4 13.5 13.6 13.7 14.1 14.2 14.3 14.4 1�.5 14.6 14.7 14.8 sz�c�o�rri OWNERS RESPONSIBILITY .........................•............................................ ENGINEER'S STATUS DURING CONSTRUCTION .............................. OWNERS REPRESENTATIVE ................................................................... CLARIFICATIONS AND INTERPRETATIONS ........................................ R�JECTING OF DEFECTNE WORK ........................................................ SHOI' DRAWINGS, CHANGE ORDERS, AND PAYMENTS .................. DECISIONS ON DISPUTES ........................................................................ LJMiTATIONS ON ENGiNEER'S RESPONSiS1LITIES ........................... ...............24 ' ............... 24 � 24 '25 25 25 '25 26 CHANGESIN THE WORK .......................................................................................... 26 CHANGES IN THE CUNTRACT PRICE ................................................................... 27 CHANGES IN THE CONTRACT PRICE .................................................................... 27 A.LLOWANCES AND P1NAL CONTRACT �RICE ADJUSTMENT ....................... 29 UNITPRICE WORK .................................................................................................... 29 CHANGES IN THE CONTRACT TIME -• .................................................................. 29 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ............................................................................................... 30 � TESTS AND 1NSPECTION .......................................................................................... 30 UNCOVERiNG THE WORK ....................................................................................... 31 ENGINEER MAY STOP THE WORK ........................................................................ 31 CORRECTION OR REMOVAL OF DEFECTiVE WORK ........................................ 31 WARRANTY/CORRECTION FERIOD ...................................................................... 32 ACCEPTANCE OF DEFECTIVE WORK ................................................................... 32 OWNER MAY CORRECT DEFECTIVE WORK ....................................................... 32 PAYMENTS TO CQNTRACTOR AND COMPL,ETION ......................................... 33 A.PPLICATION FOR PROGRESS PAYMENT ........................................................... 33 CONTRACTOR'S WARRANTY OF TITLE ............................................................... 34 REVIEW OF A.PPLICATIONS FOR .P.ROGRESS PAYMENTS ................................ 34 PARTIAL UTILIZATION ............................................................................................ 35 F1NAL.iNS.PECTION .......................................�-�--....................................................... 35 FINAL APPLICATION FOR PAYMENT ................................................................... 35 FINAL PAl'MENT AND ACCEPTANC.E ................................................................... 36 WANEROF CLAIMS ................................................................................................. 36 �� 1 ' 1 1 1 1 , ' 1 �ivizoos ' 1 , ' 15 SUSPENSION OF WQRK AND TERMINATI�N .................................................... 37 ' 15.1 OWNER MAY SUSPEND THE WORK ...................................................................... 37 15.2 OWNER MAY TERMINATE ...................................................................................... 37 15.3 CONTRACTOR MAY STOP WORK OR TERMINATE ........................................... 38 ' 16 DISPUTE RESOLUTYUN .............................................................................................. 3S 17 MISCELLANEOUS ....................................................................................................... 39 ' 17.1 SUBMIT"I'AL AND DOCUMENT FORMS ................................................................. 39 17.2 GIVING N�TICE .......................................................................................................... 39 17.3 NOTICE OF CLAIM ..................................................................................................... 39 ' 17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED ..................................... 39 17.5 ASSIGNMENT OF CONTRACT ................................................................................. 39 17.6 RENEWAL OPTION .................................................................................................... 39 ' 18 PROJECT INFORMATION SIGNS ............................................................................ 40 18.1 SCOPE AND PURPOSE ........................................................••-•---................................ 40 ' 18.2 TYPE OF PROJECT SIGN, F1XED OR PORTABLE ................................................. 4� 18.3 FIXED SiGN ................................................................................................................. 40 18.4 PORTABLE SIGNS ...................................................................................................... 40 , 18.5 SIGN COLORING ......................................................................................................... 40 18.b SIGN PLACEMENT . . 4Q 18.7 SIGN MAINTENANCE ................................................................................................ 41 ' 18.8 TYPICAL PROJECT SIGN .......................................................................................... 4] 19 OWNER DIRECT PURCHASE (ODP) OPTION. . 41 19.1 GENERAL .....................................................................................................................41 ' 19.2 PROCEDURE .............:............................................................................................... 41 19.3 RESPONSIBIL1TiES . .. . . . 42 , 20 URDER AND LOCATION OF THE WORK .............................................................. 44 21 AiWARD OF CONTRACT, WORK SCHEDULE AND GUARANTEE .................. 44 22 RESIDENT NOTIFICATION OF START OF CONSTRUCTION .......................... 44 ' 23 MATERIAL USED ...................................................•---•-•-•---.......................................... 45 24 CONFLICT I3ETWEEN PLANS AND SPECIFICATIONS ..................................... 46 1 1 ' 1 1 Sectionlll iii 9/9/2008 1 ' ' �� 1 �� 1 , 1 ' Section Ill — General Conditions 1 DEFINITIONS Addenda Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the contract documents. Agreement The written contract between Owner and Contractor covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Appdication for Payment The form accepted by Engineer which is to be used by Contractor in requesting progr�ss 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 ta 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). ' Bond.s Performance and payment bonds and other instruments of security. 1 ' 1 1 1 1 Change Order � A written order to Contractor signed by Owner and Contractor authorizing ari addition, deletion ar revision in the Work, or an adjustment in the Contract Price or the Contract Time issued on or after the effective date of the Agreement. City The City af Clearwater, Pinellas County, Florida. Construction Inspector A person who is the authorized repres�ntative of the Engineer and inspects City construction projects in order to insure the Contractor's work complies with the intent of the contract documents. Contract Documents The Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid (including documentation accompapying the bid and any post-Bid documentatian submitted prior ta the execution of the Agreement) when attached as an exhibit to the Agreement, the Sonds, 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. SectionlII Page I of 4b 9/9/2008 Section IlI -- General Conditions Contract Price The Contract price constitutes the total compensation (subject to auChorized adjustments) payable by Owner to Contractor for performing the Work. Contract Time The number of days or the date sCated in the Agreement for the completion of the Wark. Contractor The Person with whom the Owner has entered into the Agreement. For the purposes of this contract, the person, firm or corporation with whom this contract or agreement has been made by the City of Clearwater or its duly authorized representative. Critical Path Method Construction Schedude�--CPM A graphic format construction schedule that displays construction activities as they relate to one another for the purpose of identifying the most efficient way to perform the work in a timely manner. The critical path identif.tes which activity is critical to the execution af the schedule. Day A calendar day of twenty-four (24) hours measured from midnight to the next midnight. Defective An adject,ive which when rnodifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not canform to the Contract Docurnents 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 ta Engineers recommendation of final payment. Drawirtgs 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 de�ned. Engineer � The duly appointed representative of the City Manager of the City of Clearwater. For the putposes of this contract, the City Engineer of the City of Clearwater, Pinellas County, Florida, ar his authorized representative. Engineer's Consuliant A Person having a contract with Engineer to furnish services as Engit�eer's independent professianal associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. F.D.Q.T Specifications The Standard Specifications for Road and Bridge Construction as issued by the Florida Department of Transportation (latest English edition). Furnish The words "furnish", "furnish and install", "install", and "provide" or words of similar meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service". Inspectivn The term "inspection" and the act af inspecting means examination of construction to SectionIll Page 2 of 46 9/9/2008 1 1 1 � 1 ' 1 1 1 ' 1 1 � ' 1 1 1 1 1 1 1 ' Section IiI — General Conditions 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 1 Liens, charges, security interests or encumbrances upon real property or personal property. ' Milestone A principal event specified in the contract Documents relating to an intermediate complction date or time prior ta the final completion date. 1 ' Notice to Proceed (NTP) A written notice given by the Owner ta the Contractor fxing the date on which the Contract Time will cammence to run and on which Contractor shall start to perform his obligations under the Contract Documents. Qwncr The City of Clearwater, Pinellas County, Florida. For the purpases of this contract, the ' person who is the City's authorized representative fram the City's Department with whom will be responsible for the maintenance and operation of the Work once the Work is completed. , Per.son 1 1 1 , 1 ' A natural person or a corporation, partnership, firm, organization, or other artificial entity. Project The total construction of which the Work ta be provided under the Contract Dacuments may be the whole or a part as indicated elsewhere in the Contract Documents. � Partial Utilization Use by Ow�aer vf a suUstantially completed part of the Work for thc purposc for which is intended (or a related purpose) prior to Final Completion of all the Work. Representative of Cantractor The Contractor shall assign a responsible person or persons, one of whom shall be at the construction site at all times that work is progressing. The names and positions of these persons shall be submitted to the City Engineer at the time of the pre-construction conference. This person or persons shall nat be changed without written approval of City Engineer. Reguest for Information (RFI) An official written request for clarification of the intent of the contract documents from the contractor to the Engineer. Shop Drawing ' All drawings, diagrams, illustrations, schedules and other data which are speci�cally prepared by or for Contractor ta illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other 1 SectionlTl Page 3 of46 9/9/2008 ' Section 111— General Conditions infarmatian prepared by a supplier and submitted by Contractor to illustrate material or eyuiptxient 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 warkmanship 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 Wark (or a specified part thereo� which has progressed to the point where, in the opinion of Engineer, as evidenced by Engineer's de�nitive certificate of Substantial Completion, it is sufficiently cornplete, in accordance with the Contract documents, so that tk�e Work (or specified part) can be utilized for the purposes for which it is intended; or ifzao such certificate is issued, when the Work is complete and ready for final payrnent as evidenced by the Engineer's recommendation of f nal payment. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereo�: Supplementary Conditions The part of the Contract which amends or supplements Chese General Conditions. Supplier A manufacturer, fabricator, supplier, distributor, material man or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by the Contractor. Surety Any person, frm ar 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 pipeliiies, c�nduils, ducts, cables, wires manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed undergmund to furnish any of the following services or materials: electricity, gases, steatn, liquid petroleurn products, telephone or other communications, cable television, sewage and drainage removal or treatment, traffic or other control systems or water. Unit Prdce Work Work Sectionlli Work to be paid for on the basis of unit prices. The entire coraapleted construction or the various separately identifable 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 Cantract Documents. Page 4 of 46 1 ' 1 , 1 ' C� ' , 1 ' 1 1 ' 1 , ' 9/9/2008 ' , Section ]Il — General Conditions Work Change Directive A written directive to Contractor, issued on or after the Effective Date af the Agreement and signed by the �ngineer, ardering an addition, deletion, or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is ta be performed ar 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 2.1 PRELIMINARY MATTERS DELIVERY OF BONDS AND CERTIFICATES OF INSl1RANCE ' When Contractor delivers the executed Agreements to the Owner, Contractor shall also deliver to the Owner such Bonds and Certificates of Insurance as Contractor may be required to furnish by this contract. ' 1 1 1 ' ' 2.2 COPIES OF DOCUMENTS Engineer shall furnish ta Contractor two (2) copies of Contract Documents far execution. Additional copies will be furnished, upon request, at the cost of repraduction. 2.3 COMMENCEMENT OF CONTRACT TIME/NOTICE TO PROCEED; STARTING THE PROJECT The Contract Time will commence on the day indicated in the Notice to Proceed. Contractor shall start to perform the work on the date the Contract Time commences to run. No �+ork shall be done at the site prior to the date that the Contract Time commences to run. 2.4 BEFORE STARTING CONSTRIJCTION Before undertaking each part of the Work, Contractor shall carefull� study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable f eld measurements. Contractor shall promptly report in writing to �ngineer 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 Nable to the Owner for failure to report any conflict, error or discrepancy in the Drawings ar Specifications, unless Contractor had actual knowledge thereof or should reasonably have known thereof. ' No verbal agreement or conversation with any officer, agent or emplQyee of the Owner or Engineer's Consultant, 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 abtain this insurance will be the sale responsibility of the Contractor. ' �� , 2.5 PRECONSTRUCTION CONFERENCE Within twenty (20) days of Award of Contract and before the start of the Work, the Engineer shall schedule a preconstruction conference to be attended by Contractor, Engineer, Owner and SectionlIl Page 5 of 46 9/9/2008 Section III — General CondiCions others as appropriate ta establish a working understanding among the parties as to the Work and to discuss the schedule of the Work and general Contract procedures. The Contractor shall deliver to the Owner at the Preconstruction Conference a color Critical Path Method (CPM) Construction Schedule. This is to be a sequence of events including submittal review and procurement. Notice to Proceed is usually established at this conference and such date can be inserted into the schedule at that tirne. The Contractor shall also bring a Submittal Schedule for review by the Engineer. This is to make sure Chat the list is complete and this schedule shall be the basis of a Submittal Log. The Cantractor shall deliver to the Owner at the preconstruction conference a completed Emergency Call List azad a cornpleted Authorized Signature List. The Owner or the Engineer's Consultant shall deliver to the Contractor at the preconstruction conference a project disk that has all of the necessary data and survey cantrol paints for the purpose af construction stakeout and as-built survey. The Owne►' or the Engineer's Consultant shall deliver to the Contractor at the preconstruction conference a Contractor evaluation package. This is for the purpase of rating the Contractor's performance for reference when considering future contracts and bid prequalification. 2.6 PROGRESS MEETINGS The Contractor is required to attend Progress Nleetings. These rneetings will be schedule an a weekly, bi-weekly, or monthly basis depending on the needs of the project. The Contractor shall bring to each meeting an updated submittal log, an updated request for information (RFl) log, a look-ahead schedule ta cover the project activity from the current meeting to the next meeting, and all material test reports generated in the same time period. 3 C�NTRACT DOCUMENTS, INTENT 3.1 INTENT The Contract Documents comprise the entire Agreement between Owner and the Contractor concerning the Work. They may be altered only by written agreement. The Contract Documents are cornplementary; what is called for by onc is as binding as if called for by all. It is the intent of the Contract Documents to describe a functianally complete project (or part thereo fl to be canstructed in accordance with the Contract Documents. Any Work, materials or equipment which may reasonably be inferred from the Contract .Documents ar frorn prevailing custom or from trade usage as being required to produce the intended result will be furnished and performed whether or not specifcally 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. Clarifcations 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 ar Regulation of any governrnental authority, whether such reference be speci�c or by implication, shall mean the latest standard speci�cation, 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 SectionIII Page 6 of 46 9/9/2008 1 1 I� ' ' , r ' ' , ' ' ' , ' 1 , , '�� ' Section 11I — General Conditions from those set forth in the Contract Documents. Clarifcations and interpretations of the Contract shall be issued by the Engineer. Each and every provision of law and clause reyuired 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 nat inserted, or if not correctly inserted, then upon the application of either party, the Contract Documents shall forthwith be physically amended to rraake such inser�ion. The variaus Contract Documents shall be given precedence, in case of conflict, error or , discrepancy, as follows: Modifications, Contract Agreement, Addenda, Supplementary Conditions, General Conditions, Drawings, Technical Specifications. In a series of Modifications ar 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 af any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code ar of any instruction of any Supplier, Contractor shall repart 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 ar 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. C! 4.1 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS AVAILABILITY OF LANDS The Owner shall furnish, as indicated in the Contract Documents, the lands upon which the ' Work is to be Aerformed, rights-af-way, easements for access thereto, and such other lands which are designated for the use of contractor, The Owner shall idantify any encumbrances or restrictions not of general applicatian but specifically related to use of lands so furnished with ' which contractor will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the Uwner, unless otherwise provided in the Contract Documents. ' 1 1 1 1 4.2 INVESTIGATIONS AND REPORTS Reference is made ta the Supplementary Conditions and Technical Specifications for identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by Engineer in preparation of the Drawings and Specifications. Such reports are not guaranteed as to accuracy ar completeness and are not part of the Contract Documents. Contractor shall promptly notify the Engineer in writing of any subsurface or latent physical conditions at the site, or in an existing structure, differing materially trom those indicated or referred to in the Contract Documents. Engineer will promptly review those canditions 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 Sectionlll Page 7 of 46 9�9�� Section 11I — General Conditions 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 incorporati,ng the necessary revisions. 4.3 PHYSICAL CONDITI�NS, UNDERGROUND FACILITIES The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to Owner or Engineer by the owners of such Under�round Facilities or by others. Unless otherwise expressly provided in Che Contract Documents, Owner and Engineer shall not be responsible for the accuracy or corzapleteness of any such information or data; and the cost of all the following will be includEd in the Contract 1'rice and contractor shall have full responsibility for: (i) reviewing and chEcking all such infornaatian and data, (ii) locatin� all Underground Facilities shown or indicated in ihe Contract Docurnents, (iii) coordination of the Work with the owners of such Undergraund Facilities during construction, and (iv) the safety and protection of all such Underground Facilities and repairing any damage ther�to resulting from the Work. The Contractor is required to call the LOCAL PUBLxC UTILITY NUTIFICATXON CENTER prior to any axcavation per State regulations and to notify any utility owners who are not a member of the LOCAL PUBLTC UTILITY NOTIFICATIUN CENTER prior to any excavation. The LOCAL PUBLiC UTILITY NOTIFICATION CENTER is an agency for the protection and location of utilities prior to any excavation and contact number is available in local telephone directory. 4.4 REFERENCE POINTS Engineer shall provide engineering surveys to establish reference points for construction, which in Engineer's judgm�ent are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written appraval of the Owner or Engineer. Contractor shall r�port to Engineer whenever any reference point is lost or destroyed or requires relocation because o�necessary changes in �rades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by a surveyor liccnsed in the State of Florida. The Contractor is referred to the Technical �peci�3cations tor rnore speci .fic infarmation regarding the provision of construction surveys. If a Owner survey crew is assigned to the project and there is excessive stake replacement caused by negligence of Contractar's forces, after initial line and grade have been set, the Contractor will be charged at the rate of $100.00 per hour. Time shall be computed for actual time on the project. All time shall be computed in one-hour increments with a minimum charge of one hour. 5 5.1 BQNDS AND INSURANCE PERFORMANCE AND PAYMENT BOND/CONTRACT BOND Contractor shall furnish a P�rformance and Payment Bond in an arnount at least eyual to the Contract Price as security �or the faithful performance and payment of all Contractor's obligations under the Contract Documents. This bond shall remain in effect at least one year after the date when final payment becomes due, unless a longer period of time is prescribed by laws and regulations or by the Contract Documents. Contractor shall also furnish such other Bonds as are required by the Supplementary Canditions. All Bonds shall be in the form prescribed by the SectionIII Page $ of 46 9/9/2008 Ll 1 ' , ' LJ CJ L.J , 1 1 1 ' ' ' ' , 1 ' 1 1 1 , 1 1 1 1 1 � 1 ' � ' ' ' ' Section III — General Conditions Contract Documents and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates af Authority as Acceptable Sureties an Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (arnended) by the Audit Staff, Sureau of Government Financial �perations, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a c�rtified 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 o,f Florida. Owner reserves the right to reject any surety. If the Surety an 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 lacated or it ceases to meet the requirements of these Contract Dacuments, the Contractor shall within five days after notice thereof substitute another Bond and surety, both of which must be acceptable to Owner. 5.2 INSURANCE Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Wark being performed and furnished and as will provide pratection from claims set forth below which may arise out of or result from Contractor's performance and furnishing of the Work and Contractor's other obligations under the Cantract Documents, whethEr it is to be performed or furnished by Contractor, and Subcontractor or Supplier, or by anyone directly or indirectly emplayed by any of them to perform or furnish any of the Work, or by anyone for whose acts any af them may be liable far the following: (i) Claims under worker's compensation, disability benefits and other similar employee beneft acts; (ii) Claims for damagus because of bodily injury, occupational sickness or disease, or death of Contractor's emplayees; (iii) Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; (iv) Claims for damages insured by customary personal injury liability coverage which are sustained by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or by any other person for any other reason; (v) Claims for damages, ather 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 badily injury or death of any person or property datnage arising out of the ownership, maintenance or use of any motor vehicle. The Contractor shall deliver to the Owner, with copies ta each additional insured identified in the Supplementary Conditions, ccrtificates of insurance (and other evidence of insurance requested by the Owner or any other additional insured) which Contractor is required to purchase and maintain in accordance with this para�raph. 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 professianal liability) Owner 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 irademnity 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 ather additional insured identified in the Supplemental Conditions to whom a certificate of insurance has been issued (and the certifcates of insurance furnished by the Contractor as described in this paragraph); (v) remain in effect at least until Fnal 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 Sectionlll Pagc 9 of 46 9/9/2008 Section 111— General Conditions 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 the Owner and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to the Owner and any such additional insured, of continuation of such insurance at final payment and one year thereafter and (vii) Name and telephone number afthe authorized insurance agent for the insurer. The limits of liability for the insurance required shall provide coverage for not less than the following amounts or greater where required by laws and regulations: 5.2.1 WORKER'S COMPENSATION INSURANCE Contract Award Amount Contract Award Amount Under $1,000,000. $1,000,000. and Over (1) Worlcers' Compensation Statutory Statutory (2) Employer's Liability $500,000. $1,000,0�0. 5.2.2 PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE Comprehensive General Liability including Premise/Operations; Explosion, Collapse and Underground Property Damage; Products/Completed Operations, Broad Form Contractual, ]ndependent Contractors; Broad Form Property Damage; and Personal lnjury liabilities: Contract Award Amount Contract Award Amount Under $1,000,000. $1,000,000. and Over (1) Badily Injury: $500,000. Each $1,000,000. Each Occurrence Occurrence $1,000,000. Annual $1,000,000. Annual � Aggregate Aggregate (2) Property Damage: $500,000. Each $1,000,000. Each Occurrence Occurrence $1,000,000. Annual $1,000,000. Annual Aggregate Aggregate (3) Personal Injury, with $1,000,000. Annual $1,000,000. Annual employrnent exclusion deleted Aggregate Aggregate SeccionlIl Page 10 of 46 � �� 1 1 , � ' 9/9/2008 , C� 1 1 Sectivn ]II — General Conditions I 5.2.3 COMPREHENSIVE AUTOMOBILE LIABILITY 1 ' 1 1 1 1 1 ' ' 1 1 1 1 1 CJ ' including all awned (private and others), hired and non-owned vehicles: Contract Award Amount Contract Award Amount Under $1,000,000. $1,000,000. and Over (1) Bodily Injury $500,000. Each Person $1,000,000. Each Person $500,000. Each Accident $1,000,000. Each Accident (2) Property Damage $500,000. Each $1,000,000. Each Occurrence Occurrence Receipt and acceptance by Owner of the Contractor's Certificate of lnsurance, or ather similar docurnent does not canstitute acceptance or approval of amounts or types of coverages, which nnay be less than required by these CantracC Docunnents. The Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests of Contractor, Subcontractors or others in the Work. Owner may at its option require a copy of the Contractor's Insurance Policy(s). All insurance policies required within this Contract Document shall provide full coverage from the first dollar af exposure unless otherwise stipulated. No deductibles will be accepted without prior approval from Owner. Lon�shore and Harbor Worker's Compensation Act: Section 32 of the Act, 33 U.S.C. 932, requires an employer, with employees in maritime employment, to secure the payment of bene.fits under the Act either by insuring with an insurance carrier authorized by the U.S. Department of Labor, or to be authorized by the U.S. Department ofLabor as a self-insurer. For General Contractors: Section 4(a) of the Act provides that every employer shall be liable for and shall secure the payment to his employees of the compensation payable under Sections 7, S, and 9 of the AcC. 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 s�cura the payment of compensation. 5.3 WAIVER OF RIGHTS The Owner and Contractor intend that all policies purchased in accordance with Article on Insurance will protect the 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 lasses and damages caused by the perils covered thereby. All such palicies shall contain provisions to the effect that in the event af payment of any loss or damage the insurers will have no rights of recovery against any of the insured or additional insured thereunder, the Owner and Contractor waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the work; and, in additian, 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 far lasses and damages so caused. None of the above waivers shall extend to SectionIll Pagc 1 I of 46 9/9/2008 Seclion 111— General C��nditions the rights that any party making such waiver may have to the proceeds of insurance otherwise payable under any policy so issued. In addition, the Owner waives all rights against Contractor, Subcontractors, Engineer, Engineer's Consultant and the officers, directors, employees and agents of any of them for: (i) loss due to business interruption, loss of use or other consequential loss extending beyond direct physical loss or damage to the �wner property or the Work caused by, arising aut of or resulting from �re or other peril, whether or not insured by tl�e Owner and; (ii) loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by atty property insurance maintained on the completed Project or part thereof by the Owner during partial utilization, after substantial completion or after fnal payment. r; � 6.1 CONTRACTORS RESPONSIBILITIES SUPERVISION AND SUPERINTENDENCE Contractor shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills ar►d expertise as may be necessary to perform the Work in accordance with the Contract Documents. Cantractor shall be solely responsible for the means, rnethods, techniques, sequences and pracedures of constructian, except that Contractor shall keep on the work at all times durin� its progress a competent resident superintendent. Contractor shall not be responsible for the negligence of others in the design or specification of a speci�c 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 tlae work at all times during its progress a competent resident superintendent, who shall not be replaced without notice to the 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. The Contractor's superintendent shall keep a mobile cell phone on his person so he can be contacted whenever necessary. � Contractor shall employo unly competent perso.ns to do the work and whenever the Owner's Engineer shall notify Contractor, in writing, that any person on the work appears to be incorz�petent, 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 the Owner's Engineer. Contractor shall reimburse Owner for additional engineering and inspection costs incurred as a result of overtime wark in excess of the regular working hours or on the Owner nornaally approved holidays. At such times when Inspector overtirne is required, the Contractor shall sign an overtime slip documenting such hours and the Corttractor shall be provided a copy for his records. At the end of the project and prior to payrnent of withheld retainage funds, the Contractor shall deliver to the Owner a check made out to the Owner of Clearwater for full reimbursement of all Inspector overtime hours. Withheld retainage shall nat be released until the Owner has received this check. Minimurn number of chargeable hours for inspection costs on weekends or holidays sha11 be four hours. The cost of overtime inspection per hour shall be $60.00 per hour. Sectionlll Page 12 of 46 9/9/2008 C� 1 1 1 1 ' ' 1 ' 1 1 ' � 1 ' ' ' 1 1 , 1 1 C� 1 1 ' 1 1 1 ' Section III — General Conditions Contractor shall provide and rnaintain 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 qualitied 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 property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all work at the site shall be perform�d during regular working hours and Contractor will not permit overtime work or the performance af work on Saturday, Sunday, or any legal holiday without the Owner consent given afier prior notice to Engineer. Unless otherwise specified in the General Reyuirements, Contractor shall furnish and assume full responsibility for all materials, equiptnent, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all oth�r facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion af the Work. All materials and equipment installed in the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by Engineer, Contractors shall furnish satisfactory evidence (including reports of required tests) as to the quality of materials and equipment. The Contractor shall provide suitable and secure storage for all materials to be used in the Work so that their quality shall not be impaired or injured. Materials that are improperly stored, may be rejected by the Engineer without testing. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and canditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise provided in the Contract Docurnents. The Owner of Clearwater, at its sole discretion, reserves the right to purchase major equipment ' to be incorporated into the WORK under the Owner Direct Purchase (ODP) Option, if indicated in t`Iie Contract Documents. In such event, the Contractor shall cooperate and assist the Owner of Clearwater, at no additional cost, to implement the ODP documents and procedures. , 6.3 SUBSTITUTES AND "OR EQUAL" ITEMS Whenever an item of material or equipment is specified or described in thE Contract Documents ' by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality reyuired. Unless the specification or description contains or is followed by words reading that no like, equivalent or ' "or equal" item or no substitutian is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by Engineer. lf in Engineer's sole discretion an item of material or equipment proposed by Contractor is functianally 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 Contractar does not qualify as an "or equal" itern, it rnay 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 therefare. Request for review ' SectionIII Page 13 of 4b 9/9/20�8 Section 111— General Conditions of proposed substitute and "or equal" will be not be accepted by Engineer from anyone other than Contractor. Reyuest for substitute and "or equal" items by Contractor must be submitted in writing to Engineer and will contain all infarmation as Engineer deems necessary to make a determination. All data provided by Contractor in support of any proposed substitute or "or equal" item will be at Contractor's expense. Engineer will be allowed a reasonable time to evaluate each proposal or submittal made per this paragraph. Engineer will be sole judge of acceptability. 6.4 RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND OTHERS Contractor shall be fully responsible to Owner and Engineer far all acts atld omissions of the Subcontractors, Suppliers and other persons performin� or furnishing any of the work under a direct or indirect contract with Contractor just as Contractor is responslble tor Contractor's own acts and omissians. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other perso� any contractual relationship between Owner or Engineer and any Subcantractor, Supplier or other person, nor shall it create any obligation on the part of Owner or Engineer to pay or to see ta the payment of any moneys due any such Subcontractor, Supplier or other person. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers and other persons performing or furnishing any of the work under a direct or indirect contract with Contractor. Contractor shall require all Subcontractors, Suppliers and such other persons performing or furnishing any of the work to communicate with the Engineer through Contractor. The divisions and sections of the Speci�cations 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 agreernent between Contractor and the Subcontractor or Supplier which specif cally binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Docurnents far the benefit of Owner and Engineer. � Contractor sha11 not pay or employ any Subcontractor, Supplier or other person or organization whether initially or as a substitute, against wham Owner or Engineer may have reasonable abjection. Contractor shall not be required to employ az�y Subcontractor, Supplier ar other person or organization to furnish or perform any of the work against whom Contractor has reasonable objection. Owner or Engineer will not undertake ta settle any differences between Contractor and his Subcontractors or between Subcontractors. fi.5 USE OF PREMISES Contractor shall confine construction equipment, the storage of materials and equipment and the operations of works to the site and land areas identified in and permitted by the Contract Documents on other land areas permitted by Laws and Regulations, xight-of-way, permits and easernents, and shall not unreasonably encumber the premises with construction equiprnent or other materials or equipment. Contractor shall assumE full responsibility for any dama�e to any such land or area, or to the owner or occupant theraof or of any adjacent land or areas, resulting from the perfarmance of the Work. Should any claim be rnade by any such owner or occupant Sectionlll Page 14 of 4G 9/9/2008 ' 1 1 t L' ' 1 ' 1 1 1 ' 1 1 1 ' ' 1 1 1 C_� �� ' 1 ' 1 'LJ 1 1 1 1 � ' 1 1 t 1 Section III — General Conditions because of the performance of the Work, Contractor shall promptly settle with such ather 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 afficials, directors, employees and agents from and against all claims, costs, losses and damages arising out of or resulting frorn any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer or any other party indertanified hereunder to the extent caused by or based upon Contractor's performance of the Work. During Che progress of the Work, Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Wark. At the completion of the Work or at intervals established by the Engineer, Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, canstruction equipmcnt and machincry and surplus matcrials. Contractor shall restorc to original condition all praperty not designated for alteration by the Contract Docurnents. 6.5.1 STAGING AREAS The Contactor shall obtain and deliver to the Owner written permission for the use of all staging and storage areas outside of the Limits of Construction. �.5.2 RESTORATION TIME LIMITS The timely restoration of all impacted areas, especially right-of ways, is v�ry important to the Citizens af Clearwater; therefore these time limits are imposEd: • Debris piles shall be removed within five (5) consecutive calendar days. • Concrete driveways and sidewalks shall be replaced within ten (10) consecutive calendar days of remaval. Resident access shall be rnaintained at all times. • All arterial and collector roadways shall be restored ASAP. � Local streets and asphalt driveways shall be restored as soan as a sufficient quantity is generated, however, this is never to exceed fifteen (15) consecutive calendar days. Local and resident access stiall be rnaintained at all times. • Sod must be restored with Cen (10) consecutive calendar days of a successful pipe pressure test. It must be watered for a period of thirty (30) days after it is placed. Erosion control and dust control of denuded areas must be maintained at all times. If the project or a portion of it does not involve right-of ways, then a different schedule of sod restoration may be considered. 6.6 LICENSE AND PATENT FEES, RDYALTIES AND TAXES Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the wark or the incorporation in the Work of any invention, design, process, product or device which is the subject af 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 athers, the existence of such rights shall be disclased by Owner or Engineer in the Contract Documents. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants and the o�cers, directors, employees, agents Sectionill Page 15 of 46 9/9/2008 Section lII — General Conditions 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 oi 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 ar device not specified in the Contract Docuttaents, 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 ofthe work. 6.7 LAWS AND REGULATIONS Contractor shall give all natices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicablc Laws and Rcgulations, ncithcr Owncr nor Enginccr shall bc responsible for monitoring Contractor's cornpliance with any Laws or Regulations. If Contractar performs any work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all clairns, 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 the Owner to report and resolve discrepancies as described above_ s.8 PERMITS Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain an,d pay for all construction permits and Gcenses. The Owner shall assist Contractar, when necessary, in obtainin� 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 the 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, Owner of Clearwater Building Permit k'ees will be waived. 6.9 SAFETY AND PR�TECTION Contractor shall be responsible for initiating, maintairaing and supervising all safety precautions and prograrns 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, raadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of constructian. 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. lf, in the opinion of Engineer, any portion of Work or materials s.hal1 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 re�xaoved and replaced at the expense of Contractor. The Contractor shall initiate and maintain an accident prevention program which SectionlIi Page 16 of 46 9/9/2008 1 1 1 1 1 1 1 1 1 1 1 1 1 ' , ' 1 1 ' 1 1 1 1 1 1 1 ' 1 1 Section III — General Conditions shall include, but shall not be lirnited to the establishment and supervision of programs for the education and training of emplayees in the recognition, avaidance and prevention of unsafe conditions and acts. Contractor shall pravide first aid services and medical care to his employees. The Contractor shall develop and maintain an effective fire pratection and prevention program and good housekeeping practices at the site of contract performance throughout all phases of construction, repair, alteration or demolition. Cantractor shall require appropriate personal protective equipment in all operations where there is exposure ta hazardous conditions. The Engineer may order that the work stop if a candition of immediate danger to the 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 Owner, and the Contractor shall remain salely responsible for compliance with all safety requirements and for the safety of all persons and property at the site af Contract performance. The Contractor shall instruct his employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use. The Contractor shall take the necessary precautions to protect pedestrians and motorists from harm, and to prevent disruptions of such traffic due to construction activity. Contractor shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property and to pratect them from dama�e, injury ar loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or lass to any property caused, directly ar indirectly, in whole or part, by Contractor, any Subcontractor, Supplier or any other person ar organizaCion directly or indirectly etnployed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for safety and for protection ofthe 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. fi.10 EMERGENCIES ' In emergencies affecting the safety or protection of persons or the Work orproperty at the site ar adjacent thereto, Contractor, with or without special instruction or authorizatian from Owner or Engineer, is obligated to act to prevent damage, injury or loss. Contractor shall give Engineer ' prompt written notice if Cantractor believes that any significant changes in the Wark 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. 1 1 CJ ' 1 6.11 DRAWINGS fi.11.1 SHOP DRAWINGS, SAMPLES, RFIs, and SUBMITTAL FtEVIEW 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 an 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 Satnples to Engineer for review and approval. Sefore submitting each Shop Drawing or Sample, SectionIII Page 17 of 46 1/9/2008 Section iiI — General Conditions Contractor shall have determined and veri�ed: (i) all field measurements, quantities, dimensions, specified performance criteria, installation reyuirements, materials, catalog numbers atad similar information with respect thereto, (ii) all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertainin� 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 thereta. Contractor shall also have reviewed and coordinated each Shop Drawing or Sample with other Shap Drawings and Sarnples 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 Docurnents with respect to Contractar's review and approval of that submittal. At the time of submission, Contractor shall give Engineer specific written notice of such variatians, if any, that the Shop Drawing or Sample submitted may have from the requirements af the Contract Documents, such notice to be in a written communication separate fram the submittal; and, in addition, shall cause a specific notation ta be made an each Shop Drawing and Sample subrnitted to Engineer for review and approval of each such variation. The Contractor shall maintain a submittal log as mentioned in Article 2.5. Tfae Engineer shall receive updated copies at each progress meeting, and the Engineer shall respond to each submittal within twenty-one (21) consecutive calendar days. The Contractor shall maintain a request for information (RFI) log as mentioned in Article 2.5. The Engineer shall receive updated copies at each progress meeting, and the Engineer shall respond to each RFI within twenty-one (21.) cansecutive calendar days. The untimely submission of Submittal or RFIs shall not be grounds for a delay claim from the Contractor. 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 Documet�ts and be compatible with the design concept of the completed Project as a functioning whole as indicated the Contract DocumenCs. 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 speci�cally and expressly called for by the Contract Documents) ar to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assemUly in wliicli tlie ite►n Futictiuti5. CunlraclUr shall make corrections required by En�ineer, and sl�all 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 ta revisions other than the corrections called for by Engineer on previous submitCals. 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 ar 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 measurernents by the Contractor. 6.11.2 AS-BUILT DRAWINGS The Contractor shall keep and maintain one set of blueprints, As-Built Drawings, in good order and legible condition to be continuously marked-up at the job site. The Contractor shall mark and Sectionlll Page ] 8 of 46 9/9/2008 1 1 1 ' 1 1 1 1 1 1 1 ' 1 ' LJ 1 1 ' 1 1 ' Section lIl — General Conditions 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 Cantract 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 �rom the locations indicated or which were not indicated on the Contract Plans and buried (or concealed), construction and utility features which are revealed during the construction period. ' The As-Built Drawings shall be available for inspection by the Engineer and the Engineer's Consultant at all times during the progress of the Project. The As-Built Drawings shall be reviewed by the Owner Inspectar for accuracy and compHance ' 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 �wner Tnspector for ' approval upon completian of the project and prior to acceptance of final pay request. Final pay request shall not be processed until As-Built Drawings have been reviewed by th� Engineer or the Engineer's Consultant for accuracy and completeness. 1 ' L.J ' Prior to placing new potable water mains in service, the Contractor shall provide the Engineer intersectian drawings, as specified for the water mains. The Owner's acceptance of the "As-Built Drawings" does not relieve the Contractor of the sole respansibility for the accuracy and campleteness of the As-Built Drawings. 6.11.2.1 Gen�ral The Contractor shall prepare an "AS-BUILT SURVEY" per chapter 61.G17-6, Florida Administrative Code (see definition below), signed and sealed by a Florida registered land surveyor. The contractor will deliver to the Owner two hard copies of signed and sealed As-Built Drawings and an AutoCAD file. 61 G17-6. �02 Definition: (10) (a) As-Buidt Survey: a survey performed to obtain horizontad , and/or vertical dimensional data so that constructed impravements may he located and delineated: also know as Record Survey. This survey shall be clearly titled "As-Built Survey" and shall be signed and sealed by a Florida ' registered land surveyor. The survey must be delivered to the Owner of Clearwater Construction Divisian upon substantial cornpletion of the project. Tf this condition is not met, the Owner will procure the services of a Professional Surveyor and Mapper registered in the State of �'lorida and ' will back charge the contractor a fee of $1,800 per day or any portion thereof to provide the Owner with the required As-Built Survey. ' ' 1 1 1 fi.11.2.2 Sanitary and Storm Sewer Piping Systems 1. Manholes and inlets shall be Iocated by survey caordinates (northing, easting and elevation) based on the approved horizontal and vertical datum or utilize the stationing supplied on the construction plans. New sanitary service connections and replaced sanitary service connections shall be dimensioned to the nearest downstream manhole. All manholes, cleanouts and catch basin invert and rim elevations, manhale and catch basin dimensions, pipe sizes, and pipe material shall also be noted on the plan view and also on the profile if one exists. 2. Pipe materials and areas of special construction shall be noted. Sectionl II Page 19 af 4G 9/9/2008 � Section III — General Conditions 6.11.2.3 Pressure Pipe construction (Water, Reclaimed Water, Forcemain) All pipes shall be located by survey coordinates (northing, easting and elevation) based on the approved horizontal arid vertical datum or utilize the stationing supplied on the construction plans. Coordinates shall be at all pipe bends, tees, valves, reducers, and deflections. Also all new and replaeed service connections for potable and reclaimed water will be located as described above. Additionally there must be survey coardinates no further than 1.00 feet apart on linear type construction and shall denote top ofpipe elevation aC those points. G.11.2.4 Electrical and Control Wiring The as-built drawings shall include all chan�;es ta the original Contract Plans. The as-built drawings shall also include the size, color, and number of wires and conduit. k'or projects where this informatian 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 thc additional conduit runs, 1-line diagrams, ladder diagrams, and other information. The wiring scheamatic diagrams shall show termination location and wiring identi�cation at each point on the ladder diagram. 6.11.2.5 Horizontal and Vertical Control The As-Built survey shall be based on the original datum used for the construction design plans or if required by the Owner the datum shall be referenced to the North American Datum of 1983/90 (horizantal) and the North American Vertical Datum of 1988. The unit of ineasurement shall be the United States Foot. Any deviation or use of any other datum, (horizontal and or vertical), must be approved by the Owner of Clearwater Engineering Department. 6.11.2.6 Standards The As-Suilt survey shall meet the Minimum Technical Standards per Chapter 6 X G 1.7 and the Clearwater CAD STANDARDS set forth below. In addition to locating all improvements that pertain to the as-built survey it is the requirernent of the Owner to have minimum location points at every change in direction and no more than 100 feet apart on all pressure pipes. 6.11.2.7 Other The As-Suilt drawings shall reflect any differences from the original Contract Plans, in the same level of detail and units of dimensions as the Plans. 6.11.3 CAD STANDARDS 6.11.3.1 Layer Naming 6.11.3.1.1 Prefixes and Suffixes DI prefix denotes digitized or scanned entities EP prefix denotes existing points - field collected EX prefix denotes existing entities - line work and syrnbols PR prefix denotes praposed entities - line work and symbols FU prefix denotes future entities (proposed but not part of this contract) - line work and symbols SectionIII Page 20 of'46 9/9/2008 1 1 ' , ' 1 1 , 1 ' ' 1 , ' 1 ' 1 1 1 6. Section III — General Conditions TX suffix denotes text — use for all text, no rnatter the prefix 11.3.1.2 La er Namin Definitions: GAS gas lines and appurtenances ELEC power lines and appurtenances PHONE telephone lines and appurtenances CABLE cable TV lines and appurtenances BOC curbs WALK sidewalk WATER water lines and appurtenawices, sprinklers STORM storm lines and appurtenances TREES trees, bushes, planters SANITARY sanitary lines and appurtenances FENCE all fences BLDG buildings, sheds, finished floar elevatian 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 shareline, water elevation CL centerline af road CLD centerline of ditch CLS centerline of swale CORNER property corners, monumentation BENCH benchmark, temporary benchmarks Uther layers may be created as required, using above format. Sectionlll Page 21 of 46 9/9/2008 Section lII — General Conditions 6.11.3.2 Layer Properties All layers will use standard AutoCAD linetypes, bylayer. All layers will use standard AutoCAD colors, bylayer. All text will use standard AutoCAD fonts. 6.11.3.3 Text Styles Text style for EX layers will use the simplex font, oblique angle of 0°, and a text height of .008 times the plot scale. Text style for �'R and FU layers will use the simplex font, oblique angle of 22.5°, and a text height of .010 times the plot scale. 6.11.4 DELIVERABLES: The as-built survey shal I be produced on vellum or bond material, 24" x 36" at a scale of 1"�20' unless approved otherwise. The consultant shall deliver all drawing tiles in digital format. Acceptable file formats include: DWG, DXF of a shape file. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or e-mail address Thomas.Mahony(�c,mvclearwater.com . 6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE Contractor warrants and guarantees to Owner, En�ineer and Engineer's Consultants that all Work will be in accardance with the Contract Documents and will not be defective. Contractor's warranty and guarantee hereunder includes de%cts or damage caused by abuse, vandalism, modification or operation by persons other than Contractor, Subcantractors or Suppliers. Until the acceptance of the Work by the Owner, the Work shall be under the char�e 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 accasioned by any cause before its completion and final acceptance by the Owner. In addition, "the Contractor shall rernedy an_y defects in the work at his own expense and pay for any damage to other work resulting therefrom which appear within a period of one year from the date of final acceptance". Contractor's warranty and guarantee hereunder excludes improper maintenance and operation by Owner's employees and normal wear and tear under nornaal usage for any portion of the Work, which has been partially accepted by the Owner for operation prior to final acceptance by the Owner. Contractar's abligation 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 Dacuments or a release of Contractor's obligation to perform the Work in accordance witl� 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 the 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 Sarnple submittal or the issuance of a notice of Acceptance by the Engineer. Sectionill Page 22 of 46 9/9/2005 �1 � 1 , ' , 1 � 1 1 ' ' 1 , 1 ' 1 ' , , Section III — General Conditions 6.13 CONTINUING THE WORK � Contractor shall carry on the work and adhere to the progress schedule during all disputes or disagreements with the Owner. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the Owner or Contractor may otherwise agree in writing. I 6.14 INDEMNIFICATION Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants and the ' afficers, directors, employees, agents and other consultants oF each and any of them from and against all claims, casts, losses and damages (including but not limited to all fees and charges of en�ineers, architects, attorneys and ather professionals and all caurt or arbitration or other ' dispute resolution costs) caused by, arising out of ar resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itsel fl, ' including the loss of use resulting therefrom, arid (ii) is caused in whole ar in part by any negligent act or omission af Contractor, any Subcontractor, any Supplier, any person directly or indirectly employed by any of them to perfarm or furnish any of the Wark, 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 Subcontractar shall suffer loss or damage on the work, Contractor shall settle with such other Contractar or Subcontractor by agreement or arbitration if such other Contractar or Subcontractor will so , settle. lf such other Cantractor or Subcontractor shall assert any claim against the Owner on such account of any damage alleged to have been sustained, the Owner shall notify Contractor, who shall indemnify and save harmless the Owner against any such claim. In any and all claims ' against Owner or Engineer or any of their respective consultants, agents, of�cers, directors, or employees by any emplayee (ar the survivor or personal representative of such employee) of Contractor, any Subcontractor, any , Supplier, any person directly or indirectly employed by any of them to perform ar furnish any of the wark, or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of ' damages, campensation or benefits payable by or for Contractor or any such Sub-contractor, Supplier or other person or organization und�r workers' compensation acts, disability benefit acts or other employee benefit acts. The indemnifcation 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. I 7 OTHER WORK 1 ' 7.1 RELATED WORK AT SITE The Owner reserves the right to have its own forces enter the construction site at any time and perform wark as necessary in order to perform infrastructure repair or maintenance, whether related to the project or not. The Contractor will allow complete access to all utility owners for these purposes. ' SectionlII Page 23 of 46 9/9/200$ , Secpon III — General Conditions The Owner may have its own forces perform new work related to the project, however, this work will be identified in the Contract Scope of Work and coordination will be such that this activity is denoted in the Contractor's CPM Schedule so as ❑ot to cause any delays or interference with the Contractor's work or schedule. At no time will the Owner let another contract to a different Contractor ta perfortxz work at the same site during the duratian of the original contract. 7.2 COORDINATI4N If the Owner contracts with others far the perfonnance of other wark on the Project at the site, the following will be set forth in the Scape 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 wil] be provided. Unless otherwise provided in the Supplementary Conditions, the Owner shall have sole auth�rity and responsibility in respect of such coordination. 8 OWNERS RESPONSIBILITY Except as otherwise provided in these General Conditions, the Owner shall issue all communications from the Owner to the Contractor through Engineer. The Owner shall furnish the data required of the Owner under the Contract Documents promptly and shall make payments to Contractor prorraptly when they are due as provided in these General Conditions. The Owner is abligated to execute Change Orders as indicated in the Article on Chattges In The Work. The Owner's responsibility in respect of certain inspections, tests, and approvals is set forth in the Article on Tests and Inspections. in connection with the Owner's rrght to stop work or suspend work, see the Article on Engineer may Stop the Work. The Article on Suspension of Work and Terminatian deals with the Owner's right to terminate services of Contractor under certain circumstances. Owner shall not supervise, direct or have control or autlaority over, nor be responsible far, Contractor's means, methods, techniques, sequences ar 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. The Owner will not be responsible for Contractor's failure to perform or furnish the Work in accordance with the Contract Documents. 9.1 ENGINEER'S STATUS DURING CONSTRUCTION OWNERS REPRESENTATIVE Engineer will be Owner's representative during the canstruction period. The duties and the responsibilities and the limitations of authority af 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. SectionlII Page 24 of 46 9/9/2008 C� 1 ' , ' ' 1 � 1 � 1 � 1 , , ' ' 1 1 1 Section III — General Conditipns 9.2 CLARIFICATIONS AND INTERPRETATIONS ' Engineer will issue with reasonable promptness such written clarifcations or interpretations af the requirements of the Contract Documents (in the form of Submittal responses, RFI responses, Drawings or atherwise) 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 the �wner and Contractor. IFContractor believes that a written clarification ar interpretation justifies an adjustment in the Cantract Price or the Contract Tirne ' and the parties are unable to agree ta the amount or �xtent thereof, if any, Contractor may make a written claim therefore as provided in the Articles for Change of Work and Change of Contract Time. ' 9.3 REJECTING OF DEFECTIVE WORK Engineer will have authority to disapprove or reject Work which Engineer believes ta be t defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed 1'roject 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 Wark is fabricated, installed or completed. 1 1 L� ' 1 1 1 1 1 ' 1 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. Tn connection with Engineer's authority as to Chan�e Orders, see the articles on Changes of Work, Contract Price artd 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 �cceptability of the work thereunder. Claims, disputes and other matters relating to the acceptability of the work or the interpretation of the re9uirements of the Contract Documents pertaining to the performance and furnishing of the work and Claims under t}ae Articles for Changes of Work, Changes of Contract Time and Changes of Contract Price will be referred initially to Engineer in writing with a reyuest 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 (30) 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 (60) days after the start of such occurrence or event unl�ss Engineer allows an additional period of time for the submission of additional or more accurate data in suppart of such claim, dispute or other matter. The opposing party shall submit any response to Engineer and the claimant within thirty (30) days after receipt of the claimant's last submittal (unless Engineer allows additional tinne). Engineer will render a formal decision in writing within thirty (30) 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 the Owner and Contractor unless (i) an appeal from Engineer's decision is taken within thirty (30) days of the Engin�er's decision, or the appeal time which may be stated in a Dispute Resolution Agreement between SectionIII Page 25 of 46 9/9/2008 Section Ill — General Conditions Owner and Contractor far the settlernent of disputes oar (ii) if no such Dispute Resolution Agreernent has been entered into, a written notice o� intention to appeal fro�n Engineer's written decision is delivered by the Owner or Contractor to the other and ta Engineer within thirty (30) days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competerat jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty (60) days of the date of such decision, unless otherwise agreed in writing by the Owner and Contractor. When functionittg as interpreter and judge, Engineer will noC show partiality to the Or7vner or Contractor and will not be liable in cannection with any interpretation or decision rendered in gaad faith in such capaOwner. The rendering of a decisian by Engineer with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by the Owner or Contractor af such rights or remedies as either may otherwise have under the C'�ntract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant the Article an Dispute Resolution. 9.6 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES Neither Engineer's authority or responsibility under this paragraph ar under any other provision of the Contract Documet�ts 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 Engitteer 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 ar►y sur�ty for or employee or agent oi any of them. Engineer will not supervise, direct, control or have authority over or be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the furnishing or performance of the work. Engineer will taot be responsible for Contractor's failure to perform or furnish the work in accordance with tkae Contract Documents. Engineer will not be responsible for the acts or onnissions of Contractor or of any Subcontractor� any Supplier, or of any other person or organization performing or furnishing any of the work. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by the Contractor will only be to determine generally that their content complies with the requirements of the Contract Documents and, in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with the Contract Documents. 'The lirnitations upon authority and responsibility set forth in this paragraph shall also apply to Engineer's Consultants, and assistants. 1� CHANGES IN THE WORK Without invalidating the Agreement and without notice to any surety, the 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 docurnent, Contractor shall promptly proceed with Sectionlll Page 26 of 46 9/9/2008 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ' 1 1 1 ' 1 ' ' 1 , ' 1 Section III — General Conditions the Work involved which will be perFormed under the applicable conditions af the Contract Documents (except as may otherwise be specifically provided). If the Owner and Contractor are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Time that should be allowed as a result of a Work Change Directive, a claim may be made therefore as provided in these General Conditions. Contractor shall nat be entitled to an increase in the Contract Price ar an extension of the Contract Time with respect to any Work performed that is not reyuired 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 af uncovering work as provided in article far Uncovering Work. The Owner and Contractor shall execute appropriate Change Orders or Written Amendments recommended by Engineer covering: changes in the work which are (i) ordered by the 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 Frice or Contract Time which ennbody the substanc� 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 Cantinuin� the Work. 1 1 1 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 pravisions of any Sond to be given to a surety, the giving of any such notice will be Contractor's responsibility, and the amount of each appl�cable Bond will be adjusted accordingly. 11 CHANGES IN THE CONTRACT PRICE 11.1 CHANGES IN THE CONTRACT PRICE The Contract Price constitutes the total compensation (subject to authorized adjustments) ' payable to Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at Contractor's expense without change in the Contract Price. The Contract Price may only be adjusted by a Change Order or by a Written ' Amendment. Any claim for an adjustment in the Contract Price shall be based on a written notice of claim stating the general nature of the claim, to be delivered by the party making the claim to the other party and to Engineer or promptly (but in no event later than thirty days) after the start ' of the occurrence or event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty (60) days after the start of such occurrence or event (unless Engineer allows additional time for claimant to submit additional or mare accurate ' data in support of the claim) and shall be accompanied by claimant's written statement that the claimed adjustment cavers all known amaunts 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 1 SectioniIl Page 27 of 46 9/9/2008 1 Section III — General Conditions subrnitted in accordance with this paragraph. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: (i) where the Work involved is covered by unit prices contained in the Contract Docurnents, by application of such unit prices to the quantities of the items involved (ii) where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for averhead and profit), (iii) where the Work is not covered by unit prices cantained in the Contract Documents and agreetx�ent is reached to establish unit prices for the Work. Wher� the work involved is not covered by unit prices contained in the Contract Documents and where the Owner of Clearwater, the Engineer's Consultant, and Contractor cannot mutually agree on a lump surn price, the Owner of Clearwater shall pay for directed changes in the WORK, on "COST REIMBURSEMENT" basis. The Contractor shall apply for compensation, detailing Contractors forces, materials, equipment, subcontractors, and other items of direct costs required for the directed work. The application for Cost Reimbursement shall be limited to the following items: Labor, including foremen, for those hours associated with the direct work (actual payroll cost, including wages, fringe beraefts, labar insurance and labor taxes established by law). Expressly excluded frozn this itern are all costs associated with negotiating the subject change. 1 1 , 1 1 , 1 1 2. Materials associated with the change, including sales tax. The casts of materials shall ' be substantiated through vendors' invoices. 3. Rental or equivalent rental costs of equipment, inc1uding necessary transportation costs if specif cally used for the WORK. The rental rates shall not exceed the current rental rates prevailing in the locality or as detined in the rental Rate Blue Boak for Construction Equipment (a.k.a. DataQuest Blue Book). The rental rate is defined as the full-unadjusted base rental rate for the appropriate item of construction equipment and shall cover the costs of all fuel, supplies, repairs, insurance, and other costs assaciated with supplying the equipment for work ordered. Contractor-awned equipment will be paid for the duration of time rec�uired to complete the work. Utilize lowest cost combination of hourly, daily, weekly, or monthly rates. Do not exceed estimated operating costs given in t31ue 13ook. (�perating costs will not be allowed for equipment on stand-by. 4. SectionlII Additional costs for Bonds, Insurance if required by the Owner of Clearwater. The following fixed fees shall be added to the costs of the directed work performed by the Contractor or Subcontractor. A. A fixed fee of fifteen percent (] 5%) shall be added to the costs of Item 1 above. If work is performed by a subcontractor, the Contractor's fee shall not exceed five percent (5%), and the subcontractor's fee shall not exceed ten percent (l0%). B. A�xed fee of ten percent (10%) shall be added to the costs of Item 2 above. C. No markup shall be added to the costs of �tems 3 and 4. The fixed fees shall be considered the full compensation for all cast of general supervision, overhead, profit, and other general expense. Page 28 of 46 ' 1 1 t 1 ' ' ' 9/9/2008 , 1 ' ' ' 1 1 1 , 1 ' 1 ' 1 1 1 1 1 1 1 1 Section III — General Conditions 11.2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to Owner and Engineer. Contractor agrees that: (i) the allowances include the cost to Contractor (less any applicable trade discounts) of materials and equiprnent 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 ather expenses contemplated far the allowances have been included in the Contract Price and not in the allowances and no demand for additianal payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances and all the Work actually performed by the Contractor, and the Contract Price shall be corr'espondingly adjusted. 11.3 UNIT PRICE WORK Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifcations of Unit Price Work perfor►ned by Contractor will be made by Engineer. Each unit price will be deemed to include an amaunt considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. The Owner or Cantractor may make a claim for an adjustment in the Contract Frice if: (i) the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly frona the estimated yuantity of such item indicated in the Contract Documents; and (ii) there is no corresponding adjustment with respect to any other itern of Work; and (iii) if Contra�ar believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or the Owner believes that the Owncr is cntiticd 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, Owner endeavors to provide adequate unit quantities to satisfactorily complete the construction of th� project. lt is expected that in the normal course of praject construction and completion that not all unit yuantities will be used in their entirety and that a finalizing change order which adjusts contract unit quantities to those unit quantities actually used in the construction of the project will result in a net decrease from the original Contract Price. Such reasonable deduction of final Contract Price should be anticipated by the Contractor in his original bid. 12 CHANGES IN THE CONTRACT TIME The Contract Time (or Milestones) may anly be changed by a Change Order or a Writcen Amendment. Any claim for an adjustment of the Contract Time (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to Engineer promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature af the claim. Notice of the extent of the claim with Sectionlll Page 29 of 46 9/9/2008 Section III — General Conditions supporting data shall be delivered within sixty days after such occurrence (unless Engineer allows an additional period o#� 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 ta believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time (or Milestones) shall be determined by Engineer. No clairn far an adjustnnent in the Contract Time (or Milestones) will be valid if not submitted in accordance with the requirernents af this paragraph. All time limits stated in the Contract Documents are af the essence of the Agreement. Where Contractor is prevented frorn completing any part of the work within the Contract Time (or Milestones) due to delay beyond the control of Contracto�, the Contract Time (or Milestones) may be extended in an amount equal ta the time lost due to such delay if a claim is made therefore as provided in the article for Changes in the Work. Delays beyond the control of Contractor shall include, but not be limited to, acts by the Owner, acts af utility owners or other contractors performing other work as contemplated by the article for Other Work, fres, #7oods, epidemics, abnormal weather conditions or acts of God. Delays attributable ta and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control o�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 the Owner and Contractor, an extension of the Contract Time (or Milestones) in an amount equal to the time lost due to such delay shall be Contractor's sole and exclusive remedy for such delay. In no event shall the 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 litnited to fires, floods, epidemics, abnormal weather conditions, acts of Gad or acts by utility owners or ather contractors performing other work as conternplated by paragraph for Other Work. 13 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 TESTS AND INSPECTION Cotttractor shall give Engineer timely notice of readiness of the Wark for all required inspections, tests ar approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. Contractor shall employ and pay for the services of an independent testing labaratory to perform all inspections, tests, or approvals required by the Cantract Documents. The costs for these inspections, tests or approvals shall be borne by the Contractor except as otherwise provided in the Contract Documents. If Laws or Regulations of any public body having jurisdiction reyuire any Work (or part thereofl specifically to be inspected, tested or approved by an employee or other representative of such public body including all Owner Building Departments and Owner 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 or Engineer's Consultants the reyuired certificates of inspection or approval. Unless otherwise stated in the Contract Sectionlll Page 3� of 46 9/9/2008 1 1 ' ' '�1 1 1 1 1 1 1 ' 1 ' 1 1 1 1 ' 1 r � ' 1 1 1 1 1 1 1 1 �� ' 1 ' Section ]II — General Conditions Documents, Owner permit and impact fees will be waived. Contractar shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspectians, tests or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work, or af materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof far incorporation of the Work. If any Work (or the work of otlaers) that is to be inspected tested or approved is covered by Contractor without written concunence 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 natice of Contractor's intention to caver the same and Engineer has not acted with reasonable promptness in response ta such notice. 13.2 UNCOVERING THE W�RK If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncavered for Engineer's observation and replaced at Contractor's expense. If Engineer considers it necessary or advisable that cavered Work be observed by En�ineer 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 af the Work in question, furnishing all necessary labar, 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 recanstructior► (including but not limited to all costs of repair ar replacement of work of others); and the Owner shall be entitled to an appropriate decrease in the Contract Price for the costs of the investigation, and, if the parties are unable to agree as to the arnount thereof, may make a claim therefore as provided in the article for Change in Contract Price. If, however, such Work is not found to be defective, Contractor shall b� 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 announC or extent thereof, Contractor may make a claim therefore as provided the article for Change in Cantract Price and Change of Contract Time. 13.3 ENGINEER MAY STOP THE WORK If the Work is defective, or Cantractor fails to supply suffcient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Wark will conform to the Contract Documents, Engineer may order Cantraccor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Engineer ta 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 En�ineer stops Work under this paragraph, Contractor shall be entitled to no extension of Contract Time or increase in Contract Price. 13.4 C�RRECTI�N OR REMOVAL OF DEFECTIVE WORK ' If required by Engineer, Contractor shall promptly, as directed, either correct all defective Work, whether ar not fabricated, installed or completed, or, if the Work has been rejected by Engineer, remove it fram the site and replace it with Work that is not defective. Contractor shall pay all ' Sectionlll Page 31 of 46 9/9/2008 1 � Section 111— General Conditions claims, costs, losses and damages caused by or resulting from such correction or renaoval (including but not limited ta all costs of repair ar 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 pramptly, without cost to the Owner and in accordance with the Owner's written instructions; (i) correct such defective Work, or, if it has been rejected by the Qwner, 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 resultin� 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, the Owner may have the defective Work corrected or the rejected. Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. In special circumstances where a particular item of equipment is placed in cantinuous 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 far an additional period of one year after such correction or removal and replacement has been satisfactorily campleted. 13.fi ACCEPTANCE OF DEFECTIVE WQRK If, instead of requiring correction or removal and replacement of defective Work, the Owner prefers to accept it, the Owner may do so. Contractor shall pay all claims, costs, losses and damages atCributable ta the Owenr's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness). lf any such acceptance occurs prior to Engineer's recommendation of fnal payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the Owner shall be entitled to an apprapriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the Owner may make a claim therefore as provided in article for Change of Contract Price. If the acceptance occurs after the Engineer's recommendation for final payment an appropriate amount will be paid by Contractor to the Owner. 13.7 OWNER MAY CORRECT DEFECTIVE WORK lf Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Wark as required by Engineer in accordance with the article for Correction and Removal af Defective Work or if Contractor fails to perform the Work in accordance with the Cantract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, the Owner may, after seven days' written notice to Contractor; correct and remedy any such deficiency. In exercising the rights and remedies under Sectic�nlll Page 32 of 46 9/9/2008 1 , 1 , 1 1 1 1 ' �J 1 1 1 1 1 1 1 1 1 ' 1 1 1 , C] ' ' 1 ' 1 1 1 1 Section III — General Conditions this paragraph the Owner shall proceed expeditiausly. In connection with such corrective and remedial action, the Owner may exclude Contractor from all or part af 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 eyuipment stored at the site or for which the Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, the Owner's other contractors, and Engineer and Engineer's Consultants access to the site to enable the Owner to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by the 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 Dacuments with respect to the Work; and the Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are nnable to agree as to the amount thereof, the Owner may rnake a claim therefore as provided in the article for Change of Contract Price. Such claims, costs, losses and damages will include but nat be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal ar replacement of Contractar's defective Work. Contractor shall not be allowed an extension of the Contract Time (ar Milestones) because of any delay in the per%rmance of the Work attributable to the exercise by the Owner of the Owner's rights and remedies hereunder. 14 PAYMENTS TO CONTRACTOR AND C�MPLETION Progress payments on account of Unit Price Work will be based on the number of units completed. 14.1 APPLICATI�N F�R PROGRESS PAYMENT Contractor shall submit (not more often than once a month) to Engineer far review an Application for Payment filled out and signed by Contractor covering the Work completed as of the 25th of each month and accompanied by such supporting documentation as is required by the Engineer and the Contract Documents. Unless otherwise stated in the Contract Documents, payment will not be made for materials and equipment nat 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 (including as-built survey and Inspectar overtime reimbursement) completed to date will be held until final completion and acceptance ofthe Work covered in the Contract Documents. No progress payment shall be construed to be acceptance of any portion of the Work under contract. The Contractor shall review with the Engineer or the Construction Inspector all quantities and work for which payment is being applied for and reach agreement prior to submittal of an Oifcial Pay Request. The Engineer or the Construction Inspector will verify that the on-site marked up as-built drawings are up ta date with the work and are in compliance with Section iII, Article 6.11.2 of these Specificat�ons. In addition to all other payment provisions set out in this contract, the Engineer may require the Contractor to produce for Owner, within fifteen (15) days of the approval of any progress payment, evidence and/or payment affidavit that all subcontractors and suppliers have been paid any sum or sums then due. A failure on the part of the contractor to provide the report as required her�in shall result in further progress or partial payments being withheld until the report is provided. Sectionlll Page 33 of 46 9/9/2008 Section 111— General Conditions 14.2 CONTRACTOR'S WARRANTY OF TITLE Contractar warrants and guarantees that title to all Work, rnaterials and equipment covered by any Application for Payrnent, whether incorporated in the Praject or not, will pass to the Owner no later than the time of payment, free artd clear of liens. No materials or supplies for the Work shall be purchased by Contractor or Subcontractor subject to any chattel mortgage or under a conditianal sale contact ar other agreement by which an interest is retained by the seller. Contractor warrants that he has good title ta all tnaterials and supplies used by him in the Work, free from all liens, claims or encumbrances. Contractor shall indernnify and save the 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 oi the performance of this Contract. Cantractor shall at the Owenr's request, furnish satisfactory evidence that all obligations of the nature hereinabove dasignated have been paid, dischargcd, or waived. If Contractoa- fails to do so, then the Owner may, after having served written natice on said Contractor either pay unpaid bills, of which the Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deerned 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 oi this Contract, but in na event shall the provisions of this sentence be construed to impose any obligations upon the Owner to the Contractor or the Surety. In paying any unpaid bills of the Contractor, the Owner shall be deerned the agent of Contractor and any payment so made by the Owner shall be considered as payment made under the Contract by the Owner to Contractar, and the 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 (2p) days after receipt of each Application fbr payment, either indicate a recommendation of payrnent and present Application to the Owner, or return the Application to Contractor indicating Engineer's reasans for refusing to recornmend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. Engineer may refuse to recc�mend the whole or any part of any payrnent to Owner. Engineer may also refuse to recornmend any such payment, or, because of subsequently discovered evidence ar 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 the Owner frorn loss because: (i) the Work is defective, or completed Work has been damaged requiring correctian or replacement, (ii) the Contract Price has been reduced by amendment or Change Order, (iii) the Owner has been required to correct defective Work or complete Work, or (iv) Engineer has actual knowledge of the occurrence of any of the events enumerated in the article on Suspension of Work and Termination. The Owner may refuse to make payment of the full amount recommended by the Engineer because: (i) claims have been made against the 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 the Owner to secure the satisfaction and discharge of such Liens, (iii) there are ather items entitling the Owner to a set-off against the amount recomrrxended, or (iv) the Owner has actual knowledge of any of the events described in this paragraph. Owner shall give Contractor immediate notice of refusal to pay with a copy to the Engineer, stating the reasons for such actians, and Owner shall promptly pay Contractor the Sectionlll Page 34 of 46 9/9/2008 ' 1 ' ' ' 1 , 1 L_J ' 1 LJ 1 1 1 , ' 1 1 ' 1 1 , ' ' ' 1 �_J ' C, Sectipn llT — General Conditions amount so withheld, or any adjustment thereto agreed to by the Owner and Contractar, when Contractor corrects to the Owner's satisfaction the reasons for such action. 14.4 PARTIAL UTILIZATION Use by the Owner at the Owner's option of any substantially completed part of the Work which (i) has specitically been identified in the Contract Documents, or (ii) Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by the Owner for its intended purpose without significant interference with Contractor's perfornnance of the remainder of the Work, may be accomplished prior to Final Completion af al I the Work subject to the following: The Owner at any time may request Contractor in writing to permit the Owner to use any such part of the Work which the 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 far 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, ContracCor, and Engineer shall make an inspection of that part of the Work to determine its status of completian. iF Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefore. If Engineer considers that part af the Work to be substantially complete, the provisions of the articles far Substantial Completion and Partial Utilizatian will apply with respect to certitication of Substantial Completian of that part of the Work and the divisian of responsibility in respect thereof and access thereto. 14.5 FINAL INSPECTION Upon written notice from Contractor that the entire Wark or an agreed portion thereof is ' cornplete, Engineer will make a fnal inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspectian reveals that the Work is incomplete or defective. The Engineer will produce a�na l punc h list an d assign a date for t his ' work to be completed. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 1 ' 1 1 14.fi FINAL APPLICATION FOR PAYMENT After Contractor has completed all such corrections ta the satisfaction �f Engineer and has delivered in accordance with the Contract Documents all maintenance and operating instructions, As-built/Record Drawings, schedules, guarantees, Bonds, certificates or other evidence of insurance required by the paragraph for Sonds and Insurance, c�rtificates of inspection, lnspector overtime reimbursement as required in the Contract Documents and other documents, Contractar may make applicatian for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (I) all docurnentation called for in the Contract Documents, including but nat 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 the Owner) of all Liens arising out of or fled in connection with the Work. ln lieu of such releases or waivers of Liens and as approved by the Owner, Contractor may furnish Sectionlll Page 35 of 46 �)/9/2008 Section III — General Conditions receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, rnaterial 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 the Owner or the Owtter'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 the Owner to indemnify the Owner against any Lien. Prior to application for .fiinal payment, Contractor shall clean and remove from the premises all surplus and discarded materials, rubbish, and temporary structures, and shall restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the Work, and shall leave the Work in a neat and presentable condition. 14.7 FINAL PAYMENT AND ACCEPTANCE Tf through no fault of Contractor, final completion of the Work is significantly delayed and if Engineer so con .firms, the Qwner shall, upon receipt of Contractor's fnal Application for payment and recommendation of .Engineer, and without terminating the Agreetnent, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by the Owrter for Work not �ully 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 o f 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 nat 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 Dacuments, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulflled, Ettgineer will indicate in writing his recommendation of payment and present the Application to Owner for payment. Thereupon, Engineer will give written noti�e to Owner and Cantractor that the Work is acceptable subject to the provisions of this article. Otherwise, Era�ineer will return the Application to Contractor, indicating in writing the reasons for refusing to recornmend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. If the Application and accompanying documentation are apprapriate as to form and substance, the Owner shall, within twenty (20) days after receipt thereof pay contractor the amount recommended by Engineer. 14.8 WAIVER OF CLAIMS The making and acceptance of final payment will constitute: a waiver of all claims by the Owner against Contractor, except claims arising from unsettled Liens, from defective Work appearing after final inspection, from failure to comply with the Contract Docurnents or the terms of any special guarantees specified therein, or from Coratractor's continuing obligations under the Contract Documents; and a waiver of all clairns by Cantractor against the Owner other than those previously made in writing and still unsettled. Sectionlll Page 36 of 4G 9/9/Zppg ' ' ' ' ' 1 ' 1 ' ' 1 ' 1 LJ ' 1 1 1 , r ' Section III — General Conditions 15 SUSPENSION OF W�RK AND TERMINATION 15.1 OWNER MAY SUSPEND THE WORK At any time and without cause, Engineer rnay suspend the Work or any portion thereof for a , period of not more than ninety (90) days by natice 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 extensian of the Contract ' Times, or both, directly attributable to any such suspension if Contractor makes an approved claim therefore as provided in the articles for Change of Contract Price and Change of Contract Time. 1 1 ' ' 1 1 ' 1 ' ' ' 15.2 OWNER MAY TERMINATE Upon the occurrence of any one ar 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 su .fficient skilled workers or suitable materials or equipment ar 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 ta be done under this Cvntract is abandoned, or if this Contract or any part thereof is sublet, without the previous written consent of the Owner, or if the Contract or any claim thereunder is assigned by Contractor atherwise than as herein specified, or at any time Engineer certifies in writing to the 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. "T'he Owner may, after giving Contractor (and the surety, if any), seven days' written notice and, to the extent permitted by Laws and Regulations, terminate the services af 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 cauld be used by Contractor (without liability to Contractor for trespass ar conversion), incorporate in the Work all materials and equipment stored at the site or for which the Owner has paid Contractor but which are stared elsewhere, and frnish the Work as the Owner may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Work is f nished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damag�s sustained by the Owner arising out of ar resalting 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 the Owner. Such claims, costs, losses and damages incurred by the Owner will be reviewed by Engineer as to their reasanableness and when so approved by Engineer incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph the Owner shall not be required to obtain the lowest price for the Work perfar►ned. ' Where Cantractor's services have been so terminated by the Owner, the termination will not affect any rights or remedies of the Owner against Cantractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by the Owner will not , release Contractor from liability. Sectionlll Page 37 of 46 9/9/2008 Section III — General Conditions Upon seven (7) days' written notice to Contractor, Engineer and Owner tnay, without cause and withaut prejudice to any other right or remedy of the Owner, elect to terminate the Agreernent. In such case, Cantractor shall be paid (without duplication of any items): for completed and acceptable Work executed in accordance with the Contract Dacuments 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 terminatian in performing services and furnishing labor, materials or equipment as requiared by the Contract Docurnents in cannection with uncompleted Work, plus fair and reasanable sums for overhead and pro�t on such expenses; for all claims, costs, losses and damages incurred in s�ttlement of terminated contracts with Subcontractors, Suppliers and others; and for reasonable expenses directly attributable to termination. Contractor shall not be paid on account of loss of anticipated profits or revenue or other econornic lass 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 pariod of more than ninety (90) days by the Owner or under an order of court or other public authority, or the Engineer fails to act on any Application for Payment within thirty (30) days after it is submitted or the Owner fails for thirty (30) days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven (7) days' written notice to the Owner and Engineer, and provided the Owner or Engineer does not remedy such suspension or failure within that time, terminate the Agreement and recover from the Owner payment on the same terms as provided in the article for the Owner May Terminate. However, if the Work is suspended under an order of court through na fault of Owner, the Contractor shall not be entitled to payment except as the CourC may direct. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if Engineer has failed ta act on an Application for Payment within thirty (30) days after it is submitted, or the Owner has failed for thirty (30) days to pay Contractor any sum fnally determined to be due, Contractor may upon seven (7) day's written notice to the Qwner 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 atherwise for expenses or damage directly attributable to Contractor's stopping Work as permitted by this article. 16 DISPUTE RESOLUTION If and to the extent that the Owner and Contractor have agreed an the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure will proceed. lf no such agreement on the method and procedure for resolving such disputes has been reached, subject to the provisions af the article for Decisions on Disputes, the Owner and Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute provided, however, that nothing herein shall require a dispute to be submitted to binding arbitration. Sectionl ll Page 38 of 46 9/9/2Q08 1 ' 1 1 ' 1 1 , , ' ' 1 ' 1 1 1 �_� 1 1 1 1 Section III — General Conditions 17 MISCELLANEOUS 17.1 SUBMITTAL AND DOCUMENT FORMS The form of all submittals, notices, change orders, pay applications, logs, schedules 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 Owner. 1 , �� 17.2 GIVING NOTICE Whenever any provision of the Contract Documents requires the giving of written notice, notice will be deemed ta have been validly given if delivered in person to the individual or to a member of the frm or to an offrcer of the corporation for whorn 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. �r��r•��•»��_�i►��. , Should the Owner or Cantractor suffer injury or damage to persan or property because of any error, omission or any act of the other party or of any of the other party's officers, emplayees or agents ar 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 lirnitations or repose. ' 17.4 PR�FESSIONAL FEES AND C�URT 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 prafessianals and all court or other dispute resolution costs. � ' , 1 1 1 1 1 17.5 ASSIGNMENT OF C�NTRACT The Contractor shall not assign this contract or any part thereof or any rights thereunder withaut the approval of �wner, nor without the consent of surety unless the surety has waived its rights to notice of assignment. 17.fi RENEWAL OPTION Annual Contracts issued through the Engineering Department may be renewed for up ta two (2) years, upon mutual consent of both the Owner 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 Owner, and must be agreed to in writing by both parties. All renewals are contingent upon the availability of funds, and the satisfactory performance of the Contractor as determined by the Engineering Department. SectionIll Page 39 of4b 9/9/2008 Section III — General Conditions 18 PROJECT INFORMATION SIGNS 18.1 SCOPE AND PURPOSE The Owner desires to inform the general public on the Owner's use and expenditure of public funding for general capital improvement and maintenance projects. Ta help accomplish this purpose, the Contractor is required to prepare and display public project information signs during the full caurse of the contract period. These signs will be displayed at all location(s) of active work. 18.2 TYPE OF PROJECT SIGN, FIXED �R P�RTABLE Sign type shall be "fxed" on stationary projects and "portable" on projects which have extended locations or various locations. Payment to Contractor for the preparation, installation and management of project sign(s) shall be lump sum for the entire project. The number of and type of sigras will be stated in the Scape af the Work section of the contract documents. Lump sum item will be included in the bid proposal for signs. The particular wording to be used an the signs will be determined after contract award has been approved. ContracCor will be provided the wording to be used on sign at the preconstruction conference. 18.3 FIXED SIGN Fixed sign shall be 4-foot by 6-foat (4'x6') in size and painted on a sheet of exterior grade plywood of the same size and a minimum thickness of 1/2-inches. Sign shall be attached to a minirnurn of three pressure treated 4-inch by 4-inch (4"x4") below grade pressure treated wooden posts and braced as necessary for high winds. 1'osts shal1 be long enough to provide secure anchoring in the ground. Bottom of sign must be a minimum of 24-inches above the ground. Alternate mounting system or attachment to fencing or other fixed structure can be considered for approval. Sign shall be painted white an both sides with exterior rated paint. 18.4 PORTABLE SIGNS Portable sign shall be a minimum of 24-inches by 30-inches (24"x30") in size and will be attached to a standard sized portable traffic barricade. Sign material shall be aluminum, 0.080- inches or thicker, background of white reflective sheeting, and shall be silkscreen or vinyl lettering. Portable sign shall be two signs located and attached to each side of the traffic barricade. �E:�� Cr7 � [�*] ��7:71 � C�'3 Background shall be white. Project Descriptive Name shall be in blue lettering. All other lettering shall be black. Basic lettering on sign shall be in all capital letters, of size proportional to the sign itself. 18.fi SIGN PLACEMENT Signs shall be placed where they are readily visible by the general public which pass by the project site. Signs are not to be placed where they may became a hazard or impediment to either pedestrian or vehicular traffic. For construction projects outside of the Owner's right-of-way, the signs will be placed on the project site. For projects constructed inside of the Owner's ri�ht-of- way, the signs will be placed in the right-of-way. Portable signs are to be maved to the 1ocations Sectionlll Page 40 of 46 . 9/9/20Q8 1 1 1 , 1 ' 1 � LJ ' ' � C� ' ' ' ' 1 1 1 ' 1 1 1 , �� ' ' 1 ' Section Ili — General Conditions of active work on the project. Multiple portable signs will be necessary where work is ongoing in several locations at the same time. Fixed signs are ta be placed at the start of construction and will remain in place until the request far final payment. 18.7 SIGN MAINTENANCE The Contractar is responsible for preparation, installation, movement, maintenance, replacement, removal and disposal of all project signs during the full caurse of the contract period. The Contractor will place and secure portable signs from dislocation by wind or other actions. Signs are to be cleaned as necessary to rnaintain legibility and immediately replaced if defaced. 18.8 TYPICAL PROJECT SIGN TYPICAL PRUJECT SIGN: PROJECT NAME (CONTRACT NUMBER) A OWNER OF CLEARWATER {DEPARTMENT'S NA'ME} PR�JECT CONTRACTOR: OWNER : COMPLETION SCHEDULE: FUNDINC PROVIDED BY: ' 19 OWNER DIRECT PURCHASE (ODP) OPTION 19.1 GENERAL � The Owner reserves the right, when identified during the bidding process as part of the project's documents, to contract with the Contractor to purchase certain portions of materials identified in the project as a sales tax savings optian in cornpliance with Florida Law since the Owner is exempt from payment of sales tax. The Contract price includes Florida sales and other applicable taxes for materials, supplies, and equipment, which will be a part of the Contractor's work. The Owner, being exempt from sales tax, reserves the right to make direct purchases of various construction materials included in the Cnntractor's contract. The Owner purchasing of constructian materials, if selected, will be administered on a deductive Change Order basis. Additionally, Purchase Orders will include Owner's Certificate of Exemption number. 19.2. PROCEDURE The Contractor and the Owner, priar to the ordering of any materials, must complete the "Addendum to Agreement for Construction" form for this project. Uther documents to be included in this procedure are Attachment "A" (Owner/Contractor document for Owner- Furnished Materials); Attachment "B" (Contractor/Sub-Contractor document for Owner- SectionIII Page 41 of 46 9/9/2008 Section Iil — General Conditions Furnished Materials); Attachment "C" (Contractar/Sub-Contractor docurnent for Owner- Furnished Materials); Attachment "D" (Procedure for Generating Sub-Contractor Direct Purchase Orders for Sales Tax Credits); Procedures for Sales Tax Savings, Requests to Requisition and Receiving/Invoice document; and Request to Requisition Standard Purchase Order form.. Attachrnent "A" is to be completed by the Contractor and submitted with tlae "Addendum to A�reement for Construction", and the Contractor shall submit two (2) ariginal copies of the Addendum to the Owner. Attachment "B", "C", and "D" relate to Owner- Furnished Materials that are part of the Subcontractor's work. Attachments "S" and "C" would be completed for each Subcontractor responsible for materials as part of the Subcontractor's work. Attachments lettered "A", "B", and "C", included (as amended by notations thereon) and incorporated within the contract documents shall be executed by the Contractor and applicable Sub-Contractors and the terms thereof shall govern the purchase of materials for the Project as determined by the Owner. The contract price sk�all be reduced by the cost of the materials purchased by Owner plus the normally applicable sales tax as bid by the Contractor even if the cost is in excess of the cost for the materials as bid by the Contractor. However, for purposes of calculating engineering fees, contractor fees, architects fees, and any other amounts that are based on the contract amount, the original contract amount shall be used. The Contractor reserves the right to authorize payr►aents for invoiced materials, prior to Owner's authorization process, as outli.ned in attachmeanC "D". The Contractor will assist Owner in owner's direct purchase of materials for the project. However, the Owner acknowledges that the Contractor's Sub-Contractors nonetheless each reserves the right to purchase project materials directly, without the Owner's prior approval and consequent power to eliminate reirnbursement of sales tax. 19.3 RESPONSIBILITIES The Contractor shall provide the Owner a list of all intended suppliers, vendors, and materials for consideration as Owner-Furnished materials and shall submit price quotes from the vendors, as well as a description of the materials to be supplied, estimated quantities, and prices. The Cantractar shall submit price quotes frorn the vendors, as well as a description of the materials to be supplied, estimated quantities, atid prices. The Contractar shall be fully responsible for all rnatters relating to the receipt af materials furnished by the Owncr in accordancc with thcsc Special Provisions including, but not limited to, verifying correct quantities, verifying docuraaents of orders in a timely manner, coordinating purchases, providing and obtaining all warranties and guarantees required by the Contract Documents, inspection and acceptance of the goods at the time of delivery due to the negligence of the Contractor. However, the Owner assumes the risk of damage or loss during the time that the building mat�rials are physically stored at the job site prior to their installation or incorporation iqto the project. The Contractor shall coordinate delivery schedules, sequence of delivery, loading orientation, and other arrangements normally required by the Contractor for the particular material furnished. The Contractor shall provide all services required for the unloading and handling of materials. The Contractor agrees to indemnify and hold harmless the Owner from any and all claims of whatever nature resulting from non-payment of �oods to suppliers arising irorxa the action of the Contractor. As Owner-Furnished Materials are delivered to the job site, the Contractor shall visually inspect all shipments from Che suppliers, and approve the vendor's invoice for material delivered. The Contractor shall assure that each delivery of Owner-Furnished Materials is accompanied by Sectionlll Page 42 of 46 9/9/2008 1 ' , 1 1 ' � 1 1 1 1 Section III — Genera] Conditions documentation adequate to identify tihe Purchase Order against which the purchase is made. This documentation may consist of a delivery ticket and an invoice from the supplier conforming to the Purchase Order together with such additional information as the Owner may require. The Contractor will then forward the invoice to the Owner far payment, pursuant to Attachment A of this Contract. The Contractor shall insure that Owner-Furnished Materials conform to the Specifications and determine prior to acceptance of goods at tirne of delivery ii such rnaterials are patently de%ctive, and whether such materials are identical to the materials ardered and match the description on the bill of lading. If the Contractor discovers defective or non-conformities in Owner-Furnished Materials upon such visual inspection, the Contractor shall nat utilize such noncanforming or defective materials in the Contractor's Work and instead shall properly notify the Owner of the defective or nonconforming condition so that repair or replacement of those materials can occur without undue delay or interruption to the Project. If the Contractor fails ta perform such inspection and otherwise incorporates into the Contractor's Work such defective or nonconforming Owner-Furnished Materials, the condition of which it either knew or should have known by performance of an inspection, tlae Contractor shall be responsible far all damages to the Owner, resulting from Contractor's incorporation of such materials into the Project, including liquidating or delay damages. The Contractor shall maintain records af all Owner-Furnished Materials it incarporates into Contractor's Work from the stock of Owner-Furnished Materials in its passession. The Contractor shall account monthly to the Owner for any Owner-Furnished Materials delivered into the Contractor's possession, indicating portions of all such materials, which have been incorporated in the Contractor's Work. The Contractor shall be responsible far obtaining and managing all warranties and guarantees for all materials and products as required by the Contract Documents. All repair, maintenance, or damage-repair calls shall be forwarded to the Contractor for resolution with the appropriate supplier, vendor, or subcantractor. Notwithstanding the transfer of Owner-Furnished Materials by the Owner to the Contractor's � possession, the Owner shall retain legal and equitable title to any and all Owner-Fur�aished Materials. The Qwner sha11 indemnify and hold Contractor harmless from any sales tax (and interest and penalties incurred in connection therewith) in the event there is a f3na1 determination ' that sales made by Owner, which Owner treats as being exempt from sales tax, are subject to sales tax. "Final determination" shall mean an assessment by the Department of Revenue that is no longer subject to protest, or a determination of a court having jurisdiction over such matters , that is final and not subject to appeal. Contractor agrees ta promptly notify Owner of any audit, assessment, proposed assessment or notice of deficiency issued with regard to the Project and relating to Owner-Furnished Materials. ' On a monthly basis, Contractor shall be required to review invoices submitted by all suppliers of Owner-Furnished Materials delivered to the Project during the month for use by the Contractor and eith�r concur ar object to the Owner's issuance of payment ta the suppliers, based upon , Contractor's records af materials delivered to the site and any defects in such materials. ln order to arrange for the prompt payment to the supplier, the Contractor shall provide to the Owner a listing indicating the acceptance of the goods or materials within thirty (30) days of receipt of ' said goads ar materials. The list shall include a copy of all applicable Purchase Orders, which will include Owner's Certificate of Exemption number, invoices, delivery tickets, written acceptance of the delivered item, and such ather documentation as may be reasonably requir�d ' SectionIll Page 43 of 4G <J/9/2008 1 Section 11I — General Conditions by the Owner. The check will be released, delivered and remitted dir�ctly to the supplier. The Contractor agrees to assist the Owner to immediately obtain partial or final release or waivers as appropriate. At the end of the Praject, Contractor will be provided with a deductive Change Order for the cost incurred by the Owner to provide all Owner-Furnished Materials. Salvage materials shall be stored or removed from the site by the Contractor at the Owner's direction, or may be turned over to the Contractor for salvage ar disposal at the Contractor's option. The Contractor shall be entitled to the benefits of any discounts attributable to the early payment of vendor invoices for materials furnished by the Owner pursuant to the Specifications. 20 ORDER AND LOCATION OF THE WORK The City reserves the right to accept and use any portion of the work wh�never it is considered to the public interest to do so. The Engineer shall have the power to direct on what line or street the Contr�ctor shall worlc and order thereof. 21 AWARD OF CONTRACT, W�RK SCHEDULE AND Cr1�1_\:7_1► � � � � It will be required that the work will commence not later than five (5) calendar days a$er the Engineer gives written notice to praceed (NTP), which notice shall be given as outlined in Article 2 of these General Conditions. It is further required that all work within this contract be completed within the indicated number of consecutive calendar davs as determined in SECTION IV, ARTJCLE 1.1 - SCOPE DESCRIPTION. Contract date to commence at issuance of notice to proceed. If the Contractor fails to camplete the work within the stipulated time, the City will retain the amount stated in the Contract, per calendar day, for each day that the contract remains incomplete. The work shall be discontinued on Saturdays, Sundays, and approved Holidays. If it becomes necessary for the Contractor to perform work on Saturdays, Sundays, and approved City of Clearwater Employee Holidays, that in the opinion of the Engineer, will require the presence of Inspectors, the Contractor shall pay the City of Clearwater, Flarida, the amount of Four Hundred Eighty Dollars �($4$0.00) per each eight-hour (8) day for each Inspector given such assignment. The Contractor shall remedy any defects in the work at his own expense and pay for any damage to other work resulting therefrom which appear within a period of one year fram the date of final acceptance. 22 RESIDENT NOTIFICATION OF START OF CONSTRUCTION The Contractor shall notify all residents along the construction route with a printed door hanger notice indicating the following information about the proposed construction work and the Contractor performing the work: City seal or logo; the scheduled date for the start of construction; the type of construction; general sequence and scheduling of construction events; possibility of water service disruption and/or colored water due to construction efforts; Contractor's narne, the Superintendent's name, Contractor address and telephone number; Contractor's company logo (optional); requirement for residents to remove landscaping and/or other private appurtenances which are in conflict with the proposed construction; and other language as appropriate to the scope of Contract work. Sample door hanger including proposed language shall be approved by the City prior to the start of construction. Notification shall be printed on brightly colored and durable card stock and shall be a minimum af 4-'/4 by 11 inches in size. Notification (door hanger) shall be posted to residences and businesses directly affected SectionIIl Page 44 of 46 9/9/2008 1 1 1 ' 1 1 ' 1 1 1 1 1 1 1 1 1 1 1 ' Section III — General Conditions by the Contractor's activities no later than seven (7) days prior to the start of construction activity. Directly affected by the Contractor's activities shall mean all Contractar operations including staging areas, eyuipment and material storage, principal access routes across private property, etc. Contractor cannot start without proper seven (7) day notice period to residents. Contractor is reyuired to maintain sufficient staff to answer citizen inquiries during normal business hours and to maintain appropriate message recording equipment to receive citizen inquires after business hours. Resident notification by the Contractor is a non-specific pay item to be included in the bid items provided in the contract proposal. EXAMPLE CITY SEAL Of CITY OF CLEARWATER NOTICE OF CONSTRUCTION TODAY'S DATE: / / PLEASE EXCUSE US FOR ANY INCONVENIENCE We are the construction contractar performing (.rtate rype of contract) for the City of Clearwater in your area. The work will be performed in the public right-of-way adjacent to your praperty. This notice is placed a minimum of seven (7) days in advance of construction to notify property owners of the pending start of construction. (Brief description of the construction process to be expected by the property owners) The canstruction process may necessitate the removal of certain items from the right-of-way. Typical items such as sprinklers, grass, and postal approved mailboxes will be replaced by the contractor within a reasonably short period of tirne. The raplac�ment of driveways and sidewalks will be made using standard asphalt or concrete materials. The property owner is responsible for the expense and caordination to replace driveways and sidewalks which have customized colors, textures and/or materials. Small trees, shrubs, landscaping materials, unauthorized mailboxes or structures within the right-of-way which must be remaved due to the construction process will nat be replaced. The property owner is responsible to relocate any such items which the property owner wishes iu save priur lu the s�art of construction. Vehicles parked on the streets or within the right-of way may be required ta be placed elsewhere. We are available ta answer any questions you rnay have regarding the construction process or any particular item that must be relocated. Please contact our Construction Superintendent at (727) . We will be more than happy to assist you. ction is anticipated to begin on: Company Name Company Address Contractor Phone Number 23 MATERIAL USED All material incorporated into the final work shall be new material unless otherwise appraved by the Engineer. lf requested by the Engineer, the Cantractar shall furnish purchase receipts of all rnaterials. Sectianl❑ Page 45 of 46 9/9/2008 C� Section JII — General Conditions , 24 CONFLICT BETWEEN PLANS AND SPECIFICATIONS The various Contract Dacuments shall be given precedence, in case of conflict, error or ' discrepancy, as follows: Modifications, Contract Agreernent, Addenda, Supplementary General Conditions, General Conditions, Supplementary Technical Specifications, Technical Specifications, Drawings. in a series of Modi�cations or Addenda the latest will govern. ' ► 1 �� .� ' 1 1 1 ' 1 1 L_� 1 1 SectionlIl Page 46 of 4G 9/9/200$ , �� ' SECTION IV I TECHNICAL SPECIFICATI�NS , Table of Cantents: SECTIONXV .....--•-••---•--••----•--------------•--..............---........................................................................ i TECHNTCAL SPECIFICATI�NS ............................................................................................... i ' 1 SCOPE OF WORK ...........................................................................................................1 1.1 SCOPE DESCRIPTION .................................................................................•---•--•--...... 1 ' 1.2 SCOPE OF WORK CHECKLIST .................................................................................. 7 2 LINE, GRADE AND REC�RD DRAWINGS ................................................................ 9 ' 2.1 L1NE AND GRADE SHALL BE PERFORMED BY THE CONTRACTOR ............... 9 3 DEFINITION OF TERMS ............................................................................................... 9 , 4 ORDER AND LOCATION OF THE WORK .............................................................. 10 5 EXCAVATION FOR UNDERGROUND WORK ........................................................10 6 CONCRETE .....................................................................................................................11 ' 7 EXCAVATION AND FORMS FQR CONCRETE WORK ........................................12 7.1 EXCAVATION .............................................................................................................. 12 ' 7.2 FORMS ...............................................................................�--...--�----............................. 12 9 OBSTRUCTIONS .....................................................•-•-------•------•---•-----...........................12 , 12. DEWATERING 34 MATERIAL iJSED ......................................................................•---------•---.....................15 35 CONFLICT BETWEEN PLANS AND SPECIFICATI�NS ......................................15 ' 37 AUDIO/VIDEO TAPE UF WORK AREAS .................................................................15 37.1 AUDIONIDEO TAPE OF WORK AREA SHALL SE 1'REPARED SY THE CTTY 15 ' 37.2 AUDIONIDEO TAPE OF ALL WORK AREAS SHALL BE P.R.EPARED SY THE CONTRACTOR...........................................................................................�--•-........... 15 37.2.1 CONTRAG'TUR TO PREPARE A UDI�/vIDEO 7APE ................. ........................ I S , 3 7. 2. 2 SCHF.D ULING OF A UDIO/VIDEO TAPE ..... .................................. .. ................. . 1 S 37.2.3 PR�FESSIONAL VIDEOGRAPHERS ................................................................. I S 37.2.4 EQUIPMENT .........................................................�..............................................15 ' 37.2. 5 RECORDED INFORMATION, A UDIO ................................................................ 16 3 7.2. c5 RECORDED INFORMATION VIDEO ................................. ................................ 16 37.2.7 VIEWER 4RIENTATION ...................................................................................... 16 , 37.2.8 LIGHTING ............................................................................................................16 37.2. 9 SPEED UF TRAVEL ............................................................................................. 16 37.2.10 VIDEO LUG/INDEX ............................................................................................. 17 1 ' SECT'lON 1V i Revised: 5/11/2005 1 38 40 50 Section IV — Technical 5pecifications 37.2.11 AREA �F COVERAGE ......................................................................................... 17 37.2.12 COSTS �F VIDEO SERVICES..-� ......................................................................... 17 EROSION AND SILTATION CONTROL ----•--•---------• .................................................17 38.1 STABILIZATION OF DENUDE,D AREAS ................................................................. 17 38.2 PROTECTION AND STABILIZATION OF SOIL STOCKPILES ............................. 17 3$.3 PROTECTION OF EXISTING STORM SEWER SYSTEMS .................................... l7 38.4 SEDIlVIENT TRAPPING MEASURES ..................•--•.................................................. 18 38.5 SEDIMENTATION BASINS ....................................................................................... 18 38.6 WORKING IN OR CROSSING WATERWAYS OR WATERBODIES ...................... 18 38.7 SWALES, DITCHES AND CHANNELS .................................................................... 18 38.$ UNDERGROUND UTILiTY CONSTRUCTION ....................................................... 19 38.9 MAINTENANCE ......................................................................................................... 19 38.10 COMPLTANCE .............................................................................................................19 AWARD OF CONTRACT, WORK SCHEDULE AND GUARANTEE .................... 22 PROJECT INFORMATION SIGNS ............................................................................ 25 50.1 SCOPEANDPURPOSE ......................................�-•�----................................................25 50.2 TYPE OF PROJECT SIGN, FIXED OR PORTABLE ................................................. 25 50.3 FIXED SIGN .............................................................................•---............................... 25 50.4 P�RTABLE S1GNS ...................................................................................................... 25 50.5 SIGN COLORING ........................................................................................................ 2S 50.6 SIGN 1'LACEMENT .....................................................................................��-............ 2S 50.7 SIGN M.AINTENANCE ............................................................................................... 26 50.8 TYPICAL PR07ECT SI.GN .......................................................................................... 26 � SECTION 1V Revised:5/11/2005 ' 1 1 1 1 �] Section IV — Technical Specitications 1. SCOPE OF WORK SCOPE DESCRIPTION Project Name: 2009 Sidewalk Contract Project Number: 09-0039-EN ' Scope of Work: The work proposed in this contract includes the placement of new sidewalk in various locations throughout the City as shown on the City of Clearwater Engineering New Sidewalk Maps 1 and 2 together with the New Sidewalk matrix attached. Other work involves the removal and replacement of sidewalks and/or the installation of approved pedestrian warning ' surfaces in the areas shown on the Engineering Sidewalk Removal and Replacement Maps 1 through 10, Osceola Avenue Sidewalk Replacement Plan, Fort Harrisan Avenue Sidewalk Replacement Plan and the Remove and Replac� Sidewalk matrix attached. At the locations ' depicted on Sidewalk Removal and Replacement Maps 1 through 9 the Contractor will be required to remove and replace existing sidewalks as marked in the f eld by City Staff. The Contractor shall also remove and replace sidewalks and driveway portions described in the , Sidewalk Removal and Replacement Map 10, together with the Osceola Avenue and Fort Harrison Sidewalk Replacement plans. All new and replaced sidewalk shall meet the code requirements for ramp slope, running slope, cross-slope, truncated domes and the use of a tactile ' warning surfaces to meet F'lorida Building Code, Chapter 11, Florida Accessibility Code for Building Construction. Survey work by City Land Survey Division: The City will locate pr�perty corners to establish ' the right-of way in which the sidewalk is being installed. All other work related to the layaut and installation of the sidewalk is the sole responsibility of the Contractor. Type of Concrete to be used: All concrete ta be used shall be a minimum of 3,000 PSI. with fiber mesh reinforcing. Where sidewalks traverse driveways, Contractor shall also install 6" x 6"/ 10 x 10 welded wire mesh. Pre�-bid inspection of Work Sites: Work locations should be inspected by the Contractor prior to bidding. Video Tape: It is the responsibility of the Contractor to professionally videotape all work areas (See Sec. IV, Article 37). Resident Noti�cation: As per Section 1V Article 52, the Contractor shall notify residents in writing seven (7) days in advance of construction. Also, the Contractor shall provide sufficient staff to answer citizen inquiries. Completion of work in timely manner: At any specific sidewalk construction location, the Contractor's start to finish time for all work to be completed shall be no more than fifteen (15) days, unless the Contractor's work is unavoidably delayed by weather or circumstances not under the Contractor's control. An area will be deemed finished when all appropriate restoration SECTION IV Page 1 Revised: S/11/2005 Section IV —Technical Specifications activities have been accomplished as determined by the City's Project Inspector. Failure to meet this time schedule will result in the Contractor being directed to suspend the start of any new work until all ald work is completed. A longer time period may be allotted for exteraded new sidewalk installations. The City's Project inspector and/or Construction Manager will direct the order af work by areas in conjunction with the Contractor's construction representative. Coordination of Work with Contractor's Supervisor: This project has many work areas and will require close coordination between Contractar personnel and City staff. To facilitate this coordination, tbe City will require that the Contractor's job site foreman or superintendent have a cellular phone at all tirnes during normal working hours. The cost for this requirement is to be included in the overall unit foot cost of sidewalk. Notice hy Contractor to Inspector for location of work: The Contr�ctor shall prnvide the Project �nspector a minimum of 48 hours notice af the intended tirne and location of work. This will be strictly adhered to so that the Inspector can schedule inspections in advance. Payment: Payrnent �or services will be contained in the following contract bid items: New Sidewalks - l. Construct 4" Concrete Sidewalk (3,000 PSI with fiber mesh reinforcing); 2. Cor welded wire mesh); Excavate, grade and Signs �truct 6" Concrete Sidewalk (3,000 PSI r�vith fiber mesh reinforcing and 3. Root pruning; 4. Install Tactile Warning Surface (truncated domes); 5. sod ground surface to create swales; 6. Prepare, install and maintain Project Removal and Replacement Sidewalks for ADA Compliance — 7. Remove and replace 4" Concrete Sidewalk (3,000 PSI with fiber mesh reinforcing); 8. Remove and replace 6" Concrete Sidewalk (3,000 PSI with fiber mesh reinforcing and welded wire mesh); 9; lnstall Tactile Warning Surface (truncated domes); 10. Prepare, install and maintain Project Signs. Bus Pads as part of sidewalk: If sidewalk wark is to be adjace�at to an existing bus stap(s), the City may direct tk�e Contractor to construct a bus pad in conformance with the attached constructian detail l09 page 3 of 3. Payment for this work will be included in tl�e bid item for 6" reinforced (frber rnesh) concrete. Restoration of site and debris disposal: The Contractor shall at all times keep the work site free of debris caused by his work. Accurnulated debris shall be disposed of in compliance with the requirernents of the governing regulatory agencies. Disposal is to be included in the unit cost of sidewalk. Recycled material wei�ht will be reported to the construction inspector monthlY Protection of Adjacent property: When adjacent property is affected or endangered by work done under the contract, it shall be the responsibility of the Contractor to take whatever steps are necessary to protect said property. The project Inspector must be notified immediately in all such cases. Contractor's Employee Contact with Citizens: The Contractor shall conduct business in a professional manner and be courteous to citizens. Question that the Contractor cannot answer, or are of a controversial nature, should be forwarded to the project inspector. SECTION IV Page 2 Revised: 5/11/2005 1 ' �� ' 1 ' ' ' 1 , ' 1 ' 1 ' ' 1 � 1 5ection IV —Technical Specifications Removal of all barrier curbs: The City will carnply with the requirements of the Federal American Disabilities Act. As such, all barrier curbs will be ramped. Payment will be included in the bid item for removal and replacement of cor�crete to construct ramps where required. A tactile surface (truncated dome) adjacent to the pavement area on all ramps is required. Sod replacement and the Repair of Sprinkler systems: the Contractor shall replace Sod disturbed by project construction with tha cost included in other bid items. Replacement sod shall match existing type and be watered until growth is established. The Contractor is responsible to repair sprinkler systems damaged by project construction with the cost included in other bid items. Damaged sprinklers must be repaired and be functional prior to placement of new sod. Relacation of Utilities: If the relocation of utilities is necessary, it will be the responsibility of others unless arrangements are made with the Contractar for these services. All meter boxes (water, reclaimed, etc_) and fire hydrants should be relocated outside of sidewalk and driveway areas. The City's Water Division prefers to perfarm relocatian of said baxes and hydrants and requires three (3) days advance natice for relocation. The contact person for the Water Department is Glenn Daniel who can be contacted at (727) 562-4960, extension 7249. As the Contractor is expected to review all work locations prior to bidding, all such boxes and hydrants shauld be discussed at the pre-construction meeting so that proper coordination between the Contractor and Water Department is assured and no delay results. Preconstruction and Progress Meetings: A pre-construction conference shall be held to discuss project coordination, traffic control methods and other items of direct interest to the progress of this contract. The Constructian Manager rnay call regular progress meetings to discuss the project ar to work out prablems that may arise during the course of the work. Direction to Contractor: The Contractor is to only take dir�ction from the City's Praject InSpeclur an�l/ar Construction Manager to avoid confusion. Removal of Existing Sidewalks and Curbs: Removal of existing sidewalks and curbs is to be made either at a clean perpendicular saw cut ar at an existing expansion joint. Project Signs: The Contractor's attentian is called to the bid item for the project signs and Sectian IV, Article 50 of the project scope. Portable signs shall be used in this project by the Contractor at each active work site. Uvertime Inspection: Our Public Services Construction Division does not have sufficient funding to provide for overtime inspection. The Cantractor is required to perform all work that reyuires immediate inspection (particularly concrete pours) during normal hours. The Contractor can perform work that does not require immediate inspection at his own schedule. The Contractor will be charged $60.00 per hour for overtime inspection. SECTION IV Page 3 Revised: S!1 ]/2005 Section IV — Technical SpeciFcations Order and Priority of Work: The order and priority af the work will, in general, be established at the pre-construction conference. The Project Engineer, Project Inspector and Assistant Construction Manager reserve the right to alter the order of work as may be needed during the course of the contract with proper advarice notification to the Contractor. The work in each area shall be completed prior to moving to the next area. Root Pruning: Where proposed construction improvements invalve excavation and impact of the critical raot zone of protected trees, the Contractor shall be required to have an ISA certified arborist perform root pruning to reduce the impact of construction. The critical root zone is equivalent to a tree's drip line. Prior to any grubbing activities, the affected roots must be severed by clean pruning cuts at the point where grubbing or excavation impacts the root systeraa. Roots can be pruned by utilizing trenching equipraent designed far this purpose ar by hand digging a trench and pruning roots with a pruning saw, chain saw or other equipment designed for tree pruning. Roots located within the critical root zone that will be irnpacted by construction shall be pruned to a depth of 18 inches below existing grade or the depth of disturbance if less than 1$ inch�s from existing grade. The City's contact for root pruning issues is Tim Kurtz, Senior Landscape Architect, City Engineering Department, who can be reached at (727) 562-4737. In addition, a high impact plastic root barrier may be required by the City along the root-pruned area to deflect future root growth. The root barrier product ta be used is Siobarrier Root Control System or equivalent as specifed by City Public Services — Urban Forestry Division. It should also be understood that no vehicles, equipment or materials will be allowed within the critical root one of any existing trees or palrns. The cost for any required plastic barrier shall be included in the bid item price for root pruning. Ramps/Tactile Walking Surfaces: Where the sidewalk rneets the roadway, a ramp with a tactile surface (truncated domes), that meets all �'ederal A.D.A. requirements, shall be installed (See attached FDOT Jndex 30�, Page 6 of 6). Tactile walking surfaces (truncated domes) shall be procured from any of the City approved vendors listed in this contract. The color yellow shall be used on all tactile surfaces to be installed as part of this contract. Compliance with the Florida Building Code: Sidewalk cross slopes, running slope and ramp slopes shall be compliant with Chapter 11 of the Florida Suilding Code, listed below: (Maxirnum cross slope on a ramp is 1:50 or 2%) (Maximum cross slope of an accessible route is 1:50 or 2%) (M.axirnum running slope of an accessible route is 1:20 or 5%) (Maximum running slope of a ramp is l:12 or 8.3%) (Minimum clear width of a ramp is 36-inches) Sec. 4.$.6. Sec. 4.3.7. Sec. 4.3.7. Sec. 4.$.2. Sec. 4.8.3 Pay Items and Non-Specifiic Work: Work for which a specific pay item is not provided should be included in the most appropriate pay item given. SECTION iV Page 4 Revised: 5/11/2005 1 1 1 ' 1 �J 1 1 1 , ' 1 ' ' r � C� � 1 1 Section IV — Technical Specifications ' Traffic Control: Traffic Control: Trai�ic control shall be the responsibility of the Contractor, with the cost included in other bid items. Two-way traffic must be maintained at all times. Any necessary lane closure shall require proper signage in accordance with all applicable FDOT , standards. See Sec. IV, Article 44 of the project scope for additional traffic control details and specifications. A Maintenance of Traffic Plan shall be submitted to the City Traffic Operations Office and appraved prior ta the commencement of Maintenance of Traffic activities. 1 1 ' Erosion Control: For all areas of excavation, the Contractor shall be required to place sediment traps (such "GeoHay" or rock baskets) around all storm inlets within the scope of Che project and to rnaintain them until the work is completed (see Sectian IV, Article 38). The Contractor is to perform all construction activity so as to prevent soil erosion into adjacent roadways or drainage feature in accordance with City environrnental standards. Measurement of Contract Quantities: The Contractor shall provide the Project Inspectar a list ' of canstruction quantities on a daily basis and precedin� each payment. The informatian is needed to charge specifc budget cades within the City's capitol improvement progra►n. 1 �1 1 1 ' 1 Notice to Proceed: The notice to proceed will be issued at the pre-construction meeting. Start of Project Work: The Contractor shall begin project work within thirty (30) days of the execution of this contract. The City Altering Project Work: Quantities contained in the contract proposal are for the work in the de�ned areas. The order of work will be determined by the City at the pre-construction conference. The City reserves the right, as additianal funding may become available,-to extend the contract by change arder. Any such additional work shall be performed at the current contract prices. The Contractar may, at his discretion, choose not to perform additional work that he believes to be dangerous or not in keeping with the character of the known work in this contract. In addition, the City reserves the right to delete or alter project location ii' deemed necessary (see Section III, Article 10). Staging Area: The Contractor shall make provisions for his own staging areas. Written ' permission to use private properties for staging required and a copy must be farwarded to the City. All staging areas must be restored to their original cnndition or better. The Project Inspectar can assist the Contractor to deterrnine if any City properties are available ta use as staging areas. 1 1 ' 1 Mailboxes: The Contractor shall temporarily relocate any mailboxes disturbed by project work so that all residents can receive mail each day. Permanent replacements of the mailboxes by the Contractor shall conform to U.S. P�stal Service requirements. The cost for said relocation shall be included in the appropriate bid item price for sidewalk. SECTION 1V Page S Revised: 5/11/2005 Section IV — Technical Specifications Storage of Materials: The Project Inspector may authorize the storage of material in public right-of-way on streets where traffic will not be disrupted. Said storage areas must be kept small, be barricaded, and be swept daily. They must also be separated from traffic lanes, not hinder driveways, and cannot cause any erasion problems. Pedestrian traffic must be safely routed around all stored materials. The Contractor is responsible for restoring all storage areas to their original condition. New Sidewalk Installations: All new sidewalk placed as part of their contact shall be 4-feet in width, with ADA compliant ramps, unless otherwise noted. Project Safety: The Contractor shall take all necessary sa�ety precautions to protect the general public, City personnel, members of his work force, az�d property. The Contractor shall corraply with the latest OSHA requirernents. See Part 6.9 of Section �Ii for more speci�cs. Conflict Between the Plans and the Specifications: Whenever a conflict appEars between the plans and the specifications, the more stringent requirement shall apply (see Section IV, Article 35). Acceptance of the Wark: The Contractor is responsible for all work until final acceptance by the City. The Contractor shall warrant all project installations %r one year (See Section �II, Article 13.5). Contaet Person: Contact Steve Doherty at (727) 562-4773 for questions or concerns prior to the pre-construction.conference. Contact Perry Lopez at (727) 562-4509 after the pre-construction conference. SECTION IV Page 6 Revised: 5/] 1l2005 1 , ' � C� ' 1 1 'J ' 1 1 1 � r r � � 1 r � 1 1 ' ' 1 ' 1 1 ' ' �_ J � 1 1 1 , Section 1V — Technical Specifications 1.1 SCOPE OF WORK CHECKLIST Project Name: 2009 Sidewalk Contract Project Number: 09-0039-EN The following Articles of the Technical Specifications will apply to this contract if marked "X" as shown below: 1 Sco e Of Work 2.1 � Line, Grade And Record Drawin s— b Contractor 2.2 ❑ Line, Grade And Record Drawin s— b Ci 3 � De�nition Of Terms 4 � Order And Location Of The Work 5 Excavation For Underground Work 6 Concr�te 7 Excavation And Forms Far Cancrete Work 8 � Reinforcement 9 Obstructions 10 � Restoration �r Re lacement Of Drivewa s, Curbs, Sidewalks And Street Pavement 11 � Work In Easements Or Parkwa s 12 ❑ Dewatering 13 ❑ Sanita Manholes 14 ❑ Backfill 15 Street Crossin s, Etc. 16 Raising Or Lowerin Of Sanitar Sewer, Storm Draina e Structures 17 ❑ Unsuitable Material Removal 18 Underdrains 19 ❑ Storm Sewers 20 Sanita Sewers And k'orce Mains 21 ❑ Draina e 22 ❑ Roadwa Base And Subgrade 23 As haltic Concrete Materials 24 Ad'ustment To The Unit Bid Price For As halt 25 Generall'lantin S ecifications 26 ❑ Hd e Defarmed - Reformed Pi e Linin 27 ❑ Plant Mix Drivewa s 28 Re orting Of Tonna e Of Rec cled Materials 29 ❑ Concrete Curbs 30 Concrete Sidewalks And Driveways 3l Sodding 32 Seeding 33 ❑ Storm Manholes, Inlets, Catch Basins Or Other Storm Structures 34 Material Used 35 Conflict Between Plans And S ecifications 3b ❑ Street Si ns 37.1 ❑ AudioNideo Ta e Of Work Areas — b Cit 37.2 � AudioNideo Ta e Of Work Areas — b Contractor 38 � Erosion And Siltation Control SECTiON 1V Page 7 Revised: 5/1 ]/2p05 Section IV — Technical Specifications 39 ❑ LTtilit Tie In Location Markin 40 � Award Of Contract, Work Schedule And Guarantee 41 Water Mains and A urtenances 42 ❑ Gas S stem S ecifications 43 ❑ Tennis Courts 44 � Work Zone Traffic Control 45 ❑ Cured-In-Place Pi e Linin 46 ❑ S eci�cations for Polyeth lene Sli linin �7 ❑ S eci�cations for Polyvinyl Chloride Ribbed Pi e 48 Gunite S eci�cations 49 Sanitary and Storm Manhole Liner Restoration 50 � Praject Information Si s 51 Tn-T,ine �katin Surfacin System 52.1 ❑ Resident Notification of Start of Construction — by City 52.2 � Resident Notification of Start of Construction — by Contractor 53 ❑ Gabions and Mattresses 54 ❑ Lawn Maintenance S ecifications 55 ❑ Millin O erations 56 ❑ Clearin and Grubbing 57 ❑ Ri ra 58 ❑ Treatment Plant Safety 59 ❑ Traffic Signal E ui ment and Materials 60 ❑ Si nin And Markin 61 ❑ Roadwa Li htin 62 � Tree Protection 63 ❑ Pro'ect Web Pages , TTME: 120 DAYS SECTION TV Page 8 Revised: 5/11/2005 1 ' 1 �� , , 1 1 1 �� C� �� 1 , , ' 1 5ection IV — Technical Specifications 2. LINE, GRADE AND RECORD DRAWINGS 2.1 LINE AND GRADE SHALL BE PERFORMED BY THE CONTRACTOR Benchmarks to be used shall be those as shown on the plans. Cantrol points (for alignment only) shall be established by the Engineer. Contractor shall submit cut sheets for all underground work 24 hours in advance of commencement of the work far checking. Checking of cut-sheets does not relieve the Contractor of any responsibilities for any errors or conflicts whatsoever. Cut sheets shall be submitted in triplicate. The Contractor shall pravide three complete sets of Recard construction drawings, priar to final payment being made. 3. DEFINITION UF TERMS For the purpose of these Technical Specifications the following definition of terms shall apply: Ciry City of Clearwater, Pinellas County, FL. Engrneer ', The City En�ineer of the City of Clearwater, Pinellas County, Florida, or his authorized representative. Contractor The person, finm or corporation with whom this contract or agreement has been made by the City af Clearwater or its duly authorized representative. Inspector An authorized representative of the City Engineer of Clearwater, assigned to malce of�icial inspections of the rnaterial furnished and the work performed by the Contractor. F.D.O.T. The Standard Specifications for Road and Bridge Construction as Specificatrons issued by the Florida Department ofTransportation (latest English edition). A.A.S.H.T.O. American Association of State Highway and Transportation O�icials. A. W.S. American Welding Society , SEC7'lON IV , Page ) Revised: 5/ I 1 /2005 Section IV —Technical Specifications I�C�f►Mu� American Society for Testing Materials A.S.A. American Standards Association A.N.S.I. American National Standards Institute .�. American Water Works Association O.S.H.A. A. C.I. Occupational Safety & Health Administration American Concrete Institute Representative of Contractor The Contractor shall assign a responsible person or persons, one of whom shall be at the construction site at all times that work is progressing. The names and positions of these persons shall be submitted to ttae City Engineer at the time of the pre-construction conference. This person or persons shall not be changed without written approval of City Engineer. Estimated Quantities The Contractor's attention is called to the fact that the estimate of quantities as shown on the Proposal Sheet is approximate and is given only as a basis of calculation upon which the award of the contract is to be made. The City does not assume any responsibility that the f nal quantities will remain in strict accordance with estimated quantities nor shall the Contractar plead misunderstandin�s or deception because of such estimate of quanCities or of the character or location of the work or of other coraditions or situations pertaining thereto. 4. ORDER Al�jD LOCATION OF THE WORK The City reserves the right to accept and use any portion of the work whenever it is considered to the public interest to do so. The Engineer shall have the power to direct on what line ar street the Contractor shall work and order thereof. 5. EXCAVATION FOR UNDERGROUND WORK The Contractor is responsible to take all necessary steps to conduct all excavation in a manner which provides for the successful completion of the prapased work while at all times maintairaing the safety of the workmen, the general public and both public and private property. The Contractor's methods of work will be consistent with the standard practices and requirert�ents of all apprapriate Safety Regulatory Agencies, particularly the Occupational Safety and Health Administration (OSHA) requirernents for excavation. Unless otherwise specifically stated in these plans and specifications, the methods of safety control and compliance with regulatory agency safety requirernents are the full and complete responsibility of the Contractor. For the purpases of the Contractor's safety planning in the bidding process, the Contractor is to consider all excavation to be done in the performance af this contract to be in soil classified as OSHA "Type C". The Contractor's attention is called to specifc requirements of OSHA for SECTION 1V Pa�;e 10 Reviscd: 5/11/2005 1 ' ' � ' [� 1 , 1 1 ' ' 1 1 1 C� ' ' ' , Section IV — Technical Specifications L .J excavation shoring, employee entry, location of excavated material adjacent to excavation, the , removal of water from the excavation, surface encumbrances and in particular the requirement of a"Competent Person" to control safety operations. The Contractor will identify his Competent Person to City staff at the starC of construction. , City employees are required from time to time to perform inspections, tests, survey location work, or other similar activity in an excavation prepared by the Contractor. City staff in conformance with the OSHA Excavation Safety Requirements is to only enter an excavatian in ' compliance with these OSHA standards. The City's staff reserve the option to refuse entry into the Contractor's excavation if, in the opinion of the City's staff, the entry into the Contractor's excavation is unsafe or does not conform OSHA reyuirements. If this circumstanc� occurs, the ' Contractor must either provide the necessary safety requirements or provide alternate means for the accomplishment of the City's work at the Contractor's expense. The restoration quantities, if any, contained in the bid proposal for this contract to not contain ' suf�icient quantities to allow the Contractor to p�rform excavation work using strictly the "open cut" method whereby no shoring systems are used and trench side slopes are cut to conform to OSHA safety requirements without a shoring system. In addition to safety reasons, the ' Contractor is required to use excavation and trench-shoring methods in compliance with all safety reyuirements that allow the Contractor to control the amount of restoration work necessary to complete the project. ' Not more than one hundred (100) feet of trench shall be opened at one time in advance af the completed work unless written permission is received from the Engineer for the distance specified. For pipe installatian projects, the trench shall be six (6) inches wider on each side than ' the greatest external horizontal width of the pipe or conduit, including hubs, intended to be laid in them. The bottom of the trench under each pipe joint sha11 be slightly hollowed, to allow the body of the pipe to rest throughout its length. In case a trench is excavated at any place, � excepting at joints, below the grade of its bottom as given, or directed by the Engineer, the filling and compaction to grade shall be done in such rnanner as the Engineer shall direct, without compensation. � 6. CONCRETE Unless otherwise directed, all concrete work shall be performed in accordance with the latest , editions of the Design and Control of Concrete Mixtures by the Portland Cement Association, the American Concrete Institute, and FDOT's Standard Specitications. All appropriate testing shall be performed according to the American Society of Testin� Materials. ' Unless otherwise specified, all concrete shall have fiber mesh reinforcing and have a minimum compressive strength of 3000 p.s.i. at 28 days. The cement type shall be Typa I and shall conform to AASHTO M-$5. The aggregate shall confarm to ASTM C-33. All ready mix concrete ' shall conform to ASTM C-94. The slump for all concrete shall be in the range of 3" to 5", except when admixtures or special placement considerations are required. � The Contractor shall notify the Project Inspector a minimum of 24 hours in advance of all concrete placements. ' ' 1 All concrete shall be tested in the fallowing manner: Placement of less than 5 cubic yards (cy) shall be tested at the Engineer's discretion. Otherwise, for each class, for each day, for every 50 cy or part thereof exceeding 5 cy, one set of 3 compressive stren�th cylinders will be required (1 at 7 days and 2 at 28 days}. At the discretion S�CTION IV Page 11 Revised: 5/I l/2005 Section 1V — Technical Specifications of the Engineer, unacceptable test results may require the Contractor to provide further tEsts, as detertnined by the Engineer, to determine product acceptability, or need for removal, and cornpensation or denial thereof. 7. EXCAVAT�ON AND F4RMS FOR CONCRETE WORK 7.1 EXCAVATION Excavating for concrete work shall be made to the required depth of the subgrade or base upon which the concrete is to be placed. The base or subgrade shall be thoroughly compacted ta a point 6" outside said concrete work before the farms are placed. Concrete shall be poured "in the d�,�� 7.2 FORMS �'orms for concrete work shall be either wood or metal (except curbs, metal only, unless by written permission from Engineer). They shall be iree from warps or berads, shall laave a depth equal to the dimensions required for the depth of the concrete deposited against them and shall be of suf�icient strength when staked to resist the pressure of concrete without moving or spr�ngtng. 9. OSSTRUCTIONS Any pipes, canduits, wires, mains, faotings, driveways, or other structures encountered shall be carefully protected from injury or displacemEnt. The Cantractor to the satisfaction of the Engineer and the owner thereof thereto shall fully, promptly, and properly repair any damage. Should it become necessary to change the position of water or gas or other pipes, sewer drains, or poles, the Engineer shall be at once notified of the locality and circumstances, and no claims for darnages arising from the delay in adjusting the pipe, sewer drains or poles shall be rnade. Failure of the plans to show the location, nature or extent of any existing structures or obstructions shall not be the basis of a claim for extra work. Any survey monument or benchmark which must be disturbed shall be carefully referenced before removal, and unless otherwise provided for, shall be replaced upon completion of the wo?k by a registered land surveyor. Any concrete removed due to construction requirements shall be removed to the nearest expansion joinC or by saw cut. Contractor shall consult Inspector for the approved means. 14. REST4RATION OR REPLACEMENT OF DRIVEWAYS, CURBS, SIDEWALKS AND STREET PAVEMENT Driveways, sidewalks, and curbs destroyed or dama�ed during construction shall be replaced and shall be the same type of material as destroyed or damaged, or to existing City Standards, whichever provides the stronger repair. All street pavement destroyed or damaged shall be replaced with the same type of material, ta existing City Standards, unless the existing base is unsuitable as determined by the Engineer, then the base shall be replaced with City approved material. All replaced base shall be a minimum 8" compacted thickness or the same thickness as the base destroyed plus 2", if over 6", and compacted to 98% of maximum density per AASHTO T-180. Unless called for in the proposal materials and equipment required square yard of base. SECTION IV 1 , �] 1 � � 1 1 1 ' ' ' ' 1 � � as separate bid items, cost of the above work including labor, � shall be included in the bid price per lineal fbat of main or Page 12 Itevised:5/11/20�5 ' ' r � ' ' , 1 ' ' Section IV — Technical Specifications The bid price for street pavement, restoration or replacement when called for in the proposals, shall include all materials, labor and equipment required to complete the work, and shall be paid for on a square yard basis. When replacement is over a trench for utilities, the area of replacement shall be limited to twice the depth of the cut plus twice the inside diameter of the pipe. All over this will be at the Contractor's expEnse. The bid price for restoration or placernent of driveways, curbs and sidewalks, when called for in the proposals, shall include all rnaterials, labor and equipment required to complete the work and shall be paid for on the basis of the following units: Driveways, plant mix - per square yard: concrete - per square foot; curbs - per lineal foot; sidewalk 4" or 6" thick - per square foot. Cancrete walks at drives shall be a minimum of 6" thick and be reinforced with 6/6 X 10/10 welded wire mesh (alsa see Articles S and 30). The Contractor shall notify the Project Inspector a minimum of 24 hours in advance of a11 driveway, curb, sidewalk and street restoration and replacement work. ] 1. W�RK IN EASEMENTS OR PARKWAYS Restoration is an important phase of construction, particularly ta residents affected by the construction progress. The Contractor will be expected to cornplete restoration Activities within a reasonable time ' following primary construction activity. Failure by the Contractor to accomplish restoration within a reasonable time shall be justification for a temparary stop on primary construction activity or a delay in approval of partial payment requests. ' Reasonable care shall be taken for existing shrubbery. Contractor shall replace all shrubbery removed or disturbed during construction. No separate payment shall be made for this work. The Contractor shall make provision and be responsible for the supply of all water, if needed, on ' any and all phases of the contract work. The Contractor shall not obtain water fram local residents or businesses except as the Contractor shall obtain written permission. ' , 1 Reuse water.i�s available %r the Contractor's use without charge from the City's wastewater treatment plants, provided the water is used on City of Clearwater contractual work. Details for Contractor to obtain and reuse water from the treatment plants wi�l be coordinated at the pre-canstruction conference. The Contractor's use of reuse water must conform to all regulatory requirements. 28. REPORTING OF TONNAGE QF RECYCLED MATERiALS ' The State of Florida has impased strict requirements on Solid Wastes Handlers to decrease the generation of salid waste products and in particular to increase the amount of recycle products. ]n this regard, the City is required to determine the monthly total tonnage of all construction ' debris which is recycled in this contract. A recycled material is any material reused in any manner which diverts its alternative disposal ta a publicly assessable land�ll or by incineration. If a material, such as clean earth, is not normally dispased to a landfill or incineration, then it is ' not to be cansidered a recyclable material. The Contractor is required to include in each request for payment the total tonnage o� materials which were recycled by the contractor during the contract period far which the payment request is made. Any cost to the conCractor for the ' SEC'I'ION 1V I'age 13 Revised: 5/11/2005 , Section IV — Technical Spccifications development and submittal ofthis information is to be included in the contract items provided in the original contract proposa1. 30. CONCRETE SIDEWALKS AND DRIVEWAYS 30.1 CONCRETE SIDEWALKS Concrete sidewalks shall be constructed to the line, grade and dimensions as shown an the plans or herein specified. Unless otherwise noted, all concrete sidewalks shall have fiber mesh reinforcement and have a minirnum strength af 3000 p.s.i. at 28 days. Unless otherwise specified, all concrete sidewalks shall have a minimum width of four feet (4'). Cancrete sidewalks shall have a minimum thickness of four inches (4"), except at driveway crossings where a minirnum thickness of six inches (6") is required. Also, 6/6 X 10/10 welded wire mesh reinforcernent is required for all sidewalks that pass through driveways. The welded wire mesh shall be positioned in the middle to upper third of the placernent. No compensation shall be given if the welded wire mesh is not properly placed. Expansian joints shall be placed at intervals of not more than 100 hundred feet, and scoring marks shall be made every 5 feet. Concrete shall be poured only on compacted subgrade. Jn addition, all the requirements of City Articles 6, 7, and 8 shall also apply. 30.2 CQNCRETE DRIVEWAYS Concrete driveways, whether new construction or replacement, shall be a minimum of six (6) inches in thickness with 6/6 X 10/10 welded wire mesh reinforcement and a minimum horizontal distance between expansion joints of no 1ess than four (4) feet measured in any direction. The welded wire mesh shall be positioned in the middle to upper third of the placement. No compensation shall be given if the welded wire mesh is not properly placed. Concrete shall be poured only on compacted subgrade. in addition, all the requirements of City Articles 6, 7, and 8 shall also apply. The Contractor shall notify the Project Inspector a minimum af 24 hours in advance o�'the placement of all concrete sidewalks and driveways. 31. SODDING Unless otherwise noted herein, the Contractor shall place all sod, either shown an the plans or at the direction af the Engineer, in conformance with Sections 575, 981, 982 and 983 of FDOT's Standard Specifications (latest edition). The area for sod application shall be loosened and excavated to a suitable depth and finished to a grade compatible with existing grass and structures. Sod shall be placed with edges in clos� contact and shall be compacted to uniform finished grade with a sod roller immediately after placement. In sloped areas, the sod shall be graded and placed so as to prohibit erosion and undermining of the adjacent sidewalk. No sod that has been cut for more than 72 hours can be used unless authorized by the Engineer in advance. The sod shall be thoroughly watered immediately after placement. The Contractor shall continue to water sad as needed and/or directed by the .Engineer as indicated by sun exposure, soil, heat and rain conditions, to establish and assure growth, until termination of the contract. Dead sod, or sod not acceptable ta the Engineer, shall be removed and replaced by the Contractor at no additional campensation. Any questions concerning the type of existing sod shall be determined by the Engineer. SECTION 1V Page 14 Revised: 5/11/2005 � , 1 ' 1 C� � 1 ' 1 1 �' � 1 ' � ' � ' 1 Section IV — Technica{ Specifications Unless otherwise nated on the plans, payment far sod (including labor, equipment, materials, ' placement, ralling, watering, etc.) shall be included in other bid items. Payment far these associated bid items may be withheld until ttae Contractor provides the City a healthy, properly placed stand of grass. When this work is given as a separate bid item, it shall cover all labor, equipment and materials, (including water) required for this work and shall be paid for on the ' basis of each square foot in place and accepted. No payment far sod shall be made until the Contractor provides the City a healthy, properly placed stand of grass. 1 1 1 1 ' 34. MATERIAL USED All material incarporated into the final work shall be new material unless otherwise approved by the Engineer. If requested by the Engineer, the Contractor shall fumish purchase receipts of all materials. 35. CONFLICT BETWEEN PLANS AND SPECIFICATIONS Whenever a conflict appears between the plans and specifications, the more stringent requirement shall apply_ If a conflict is of such a nature as to reyuire a decisivn, then a written request for clarifcation must be made prior to starting that phase of construction. 37. AUDIO/VIDEO TAPE OF WORK AREAS 37.1 AUDIONIDEO TAPE OF W�RK AREA SHALL BE PREPARED BY THE CITY This project will nat require the preparation of an audio/video tape of work areas by the Contractor. 37.2 AUDIONIDE4 TAPE OF ALL WORK AREAS SHALL BE PREPARED BY THE CONTRACTOR 37.2.1 CQNTRACTOR TO PREPARE AUDI�pNIDEO TAPE Prior t� c�mmencing work, the Contractor shall have a continuous c�l�r audio/vide� tape ' recording taken along the entire length of the Project including all affected project areas. Streets, easements, rights-of-way, lats or construction sites within the Project must be recorded to serve as a record of pre-construction conditions. 1 ' 37.2.2 SCHEDULING �F AUDIONIDEO TAPE The video recordings shall not be made more than 21 days prior to construction in any area. 37.2.3 PROFESSIONAL VIDEOGRAPHERS The Contractar shall engage the services af a professional videographer. The color audio ' videotapes shall be prepared by a responsible comrnercial firm known to be skilled and regularly engaged in the business of pre-construction color audio-video tape documentation. � ' , 37.2.4 EQUIPMENT The Contractor shall furnish all equipment, accessories, materials and labor to perform this service. The total audio video system shali reproduce bright, sharp, clear pictures with accurate SECTION IV Page 15 Revised: 5/11/2005 Section IV — Technical Specifications colors and shall be free frorn distortion, tearing, rolls or any other form of imperfection. The audio portion of the recording shall reproduce the cornxnentary of the carnera operator with proper volume, clarity and be free from distortion and interruptions. ln some instances, audio videotape coverage may be required in areas not accessible by conventional wheeled vehicles. Such coverage shall be obtained by walking. 37.2.5 RECORDED INFORMATION, AUDIO Each tape shall begin with the current date, project name and be followed by the general location, i.e., viewing side and direction of progress. Accompanying the video recording oF each videotape shall be a corresponding and simultaneously recorded audio recarding. This audio recording, exclusively containing the commentary of the camera operator or aide, shall assist in viewer orientation and in any needed identification, differentiation, clarification, ar objective description of the features being shown in the video portion of the recording. The audio recording shall also be fre� from any conversations. 37. 2.6 RECORDED INFORMATI�N VIDEO All video recordings must continuously display transparent digital information to include the date and time o:f recording. The date information shall cantain the month, day and year. The time information shall contain the hour, minutes and seconds. Additional information shall be displayed periodically. Such information shall include, but not be limited to, project name, contract number, direction of travel and the viewing side. This transparent information shall appear on the extreme upper left hand third of the screen. Camera pan, tilt, zoom-in and zoom out rates shall be sui�ciently controlled such that recorded objects will be clearly viewed during videotape playback. Tn addition, all other camera and recording system controls, such as lens focus and aperture, video level, pedestal, chrome, white balance, and electrical focus shall be properly controlled or adjusted to maximize picture quality. The construction documentation shall be recorded in SP made. VIEWER ORIENTATION The audia and video portions of the recording shall maintain viewer orientation. To this end, overall establishing views of all visible house and business addresses shall be utilized. In areas where the proposed construction locatioii will not �e x-eadily apparent to the videotape viewer, highly visible yellow flags shall be placed, by the Contractor, in such a fashion as to clearly indicate the proposed centerline of construction.0 When conventional wheeled vehicles are used as conveyances for the recording system, the vertical distance between the camera lens and the �raund shall not exceed 10 feet. The carnera shall be fir►nly mounted such that transport of the camera during the recording process will not cause an unsteady picture. LIGHTING All taping shall be done during time of good visibility. No taping shall be done during precipitation, mist or fog. Tl�e recording shall only be done when sufficient sunlight is present to properly illurninate the subjects of recording and to produce bright, sharp video recordings of those subjects. SPEED OF TRAVEL The average rate of travel during a particular segment of covera�e shall be directly propartional to the number, size and value of the surface features within that construction areas zane af SECTIONIV Page 1G Revised:5/11/2005 1 1 ' , ' 1 ll ' 1 1 � �� ' 1 1 ' C� � 1 1 1 Section IV — Technical Specifications influence. The rate of speed in the general directian of travel of the vehicle used during taping shall not exceed 44 feet per minute. VIDEO LOG/INDEX ' All videotapes shall be pertnanently labeled and shall be properly identified by videotape number and project title. Each videotape shall have a log of that videotape's contents. The log shall describe the various segments of coverage contained on the video tape in terms of the names of ' the streets or location af easements, coverage beginning and end, directions of coverage, video unit counter numbers, engineering survey or coordinate values (if reasonably available) and the date. ' AREA OF COVERAGE Tape coverage shall include all surface features located within the zone of influence of t construction supported by appropriate audio coverage. Such coverage shall include, but not be limited to, existing driveways, sidewalks, curbs, pavements, drainage system features, mailboxes, landscaping, culverts, fences, signs, Contractor staging areas, adjacent structures, etc. , within the area covered by the project. Of particular concern shall be the existence of any faults, fractures, or defects. Taped coverage shall be limited to one side af the Site, street, easement or right of way at any one time. 1 1 ' � 1 ' L 1 1 ' 1 COSTS OF VIDEO SERVICES The cost to cornplete the requirements under this section shall be included in the contract items provided in the proposal sheet. There is no separate pay item for this work. 38. EROSION AND SILTAT��N CONTROL 38.1 STABILIZATION OF DENUDED AREAS No disturbed area rnay be denuded for more than thirty (30) calendar days unless oth�rwise authorized by the City Engineer. During construction, denuded areas shall be covered by mulches such as straw, hay, filter fabric, seed and mulch, sod, or some other permanent vegetation. Within sixty (b0) calendar days after final grade is established on any portion of a project site, that portion af the site shall be provided with established permanent soil stabilization measures per the original site plan, whether by impervious surface or landscaping. 38.2 PROTECTION AND STABILIZATION OF SOIL STOCKPILES Fill material stockpiles shall be protected at all times by on-site drainage controls which prevent erosion of the stockpiled material. Control of dust fram such stockpiles may be required, depending upan their location and the expected length of time the stockpiles will be present. Tn no case shall an unstabilized stackpile remain after thirty (30) calendar days. 38.3 PROTECTIQN OF EXISTING STORM SEWER SYSTEIWIS During construction, all storm sewer inlets in the vicinity of the project shall be protected by sediment traps such as "GeoHay", rock baskets, sod, stone, etc., which shall be maintained and SECTIUN 1V Page 17 Revised: 5/11/2U05 Section ]V —Technical Specifications modified as required by construction progress, and which must be approved by the City Engineer before installation. 38.4 SEDIMENT TRAPPING MEASURES Sediment basins and traps, perimeter berms, flter fences, berms, sediment barriers, vegetative buffers and other measures intended to trap sediment and/or prevent the transport of sedirnent onto adjacent properties, or into existing water bodies; rnust be installed, constructed, or, in tlte case of vegetative buffers, protected from disturbance, as a f3rst step in the land alteration process. Such systems shall be fully operative and inspected by the City before any other disturbance of the site begins. Earthen structures including but not lirnited to berms, earth filters, dams or dikes shall be stabilized and protected from drainage damage or erosion within one week of installation. 38.5 SEDIMENTATION BASINS Areas of 3 acres or more shall be required to have temporary sedimentation basins as a positive remedy against downstream siltation and will be shawn and detailed on construction plans. During development, permanent detention areas may be used in place of silt basins provided they are maintained to the satisfaction of the City. The Contractor will be required to prohibit discharge af silt through the outfall structure during construction of any detention area and will be required to clean out the detention area before installing any permanent subdrain pipe. In addition, permanent detention areas must be totally cleaned out and operating properly at final inspection and at the end of the one year warranty period. When temporary sedimentation basins are used, they shall be capable at all times af containing at least one (1) cubic foot of sediment for each one hundred (1.00) square feet of area tributary to the basin. Such capacity shall be maintained throughout the project by regular removal of sediment from the basin. 38.6 WORKING IN OR CROSSING WATERWAYS OR WATERBODIES Land alteration and construction shall be minimized in both permanent and intermittent waterways and the immediately adjacent buffer of 25 feet fiom top of bank of the waterways and thc buffcr arca whcncvcr possible, and barriers shall be used to prevent access. Where in channel work cannot be avoided, precautions must be taken to stabilize the work area during land alteration, developrnent and/or construction to minimize erosion. If the channel and buffer area are disturbed during land alteration, they must be stabilized within three (3) calendar days after the in channel work is completed. Silt curtains or ather filter/siltation reduction devices must be installed on the downstream side of the in channel alteration activity to eliminate impacts due to increased turbidity. Wherever stream crossings are required, properly sized temporary culverts shall be provided by the Contractor and removed when construction is compleCed. The area of the crassing shall be restored to a condition as nearly as possible equal to that which existed prior to any construction activity. 38.7 SWALES, DITCHES AND CHANNELS All swales, ditches and channels leading from the site shall be sodded within three (3) days of excavation. All other interior swales, etc., including detention areas will be sodded prior to issuance of a Certificate of Occupancy. SEC'I'1ON IV Page 18 Revised: 5/] 1/2005 � 1 1 ' ' 1 1 1 ' � 1 ' 1 1 � 1 1 ' 1 1 ' Section IV — Technical Speci#ica[ions 38.8 UNDERGRDUND UTILITY CONSTRUCTION ' The construction of underground utility lines and other structures shall be done in accordance with the following standards: ' a. No more than 400 lineal feet of trench shall be open at any one time; b. Wherever consistent with safety and space consideration, excavated material shall be cast ta the uphill side of trenches. Trench material shall not be cast into or onto the slope of , any stream, channel, road ditch or waterway. 38.9 MAINTENANCE ' All erosion and siltatian control devices shall be checked regularly, especially after each rainfall and will be cleaned aut and/or repaired as required. ' 38.10 C�MPLIANCE Failure to comply with the aforementioned reyuirements may result in a fine and/or more , stringent enforcement procedures such as (but not limited to) issuance of a"Stop Work Order". City of Clearwater Standard Detail Drawings No. 601 and 607 ar� examples of accepted methods that may be used or required to control erasion and siltation. 1 1 1 r � � � � � 1 SECTION 1V Pagc 19 Revised: 5/1 I/2005 1 Section iV — Technical Specifications City of C�earwater - Erosion Control This notice is to inform the pri�[x�e Contractor that the City of Clearwater holds them responsible for soil erosion control on their site. The City of Clearwater Public Works Department has the responsibility to miniXaaize the amount of soil erosion into the City's streets, storm sewers and waterways. The construction of a new residence or connmercial site and major remodeling of an existing site creates a potential for soil erosion. These instances . are usually the result of conCractors and subcontractors accessing the property with equipment or construction materials. Then rainstorms redistribute the eroded soil into the adjacent streets, storm systetns and waterways_ When erosion takes place, a Planning & Development Services Tnspector or a Public Works Inspector will place a correction notice at the site. The procedure will be as %llows: 1 st accurrence - Warning 2nd occurrence - $32 reinspection fee 3rd occurrence - $8� reinspection fee 4t1a occurrence - Stop work order Dependent on the severity of the erosion, the City's Public Works Administration Department rnay elect to rectify the erosion problem and charge the Contractor accordingly. The attached drawings and details are recommendations far the Contractor to use as means to support the site from eroding. The Contractor may elect to shovel and sweep the street daily or on an as needed basis. However, erosion must be held in check. [f the Contractor would like to meet with a Public Works inspector on any particular site, please contact Construction at 462-b126 or Planning & Developrnent Services at Sb2-4741. Erosion Control .k�equired - City of Clearwater's Code of Ordinances requires erosion control on all land development projects. Erosit�n control must be in place and maintained throughout the job. Failure to do so may result in additional costs and time delays to the permit halder. Contact Public Works Administration wiCh specific questians at 562-4750. SECTION IV Pa�e 20 1 ' � ' 1 L.l ' ' 1 1 1 1 1 1 1 ' ' Revised:5/11/2005 ' 1 � � � � � � � � � � � � � � � � � � � Section IV — i`echnical Specificakions CITY OF CLEARWATER NOTICE OF EROSION VIOLATION UNDER SECTION 3-7U 1(DIVISION 7— EROSION AND SILTAT�ON CONTROL} OF THE CITY OF CLEARWATER CODE OF ORDINANCES, THIS SITE HAS BEEN FOUND fN VIOLATION. THIS SITE MUST BE RE5TORED TO AN EROSION CONTROLLED SITE PRIOR TO ANY FURTHER DEVELOPMENT TO CONTINUE. Waming $32.00 Reinspection Fee $$0.40 Reinspection Fee Stop Work Order DATE POSTED: Inspectar's Name: Inspector's Signature: CITY OF CLEARWATER PLANNING & DEVELOPMENT SERVICES 727 562-4741 & PUBLIC SERVICESICONSTRUCTION 727 462-G126 Recei�ed by: [Signature indicates only a copy of this notice has 6een recei�ed and does not in any way indicate admissian of guilt or concurrence witn findings of the inspector.) IT IS A VIOLATIOK TO REM�VE TffiS NOTICE ANY UNAUTH�RIZED PERSON REMOVING THIS SIGN WILL BE PR05ECUTED SECTION IV Page 21 Re�ised: 511112fl05 Section IV — 1'echnical Speciiications PROJECT: 2009 Sidewalk Contract , , (09-0039-EN) 1 40. AWARD OF CONTRACT, WORK SCHEDULE AND GUARANTEE ' it will be reyuired that the work will comrnence not later than five (5) calendar days a$er the Engineer gives written notice to proceed, which natice shall be given as outlined in Article 2- General Conditions. It is further required that all work within this contract be completed within 120 cansecutive calendar days. Contract date shall commence at issuance of notice to proceed. If the Contractor fails to complete the work within the stipulated time, the City will retain the amount stated in the Contract, per calendar day, for each day that the contract remains incomplete. The work shall be discontinued on Saturdays, Sundays, and approved Holidays. If it becomes necessary for the Contractor to perforrn wnrk on �aturdays, �unda.y�, and approved City of Clearwater Em}aloyee Holidays, that in the opinion of the Assistant Public Services Director, will require th� presence of Inspectors, the Contractor shall pay the City of Clearwater, Florida, the amount of Three Hundred Twenty Dollars ($320.00) per eight-hour day for each Inspector given such assignment. The Contractor shall remedy any defects in the work at his own expense and pay for any damage to other work resulting there from which appear within a period of one year from the date of final acceptance. 44 WORK ZONE TRAFFIC C�NTROL 44,1 CONTRACTOR RESPONSIBLE FOR W�RK ZONE TRAFFIC CONTROL The Contractor shall be responsible to furtaish, operate, maintain and remove all work zone traffic control associated with the Praject, including detours, advance warnings, channeli�ation, hazard warnings and aray ather necessary features, both at the imrnediate work site and as may be necessary at outlying points. � 44.2 WORK ZONE TRAFFIC CONTROL PLAN The Contractor shall prepare a detailed traf�ic control plan designed to accomplish the level af performance outlined in the Scope of the Work and/or as may be required by construction permits issued by Pinellas County and/or the Florida Department of Transportation for the Project, incorporating the methods and criteria contained in Part Vl, Standards and Guides for Traf�ic Controls for Street and Highway Construction, Maintenance, Utility and Incident Management Operations in the Manual on Uniform Traffic Control Devices published by the U.S. Departrnent of Transportation and adopted as amended by the �'lorida Department of Transportation, or most recent addition. 44.2.1 WORK ZONE SAFETY The general objectives of a program af work zone safety are to protect workers, pedestrians, bicyclists and motorists during construction and maintenance aperations. This general objective may be achieved by meeting the following specific objectives: • Provide adequate advance warning and information regarding upcoming work zones. SECTION IV Page 22 Revised: 9/22/OS , 1 1 1 1 ' 1 ' ' 1 1 1 ' ' ' � 1 1 �1 J 1 1 1 1 Section 1V —Technical Specifications • Provide the driver clear directions to understanding the situation he will be facing as he proceeds through or around the work zone. • Reduce the consequences of an out of control vehicle. • l'rovide safe access and storage for equipment and material. • Promote speedy completion of projects (including thorough cleanup of the site). • Aromate use of the appropriate traffic control and protection devices. • Provide safe passageways for pedestrians through, in, and/or around construction or maintenance work zones. The 2004 Design Standards (DS), Index 600 "When an existing pedestrian way or bicycle way is located within a traffic control work zone, accommodation must be maintained and provision for the disabled must be provided. Only approved temporary traffic control devices may be used to delineate a temporary traffic control zone pedestrian walkway. Advanced notification of sidewalk closures and detaurs marked shall be provided by appropriate signs". 2Q04 Standard Specifications for Road and Sridge Construction 102-5 Traffic Control: 102-5.1 Standards: FDOT Design Standards (DS) are the minimum standards for the use in the development of all traffic control plans 44.3 ROADWAY CLOSURE GUIDELINES Roadway types: Major Arterials, Minor Arterials, Local Coll�ctors, and Local , Following are typical requirernents to be accamplished prior to closure. The number of requirernents increase with tra .ffic valume and the importance of access. Road closures affecting business or sole access routes will increase in process requirements as appropriate. For all but , local streets, no road or lane closures are allowed during the Christrnas holiday season and the designated "Spring Break" season withaut prior approval by the City Engineer. 44.3.1 ALL ROADWAYS Obtain permits far Pinellas County and Florida Department of Transportation roadways. Traffic control devises conform to national and state standards. CL'��+�i1��1:�� iC•��I•J,�L•1.J Standard property owner notification prior to start of construction for properties directly affected by the construction process. 44.3.3 MAJOR ARTERIALS, MINOR ARTERIALS, LOCAL COLLECTORS Consult with City Traffic staff for preliminary traffic control options. Develop Formal Traffic Control Plan for Permit Submittal to Regulatory Agency as necessary. 44.3.3.1 PUBLIC NOTIFICATI�N Message Board Display, Minimum of 7-day natice period prior to road closure and maybe longer for larger highway. The message board is ta be provided by the Contractor. SECT70N 1V Page 23 Revised: 9/22/OS Section 1V — Technical Specifications 44.4 APPROVAL OF WORK ZONE TRAFFIC CONTROL PLAN The Contractor is invited and encouraged to confer in advance of bidding, and is required, as a specification of the work, to confer in advance of beginning any work on the Aroject, with the Office of the Traf�ic Engineer, Municipal Services Building, 100 South Myrtle Avenue, telepk�one 562-4'7'15, for the purpose of approval of the Contractor's proposed detailed traffic control plan. 44.5 INSPECTION OF WORK ZONE TRAFFIC CONTROL OPERATION The Office of the Traffic Engineer may inspect and monitor the trafiic control plan and traffic control devices of the Contractor. The City's Construction lnspector assigned to the project may make known requirements for any alterations ar adjustments to the traffic control devices. The Contractor shall take direction from the Project Engineer or Project Inspectar. 44.6 PAYMENT FOR WORK ZONE TRAFFIC CONTROL Payment for work zone traffic control is a non-specific pay item to be included in the construction costs associated with other specific pay items unless specifically stated otherwise in the Scope of Work in these Technical Specifications and a bid item(s) is included for Work Zone Traffic Control in the proposal form. 44.7 CERTIFICATION 4F WORK ZONE TRAFFIC CONTROL SUPERVISOR The City may require that the Supervisor or Foreman controlling the work for the Contractor on the Project have a current International Municipal Signal Association, Work Zone Traffic Control Safety Certification or Warksite Traffic Supervisor Certi�cation from the American Tra�c Safety Association with additional current Certi�cation from the Florida Department of Transportation. This requirement for Certification will be noted in the Scope of Work and/or sections of these Technical Specifications. When the certified supervisor is required for the Project, the supervisor will be on the Project site at all tirr�es while work is being conducted. The Worksite Trat�ic Supervisor shall be available on a 24-hour per day basis and shall review the project on a day-to-day basis as well as being involved in all changes to traf�ic control_ The Worksite Traffic Supervisor shall have access to all equipment and materials needed to maintain traffic control and handle traffic related situations. The Worksite Traffic Supervisor shall ensure that routine deficiencies are corrected within a 24-hour period. The Worksite Traffic Supervisor shall be available on the site within 45 minutes after notification of an emergency situatian, prepared ta positively respond to repair the work zone traffic control or to provide alternate traffic arrangements. Failure of the Worksite Traffc Supervisor ta comply with the provisions of this Subarticle may be grounds for decerCification or removal from the project or both. Failure to maintain a designated Worksite Tra .ffic Supervisor or failure ta comply with these provisions wi11 result in temporary suspension of all activities except traffc ar�d erosion control and such other activities deemed to be necessary for project maintenance and safety. SECTION IV Page 24 Revised: 9/22/OS 1 1 , 1 ' 1 �� ll ' 1 1 1 ' ' 1 ' ' r � � LJ � CJ �1 , 1 1 , 1 1 1 ' 1 � Section 1V — Technical Specifications 50. PROJECT INF�RMATION SIGNS 50.1 SCOPE AND PURPOSE The City desires to infortn the general public on the City's use and expenditure of public funding for general capital improvement and maintenance projects. To help accomplish this purpose, the Contractor is required to prepare and display public project information signs during the full course of the cantract period. These signs will be displayed at all location(s) of active work. 50.2 TYPE OF PROJECT SIGN, FIXED OR PORTABLE Sign type shall be "fixed" on stationary projects and "portable" on projects which have extended lacations or various locations. Payment to Contractor for the preparation, installation and management of praject sign(s) shall be lump sum for the entire project. The number of and type of signs will be stated in the Scope of the Work section of the contract documents. Lump sum item will be included in the bid proposal for signs. The particular wording to be used on the signs will be determined after contract award has been approved. Contractar will be provided the wording to be used on sign at the preconstruction conference. 50.3 FIXED SIGN Fixed sign shall be 4' by 8' in size and painted on a sheet of exterior �rade plywood of the same size and a minimum thickness of 1/2". Sign shall be attached to a minimum of three pressure treated 4" by 4" below grade pressure treated wooden posCs and braced as necessary for high winds. Pasts shall be long enough to provide secure ancharing in the ground. Sottom of sign must be a minimum of 24" above the ground. Alternate mounting system or attachm�nt to fencing or ather fixed structure can be considered for approval. Sign shall be painted white on both sides with exterior rated paint. 50.4 PORTABLE SIGNS Portable sign shall be a minirnum of 24" by 30" in size and will be attached to a standard sized portable traffic barricade. Sign material shall be aluminum, 0.080" or thicker, background of white reflective sheeting, and shall be silkscreen or vinyl lettering. Portable sign shall be two signs located and attached to each side of the traffic barricade. 50.5 SIGN COLORING Background shall be white. Project Descriptive Name shall be in blue lettering. All other lettering shall be black. Sasic lettering on sign shall be in all capital letters, of size proportional to the sign itself. 50.5 SIGN PLACEMENT Signs shall be placed where they are readily visible by the general publics that pass by the project site. Signs are not to be placed where they may become a hazard or impediment to either pedestrian or vehicular traffic. For construction projects outside of the City's right-of-way, the signs will be placed on the project site_ For projects constructed inside of the City's right-of-way, the signs will be placed in the right-of-way. Portable signs are to be rnoved to the locations of active work on the project. Multiple portable signs will be necessary where work is ongoing in SECTION IV Page 25 Revised: 9/22/OS Section IV —Technical Spccifcations several locations at the same time. Fixed signs are to be placed at the start of construction and will remain in place until the request for final payment. 50.7 SIGN MAINTENANCE The Contractor is responsible for preparation, installation, movement, maintenance, replacement, removal and disposal of all projecC signs during the full course of the contract period. The Contractor will place and secure portable signs from dislocation by wind or other actions. Signs are to be cleaned as n�cessary to maintain legibility and immediately replaced if defaced. 50.8 TYPICAL PROJECT SIGN 2009 SIDEWALK CONTRACT (09-0039-E1� A CITY OF CLEARWATER PUSLTC WORKS PROJECT � Contractor: �� City Project Manager Scheduled Completion Date Funding provided by: 52 RESIDENT NOTIFICAT�ON OF START UF CONSTRUCTION 52.1 RESIDENT NOTIFICATION PERFORMED BY CITY See below far Resident Notification performed by the Cantractor. 52.2 RESIDENT NOTIFICATION PERFORMED BY C�NTRACTOR The Contractor shall notify all residents along the construcCion route with a printed daar hanger notice indicating the following information about the proposed construction work and the Contractor performing the work: City seal or logo; the scheduled date for the start of construction; the type of construction; general sequence and scheduling of construction events; possibility of water service disruption and/or colored water due to construction efforts; Contractor's name, the Superintendent's name, Co.ntractor address and telephone number; Contractor's company logo (optional); requirement for residents to remove landscapin� and/or other private appurtenances which are in conflict with the proposed construction; and other language as appropriate to the scope of Contract work. The sample door hanger including proposed language shall b� approved by the City prior to the start of construction. Notifacation shall be printed on brightly colored and durable card stock and shall be a minimurm of 4'/a by 11 inches in size. Notification (door hanger) shall be posted to residences and businesses directly affected by the Contractor's activities no later than 7 days prior to the start of construction SECTIpN iV Pa�e 2G Revised: )/22/OS 1 , 1 1 1 1 ' 1 ' , ' 1 1 1 1 ' 1 Section 1V —'fechnical Specifcations activity. Directly affected by the Contractor's activities shall mean all Contractor operations including staging areas, equipment and material storage, principal access routes across private property, etc. Contractor cannot start without the praper 7-day notice period to residents. Contractor is required to maintain sufficient staff to answer citizen inquiries during normal business hours and to maintain appropriate rnessage recordin� equipment to receive citizen inquires after business hours. Resident notification by the Contractor is a non-specific pay item to be included in the bid items provided in the contract proposal. EXAMPLE CITY SEAL Of CITY OF CLEARWATER NOTICE OF CONSTRUCTION TODAY'S DATE: / / PLEASE EXCUSE US FOR ANY INCONVENIENCE We are the canstruction contractor performing (state type of contract) for the City of Clearwater in yaur area. The work will be performed in the public right-of way adjacent to your property. This notice is placed a minimum of 7 days in advance of construction to notify property owners di the pending start of construction. (Brief description of the construction process to be expected by lhe property owners) The construction process rnay necessitate the removal of certain items fram the right-of-way. The contractor will replace typical items such as sprinklers, grass, and postal approved mailbaxes within a reasonably short period of time. The replacement of driveways and sidewalks will be made using standard asphalt or concrete materials. The property owner is responsible for the expense and coordination to replace driveways and sidewalks that have customized colors, textures and/or materials. Small trees, shrubs, landscaping'materials, unauthorized mailboxes or structures within the right-of-way that must be rernoved due to the construction process will not be replaced. The property awner is responsible to relocate any such items that the property owner wishes ta save prior to the start af construction. Vehicles parked an the streets or within the right- of-way may be required to be placed elsewhere. We are available to answer any questions you may hav� regarding the constt'uction process or any particular item that must be relocated. Please cantact our Construction Superintendent at ('127) . We will be more than happy to assist you. Construction is anticipated to begin on: Company Name Company Address Contractor Phone Number ' SECTION IV Page 27 Revised: 9/22/OS , Section IV —Technical Specifiications G2 TREE PR�TECTION 62.1 TREE BARRICADES A. A protective barrier shall be placed around all protected trees and palrns prior to land preparation or construction activities within or adjacent to the work zone, including all staging and/or lay down areas. Protective barriers shall be installed as follaws: 1. At or greater than the full drip line of all species of Mangraves and Cabbage Palms. 2. At or greater than the full drip line or all protected native pine trees and other conifer species. 3. At or greater than two-thirds of the drip line of all other protected species 4. At or greater than the full drip line of trees within a specimen tree stand. B. Protective barriers are to be constructed using na less than two-inch lumber for upright posts. Upright posts are to be at least four feet in length with a minimum of one foot anchored in the ground. Upright posts are to be placed at a maximum distance af eight feet apart. Horizontal rails are to be constructed using no less than one inch by four-inch lumber and shall be securely attached to the top of the upr,ight post. The project City's representative must approve any variation fram the abova requirements. C. Whenever a protective barrier is required, it shall be in place until all construction activity ,is terminated. The area within the barrier limits shall remain undisturbed by any activity during construction. Native ground cover and understory vegetation existing within the barriers shall remain throughout construction. Exotic plant species may only be removed by manual labor utilizing hand tools or by other means if authorized in writing by the City's representative. D. Priar to the erection of any required protective barrier, all surface foreign material, trash or debris shall be removed from the area enclosed by the barrier, and afier erection of the barrier no such material or litter shall be permitted to remain within the protected area. No equipment, chemicals, soil deposits or construction materials shall be placed within such protective barriers. �. No signs, buildia�g pertnits, wires, or ather attachuient5 �f any kind shall be attached to any protected tree or palrn. F. At all times, due care shall be taken to protect the critical root zone of trees protected by this section, and root pruning requirements shall apply to such trees. 62.2 ROOT PRUNING A. Where proposed construction iznprovements involve excavation and/or impacts to the critical root zone of protected trees, the Cotatractor shall be required to have an Internationa] Society ofArboriculture (ISA) certified arborist perform, or directly supervise root pruning to reduce the impacts of construction. The critical root zone is equivalerat to the tree's dripline. Prior to any clearing, grubbing or excavation activities, the affected roots rnust be severed by clean pruning cuts at the point where grubbing or excavation impacts the roat system. Roots can be pruned utilizing specified root pruning equipment designed for that purpose or by hand digging a trench and pruning roots with a pruning saw, chain saw or other equipment designed for tree pruning. Root pruning by trenching eyuipment or excavation equipment is strictly prohibited. Raots located in the critical root zone that will be innpacted by SEC'I'lON IV Page 28 Revised: 9/22/OS ' LJ ' ' ' ' , �_J ' ' 1 � 1 1 ' ' ' 1 ' ' 1 ' 1 1 Seckion IV -- Technical Specifications construction activities shall be pruned to a minimum depth of 18 inches below existing grade or to the depth of the proposed impact if less than 18 inches from existing grade. Tim Kurtz, Senior Landscape Architect is the City's Representative on Public Works projects for root Pruning issues and can be reached at (727) 562-4737, ar through the construction inspectar assigned to the project. B. Root pruning shall only be preformed by or under the direct supervision of an lnternational Society of Arboriculture (ISA) certified arborist. C. Any proposed root pruning trenches shall be identified on site (i.e. staked or painted) inspected and approved by the City's representative prior ta actual root pruning. ' D. Root pruning shall be prefornaed as far in advance of other construction activities as is feasible, but at a minimum shall be performed prior to ANY impacts to the soil. Assaciated tree protection measures should be implemented upon completion of said root pruning. , E. If there is a likelihood of excessive wind and/or rain exceptional care shall be taken on any root pruning activities. F. Root pruning shall be limited ta a minimum of ten inches per one inch of the trunk diameter , from the tree base. Any exception must be approved by the City's representative prior to said root pruning. ' G. Roots shall be cut cleanly, as far from the trunk of the tree as passible. Root pruning shall be done to a minimum depth of 1 S" from existing grade, or to the depth of the disturbance if less than 18". ' H. Root pruning shall be perforrned using a Doscocil Root Cutting Machine or equivalent. Alternate equipment or techniques must be approved by the City's representative, prior to any work adjacent to trees to be pres�rved. ' I. Root pruning shall be completed, inspected and accepted prior to the commencernent of any excavation or other impacts to the critical raot zones of trees to be protected. J. Excavations in an area where root are present shall not cause the tearing or ripping of tree ' roots. Roots must first be cleanly severed prior to continuing with the excavation, or tunneked around to prevent damage to the root. ' K. Tree roots shall not be exposed to drying aut. Root ends shall be covered with native soil or burlap and kept moist until final backfill or final grades have been established. L. When deemed appropriate (e.g., during periods of drought) the City representative may ' require a temporary irrigation system be utilized in the remaining critical root zanes of root pruned trees. M. When underground utility lines are to be installed within the critical root zone, the root ' pruning requirement may be waived if the lines are installed via tunneling or directional boring as opposed to open trenching. 1 1 1 62.3 PROPER TREE PRUNING A. All tree pruning and/or root pruning on existing trees to remain shall only be preformed by or under the direct supervision of an international Society of Arboriculture (ISA) certified arborist. Furthermore, all tree work shall canform to the American National Standards institute (ANSI) 2001, American National Standard far tree care operations — Tree, Shrub and other Woody Plant Maintenance -� Standard practices (pruning) ANST A-300. SECTION IV Fage 29 Revised: 9/22/OS Section IV — Technical Specifications B. Proper pruning techniques for all lateral branches of protected trees are required. Flush cuts (pruning cuts that rernove the branch collar) and stub cuts (cuts that leave a stub on the tree) are improper techniques. Any protected tree that has been improperly pruned will not be recognized as a tree left on the project in a healthy growing condition, and will require replacement consistent with the current City Codes and Ordinances. C. No protected tree shall have more than 30 percent of its foliage removed. D. Na protected tree shall be topped, hat racked or lion-tailed. Any protected tree that has been improperly pruned will not be recognized as a tree left on the project in a healthy growing condition, and will require replacement consistent with the current City Codes and Ordinances. E. Tree Trunks and limbs shall be protected. The use of tree spikes or ather devices that damage trunk and bark tissue on protected trees shall be prohibited. Any protected tree that has been damaged in such a rnanner will not be recagnized as a tree left on the project in a healthy growing condition, and will require replacement consistent with the current City Codes and Ordinances. SECTION IV Page 30 Revise�: 9/22/OS ' 1 1 ' ' Table of Contents: SECTION IV-A SUPPLEMENTAL IN�'ORMATION ' New Sidewalk Construction Matrix .................................................2 Remove and Replace Sidewalk Matrix ..............................................3 ' Quali�ed Products List .......................................��--�--..................4 Typical Sidewalk Construction and Ramp Detail, Index 109 ' 2008 F.D.O.T. Design Standards Index 304, pgs. 1 through 6 New Sidewalk Maps 1-- 2 Sidewalk Removal and Replacement Maps 1— 1� ' Osceola Avenue Sidewalk Replacement Plan Fort Harrison Avenue Sidewalk Replacement Plan 1 ' ' ' ' ' 1 , ' 1 New Sidewalk Matrix Street Location 4-inch 6-inch Pierce Drive San Remo east to Highland Ave. 4,180 s.f. 1,140 s.f. Jefferson 5treet Cleveland St. north to Drew St. 4,500 s.f. 320 s.f. Total 8,680 s.f. 1,460 s.f. , 1 , ' ' 1 1 � ' r i � � � � � � � � 1 C� ' ' ' 1 1 1 �� ' ' ' ' ' , ' �I 1 Remove and Re lace Sidewalk Matrix Street Location 4-inch 6-inch S. Ft. From B St. to Woadlawn St. 2,960 s.f. 330 s.f. Harrison Ave. D Street From Hamlet St. to S. Ft. Harrisan Ave. 660 s.f. 75 s.f. E Street From S. Ft. Harrison Ave. to Dead En 1,935 s.f. 215 s.f. McLennon Fram S. Ft. Harrison Ave. to Dead End 2,035s.f. 225 s.f. St. Belleview Fram S. Ft. Harrison Ave. to Dead End 1,800 s.f. 200 s.f. Blvd. Wildwood from S. Ft. Harrisan Ave. ta Dead End 200 s.f. 25 s.f. Wa Hamlet Ave. From Lakeview Rd. to Belleview Blvd. 2,610 s.f. 29Q s.f. Landmark Dr From Enter rise Rd. to S.R. 5$0 4,420 s.f. 490 s.f. Landmark Dr From S.R. 580 to Millstream Ct. 4,420 s.f. 490 s.f. Landmark Dr From Millstream Ct. to Rollin wood Ct. 4,420 s.f. 490 s.fi. Landmark Dr From Rollin wood Ct. to Gei er Ct. 4,420 s.f. 490 s.f. Countryside From U.S. 19 to S.R. 5$a 4,420 s.f. 49D s.f. Blvd, Countryside From S.R. 580 ta Countryclub Dr. 4,420 s.f. 490 s.f. Blvd. Countryside From Countryclub Dr. to Spanish Oak 4,420 s.f. 490 s.f. Blvd. Ct. Countryside From Spanish Oak Ct. to Curlew Rd. 4,420 s.f. 490 s.f. Blvd. Osceola Ave. From Laura St. ta Drew St. 2,20� s.f. 3,245 s.f. S. Ft. 512 and 526 S. Ft. Harrison Ave. 240 s.f. 530 s.f. Harrison Ave. Garden Ave. Improve 3 ramps and remove and 300 s.f. 0 s.f. replace section of sidewalk south of Pierce St. TOTAL 50,300 s.f. 9,055 s.f. � Qualifiied Products List Detectible Warnings on Walking SurFaces Product I.D. Cast in Place Composite Tactile SurFace Mount Composite Tactile Tap Mark Detectable Warning Mat ATM Detectabl� Warning Mat Vanguard ADA Systems of America Armor-Tile Tactile Systems 4 Manufacturer ADA Solutions, Inc. P.O. Box 3 N. Billerica, MA 01862 www.adatile.com ($00) 372-0519 Flint Trading, Inc. P.O. Box 160 Thomasville, NC 2i361 (850) 223-2155 Detectable Warning Systems 6435 Joshua Tree Ave. Orange, CA 92867 (714) 974-3566 Advance Traffic Markings P.O. Box H Roanoke Rapids, NC 27870 (252) 535-2574 Vanguard of Florida 10693 Wiles Road #202 Coral Springs, FL 33076 (954) 776-0230 Engineered Plastics, Inc. 300 International Drive Suite 100 Williamsville, New York 14221 , ' ' �Javi s B�c�7n GENERAL DECISION: FL20080332 1p/09�2a[f9 FL�3Z ' pate: october 9, �.Q09 General oecisian r�u_mber: FL204$0332 .1Q/i?9/2009 state:. Florida ' construction T:Ype: Highway Caunty: Pinella.s Cpunty in Florida. � 1lIGHWAIr CONSTRUCTT�DN PROJ ECTS Modific:a.tion Number publication pa�e 0 10/09/2009 , EI�EC0915-OU4 ].Z/01/�Q�B �,ates Fri nges ' ELECilt�C�ANA.i� " -----------_LL___'$ 2441�__w.__..__34�$O��W___--- �UF�.�QQ9-Z29 0$/OS/Z009 , ' ' 1 ' 1 1 ' 1 � R�'tes C,4RPENTER, Including Farm Work...� 13.71 CEMENT MASOtd�CONCRETC- FIN�SH�R...$ 13.Q�k HTGHWAY/PARKING L07 STRIPING: operatar (striping Machine).....$ 1I.9? HTGMWAY%PARKING Lpi SYRIPING: Painter ........................»� �.3.3� r�oNwo��R, REINFtaRCING..........� ��.5� IRONWflRKER, STRUCTURAL...........$ �6.75 �aBaa��: asphalt Raker..........� �.�4 LABORER: ,4.S��t��l C 5hove1 er . . . . . . . $ �.G}. i0 LaBbRElt: Gpmr�o.g� �ar Genera.l......$ 9,4� LABORER: Flagger .................$ 1�.�5 �:AgdRER: Grade Checker........_.� 1C�.50 LABORER: �andscape and If'r'l�d�iOn .......................� �.77 LABORER: Lutl'man ................$ 1C�.32 LABQRER: Mason Tend�r _ Cement/Concre�e ..................$ 12.q0 LABaRER: Pipelayer ..............$ 11.52 LABORER: Power T�ol Operatar CHand H�ld �rills/saws, Pdg� 1 Fringes 1.37 0.00 �.23 o.ao 1.37 3.$8 �.QO o.00 0.0� 0.00 0.55 1.80 2.65 �avis Bacon 7a�kha��er ��d Pvwer saws,,,....,� I.1.23 �PERAT�R: As�halt Pave,r.., .....� �1.52 QPEl�1TOR: A,S',�hdlt Pl��t.........$,'i2.2D v'I�ERAT�iR: Asphal t Spreacl�r. . . . . : $ '20. 75 OPERATUR: Auger ............ . .$ �9,40 oP�Ralroi�: �aacichoe . . . . . . . . . . . . . . . $ �5. 50 OP�RA"f"(l�Ei': I�'r1C1ChAQ. Lb�GIB�" Combo ............................$ 15.33 b.PER�'it�R. B�om. . . . . . . . . . . � � lf .61 OPERAT�R.: [�C�1�d�zer.... , ...$ �.4.�70 OPEFCAiQF�: Ci^an� . . . . . . . . . . . . . . . � . $ .19. $0 OPERA'CCNit: C�i.s'�'ribu�tor_..........� 11.47 oP�RaiDR: Dri�11 .................� �3.OD OPEFiAT�it: Graiier/6lade..........$ 1�.71 oPERAToi�: I�.oader ........... ....5 �2.p0 OP�RATG�R : Mechan i'C . . . . . . . . . . . . . . � :1_Fr. 31 OP�liAT.OR: Mi 1 i i a'rg. Mac�a7 n�, ..�...$ 1].. 92 OPERATOR: Oiler .......... ....„.� ,��..92 4PERAT(�R: Paver.... ..............� ��.4Z OPERAT�R. F�"4�dr5ver............� 15.59 pPERA'T4R: RO��,EI"........... :$ �1��'6S OP�RATOfi: SCraper,�.... .. ...$ '1Q.70 Ot�E',itATOR: Screed ................5 10.82. c1��R,�1roR: 1'r.�etiar. .....,.......5 �.�.78 OPERA'TQR: T�e.ncher ..............$ 13.41 PA�N'r�R: 5pra� and 5t�e1. .....:� 1�,62 TRUCK bi��V�R : 4 �,xl � TruCk. . . , . , $ 11. _ [�0 TRUCK DRIVER: Tr�aetC�r Haul Ti"uCk......... ....................� 117.6R TRUCK DRivEFt: 10 Yard waul Away .............................$ 12.5Q 'I'FtUCK bRiVE'R: 3 AX1 e 'TrUCk. . . . . . . $ 1CM _ 9,? TRUCK DRIV�IZ: D'i 5"tr7 but'p1'. . . _ . . _ _ $ ],].. 3`0 I.�� .Oq Q.O� o.00 ��4� �.Z& +�.9� a.OQ 1:.$5 �..37 t� . QO �.. �.�. �.00 n:QD 1.�7 0 . bt� 1. 31 0.86 4.00 o.oa i.+�a D.DQ O.QO U . �49 q�Op Q . 0(1 o.00 0.00 J.. 97 z.z� � 1 1 1 � 1 L� � 1 ' 1 1 b�vis �ae�n �Ru�K �RzvER: Dump Truck._...._..� �..O.QS TRUCK pRTVER: i.owboy �'ru[k.......� �4.q5 TRtJCK DRIV�R: Materi�1 Truck.....$ 1�.76 � �� 1 1/ 9.80 TIiUCK DRIVER: water �rruck. . . . . . . . � �(�. �C� 0.00 ►r�ELDERS - R�C�IV� rate prescrib�� far cra�t �erforming operatian t.o which weiding is inr.ide�ttal. unlisted ciassificaxians need�d for wprk not �ncluded within the.scqp� af the classi.fications listed may be added af��r �iv�ar�i anly as provided in the labor standa�ds cantract clauses (29 c�rt 5.5(��(9,��i�)). zn the list.-in� above, the "sU" d�..signation means thati rates listed und�r the identifiier do not re�lect cnliectively laarg�-i�ed wage and �ring� benefi� rates. other designations indi.c<�t� unipns whose rates have been determined to be prevailing. WAGE DETERMINATION APPEWL'5 F'RiiCE55 1..) Has there heen an initial decisi�n in the ma�ter? This can �5p : � an existing published wage deterrr�ination * a.survey underlying a wage det�rminatian * a�lage and Haur oivision letter s��ttin.g �orth a position on a wage determination matter * a conformance (addi ti ona1 cl ass-i fii �cat� on �rtd raCe) rul i ny an survey related matterst initia1 cvnta�t� inc"luding reque.st.5 �or summaries o� surveys, should be with the W�ge a.nd Mour Regional office for th� are.a in which the.survey was �anducted because thmse Regiqnal pffices have responsibility far the �avis-Baron survey pru�ram. zf the response from this init�a1 contact is nat satisfactory, then the process described in 2_) and 3.) 5hould be fallowed. with r�eyard to any other ma�ter not yet ripe �nr the. formal process described here, initial cantact should �e with the Branch of construction Wage. petcrmina�ions. Write to: Page 3 Davis Bacan i3.�'��t[h o'f Car��tt^u�.�iOr� Wage Determii��:i�r�5 Wage and Haur t�ivis��rr C1.5. dep�r�.��rr� .o�F Labor 2fJQ .C,on:sta�CUC�o:n :A.venue, N..�d, washingtca�, C�� 2Q21D �.� �f �.he. ar�swer to °�h� e}ue.sti on -i r� �.. �. i: s yes , then a.n in�er:e.ste� partY, (thta�� aff�ct.ed 6y t�we� �c�i.ar�) can reque.sx review and reconsi.der��inn from th� .w� g"e �r�d Hour Admiri.is�r�'Cc�r [5ee Z9 CF32 Par� l..$ and 2� CFR Par� 7). 4�.ri'te �c�: W�ge �nd Hour� At��-i�.tnator U. �. . Depar�men� :o'� �.abar �p0 con,stitution ;aven�e, n�.w. W�S�Ii R��t1, ii.� 2(�;�1.� The rec�ues� shau�d b� �c�+�inpanied by a full s-��tem�ent af �he i nter��sted party's..positi�r�:and by any in��arma�:ion (wage p�ymen� data, p�'�7e�'� d��cr-�ptian, �r,�a pra�t.-ic� m�ter�ia1, �:tc.) �hat the requestc�r cr�r►s.i d�r^s re�evant �o t.he issue. 3-��f th�? deci si an o,� t�r�. �as�m�i ni st r�ta.r i s nat f�varabl e., an intere.st�rl party �nay �,p�ea.l .ti�rectly ta �h� Aciministrative t�evi��w Bvard (for�mer1y the waye �1pP�als �oard) . wri r� �c�. �d�ri� ni s.trati ve Revi e�r ��rr1 t1:.S., :D�p:artment of ��bvr 2p0 Consti�u�tion Avenue., �.WT tivashing�nn,, n� 20210 4.) al 1 de�'i si �ins by the A�mi rii s t r�t i;r�e Revi ew Ba� rd: �rr� f i nal . �ND Q� GENi�'Z+4L p�'CTs"I�1� Page � L� � ' ' ' � � � 1 � 1 ' ' 1 , 1 1 � � � � � � � � � � � � � � � � � � � 9 l� ti ��'; c� eod��e� �(oc� �+��. 3, 'C�` ,yl e4' l �� F�O�` � A� A � 6OCK ar �.uro � j Non—alip surface require— onlv 4f Pro ert R.O.W. Line walk ,� ' PLAN VIEW NOTES: 1. Provide tooled yoints at distances matching ihe width. Also place expaneion joints at drl�eways. 2. If some physical obstruction exists which prevents the placing of sidewalks as shown, coniact the Engineering �ivision for alternate location. 3. Wooden and other spacers will not be permitted in sidewalks or driveways. 4. No coatings of any klnd wili he permittad on cocierete aidewatks or driveway9 without speciflc approval of the Clty Enginaer. 5. All concrete shall be 306D psl min. � 28 days, wlth flber mesfi rein€orcing. � 6. Conerete surfoce to be light broom finlsh. 7. Conerete drivaway constructlon shall he fi" thick w 6'x 6"/tOx10 welded wire fobric reinforcement. 8. Rampa sha14 have a tactfle susface, texturad to a depth not exceeding 1/8' by use of tamp or roiler in conformance wEth requirements of FDOT Roodwoy and Traffic �esign Standarda, Detail 304 or moat recent modificotiona. Rema�e Curb if Existing Exist Conc Dri�e Max 51ope � ��° �� 0 Max 51ope � ;1,.. �.A,,., ,ti. �n ,.A �4�. :>b''.,: ��'�� 4�. i/2" Exp. Joint 1/2" Exp. Joint �� TYPICAL DRIVEWAY CROSS SECTION °� R � a a 4' �1in Residential 5treet 1' Cit R W �� 0 5' IAin Arterial Street 2' County R/W M'1 N F I1/4" per Foot � .. .~- . �..� ..I Back of Curb SECTlON B-8 3000 psi cancrete 4" thick. Constr. 6" ihick at dri�eways with S"x 6'�/10x10 welded wire fabric. (See note 7.) Remo�e entire Curb and Replace as Part of Sidewalk Romp. �.!' :..; .; . _, ; 3 � �0 Max Slope 1 /2" �xpansian Joint SECTION A-A Textured 5urface TYPiCAL SIDEWALK CONSTRUCTION �c RAMP DETA�L CITY INDEX NQ. 1Q9; 3 QF 3 N.T.S. Remove to an even ioint or sawcu# 4' `�;n $' �Qg• ��1, �de�tifll Arter�ol St' o�'f ` ��'�i` , / �'(i s �@ �`�a ��s �� c�sso� o� O`� � '�� V r If "x" is less than 48" then ISOMETRIC VIEW the slope ot the flared s}de sholl not exceed 12:1. CURB DROP CURB TRANSITION CURB TRANSITIQN gACK OF SIQEWALK ELEVATION A—A F�aw un�E TYP�CAL SiDEWALK CURB CUT RAMPS PHYSICALLY HANDiCAPPED CITY lNDEX N0. 109; 2 OF 3 N. T.S. COP�C. SIDEWALK Match Existing if Grass Plantin or Other Existing Sidewalk Non—Walking 5urface Grass Planting or Qther Non—Walking Surfoce 4'/5' fi" fi'° 6" Vertical Curb RAMP CURB in Transition 2' �, � �R � � � Exist. Type I Curb Remo�e Bock of Curb `Flow Line if Existing RETURNED CURB RAMPS VALLEY G�TTER CURB CONG. RAMP Textured Surface t . . • . . . . �, � 4., d �: 12:1 MAX. SEGTION B—B N07�5: 1. Ramps are designed to the Uniform Federal Accessibility Standards ta camply witF� the Americans with Disabilities Act. 2. Ramps Shall Ha�e a Tactile Surface, Textured to a Depth Not Exceeding 1/8" by use of Tomp or rollerin Canformance with Requirements of FDOT Roadway and Traffic Design Standards, Detail 3D4 Or Most Recent Modifications. � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � Ex. Sidewalk �: �2 �: �� Max �Aax �� -� Propased J Access Ex. Curb Proposed Bus Stop Pad SECTCON "A—A" N.T.S. � 3 � � 0 � O � Q � � O � !� � � H [I'1 YJOTES: � . O' 1. Bus Stop Pad may extend from existing curb to V or through the alignment of existing sicfewalk. 2. The Bus Stop Pad will follow the some slape and will be flush with the back of curb. 3. The rrsaximum slope across #he long dimension of the Bus Stop Pad {perpendicular ta the curb) must be a maxirnum of 3:50. When #ield conditions tio nat allow a 1:5a slope, the minimum feasihle slope shall be pro�ided, not to exceed 1:12. 4. Pa�ed access to the Bus Stap Pad irom the sidewalk rrzust meef City of Clearwater sidewalk standards and ADA standards with a maximum slope of 1:12 ond le�el rest stops no more thon 30 feet apart. Location of access wil! be field determined. 51ope of porkway area adjacent to Bus 5top �od will be feld deterrnincd. 5. Bus 5top Pad shall be a minimurrs of 6" reinforced concrete the same as concrete dri�eways. 6. Bus 5top Pad shall be centered as close to lot lines as possible. Existing bus stop signs may need to be relocated accordingfy. / � f m I`v �� -R/W Ty��cal � � � � R/W Typical 1.0' Typical _ _ t Altema#e �� 2 Max. Sidewalk Slope Width Varies Accesa Rou#es � 4A' Wide �4in. �' t 1:12 Max. Slope :;:}�� : � ; ... \ Bus Stop Pad � �Curb Bus Stop Sign ��d 50� Min. BUS ST4P PAD N.T.S. TYPICAL BUS STOP PAD DETAIL CITY fI�DEX N0. 1Q9; 3 QF 3 N.T.S. J 1 ' ' ' ' ' ' ' ' I� �� , ' � ' ' ' ' 2' Alin. Full —� Height Curb See Note -�P l C��'O.o�- -� *'�`Lower landing not requi�ed at d�iveways, parking lots, or othe� areas with pavement cross-s/opes less thon 2X f0.02J. �-Bock Of Sldewalk b � Alignment Varlatlons � 4' ��0�' 4', Aloy Be Reduced To 3' ln Resfricted Conditions When N� \ Approved By The Engineer � `�� 2'Min. Full o I Nelght Curb i=!2 o t 0 Note: When c�osswalk markings are required, ramp runs must foll withln c�osswa/k /Imits and whe�e practTcol, be pora//el wlth the proJected c�osswa/k ollgnment. The botfom of the ramp beyond the curb line sMllhove o clear spoce 48" minimum within the morki�s of a marked crosswalk. lf no crosswolk ma�kings are p�esent, fhe bottom of the �amp beyond the curb romp sholl hwe o clea� space 4B" minimum outslde active troffic lanes. o C�osswalk widths and configuroilon vary; must conform to /ndex No. f1344 ond (/346. o.oz Mox. �IV ��`Se�o�K � � s�° ,�o �/ �S�'o�. ./ij'�0s �� o � /l;y P^e T,SP'3 S., �'vr6 ,.;;:;.;:°�:;e,, a To o ,rraPey,o�9o�p ''°'�'��°•• °'r�••. ��',q�%f S,�'-� �9i-P \. ,.;;°e°°. S rh ��i'�P% �o S�, /�F , LO�B PS, ,� ?'�te � � '°o,��sr Sia,oP �� %��A-s G�/��'tPdTo,,9eP��sa �a v � Y T/Oy � a�P�' o�oi� T O s T,9�,� h" s�pc°S `- For BACK OF SIDEWALK CURB OR B(IFFER TRANSITIONS And for RAMP AND SIDEWALK �N CURB OPTIONS See Sheet 4. 0`�' i ��/•�2 y � , o� /: /2 �� c�::•:. O � 0 Nofe: A portion of one or both romps moy extend outside the return. `o�a°.O1E iE Omit Joinfs On Curb Ramps � I .::: Turnout Or Utility Strip Side Street L/NEAR S/DEWALK RAMPS TYPICAL PLACEMENT OF PUBUC SIDEWALK CURB RAMPS AT CURBED RETURNS GENERAL NOTES l. Public sidewalk wrb ramps shall be constructed in the public right of way ot locations tMt will provide aontiiwous unoAsiiucted pedeslrian circulotion paths to pedestrion areas, elements ond facllTties In the publlc r1�ht of way ond to occessible pedestNan routes on odJacent sites. Cu�bed facilities with sidewalks ond tlase without sidewalks ore io hwe cu�b ramps constructed at olI street intersections and ot turnouts 1Mt have curbed relurns. Partial cu�b reiurns shall extend to 1he limit p�escribed by lndex No. 5/5 to aocomradate aurb �amps. Ramps constructed ol lorwtions without sidewo/ks sho/I have a landing constructed atthe top of each romp,see Sheet 5. 2. The locotion and orientaiion of avrb ramps slall be os shown in the plons. 3. Curb romp runn�ng s/opes at unrestroined sites sholl not be steepe� tAon 1: l2 ond cross slope sfall be 0.02 or flatte�. Tronsition slopes shall nof be steeper thon l: l2. When ol/ering exlsting pedestrion facilities where existing site deve%pment prec/udes the oocommodation of a romp slope of l: l2, a running s/ope befween l: l2 and l: l0 is permiited for o rise of 6" maximum and a running slope of befween l:10 ond l: 8 is permitted for a rise of 3" moxJmum. Where complionce with the requirements fo� cross slope cnnnot be fully met, the minimum feasTble cross s/ope sMll be provided. Romp running slope is notrequi�ed to exceed 8'in length, except ot sites where the plans specify a greoter length. 4. lf a curb ramp ls located where pedestrlans must walk across the ramp, fhen the wolk shall have transitlon slopes to the ramp; the maximum slope of the t�ansitions shal! be l: l2. Ramps with cu�b returns moy be used atlocnfions where other improvements provlde gu7donce away from that portion of curb perpendiailar to !he sidewalk; imp�ovements for quidonce are not �equired ot curb ramps for /lneo� pedestrian troffic. 5. Curb romp detectable warn)ng surfvices sholl extend the full width of the ramp and 24" f�om �he bock of wrb. Detectab/e warning surtaces sFa// be constructed in occordaxe wlth Specifiavlion 527. S8o- Sheet 6 of 6 for detectable worning layouts. Transition slopes are not to have detectable wornTngs. 6. Where o curb ramp is constructed wiihin existing curb, cu�b ond gutter and/or sidewalk, the existiny curb or curb and gutter siall be removed to the neorest Joint beyond the curb tronsitions or to the exienf tMt no remoining section of wrb o� curb and gutte� is less thon 5'lonq. The existing sidewalk sMll be removed to the nearestjoint beyond the transitlon slope or wolk around or to ihe extent fhot no remoinin9 section of sidewalk is less thon 5'l0�. For details of Concrete Sidewalk See lndex 3/0. 7. Alpho-rnimeric identifications ore fo� reference (plans, permits, etc.). 8. Public sidewalk avrb romps ore to be poid for as follavs: Ramps, reconsfructed sidewalks, walk around sidewolks, sidewalk landings and sidewolk curbs o�e to be poid for unde� the crontrxt unit price for Sidewolk Concrete,(_" Thick), SY. Curb transitions a� �econstructed curAs ore to be paid for under the cont�oct unit p�ice for the parent curb, i.e.. Curb Conc., f Type _ 1, LF o� Curb and 6utter Conc., ( Type _ J. LF. When a sepa�ate pay ifem fo� the removal and disposol of exisfing curb, curb and yutfer, ond/or sidewalk is not provided in ihe plans, the cost of removol ond disposol of these feotures shall be included in the contract unit price for new curb, cu�b and gutter and/or sidewalk respectively. 9. Acceptonce Criterio for Detectable Wa�nings: (ol The ramp detectable worning surfxe sholl be complete ond uniform in color ond texfure !b! 90X of the individual truncoted domes mustcomply with 1he desiqn criterio (cJ There may be no more thon 4 non-complying domes Jn ony one squo�e foof of surfoce (d) No fwo odJacent domes may be non-comp liant ( e 1 Surfoce rray not devTote more thon 0.10" from o true plane l0. All sidewalk surfoces, ramp surfaces, ond londinys with o cross slope shown in this lndex to be 0.02 sholl be 0.02 moximum. All ramp surfaces ond romp tronsition slopes with a slope shown in this lndex fo be 1:12 shall be l:12 maximum. 9�"�0 q ',aS,�a P �O/,F -, ��y c�g�'� � � 9BFo 9o�p �asra ��TGRNS Py,�� _ 7 2, C� `�6 •N F�r�l�9 1`��0� . �ss . U�``' S Ste CR 6 o ,.* \:� / �d/2 ` S/�� o� c� o� oss �� Yj�. �F,�, o� �, ti c �� , G'p6 FO �FT� '��,� �'�'s q�a ,. s . " ipF� , o� � �� G,/ Y�F�1 ��. yc j'� �/ �e�� - 9�,h.o ��a Sr `�'es aP�� 3�_ / tio o.,� �s„ /\ `'�6+��'' �i'�%�S,'�,,'o l S/�Fly �°� �. ��\'•� �'� -4�°� o, � � �ss � ��iia. `S, Di ij'y'°n;n_ �,r� "Y C�j�� a P ��TG�/� �/s CR 8 , �,r CR 9 �g, %�, �� s��i T� � `��Ps •g1� { o� CR 3 vy �pF�,4� \ �,�,`�s � y �� TjG � ST9i,o c�'�'% s �-6„ O � �. /� SS S•t i�� o�Ao`'` 5 Std ,aP�oeC 0� ` �9. �• S�� T�� -S,T{y�Ty.y,� �� CR 4 ,, r�,�°s 'S�,i-: /�i� �1�� 0 qP�P fi � �e aA �� e�i �,J��:G��n• ��tb 3, \k� �'M��fbl �9 ,ae�p\K 5 CR 5 � ,��s o��,A S�S�d. � : r� A �5 - �� 0� '� /_ n2 \ G� j rc� s ��'>,o c,�Std 1 I7 l A� �5 1 Of n2 S�D GT�v�'�� S �Y/�' T.p�� Y 2' Detectable Warning l4" When Located Along Type 'F'Cu�b And Gutter � Pwement Relief See Detail Below � AspMlt Pavement final Rolled Surface Varies }}�� Va�ies ( l8" Mox.� y �� r----�— 1:12 � Relieved Pwement Remove Elevated Pwement By Spading And Rolling; Smooth Milling; or, Grinding SECTION PAVEAIENT REUEF AT UP OF CURB .�� 3� !p� y, g��7�� 3 �N �2 „n o �� a5 Z �� ,� � ��2 oj S/0��,�9** �6 S� 6� `�`� 1 q� CR 2 Varies (l2'-6f�ShownJ ( Not Requi�ed To � Exceed B' ln Length ) SECTION THROUGH RAA/P RUN AND LANDINGS WITH UPPER LANDING AT NORMAL SIDEWALK ELEVATION * For BACK OF SIDEWALK CURB OR 8l/fFER TRANSITION And Fo� RAAIP AND SIDEWALK CURB OPTIONS See Sheet 4. $i Romp Widfhs For Curb Ramps CR l, CR 2, CR 6, CR 7, And CR 8 May Be Reduced To 3'Alin. ln Restricted Conditions When Approved By The Engineer. ��Lower lo�ing not requi�ed ot d�iveways, parking lots, or other areos with povement cross-slopes less than 2X 10.021. DIMENSIONAL FEATURES FOR PUBUC SIDEWALK CURB RAA�/PS WHERE RAMP AND LANDING DEPTH ARE NOT RESTRICTED BY RIGHT OF WAY 9o�p q� o-'S%'a P h'o�,� �o�O%o 9r 9�� q �d v ��Ty ''�� c�,� eFo ��T�9 � '1'S CR l � !:q-'9 s o�a�'v /.c/ c�� s \ •/ S�� °'i�* � ' `� -/: �2 ��9�� / ^ Ss o 2 �'0 1 \ 2 �K. �Yj),y 4�� 55tdlM`�,1 cv�� z 9.�� ,p �o,.,� CR l 9o�p FT�,p,l,s ��'•S'`'�;,� q7 o,s': ae�o�� — 3, C�a''6 . �, F ��a �i g, !o G+�. ��i,�9 � 3' oal�9 /F oss \,� \ Sr� �0�� y .� � %\ F�yq � / ��os,.�: �2 or � %1�j,, �g �� S�K S{a `n 1 �li; y c�,�eFo t� ( 9 .�� `� � �,�. CR ccj�G �i;y s,�. 9 56,+ ,p,`s � , .� �"d° ,9�0, a�� cs„ SIo,P �i.-6�/�„ ti'%f C'tii,6 , y � � c,.o �? l��a°9 ss ��'�� . i,��oj/*�_/ \•\� 3 �2 0 �- G�. � f Si� ,�� s� �ss o� s�; Sta• 0 5 ��9� °��ie ��'• � CR l �'/ �s��'��i �•�!� •Si�.. Ty 9 9 To �S `or- C<j,Qe��Pa i� , �Ps 9��,G9 'l'S CR l lo�a� " �OFD ��oi �� : �I,,q �*�� \�2 � � o� �,T'S' � S�, ' �:- s� i`j� � �'� � � G'`%! CR l /%�s'S` Sr�Yp ��/0 �1/�� i.A � or,y o,. ,, ��'�'Od.s `s/�.� *6`.. �'' o,. A K• s''a �2�„ � m,, s� Sta� �%� °- s„ 5 2 c�,.6 fii 0� �" o�di��_l Or �2_ lkM S� �000;. liT Fly '9 � . ��i�� F��/iE -ysr{y/Ty � �/,p G�� Gi.o ,Sfi- /j�� O^A� f7� �td r_ 5 %� 0 ✓ � � 0� 4O' 7 � �I/��9 S/� �oo;� i �T�liry'9l, f F'�''•-��. ~/2 � i y ,�`� �i � - .. s�'.pj rh' � �2 s,o F"`,� � G�� Q� �C�Oss` Sr :o o,. �� p�r 5'� Std• �� Oj 0� 'S/O �O'°"ro !/�.��ly,9� %r � �,*� �-ST�;''y A s,oF�� CR ll 2' Detectable Warning Vories (9'-l1" Slrownl Ramp Varies 2' ( 5' -ll" Std. J 4' ( Min. J Landing (Not Required To Londing ** Exceed B' In Lengfh ) Fiot 4� � i: i2 o.oz o.02 SECTION THRO�U6H RAMP RUN ANO LAND/NGS WITH UPPER LANDING AT NORMAL SIDEWALK ELEVATION TY Ramp Widths for Curb Romps CR l0, CR !l, CR l5. CR l6, And CR l7 May Be Reduced To 3'A/In. ln Restrlcted Condltions When Approved By The EngJnee�. **Lower landing not required at driveways, pa�king lots, or other a�eas with povement cross-slopes less thon 2X (0.021. * For BACK OF SIDEWALK CURB OR BUFFER TRANSITION And For RAMP AND SIDEWALK CURB OPTIONS See Sheet 4. 0/MENSIONAL FEATURES FOR PUBUC SIDEWALK CURB RAMPS WHERE RAMP AND LANDING DEPTH ARE RESTRICTED BY RIGHT OF WAY � Ramp Width (4'Min. J Romp And Sidewalk Cu�b� �� `L� �� %%/ �' �2' Landing* * R 25 Sidewalk ��, � Ramp Width (4'Min.! %� 7 � / / �o��ti / Romp And Sidewalk Curb �� / �N I ��. o��a� g'��o�e� y`a �h,� • J�\Gto`\�\�. � / � 0.02 /�� Romp Width (4'A/in. J Ramp And Sidewolk Ramp And Sidewolk ` 2' Landing** CR 24 0.02 �,�. o�� 5'�� o�e� y`ae�y�a J�� toye��o � �G `\ 0.02 / �� Ramp � Romp And Sidewalk o�� y\a¢6�\c- / ` � �. 2 -b �R�� RamP nding Min. R 2 �— � `—� �� — 2' Londi�** r N� � ** `2'Landin ** Ramp Width (4'A�in.1 �Y / � �2�Landing 9 '�� / Romp Width ( 4' Min. J Yi' CR � —�--7� CR 2/ CR 20 D/MENSIONAL FEATURES FOR PUBUC SIDEWALK CURB RAMPS FOR UNEAR PEDESTR/AN TRAFFIC I I �� y�� H (Varies! H (Voriesl 0.02 Ramp, Sidewolk Or Londing a 0.02 Ramp, Sidewalk Or Landing A/ONDUTHIC CAST CURB SEPARATELY CAST CURB RAMP AND SIDEWALK CURB OPTIONS 0�02 � 2 0 Sidewalk Curb �( Where Necessory J ��l : !2 ( Not Required To Exceed 8' ln Length J I � � \�� / : /2 / d \ "� oZ / �� -2' MTn. � �9� �� o o Crosswalk width and conflguration vary; must conform to lndex No. 17344 and A346. � PLAN Landing Rdwy. Pwt. 2' 6" Sidewalk Curb ti � f Where Necessary J 0.02 T � SECTION AA CR 26 �9,� DlAIENSIONAL FEATURES FOR 0�{e� ;� T�a�s. PUBUC SIDEWALK COA/8/NED CORNER �� Orop ( H J RAA�IPS UNDER CONDITIONS OF INFEASlBIUTY � � � � f . �.•''�z � 6" x H Monolithic or 6" x l2" Seporote Sidewolk Curb 0� /; Ri.°?��2 \g Construct Sidewolk Cu�b in Absence Of Adequote Buffer,A�aintainoble Surface Contour, Abuting Structure, Or When Colled For ln The Plons Or Standords BACK OF SIDEWALK CURB OR BUFFER TRANSITION tt Ramp Widths Fo� Curb Ramps CR 20, CR 2/, CR 22, CR 24, and CR 25 Alay Be Reduced To 3'Alin.ln Restricted Conditions When Approved By The Engineer. **Lower landing not required at driveways, parking lots, or other oreas with pavement c�oss-slopes less than 2X (0.021. 0 !J 1 , � � 1 1 5'Refuge With Maximum Slope Of 0.02 Must Be Provided When Slopes Of 0.05 Or Flalter And 5'!n Length Are Not Available On C�osswalk; rne Refuge Can Be Constructed At Any Locatio^ �— F Medion Wifhin The Crosswalk;O�,A 5'x 5'Concrete � Landing With A�aximum Slope Of 0.02 Con Be Const�ucted AdJocent To The Crosswolk. Cross Wolk S/ope Varies ( Concrefe Sidewalk, 4" I I f 0.02 Std.; l: l2 Mox Roadwoy Pavement , i S/opes SMlI lnte�sect Af Centerline Of Median On The 0.02 Rote When The Edge Of Pavement Elevations Are Curb Tronsition (Curb & Equal. The Slopes May Intersect Off The Centerline For Gutter Type E Shown) Varioble Edge Of Pavement Elevations 0� To Ac�commodate Other Const�uction ln The Median; However, Slopes Shall Not Be Steeper Than I: l2. SECTION CC ^ , , , i �. � r, � — Other C � � i Curb Transition (On Existing Facilities Remove And Reconstruct Curb Or Curb And �utter) C� For Payment See Generol Note 8. � 2'Curb Transition 5'Concrete Sidewolk � � n+cwwi Curb Types A 0� B Or Cur6 & 6utter Type E ( Curb And Gutter Type E Slrown J _ C � PLAN A�IEDIAN CROSSWALKS 5' � LAND/NGS FOR RAMPS W/TH/N PUBUC RIGHT OF WAY CONSTRUCTED AT WHERE FUTURE SIDEWALKS ARE PROPOSED, WHERE STABLE SURFACES SIDEWALKS ARE PART OF A CONTlNUO�I/S PASSAGE OR WHERE A CURB THE CIRCULATION PATH TO PEDESTRIAN RO�UTES ON ADJACENT SITES C � 5'Concrele Sidewalk Median Curb Types A Or 8 Or Curb & Gutte� Type E (Curb And Gu#er Type E Shown! Cr PLAN - ( ALTERNATE DETAIL l s- h �0 02rMax. Sl pe9 L i LOCAT/ONS OTHER THAN FALLS ALONG PLAN On Ramps TM1 Are Perpendiculor With The Cu�b Line, The Dome Pattern Sholl Be ln-Line l.6" Min. With The Direction Of Travel. On Ramps i 4" MaY. �ntersecting Cu�ds On A Rodius, The Dome i s �" � i _ � � Foifern Sha!l Be !n-Line With The Oirection Edge Of Detectoble I I I �j �. �+��e! r� rne Extent Practical. Warning ' ' ' T 0.9" Alin. N� � � � � 1.4" Max. " -�c�c�0 �.2" • �.�2„ Truncated Dome lnteg�al Dome � o -- - --0 O O � _I ��--- - � �N � O O O The top width of the dome shall be a minimum of 50X and a moximum of 65X of the base diamete�. O O O O TRUNCATED DOME Base-to-bose spacing shaN be 0.65" minimum belween domes. PLAN VIEW AIl Sidewalk Curb Romps Slall Hwe Detectable Warning Surfaces Thaf fxtend The Full Width Of The Ramp And ln The Direction Of Travel 24 /nches ( 6!0 mm ) From The Back Of Curb. CURB RAMP DETECTABLE WARN/NG DETAIL 4 � � � , S)dewalk Curb ( Where Necessory ) N� \ � :/2 PICTORIAL VIEWS TYPICAL PLACEMENT OF DETECTABLE WARN/NG ON CURB RAMPS PLAN Utility Str1p � � LJ � �� ,_. ��6'zr��_�'�� ,��^.� .�1111 -��oi��■,.�' ��.'�L� ,� "� -- - � ��, �' �j r . `T cRovE sr "w .�. 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LL Leqend �� Sidewalk Locations N 0 2009 Sidewalk Contract � learwater Parcel Boundary � Proposed New Sidewalk Locations 0 Bldg Footprint w e �,Pe,,, bY: Pierce St Outside CLWTR City limits Enginearing Department "" Geographic Tethnology Division �__: Clearwater Service Area $ 100 S. Myrtle Ava, Clearwateq FL 33756 ' - �� Ph: (727�S6I�-0750, Fax: (727)526d755 Map Gen By: JHH Reviewed By: SD ��. Date: 9/28/2009 Grid #: 288A S-T-R: XX-XXs-XXe Scale: N.T.S. www. MyClearwater.com � � � � � � ;; , � -. . . J a � '� ,, ` � ' •� ' - � � � �' �,,,�� `�� ; �I`�� F�� _�, � '�.��;�� : �� ,��'' �"�:� � a � ,�� „��i �'��: �' F. � :`i; , �►��3. �� F � �� _ �.� � a �'�: � kr � � �ry. . ��. _ , � rc :� '�' Lt ��: '.� r,?,-� , � ` _ ' .:.� `L M- �� ;F. _. s ��' � � ,:��I _: , k{ ._ • ♦ .,A:: r _:�� .S �� e �, .,.� � �f - p F� (7��— �� 'Y. � �� .: �. �� t �� " �. ', ♦ a . .. )! �! � `�� ♦ � �P # .u�� .' 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'�""'�£' '�Ir '�� ,�* � :`{¢ f�`j,�,+��'%� �aye+�� j �' .�i" � +' � ��► ,-.�1�7 > ;' . �� -s:�:\ '�� 'TM'ea � "�.''� ,^'3'��.�1.�. °��,� s. �NppVE�.� ti � r � i+ 'i�"i st �,,.'..' � � � Y ..�p� �l � 1 � �'�, � � ,�. � a.�:'��,��. � fr'' � . r. �,e ' � () t.,'y� < S ��Y �°�P.` Y � Clearwater `egend 2009 Sidewalk Contract � RemovelReplace Sidewalk � Proposed Remove I Replace Sidewalk Parcel Boundary P,eP„edby: Exact Locations Determined in Field � Bldg Footpnnt Engineering Department ' � Clearwater Service Area Geographic Technology Division � � � � 100 S. Myrtle Ave, Clearwater, FL 33756 � � Pn: ��z�ssz��so, Fax: ��z»sss-aiss Map Gen By: JHH Reviewed By: SD Date: 10/9/2009 Grid #: 189B S-T-R: XX-XXs-XXe www.MyCbarwatar.wm N W E S Scale: N.T.S. � Clearwater U Prepared by: Enginearing Dapartment Geographic Technobgy Divislon 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727�5624750, Fax: (727)526-4755 www.MyC learwater.com Legend 2009 Sidewalk Contract � Remove/Replace Sidewalk Proposed Remove 1 Replace Sidewalk Parcel Boundary Exact Locations Determined in Field 0 Bldg Footprint � _ _ _: Cleanvater Service Area Map Gen By: JHH Reviewed By: SD Date:10/9/2009 Grid #: 189B S-T-R: XX-XXs-XXe N W E S Scale: N.T.S. ' ADDENDUM NO. 1 for 2009 Sidewalk Project Clearwater, Florida Project Number 09-0039-EN ' DATE: November 4, 2009 ' SUEiJFCT: Addendum No. 1 , TO: P�ospective Bidders and Others Concerned ' Bidders on the above project are hereby notified that the following Addenda are made to the Contract Documents: ' 1. Section I, Advertisement to Bid and Notice to Contractors: ' Bid opening time has been changed to November 19, 2009 at 2:00 P•M. ' 2. Section III, Instructions to Bidders: Federal Aid Provisions — Davis Bacon Contractor's Guide, Federal Aid Contract Provisions and Davis Bacon Prevailing Wage Information dated , October 9, 2009. 3. Section IV-A Supplemental Information: , The Remove and Replace Sidewalk Matrix together with Removal and Replacement Map #2 are revised to add the following streets: Burntfork Dr., Brandywine Dr., Fallsrock Dr., Waxwood Ct., Cascade Ct., Diamond ' Head Dr. N., Diamond Head Dr. E., Oxbow Ct., Haverford Dr. and Cascade Dr. Contractor's Bid Tabulation Sheet is revised. � ' ' 1 1 END OF ADDENDUM #1 THE CITY OF CLEARWATER PINELLAS COUNTY, FLORIDA By: /s/William B. Horne� II City Manager �otice From mgrogg@jiffyplanroom.com - Addenduml - 2009 Sid... Subject: Notice From mgrogg@jiffyplanroom.com - Addenduml - 2009 Sidewalks Project ' From: notice@designbidbuild.net Date: Wed, 4 Nov 2009 10:39:51 -0600 (CST) ' To: jo@kilgorellc.com ' � Addendum Notification ' ' To: Harold D Kilgore A notification has been sent for Kilgore Construction L.L.C. 09_0039_EN 2009 Sidewalk Project-2009 Sidewalk 7275815724 Project-Original ' a I Comments � Addendum#1 has been issued for this project. Please complete the non-disclosure agreement at , the bottom of this message, and on the next screen, click the LINK for the ATTACHMENT and j the print and view the Addeddum. Thank you, ' II 1. Recipient will maintain the Information contained in this notification in strict confidence. :, � 2. Recipient will not disclose the Information to anyone other than to its employees. ' 3. Recipient shall not be liable for use, release or disclosure of any information that: ' a) is required by judicial action after all available legal remedies to maintain the information in I, secret have been exhausted; ' b) is approved by Owner for use or public release; 4. By accerting this notification the Recipient has the authority to execute this Agreement to hold coniidential on behalf of themself and on behalf of their company. ' I accept these terms Yes , Automated Notice Please Do Not Reply Jiffy Reprographics 411 South Garden Ave Jiffy in Clearwater FL 33756 727.442.7125 ' ' ' 1 ' 1 1 1 � • � � • • � � • • � . . , » _.... .s , _ ' _,_ _ . "` . „ . ��, � s�c . , - � � a� j �� / � � �a� ��►,�... .., ` ` ` � � � �' ` � � � � oP��c `- _„ _ , -«YS'--- . � . 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' . . �� : � �� _ � . � ��'� � �� =�: # �. � � � fi, a = �►� #;f� ��r ,�; r,� '�/`�' � . . . ��, x�, < �, � � _ :� . � � . � � i � � .,�sw�uM war.�. ��J�� A �� __. � � � +�+t�'•y�� , �� „� W� a �+ ��.�"riy''�"_� �i. `��F'�'�i. �� "�'�='t� y"" � �i '` '+�,...,� ' � � rr�;�a+iz�; � �� ,�. , ` :�i' �G ��_ 1 '� � �3 w lU� ,. ! =�A�'�iY':;! . �'i.�!�A�� s .a�'�a't�' ''.S.'"v' �.� �'�. °° e j � ¢ -� � ' -.'i�� }�I:a r � b �'� '�� ..��`�,�� r� � - a'��Pr'�+''�'"�'�-* ,;r. Z ` 1c�; �'� �� i � �� .„� .+.�<,a� �'�=�•q sr^�' ' -p �!"�., • � ��, . �T ; '� i , ~��`'� '�a: ; ^`�� a. ��r;+r�: '" M�M�y 'z�'� ai _ � ��,t'� + � � '" �� ' t �;i �a��3 ,�� , ; „ , � ° �. „� y� �,� �� '� DEERRUN t{� '' x � . i , . - � � �v r;w �a ��Li �e �i � ��'w ��,,.�'wa � ",� . ,� `� `� � � �`. 4 ba F . � J ,. � � '�::�., ,�� N,'�� r � �iM� .. �� , � ��H�i �v"�, y�((�t.. i ,� t °i+ �-, rt , '� ! . _ � ,�'� , � �y, � p� , � �` y� �j'' �y ��/ 1'". ` ��W �� 'Ya~{.?ad��F._ tis::�lS'- ' y'\�� +� . . � i.-l��t'fR� '•"'_� , . ' �.�i �.�.1��., '� � � -•n ,y,, 4 �� _. ` ¢r � r ' .' tR' 3 � � w � t .�;;,. . �� _ � y �<.�"`�'^�„+""". � p' � f ' � „�,�,��:'�� . . � � . ^ � ENTERPRISE RD T �,' ,.. + , ,, j �„ W ` F� �. �4`•"ak�` x � �� _,,.�,,,:�. 1Y • �' � = �� Y`' o;� .r .'�i '1i� ' � . 1,,..+�`.."°` .- +�: �i `''�'.�# jr w , � -" ��. r' y1 f = 1�' ��,.,�� . LL Leqend Remove/Replace Sidewalk N ,� Clearwater 2009 SICI@WBII( COI1tC8Ct Parcel Boundary � Proposed Remove / Replace Sidewalk � Bldg Footprint w E P��redbY: Exact Locations Determined in Field Outside CLWTR City limits Engineering Department .... ' Geographic 7echnology Division �,,; Clearwater Service Area $ 700 S. Myrtle Ave, Clearwater, FL 13756 Ph: (M7�582d750, Fax: (727�526d755 Map Gen By: JHH Reviewed By: SD Date:10/28/2009 Grid #: 222B S-T-R: XX-XXs-XXe Scale: N.T.S. www.MyClearwateccom � FRONT PAGE OF PUSLIC PAYMENT BOND Florida Statute 255.05 BOND NO. SEiFSU0514430 CONTR.A.CTOR: Kilgore Constxuctian, LLC 11697 Walsingham Rd. Largo, FL 33778 727-755-2294 SURETY: International Fidelity Insurance Company One Newazk Center 20�' Floor Newazk, NJ 07102 973-624-7 AGENT: Nielson, Wojtowicz, Neu & Associates, Tnc. 1126 Central Avenue, Suite 200 St. Petersburg, FL 33705 (727) 2�9-1803 OBLIGEE: City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33758 727-562-4750 PROJECT: 09-0039-EN; 2009 Sidewalk Project, Clearwater, FL ' THIS �BOND Is GIVEN TO COMPLY WITH SECTI�N 255.05 FL�RIDA STATUTUES, AND � ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE N�TICE AND TIME LIMITATION PR�VISIONS IN SECTI�N ' 255.05(2), �LORIDA STATUTES � SOND NUMBER: SEIFSU0514430 ' C�NTRACT BOND � ' STATE �F �'L�RZDA COUNTY OF PIrT�LLAS �� KNOW ALL MEN EY TI3E5E PRESENTS: That we HILGURE CONSTRUCTTON LLC. 1 Co��ractor and ZNTERNATZON F�DELITY INSURANCE COMPANY (SurEty} whose home � address is ONE NEWARK CENTER 20T� FL�Q NEWAR NE'W SERSEY 0'7].Q2-5207 , '' � HERFI�NAFTER CALLED T�IE "Surety", are held azad �rmly bound into th� City of Clearwater, �. ,` ` Fl.orida (hereinafter called the "Own.er") in ihe penal sum of: TW� HUNDRED N7NETY-T�REE THOTJSAND FIVE HUNDRED THREE DOLLARS AND NZNETY-THREE CENTS t`` �" ,` '-. $293 503.93) fox the payment of which we bind ourselves, ouz heirs, cxecutors, admznistrators, � ° � `<::;;�. ,.; � ;. successors, anc� assigns far tlae faithful per%rmance of a certain written contract, dated tl�e�`� day a£,:. : 2� 0� entered into between the Cont�actoz and the City of Clea�water for: �•��:=�'` � >`� ` - ��: `'�:`%;'l'�':'>,�;;°� ; : : :.... 2Q09 SIDEWALKPRO.l'ECT (09�0039-EN) ��_ �;,�`�,:.;: : . _�;`::; :,,;' �,'�;,; , , , � :.. � a,�Qpy o� which said cozitract is incor�porafed herein by xeference and is rnade a part hereoi as if fully 1``'`y`';� � `;�`:"�;copied herein. ,�`''1��; ':'iy;:i;�• _ .. � NOW.:THEREFORE, THE CONDITTONS OF THIS OBLTGATZON ARE SUCH, tliat if th� �;-:;:;;'Cori�ractor shall in ar1 respects comply with the terms and conditions of said contract, including the � tine-y�ax.;guarantee af material and labar, and his obligations thereunder, ix�.cludin� the cantract documents whitch include the Advertisement fo;r Bids, Form of Proposal, Form of Contract, Form of :.:.;.:� , � "';`:.;Sizrety.Bond, Instructivns to Bidd�rs, General Conditions and Technical Specifications) and the � i P.la�is..-and Specifications therein referred to and made a part thereof, and such al�erations as rnay be made.i.n said Plans and Specifications as therein provided for, an.d shall indemni�'y rznd save haxmless ' .;;:;;:;.1;`:�r:::;�': :;r;::;:::,i;�: : .. the :sud ;Owner against and fi:om all costs, expens�s, damages, irijury oz canduct, want of care or ��:��'��;`''�'�:��skill;;�iegligence or default, includin.g patent infrin.gements on the part of the said Gontractor agents ``'`rc"`:;�;�:'�:',�`::�'or;:;'e�ployees, in the �x�cufian ar perform�nce of said cnntract, including errors in the plans -. ._ :.. . t: �'' �,: ;;` ti�,�',_, `ishec� by the Contractox, an.d further, if such "Contractor" ar "Contractors" shal.l promptly rnake �rn payments to al1 persans supplying him, them ar it, labar, material, and supplies used directly oz �=`:=�``'�� `�'iz�directly by said Cantractor, Cont�'actors, Sub-Contractor, or Sub-Contractoxs, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, th�. Contractor and �`'`' ``'',�Sure ,'' er an di£�'erence between the sum to which the ty �ointly and se�era11y agree to pay to the �wn y �': ,:s�id Contractor would be en.titled on the completion ofthe Cantract, and that whYch the Owner may be abliged to pay for the completion of said work by con.tract or othe�wise, & any damages, t�irect ar indixec� or consequen.tial, which said Ovvner may sustain on accaunt of such work, or an account of � the failure of the said Contractor to properly and :in a11 things, keep and execute all the provisions of ' said coz�tract. I.. 1 I' . Page 1 1 CONTRACT B�ND �2) Ax�.d the said Ca�tractor and Surety herehy further bi.�d themselves, their successors, executors, admizustratazs, atad assigns, jointly and sevexally, that they will amply and fu11y protect the said Ownez against, az�d will pay any and all amouz�ts, dam.ages, costs axad judgments which may be recovered against or which the Uwner may be called upon to pay to any person ar corporation by reasan of any dama�es arisi.ng from the �erformance of said work, or af the repair ar rn.aintenance thereof, ar the manner of doing the sarne or Che neglect of the said Contractor or his agents or servaixts or the improper perfannance of the said wark by the Contractor or his agents ox servants, or the infringements of any patent rights by reason of the use of any material fumished ar work done; as aforesaid, or ot�erwise. And the said Contractar aiZd Suzety hereby further bixad themselves, theix successors, heirs, executors, adnai.nistratars, and assign.s, jointly and severa.11y, to repay the owner any sum which the �w�er may be compelled to pay because of any lien for labor Znaterial furnished far the work, eznbraced by said Contract. And the said Surety, fax the value received, herehy stipulates and agrees that no change, extensian af time, alteration or addition to the tenns of the contract or to the work to be performed thereunder ar the specifica�.ons accornpazlying the same sha11 in any way affect its obligations on this bond, and it does�hereby wai.ve notice of any such change, extension of time, alteratian or additian to the tezYns af th� contxact or to the work or to the specificatians. IN�•TESTIMONY WHEREOF, witness the hands and seals ofthe parties hereta this � day of � , 20 _, K[G�RE CONSTRUCT�ON LLC.,_ . � �-�AT:TEST: - `'{ � :` . WZTNESS: �.. Cathy Knoke Page 2 �NTR.ACTOR ; , �_ _ By: �!� �� • f : ��v�UPK d'h�� . -- International Fidelity Insurance Gompany SURETY -- _ - By: �.---�=�-- -= p Y-IN-FACT �and: FI Licensad Resident Agent Kevin W�jtovNicz - [� ' ' 1 ' A Member of: N ielson, W�Jt��/�CZ� NeU QC ASSOCIaIeS N�elson & Cpmpany, lnc. THERE IS A DIFFERENCE... December 22, 2009 Kilgore Construction, LLC 11697 Walsingham Rd. Largo, FL 33778 , RE: City of Clearwater, as Obligee 2009 Sidewalk, as project Bond # SETFSU051�4430 1 LJ 1 1 1 ' 1 ' Dear Ladies and Gentlemen: Please supply us with the follawing inFarmation for the above captioned final bond: Executed Contract with Date: X This letter is also giving Kilgore Constructian, LLC , as Principal and/or City af Clearwater, as Obligee, the authority to complete these bonds by dating th� bonds with the contract date, execution and Power af Attorney dates. The contract date MAY BE THE SAME date as the execution of the bond or PRIOR to the execution date oi the bonds. We will forward this infarrnation onto yaur surety company upon our receipt. Please return as soon as possible. Thank you for your cooperation. :�<-. , P;•..�....,, �.� �,. Kevin �Vojtowicz �.. Att�y-in-Fact "�" KRW/cmk Praviding Bonds for the Construction lndustry 1126 Central Avenue, Suite 200, St. Petersburg, FL 337p5 , (727) 2Q9-1803 • Toll Free (800) 965-9597 • Fax (727) 209-1335 www.performancebonds.com J 1 CONTRACT � ' This CONTRACT made and entered into this $ day of , 2� by and betw�en the City of Clearwater, Florida, a municipal corporatian, her � after d signated as the "City", and HILGORE CONSTRUCTI�N, „LLC. of the City af CLEARWATER, County of PINELLAS ' and State of FLORIDA hereinafter designated as the "Contractar". WITNESSETH: ' That the parties to this cor�tract �ach in consideration of the undertakings, promises and a�eements on the part of the other herein contained, da hereby undertake, promise and agree as follows: ' The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the surns of znon�y as herein after set %rth to be paid by the City and to the Contractor, shall and vvill at their awn cost and expense perform all labor, furnish all materials, tools and equipment for the , following: 2009 SIDEWALK PROJECT (09-0039-EN) FOR THE SUM OF: TWO HUNDRED NYNETY- ' THREE THOUSAND FIVE HUNDRED THREE DOLLARS AND NINETY-THREE CENTS ��z��,so�.��. ' In accordance with such proposal and technical supplemental specifications and such other special pravisions and drawings, if any, which will be submitted by the City, together with any ' advertisement, instructions to bidders, general conditions, propasal and band, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractar and rts successors and ' assigns shall be fully campleted in a gaod and workmanlike manner to the satisfaction oi the City. If the Contractor should fail ta 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 �TS SUCCESSORS AND ASSIGNS DOES HEREBY � AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT ACAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVYTYES ARISING OUT OF THIS CONTR.ACT AND FURTHERM�RE, IN CONSIDERATION OF , THE TERMS, STIPULATIONS AND CUNDITIONS 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 CONTR.ACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS � OR EMPLOYEES RESULTING FROM ACTIVITIES SY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS �R EMPLOYEES. , Page 3 1 1 r 1 ' ' ' CONTRACT �2) In additian to the foregoing provisions, the Contractor agrees to canform ta the following requirements: In cona�►ection with the performance of work under this contract, the Contractor agrees nat to discriminate against any employee or applica�nt for employment because of race, sex, religion, color, oz national arigin. The aforesaid provision shall include, but not be limited to, the following: employtnent, upgrading, demotion, or transfer; recruitrnent or recruitment advertising; lay-off or terminatian; rates of pay or other forms of compensation; and selectian 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 cantracting officer setting forth the provisions of the non-discrimination clause. , The Contractar further agrees to insert the foregoing provisions in a11 contracts hereunder, including contracts or agreernents with labor unions and/or worker's representatives, except sub-contractors for standard comznercial supplies or raw materials. ' 11 1 LI 1 1 r � 1 ' 1 Tt is mutually agreed between the parties hereto that time is af the essence of this contract, and in the event that the work ta be performed by the Contractor is not coxnpleted within the tirne stipulated herein, it is then further agreed that the City may deduct from such sums or cornpensation as may b� due to the Contractor the sum of $1,000.00 per da�_ for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $].,UOO.UO per d� shall only and salely represent damages which the City has sustained by reason af the failure af the Cantractor to complete the work within the time stipulated, it being further agreed that this suxn 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 rnutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety band which is attached hereto for the faithful perfarmance of the terms and conditions as contained herein by the Cantractor, that the City shall at any time deem the surety or sureties upon such performance band to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occua-s, 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 tkie terms hereaf shall be completed and fumished ta the City in a form satisfactory to it. Page 4 1 ' 1 ' 1 ' � 1 � 1 1 1 1 1 1 1 , 1 ' 1 CONTRACT �-� ) IN W�TNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year tirst above written. CITY OF CLEARWATER tN PINELLAS COUNTY, FLORIDA Sy: i�. � Wi iam B. Horne, II City Manager Countersigned: By: �� / �� Frank Hibbard, ~ Mayor-Councilmember (Contractor must indicate whether Corporation, Partnership, Gampany or Individual.) (The person signing shall, in his own handwriting, sign the Principal's name, his own nanne, and his title; where the person is signing for a Carporation, he must, by Affidavit, show his authority to bind the Corparation). Page S Attest: r � Cyn ia E. Goudeau, (Seal) l:3iCl1lO �OiO Assistant City Attorney : ;�(��/�; � �� ---` - _ 'SEA� -_'- , � LJ ' ' ' CONTRACTOR'S AFFIDAVIT FUR FINAL PAYMENT (COR.PORATION FORM) STATE OF FLORIDA COUNTY OF PINELLAS On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, , who after being duly sworn, deposes ar�d says: That he is the (TITLE) af KILGORE CONSTRUCTION LLC. a Flarida Corporation, with its principal place of business located at l] 697 WALSINGHAM ROAD LARGO FLORIDA 33778 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of ' 20_, with tk►e CITY OF CLEARWATER, FLORYDA, a municipal corporation, as Owner, and that the Contractor was to perform the constxuction of: ' , ' C� ' [J 2009 SIDEWALK PROJECT (09-0039-EN) That said work has now been campleted and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligatians that might become a lien or encumbrance in connectian with said work against the described property. That he is znaking this affidavit pursuant to the requirem�nts oi Chapter 713, Florida Statutes, and upon consideration af the payir�ent of (Final Full Amount o� Contract) in full satisfaction and discharge of said cont�ract. 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 ot� the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subsczibed to before me ' This day of � � LJ r-� �� I+ �! 20 NOTARY PUSLIC My Commission Expires: Yage 6 � KILGORE CONSTRUCTION, LLC. AFFIANT : PRESIDENT LJ 1 PROPOSAL BOND (Not to be filled out if a certified check is submitted) � KNOWN ALL MEN SY THESE PRESENTS: as Principal, and _ as Suxety, who's address is _ LJ �J 1 1 1 � � That we, the undersigned, aze held and firmly bound unto the City of Clearwater, Florida, in the sum of Dollars ($ )(being a minimum of 10% af Cantractar's total bid amount) for the payment of which, well and truly to be rnade, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. The conditian af the above obligation is such that if the attached Proposal af as Principal, and Surety, for work specified as: 2009 SIDEWALK PROJECT (09-0039-EN) F?T.`1 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 Ferformance Bond with surety or sureties to be approved by the City Manager, this obligation shall be vaid, otherwise the same shall be in full force and virtue by law and the fixll amount of this Proposal Bond will be paid to the City as stipulated or liquidated damages. � Signed this day oi (1'rincipal must indicate whether ' corporation, partnership, campany or individual) 1 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 affida�vit, show his authority to bind the corporation. 1 1 1 20 Principal By: Title Surety , SectionV Page 7 of 14 Revised: 7/22/2008 1 � � THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A310 Bid Bond ' --. _.. . . KNOW ALL MEN BY THESE PRES�NTS, TMAT WE Kilgore Construction, L.I.0 __ ' 11697 Walsinqham Rd, Larao, FL 33778 _ ___ as Principal, hereinafter called the Principal, and International Fidelity Insurance Company ' T One Newark Center. 20th Floor, Newark, NJ 07102-5207 _„� a corporation duly organized under the laws of the State of NJ ' as Surety, hereinafter called the Surety, are held and firmly bound unto City of Clearwater � 112 S. Osceola Avenue, Clearwater, FI� 33756 ' as Oblig�e, hereinaft�r called the Obligee, in the sum of Ten Percent of Amount Bid Dallars ($ 10% ), for the payment of which sum well and truly to be made, the said Prmcipal and the said Surety, bind ourselves, our heirs, 'executors, administrators, successors and assigns, jointly and severally, �rmly by these presents. WHEREAS, the Prmcipal has submitted a bid for _Bid #09 0039 EN; 2009 Sidewalk 1 NOW, Th1EREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter in#o a Contract with 'the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter 'such Contract and give such band or bonds, if the Principal shall pay ta the �bligee the diffierence not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in goad faith contract with another party to perForm the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full f�rce and eifect_ ' Signed and sealed this r � � � ' CA'I �c /Ys 1� . S'/ 1 1 17th day af Nov�mber Kil are Construction, LLC (Principal) i ,�. i � International Fidelity Insurance (Surety) AIA DOCUNLENT A31tl � BID BOND � AIA � FEBRUARY 1970 ED. � T�-TF., ANiERICAN INST'ITLTE OF ARCHI"�'ECTS, 1735 N.Y. A�rE., N.�V., WASHINGTON, D.C. 20006 , 2009 (Seal) � iJ ��' (Title) (Sea/) (Tide) � � ' ' ' ' :� � i:.1 C) :'� � 1-i ( � •.� i�c: ...it{� I!1 .:lili.i l�l•li.�iC'{.i 11 t:�L '�illlV�i .. .. �:+`'��(�!-:-„ !�i) .;.. � �.. I : (.) �� F° I., {7 i�.I.I):'� � �. C.) �' \-I.1' C:) I= �� .............. ...... ......_.._ ) Vp � � I�C;e7'� ti�li�: .'A�. ,, .,_. i��.t. .,.i7i.i ti.. ll]i�i l. .- ``-�-�A?Jt1.__. _.. 4,�G3� � _ . ................ ..�� _ ____� � � r , ;..,.. ; �i�a,3tZ�!y . 7.., ' � � L . '; �\�> _ ,. , , , ,,.;F-.►.�.,.�. �._ ,...:.._�._.... 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G��:ra] Cc,nditic>sz�, S},c;ci�l i'rc'� isic,T��. ��.r�i� C`c�ntract B��jd. that ta� t,r i�i� rt�,recenta.ti� �?aas m.a�� :��ac-1�. i,��e�e�ti�tic�n �s i� caci��:�-�, tc, c��t�.m�i.n� tl��: �i��r�a�ter :�z1i �.�t�n1 ot ti�z. ��c�rk ��d la� ��i°c:,;x,��s .�ri3 a�-c�s tl�az if lhu 1'r�,}k�s;�i ly� ar.��at��ci. ��e: �� iii cx��itraci �� it1� tla� � it�� +,t Cl�.ar��ac��r. Flc,ri�a. a1-� rl�� f��7�� c�t� c��tract; herit�� a�a��a�i, to ��rc?�'�dL t1�� rtu:c�cscjn� lal��t�. �z�a�tirial�, an�ci�.iY�ery. e�ui�?ry��r�t� ti�:ll� nr ;�p��ratu�, i�� tl tl�e �a�c,r.k r��u.ire� to c��l��:e th� ��.ntr;��t ��it�zi.z.� t.i�c. ti.n.�c rn��ic�a�� i.n t:i��: C��cr�l � r�n��tic?ni ��d 3��c�t�iia�, 1n tiic r�,�yu�r��r�7�9te of t]�� Cit�= c,t (: ican�-at�r. Flr,xida. ati l�e,r�•iia a��c� �}�.rt:inafit�;r sea i�.�rtl1_ an� iurni�i� ih� r��uirc� �uretr t�nnds ti�r cl�� li�Ilc,��3�<�� ?rii:t:s ic, �a iA; �� F � • .��.��r;�i� �.C.C.S�; i !P1 �� ]�?i�C �'1.��9 =�ii'l') �4;: � �1� . . - ' �'el (�7�) 624-7200 1 ' 1 : 1 `: 1 �� i' �' L� �� A ��1�1�� .flJ.�l A��1�� A A�1�1�� li1�LJl g JL �1�1� V.[6t�l�l 1..� �O��t�11�1 ]L HQME OFFTCE: OIVE NEWARK CENTER, 20'�H FLOOR �'�r1pgK, N�W JERSE'Y 07102-5207 FOR l3ID SOND/RIDER/COT�TSENTSlA.FFIDAVTTS �NOW A.LT. MEP7 BY �'SES� �RESENTS: That XNI'ERNA'I'IONAL FIDEZ.XT"1' T1�5LRANCE COMPANX, a corporation organized and exisring laws of [he 5tate of New Jezsey, and having iu principal office in the City of Newark, New Jersey, does hereby constitute and appoint .. ... .................................................................................................................................................... - .................-- ...............__._.._...._.................. ............. GT.�NN ARVANITIS, 70HN R. NE[.T, KEVIN WO�TOWIC� St. Petersburg, FL. > .........................................................��---.............................._........................................._............... _..................................................................._........................................> irs true and lawful a[torney(s)-in-�'act to execute, seal az�d deliver for and on its behalf as swety, any and all bonds and undertaldngs, contracts oi indeiru�it}� ancl utber wrifings abligatory m the nature thereof, which are or may ha allowed, required or permit�ed by law, stature, rule re larion, contract or ocherwise, znd the execution oF such wstrument(s) in pursuance of these presents, shall be as bmd'mg upon the said IIV'I'ERN�i.�NAL FIDEL1'I"i' �S�)RANC� COMI'AI�IY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowladged by its ragularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by autLtoriry of Article 3-5ectivn 3, of the Sy Laws adopted by the I3oard of 1 D"vectors of �PITE1tTVATIONAT. Fff1ELT�'X AvSTIRANCE CONTPANX at a meedng called and held on the 7th day of February, I974. The Yresideut or any Vice President, Exeeutive Vice President, Seeretary or Assistant Secretary, sliall have power and authority (].) To appoint Attomeys-in-fact, and ro authorize them to execute on behalf of the Cotnpany, and attach the Seal of the Company therero, bonds and undertakings, conGacts of tndemnity and bther writings obligatory in the nature thereof and, ' (2) To remove, at any time, any such attoraey-in-fact and revoke the autiaority given. Purther, this Power of Attorney is signed and sealed by facsimile pursua.nt to resolution of che Soard of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1482 of which the following is a�ue excerpt: 'Now therefore the signatures of such officers and the seal of the Company, may be affixed to any such power of attorney or any certificate relating therero by facsimile, and any such power of attorney oc certi�icate bearing such facsimile stgnatures or facsim�e seal shall be valid and bindmg upon the Company and any such power so executed and cerhfied by facstmile signatures and facsimile seal shall be va!id and binding upon the Company in the future wid� respect, to any bond or underCaking to which it is attached. ' 1 � `o `irr r �►f c o�p p��G�� ' SEAL �" ��'',, � 19p4�. O y ``�l�RS-,� �Hr � ti�� If� TLSTIMONY WHE12E01�, TIVTERNA.'I'IONAL FIDELI'�'I�' XN5URANC� COMPA1rTY has caused t�'t�s°i�-��rument co be signed and its corporate seal to be affixed by its autlaorized officer, this 16th day of �ctober, A.D. 2D07. �r,� IN1'�TtNA'ITONAL FII)�LITY INSUR.A.NCE CON�[PANi' STAT� OF I�T'EV✓ 7ERSEY � County of Fssex Secretary �On this 16th day of October 2007, before me came the individual whv executed the preceding inshvtnent, to me personally known, and, bcing by me duly swom, said the he is iha therein described and authorized officer of the IN'T�7.2NAT10NAL FIDEI.XTi' INSURANC� CUMPAN'Y; that die seal affixed to said instrument is the Cotporate Seal of said Company; that the said Corporate Seal and his signature were duly affued by order of the Board of ]7irec[ors of said Company. - ' ' 1 1 ��A R �i�� r�ar,aRY � fl � � Pus�ic • � ��',1�R5� IN TFS'1'IIvION Y WHSRSOP, I have hareunw set my hand affued my Official Seal, at the City of Newark, New 7ersey the day and year first above written. - �� - - _ � - -.... r. A NOTAR'Y PUBT.IC OP NEW JERSEY _. CERT�E'ICATION My Commission Expirea Nav. 21, 2010 I, the undersigned officer of JN'T�RNA'I'IQI�'AL FIDELPI'Y INSLJRtLNCL� COMPANY do hereby certify that I have compared tfie foregoing copy o e 'Power of Attoraey and affidavit, and the copy af the Section of the By-La.ws of said Company as set forth in said Power of Auorney, with the ORIGII�AxS ON IN TFI� HOME QFFICE OP SAID COMPANY, and that the saine are correct �anscripts thereof, and of the whole of the said originals, and that the said Yower of Attomey has not been revoked and is now in full force and effect � TN TFSTIMQNY WHBREOF, I have heceunto set my hand this 1 l7 day of November� 2009. �OC.� `�j;j�i ��-� F � � Assistant Secretary 1 �_� 1'IZC:)I't.)ti:�i.. 1 �� 11 1a;t :'i?3't'?��3::1' i''�.�}"��>u.l ��l:f�� ?t �3C�i`i':i'i] -�\ _.�-:�'t. . • . l I:.'.::r'.Siti��. �-.�+,�i_iu:'. .��,; ,,,. .-?i�7�'tSi�_'i3�i1 �iai.i �cij� ii+ L'�::ii'.;i' ,. . �?i'��,l�li�l`� iilll:?I"�3i'1 �;i� �l::i!�'.:! .., .� ti . :�:, �:i1tt..7tt'iZl IiiT'L]3� .^.[?:._�.�'ti. ;17ti.� ili:' �_ it\' ii-i.i]Y. 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D��: :a��tjc„d�,r�� '��. D.�t�: .�ddcry�j�,�7� '�<>. ..... . ..__. Dat�: .._��_... ,1��c•x�13.ia�� '�`c,. Date: f'.,: I ? ,�t : a .....� �.._ �`� ��_ � �o �..6'. `� r�..�...�L.� !l� .._. ��._�. �° (�ii.i:?i° vi �;Jd�•ri o � /. i L,��, 1� t:?�� ..._ _........... ---..._...._ � (`i��n:�i�.u-�� .�f �_?ii�cer �a•y�.( /� �cY-vl.� --�..... .'.....__A. .. . _. _ — lT:tl� E�i t7fii��.r1 _. . _ . �_ /lJcx.J. . . �._.�,. _.._ ao a 9 --- - t C>:�tt ! f:�...��!: . __ ..�y:�w r7 �I 1 BiDDER'5 PR4POSAL PROJECT: 2�09 SIDEV►� ALK PROJEC'T (y9-0(►39-r _ � � ��, . BID IT��iS ' QT�- �'��lT j PRICE ; , � - NEW SiDEV►�ALKS � conswc� �� ct�ncrctc c�ae��alk (3.a1� Ps� �� F��'�4�h a.6sU 5f� ;�a �.- �� Rcinforcisi�) � `Cnr�trua 6" cc�n�7cxe sidev��a.lb (�.0(j('i PSl u•�Fii►cr !�4��sh 1.�6�J ' SF S� S� �, � � I R�infr+r�cin� �n.d f+�b x 1[I:'1cl w�elded r�'ire ti�esh) ' ' ; � A 0 � � 7 0 11 1' 13 ]� 15 RoM Pnin�ng _ "". `� ��1s ��;ir,.�� r�� cu,��a a��.�, i�� sF prepararian, 1n.S�allation and !�ainte.nance of Prajec� Sigrts ; 1 LS sus-mT.�t. �E�v sinE��,1t..K.� 10% CONTLtiGEhC�' , T�TAL NE��' S[DE�w'AL[�.S REMpVE/REPLACE SIDEVVALKS Reamo��e b� rcplarr �"" onr�re�e sidcwvalk (?.OtK�► r51 ��Fil�er 5U.a0t� 5F Mcs� Rcinfar�in Ranvt•e d". rcplacc 6" c�ncre�e sideu►�alk t�.00p PS1 w��Filxr • 9.fi�j S.F Mtsh Reinforcins and 6: b x I Oi 10 w•cld�d w ire �z��h 1 Insxal! tadile warnin� s�rface (trur�ca�ed dam4c) �{IU SF Pro�pa�r�ticx� Ins�alla�ion fi Mairnerjance af Amjcr{ Si�� 1 LS StB-TOT.4.[. RE1►tOvE�R.EpL.�CE SIDEr�r�LhS 10•/. CUNTI-\GE�CI' TOTAL REMOVFJREPLACE SIDEWALk.S � __ Si,B-TOTAL( LLyES 1-6 & L11�ES 10-13 ) �ror� io��. CO1�TI3�1GEl�CY (Ll.��.s � � �a� mTa� earrr�►cr cLllves s � �� COM'Rr�CTOR: oN 1`'��"�/o�J ' 1 1 ' ' w �� 1,� � �O.OY1 ' $� � � y�e . e�s. � ; i� '� 15 +� �3,�� , 8 �� • cr� \ � u�" S3 . �' �y e-n . o-� � 5�� - � I �3 .S� a-o i 3 'l-�% 3 0 � a..8 � � d �� .i•�.c- c-o � 3 .9'�"' I � 3 s � � o . �v � � � y�.� ; � � i�d.� .� � �Zo � i �'' L s � s i� � � °`a_1 cra.� o (A--'�..=- ; � G , ."t 3� �' �.0� 3 .S- ,.53 3��sr BIDDER'S TOT.�I. S V o ��% � _�_ _._. (�'u�nl�ercf BIDDER'S 'TOTAL S � �`�.�- _�"''` - �- � ��-C.['v-i° � 'I8' �.,� (\�'��cds) THE�SLDDER'S TOTAL ABOVE 1S H15 TOTAL BID BASED O:V HIS UNTT PRlCE.S AND LURiP' SUA1 PRICES ��D THE FSTII�4A'1'ED QU,�NTITIES REQUIRED. THIS FIGURE 15 Fpit IN�OR1►1�►TIOy OI�LY AT THE T1hiE OF OPENItiG BiDS. THE C�' �'4�iLL ?►IAKE THE TABULATiON--PROri--THE UNTT PRICES .�ND LIJI�'IF SU?�f PRfCE BiD. 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