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LONG CENTER CONCRETE REPAIR OF EXTERIOR COLUMNS 09-0011-PR (C) � , � � D � _/ } ; . . '�+fi�►������ � ' � �..�``��"~�:.�'"�`�.�'�� , � THE LONG CENTER ' 1501 N. BELCHER ROAD, CLEARWATER, FLORIDA t CONCRETE REPAIR OF EXTERIOR COLUMNS ' PARKS & RECREATION DEPT. � PROJECT NO. 09-0011-PR (C) ' CLEARWATER, FLORIDA ' McCARTHY AND ASSOCIATES, INC. i PROJECT NO. 10122 ' 2555 NURSERY ROAD, SUITE 101 CLEARWATER, FLORIDA 33764-3080 ' ' . � AUGUST 2011 t ' '- _ _ _ ______ ___ ___ _ _ __ _ __ _ � ADD�NDUM NO. 1 ' DATED:September 19,2011 TO THE llNAW1NGS AND PR03ECT MANUAL FOR: , CITY UF CLEARWATER PRO.IECT: Long Center Concrete Repair of Exterior Columns PROJECT NO. 09-0011-PR(C) t D'ATED: August,2011 PREPARED BY: PARKS AND RECREATION DEPARTMEN'T McCarthy&Associates,lnc. � 100 S.MYRTLE AVE. 255 Nurscry Rd.,Suite 101 CLEARWATER,FLORIDA 3375 Clearwater,FL 33764-3080 PHONE:727-562-4856 FAX:727-562-4825 ' THIS ADDENDUM NO. 1 iSSUF.D TO CLARIFY, 1NAlYDATORY PRE-BID MEETING MINUTES, DRAWINC $HEET, SECTION V B[DDER'S PROPOSAL BY THE PROSPECTIVE BIDDERS FOR LONG CENTER CONCRETE REPAIR OF ' EXTERIOR COLUMIYS PROJECT NO. 09-0011-PR (G� OF THE CON'l'ItAC7' UOCUMENTS FOR THIS WORK, THIS ADDENDUM CONSTITUTES A PART OF THE CONTRACT DOCUMENTS. ACKNOWLEDGE RECEIPT OF THIS ADDEI�TDUM OiY THE PROPOSAL FURM. � PART I PROJECT MANUAL Item No. 1:Mandatory Pre-bid Meeting Minutes,Detailed Scope of Work,Mandatory Pre-bid Sign in Sheet 1: Attached are the pre-bid meeting minutes and reflected in red are the changes Gom thc pre-bid agcnda and quesYions asked by the ' contractor and answers provided by the ArchitectJOwner and comments by the prospective bidders,Arehitect,and Owner. 2. Detailed Scope of Work contractor shall note minor changes to the scope of work as discussed at the pre-bid meeting and importattt issues stressed by the structutal engineer and owner are highlighted in red. 3. Mandatory pre-bid sign in sheet is included in this addendum. 1 Item No.Z:Last day for questions regards to the project 11:W AM,Thursday September 22,2411 no questions after date_and time will be sccepted or answered ' Item No.3:Thc prospective bidders view the site at their convenience and need not check in if they are outside of the building area. ' Item No.4:Plan S_5"xl t"Drawing—3aw Cut Concrete Band of 19 Columns&ReCnish Limestone of 5 Additional Columns 1. The site plan shows cloud where 19 columns for removal of concrete 2. S additional columns require limestone finish ' Item No.5:Revised Bidders Proposal Page 14&15 1. The sheet reflects adding 5 additional columns and contractor Co include saw cutting concrete band remova!and replacement of ' concrete with expansion joint.Cost of this work to be include in Bidder's Proposal line item,IV Coating Application,2. Entire Coium Surface Coating(Themo(lez). END OF ADDENDUM NO. 1 , ' � 1 ' 1 _ __ ___ _ _ _ ' ' CITY OF CLEARWATER Pre-Bid Meeting Minutes ' PROJECT: Long Center Concrete Repair of Extcrior Columns P'ROJECT NO. 09-QOl l-PR(C} Date/Time: September 14,2011 @ 10:00 A.M. ' Meeting Location: Long Center Athletic Offices2"d Floor 1501 N. Belcher Rd. ' . Clearwater,Florida. Contacts. City of(,learwater Project Manager: Leroy Chin,Tele:727-562-4856, E-maiL• leroa.chin cr,myclearwater com ' Consultants: McCarthy Xc Associates,Inc.—Brian Keane,P.E.,SECB Brief Summary Scope of Work: (Detailed scope of work see attachment) ' The work for which proposals aze inviEed eonsists of various types of concrete repairs at the damaged exterior columns,plus miscellaneous items identified in the contract drawings. In addition the work shall include a new limestone finish at all columns ' indicated. The following contractor qualitications are required: Company experience: Minimam oi 10 years doing specifically eonerctc repair and caating work;Project Superintendent Eaperience: Minimum ot 5 years doiog conerete repair'work; Association membership: Member of the International Concrete iZepair lnstitute(ICRI);Licenses required; State of Florida Certified General Contractor License;Pinellas County Contractors License Board;Submit project references on 5 similar ' projects;Able to provide a P&P bond. I. Sign-In Sheets—This is a mandatory meeting. Please complete the sign-in sheet legibly and cornpletely and legibly. Copies of the Pre-bid Conference sign-in sheet will be scanned and posted on the plan room website. t2. City's Plan roorn-Jiffy Reprographics 411 S.Garden Avenue,Clearwater,FloridA(727)445-1034—any e-mails from the plan house will be &om noticeCa�,designbiclbuild.nec NOT the City of Clearwater. It is the responsibility of the_prospecrive bidder to ensure that they have received all addendums. Piease make sure that Jiffy Reprographics has the correct contact name and email , address for your company. 3. If you have purchased plans through another plan house, please check un our website, www,myclearwater.com to ensure the ceceipt of any addenda information. ' 4. Pre-Qualificatian- If you are planning on bidding on this project, you must be pre-qualified in the S ial Concrete Re air and Coating Works with a minimuw pre-qualification amoant of�200,000.00 for this project. Pre-qualifications were due on ' 09l15/11,two weeks(ten business days)before the bid opening. Bid opening is 09/29/11 Contract Award is 1OL20/I l. 5. B1d Proposal Forms-rnust be eomplete. All auantities and costs must be tilled in. Please re-check your figures. ' 6. Proposal Bond—must be completely filled out with the 10%bid bond amount. 7. Questions—Submit in writing via email with Subject Title noted as`LONG CENTER CONCRETE REPAIR OF EXTERIOR , COLUMNS'to Leroy Chin, last day for questions regards to the project 11:00 AM,Thursday,September 22,2011 no questions after date and time wilt be accepted or answered. All questions must include Company Name,contact name,and email8c phone number of contssct person(in case clarification is nceded). Responses submitted will be answered before or at the lasl addendum issue date 1:30 PM,Friday,September 23,2011. ' 8. Contract Award date is October 20,2011 by City Council. ' 9. Contractor awarded the project shall eollecl cuntracfs frum Engineering Dep� on Friday,Oetober 21,2011 and has ten days to return signed contraets and performance bond for City Clerk to execute the contracts. 2 ' 1 _ __. _ _ _ 1 ' 10. Pre-construction Meeting to be determine,contractor awarded contact will be notified. l I. Schedule& Sequence of Work: ' l. Plans Availabie to Contractors—Tuesday,September 6,2011 2. Mandatory Pre-Bid Conference—10:00 AM Wednesday, September id,201 l,Long Center Room Athletic Offices on the 2"`' floor— 1 SO L N.Belcher Rd.,Clearwater,FL 33765 3. Last Day foc Submission of Questions— 11:00 AM,Thursday September 22,2011 ' 4. Bid Opening-Thursday,September 29,2011 5. Award Date by City Council-Thursday,October 20,2011 - 6. Contractor Collect Confract at Engineer Dept.Office to Execute—Friday,October 21,2011 7. Pre-Construction Meeting-Thursday October 27,2011 —Long Center Room Athletic Offices on the 2"d floor— 1501 N. , Belcher Rd.,Clearwater,FL 33765 8. Notice to Proceed November 7,2011 Construction Duration l50 Consecutive Calendar Days from Notice to Proceed 9. Project Completion-Friday,April 9,2012 , l2. Contractor shall collect Building Yermit no. BCP-2011-08561 fiom the Building Dept. at the Development Services 2°d Floor of the Municipal Service Building— 100 South Myrtle Ave. after he has installed temporary construction fence and silt fence of the proposed limits of wo;k area. There is no fee for these permits. ' 13. There is no SWFWMD Permit for this project 14. Prospective F3idders Question&ConsultandOwner Responses � E 5. Comments: a) Consultant-McGarthy Bc Associates,Inc—Brian Keane b) Owner—Parks&Recreation Department—Leroy Chin ' I. Contractor shall contact Pinellas County Air Quality Control l0 days prior to beginning the project presertt the agency �viCh the asbestos report in the technical speci6cations indicating there is no asbestos found in the samples taken. Copy ofthe response from Pinellas County Air Quality Control shall be submitted ro the City of Clearwater when collecting ' the building pemtit. 2. The awner will provide site office space for the conEractor with lockable storage during the construction period of the project, contractor sha11 provide the construction office space back ta the owner in similar condition provided to the contractor at the beginning of the project. Showed contractors construction office space during the�+valk through to the ' canslruction project. .i. Che contractor shall saw cut the existing concrete band of 19 columns in the courtyard. The saw cutting shall be at the joint line and 8-inches on either side of the column within the concrete band. 'I'his concrete shall be removed and replaced with new concrete 3,000 psi concrete with smooth toweled band upon cornpletion to the limestone finish af thc ' column. Limestone finish culumn shall be finished 6-8-inches below the existin�finished pave surface. A %:"inch th�ck expansion joint materia!full depth prior to reinstalling concrete around base ot'calumns.Cost of this work to be include in Bidder's Proposal line item, N Coating Application.2. Entire Colum Surface Caating(T'hemoflex).(see drawing) , �1 Recoat exterior of five co[omns on south face of building#300(see drawing)add S additional columns to bidders proposal for resurface columns. S. Contractor to provide atternate quotation for night time work for columns on ramp af building��100. c) Long Center Programming Staff—Mike Lockwood,Sandy Clayton,Kerry Marsalek,Shaun Beasley ' d) [JPARC Staff—Larry Phil[ipson 16. Tour of construction areas—Long Center Concrete Repair of Exterior Columns ' 17. Adjourn Meeting 1 ' 3 1 ' __ _ ' , CITY O�CLEARWATER Pre-Bid Meeting Miautes ' PROJECTr Long Center Concrete Repair of Exterior Columns PRO.TECT I�O. 09-0011-PR(C) DETAILED SCOPE DESCRIPT ON � I. DESCRIPTION The work shall consist of various types of concrete repairs at the damaged exterior columns, plus miscellaneous items identified herein. in addition,the work shall indude a new limestone finish at all columns indicated. ' I l. WORK PROCEDURE The work shall be in accordance with all applicable codes,and the referenced plans and specifications,as amended during the project. Note: 1'he Contractor shall coordinate and schedule the work as required to maintain the daily operation of the building. Unless otherwise approved,the work schedule will be Monday through Friday between the hours of 7:30 a.m.and ' S:30 p.m. III. SCOPE OF REPAIRS ' 1. Contractor shaU provide all barricades, shoring, etc., as necessary to protect tlie structure and safety of the residents, visitors,and workers at all times. 2. Demolition: a. Removal of concrete spall materials. ' b. Dust control. 3. Concrete repairs are as noted on the drawings and as specified hcrcin. Note: The cxtent of damagc is unknown,and will therefore be�ubject to the contractor's survey under Item#8d. below. 4. Concrete repairs shall be as directed by the Engineer, �r the enclosed specifications,and the applicable unit prices. ' S. New limestone ftnish on all exterior columns as noted on the drawings. 6. Miscellaneous painting ofthe exposed steel members and soffits requiring touch-up due to the work. 7. Protection of all horizontal and vertical surfaces adjacent to the work that are no subject to repa'v. 8. Quality Assurance: ' a. The Contractor's field superintendent is to review the project documents in total, and subsequently meet with the Engineer prior to starting the work to address any questions relevant to the project requirements. b. Contractor is to prepare mockups of�specified repair procedures for the engineer's review prior to proceeding , with the work. c. Contractor wil! also provide a pachometer, multi-meter, and an adequate supply of phenophtalein for the superintendent's use during the project. d. Note: Contractor is to inspect and sound all suspcctcd damaged concrete prior ta starting repairs. Subsequently; , the Contractor will provide a written repoR to the engineer on the extent of the conerete repairs required to include estimated quantities and cost projections based on the contract Schedule of Values. e. Owner will provide a Project Manager for coordination of daily activities within the facility,and confirmation of unit price quantities,along with other duties as required by the owner. ' f. The Contractor's superintendent will be required to mainlain a daily log on-site 'tdentifying the number of workers,work activity,change in weather conditions,etc. 9. Other items as specified herein(or shown on the drawings). ' 10. Other repairs may be required as part of this project that are not yet known. This will be as directed by the Owner (or) Engineer. The additional cost on this work shall be in accordance with the contract and funds utilized from allowances and contingency directives. 11. The Contractor shall close the second level access to all occupants when working in these areas. Contractor shall ' provide all necessary barriers to protect safety and welfare of the public during the implementation of the project. The ramp at the UPARC (east)side of the facility shall remain open at all rime for fire escape egress;shall not be blocked and no construction debris on ramp at any time during the construction period of this project. 12. lterns excluded in base bid: ' a) Any electrical work. b} Removal of ligt►ting protection and;einstallation by owner. c) The Owner will be replacing�he brick paving and concrete of the courtyard which is bordered by the Recreation Center, Aging Well Center and UPARC. The concrete column repair contractor will be required to coordinate ' his construction activity with the Owner's concrete flatwork contractor in the courtyard area. 4 ' ' _ _ _ _ _ 1 ' I 3. Asbestos survey(by owner}. (See Exhibit#4.) - 14. Work items specifically identified as"by owner". a. The contactor shall note the Long Center will continue to operate and program the entire facitity during column repairs ' and other miscellaneous repairs. The Long Center operation hours From 6:00 AM to 9:00 PM Monday-Friday, Saturday 8 AM-12:00 noon. The contractor shall take all precautions to protcct thc safety and welfare of the facility patrons and staff during the constructio.n period. Coniractor shall provide temporary construction fencing (6'x10 fence panels on , stands&caution signs on fence panels)as necessary during the construction period and provide a plan showing locations of the fencing at the pre construction meeting of phasing of the project. b. Conh-actor will not be able to work on all columns of the project at one time but must phase the project to allow access to the facility programming ' c. Contcactor shall provide maintenance of#raffic (M. O. 1'.}of pedestrian traf�ic and provide bamcades as necessary and approved locations by the engineer and Owner. d. The drive aisles shall not be bloek where traffic cannot pass and at no time shall the roundabout be blocked. e. The Upper Pincllas Association Retarded Citizens(UPARC)regular drop off and collection every day(Monday-Friday ' from 7:45-8:00 AM and 2:00-3:00 PM,there shall be no disruption at the roundabout during these times. t: An alternate item to ensure the safety and welfare of the UPARC clients is an option to performing the column repairs when the clients are not utilizing the facility and performing fhis work between the hours of 3:00 RM to 12:00 Midnight. Should the Owner decide the contractor to make column repairs of Building 400 during the hours 3:00 PM to 12:00 ' Midnight the contractor shall provide only the additional cost to perform the work at this stated scheduled time. g. Polieing properry and keep area clean of all construction debris at all times will be mandatory. ' IV. CONTRACTOR OUALIFICATIONS The folEowing contractor qualificatious are required: 1. Company experience:Minimum of 10 years doing speciticalty concrete repair and coating work. 2. Project Superintendent Experience`_Minimum of 5 years doing concrete repair work. ' 3_ Association membership:Member of the international Concrete Repair Institute(ICRIj. 4. Licenses required: State of Florida Certified General Contractor License. 5. Subrnit project references on 5 similar projects. 6. Able to provide a P&P bond. ' 7. Contractor(s)must be pre-qualified with the City of Clearwater prior to the bid opening.See Exhibit 6 V. ALTERNATES:(As identified in bill of quantities) ' VI. Contract Duration: 1. 150 consecutive calendar days from letter of notice to proceed from the owner. , VII. Praiect Schedule: 1. Plans Available to Contractors-Tuesday,September 6,2011 2. Mandatory Pre-Bid Conference-10:00 AM Wednesday, September 14,2011,Long Center RWm Athletic Offices on the 2nd , floor-I501 N.Belcher Kd.,Clearwater,FL 33765 3. Last Day for Submission of Questions-11:00 AM;Thursday September 22,2011 4. Bid Opening-Thursday,September 29,2011 5. Award Date by City Council-Thursday,October 20,20l 1 , 6. Contractor Collect Contract at Engineer Dept. Office to Execute-Friday,October 21,2011 7. Pre-Construction Meeting-Thursday October 27,201 l -Long Center Room Athletic Offices on the 2"°floor- 1501 N. Belcher Rd.,Clearwater,FL 33765 , 8. Notiee to Proeeed November 7,2011 Construction Duration 150 Consecutive Calendar Days from Notice to Proceed 9. Project Completion- Friday,April 9;2012 CONTRACT PERIOD: 150 CONSECUTiVE CALENDAR DAYS ' 1 5 ' , _ _ _ __ __ _ __ ___ _ _ _ __ _ _ _ _ _ , CITY OF CL�ARW.A,,TER Sign-in Sheet rLONG C�NTEI�t CONCRETE REPAIR OF ExTERIOR COLUMNS FRO.TF,C,T N�. 09-0011-PR (C) tLEROY CHIN,PROJECT MANAGER LONG CENTER-ATHLETIC OFFICES ,2ND FLOOR ' 1501 N.BELCHER RD.,CLEARWATER,FLORIDA WEDNESDAY,�aEPTEMBER 14, 2011 - 10:00 AM Signature Company&Phone#: E-Mail Address Time In ' City of Clearwater Leroy Chin � Parks&Rec.Dept. 727- lerov.chin(c�myclearwater com 10:00 AM 562-485b rBrian Keane,P,.E., SECB McCarttry&Associates,Inc. tmikeane(c�aol.com 10:00 AM 727-536-8772 ��-�rc�,, t ' ��rncoY+ �w rFoz�fzc c�v-�Sac�, � ��1��'7l ' C C?7"1 l�C'r OcT C'_h�s� �s �� �;�,-�;� �;�,,,�� ' C,�.�.-�d-, ��p�:��;. �a�c��•,�, (��b � � I�11 So�u��ksf�1�((¢ Rob� c-��- /CJ�'1 ' t G d�l "Sa�Jh, r,:� G�i�so✓► KeH�e �G v�wtCr•,col�_�o /Da� , �(1'1i!}r! `4�� 1 �A..ILLSU .��' C� C C��'� ��.1bGC�r1 'V � ' � `��-� c�.«�.�.\��- tG` ` ��t� O�.T�c� sreuc.Tu�u., cvqr�► sr�-E,�.s� u�e.. 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I 1 _ _ — _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _1 I _ __ _ _ _ _ _ __ � BIDDER'S PROPOSAL � PROJECT: LONG CENTER—CONCRETE REPAIR OF EXTERIOR COLUMNS PROJECT#: 09-0011-PR(C)—ADDENDUM NO. 1 -9/19/2011 � In conformance with the Instructions to Bidders, the Undersigned hereby offers to furnish, except as specifical(y excluded, all perrnits, labor, materials, taxes, lesting, tools, equipment, transportation, and insurance necessary to perform the work shown in the contract documents. Completion of the project shall be on or before the date indicated � herein. The initial contract amount shall be the total of the lump sum and unit price dollars shown on thc"Schedule of Values". The final contract amount will 6e based on the actual quantity of unit priee items completed and approved by the En�ineer anc!/or Owner's representative. Upon acceptance of this offer, the undersigtted shall enter into a � contract with the Owner, and provide satisfactory evidence of the existence of such insurance as may be required by the contract documents. � ITEM-BASE BID UNIT NO. DESCRIPTION iJNIT OTY PRICE PRICE I. General Conditions 1.Pern►its L.S. 1 No Charee t 2. Mobilization L.S. t 3. Repair Mockup L.S. 1 ' 4.Equipment L.S. 1 -- 5.Protecting Exisfing Surfaces L.S. 1 ___.__. ' 6. Supervision L.S. 1 II.DemoliEion 1. Remove Coating at Columns(Beyond Concrete Removal) S.F. 2,000 � 2. Dispose of lVlaterials L.S. 1 3, Dust Control L.S. ] ' III,Concrete Repairs 1.Column Spalls(form&c pour) C.F. 150 � 2.Crack Repair by Epoxy Injection L.F. 500 3.Anodes(XP2) EA. 300 4. Replace#3 Rebar Stim�ps L.F. 500 � 5.Rebar Splices (see detail) EA. 50 6.Stair Repairs(cc�br match) C.F. 10 , 7.Beam Repairs (color rnatch) C.F. 10 6.Elevated Flaor Repairs(color match} C.F. 10 N.Coating Application ' l.Corrosion Inhibitor S.F. 2,OU0 2.Entire Column Surface Coating('I'hermoflex) L.S. 67 EA. ' 3.Painting'l'ouch-up L.S. 1 r , _ADDENUM NO 1 SectionV.doc Page l4 of 14 9/27/201 U ' i _ ' SIDDER'S PROPOSAL Continued... ' PROJECT: LONG CENTER—CONCRETE REPAIR OF EXT'ERIOR COLUMNS PROJECT#: 09-0011-PR (C) ADDENDUM NO. 1 —9/19/2011 ' ITEM—BASE BID �T NO. DESCRIPTION UMT OTY PRICE PRICE V. Miscellaneous l.Miscellaneous Masonry WaL1 Repairs(*) L.S. 1 _$4,000.00_ ' 2. Miscellaneflus Repair Allowance(*) L.S. I $]0,000.00 3. Performance Surety Bond L.S i ' 4. Cleanup&I�emobilization L.S. l VI.Subtatal of Line Items Above $ ' VII. 10°/.Contingency** Line No.VI $ •*(Note contingency funds shall only utilized upon written approval by the Owner or the owner's representative to utilize these fund for additional Scope of Work not indicated in item L Uvough ' V.of the Bill of Quantities.Conringency funds not utilized in the implementation of his contract shall be returned to the owner by final change order during close out of the contract.) , VIIL Total of Line Vl(All Bid Items)&VII(10%Conti��gency) $ BIDDER'S TOTAL$ N���� ' B[DDER'S GRAND TOTAL NOTE: Words) ' 1.*Lu�np sum(LS)yuantities are for information only. The contactor to verify all LS quantities. 2. *Allowances(*)(Labor&Materials to be billed on Time and Material basis). 3. Unit prices items will require F.ngineer&Owner approval of contractor installed quantities. ' THE BIDDER'S TOTAL ABOVE IS HIS TOTA,L BID BASED ON FIIS UNIT PRICE3 AND LUMP SUM PRICES AND THE ESTIMATED QUANT[TIES REQUIRED. THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPEN3NG BIDS. THE CITY WILL MAKE THE TABULA'fION FROM THE UNIT PR[CES AND LUMP SUM PRICE BID. IF THERE IS AN ERROR IN ' THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY THE UNIT PRICES AND LUMP SUM PRICE SHALL GOVERN. THE CITY OF CLEARWATER RESERVES THE RIGHT TO ACCEPT OR REJEGT ALL BIDS. TFIE CONTRACTOR SHALL NOTE ALL BID ITEMS SHALI, BE PRICF.S AND BLANKS LEFT ON ANY ITEM THE BE WILL BE CONSIDERED A NON RESPONSIVE BID AIYD WILL NOT BE CONSIDERED IN AWARDING THIS PROJECT. � ITEM-ALTERNATES UN1T NO. DESCRIP'TION UNIT OTY PRICE PRICE Alternate: ' l. Contractor column repairs during the hours L. S. 1 3:00 PM to 12:00 Midnight of Building 400.Contractor shall provide only the additional cost to perform the work , at ihis stated scheduled time. Unit prices inereases/decrease of actual quantities shall be per the Schedule of Vatues ' 1. OH&P percentage for materials purchased on a time and material(T8c11�basis. ,qDp$ % 2. OH&P percentage for general contractor for sub-conh-actor service for additional work. ADD$ % 3. Labor rate for work performed on a time&material basis(include all taxes&fringe benefits). ADD$ /I IR � THE CITY OF CLEARWATER RESERVFS TEIE RIGHT TO SELECT ANY AND OR ALL OF THE ALTERNATE ITEMS AND OR REJECT ANY AND ALL ALTERNATE ITEMS. THE ALTEItNATE ITEMS SELECTED SHALL BE UTILIZEp IN THE TABULATION OF THE PROJECT AND SHALL DETERMINE TIIE LOW BIDDER ' _ADDENUM NO 1 SectionV.doc Yage 15 of 14 9/27/2010 ' � , SECTION I ' ADVERTISEMENT OF BIDS & NOTICE TO CONTRACTORS THE LONG CENTER ' 1501 N.BELCHER RD.—CLEARWATER,FL 33765 _ CONCRETE REPAIIt OF EXTERIOR COLUNINS CONTRACT#09-0011-PR(C) ' CLEARWATER,FLORIDA Copies of the Contract I?ocuments 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/cityprojects,ON TUESDAY, SEPTEMBER 6.2011,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 for which proposals are invited consists of various types of concrete repairs at the damaged exterior columns, plus miscellaneous items identified in the contract drawings. In addition the work shall include a new limestone finish at all columns indicated. The following contractor qualifications are required: Company ' experience: Minimum of 10 years doing specifically concrete repair and coating work;Project Superintendent Experience: Minimum of 5 years doing concrete repair work; Association membership: Member of the International Concrete Repair Institute (ICR.n; Licenses required: State of Florida Certified General , Contractor License; Pinellas County Contractors License Board; Submit project references on 5 similar projects; Able to provide a P&P bond. MANDATORY Pre-Bid Conference for all prospective bidders will be held on WEDNESDAY,SEPTEMBER 14, ' 2011, 10:00 AM, LONG CENTER, ATHLETIC OFFICES — 2'"D FLOOR 1501 N BELCHER ROAD CLEARWATER FLORIDA 33765 Representatives of the Owner and Consulting Engineer will be present to discuss this Project. ' Sealed proposals will be received by the Purchasing Manager, at the Purchasing Office, located at the Municipal Services B1dg.,100 South Myrtle Ave.,3rd Floor,Clearwater,Florida 33756-5520,until 1:30 P.M.on THURSDAY. SEPTEMBER 29. 2011 and publicly opened and read at that hour and place for LONG CENTER —CONCRETE , REPAIR OF EXTERIOR COLUMNS. A complete bidders package containing plans, specifications, bond forms, contract form, a�davits and proposal form is � available to the general public (Contractors, Sub-contractors, suppliers, vendors, etc.) for review and purchase. However, sealed proposals will only be accepted from those Contractors that are currendy City pre-qualiiied Contractors in the construction category of Snecialty Concrete Repair and Coatin�Works with a minimum , pre-guaGfication amount of$200,000.00. Contractors wanting to pre-qualify to bid this project must do so two(2)weeks/ten(10)workdays prior to the bid opening date. Pre-qualification documents are attached in the Section N-A of the Technical Specifications. , A 10%bid bond is required for all City of Clearwater projects. , The right is reserved by the City Manager of the City of Clea�water,Florida to reject any or all bids. The City of Clearwater,Florida ' George McKibben,Purchasing Manager (727)562-4634 ' _Sectionl.doc Page ] of] 8/27/2008 1 ' , SECTION II , INSTRUCTIONS TO BIDDERS Table of Contents: , SECTION II ...................... ' .............................................................................................................� 1 COPIES OF BIDDING DOCUMENTS..........................................................................1 ' 2 QUALIFICATION OF BIDDERS.................................................................................. 1 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE................................. 1 ' 4 INTERPRETATIONS AND ADDENDA.......................................................................2 5 BID SECURITY OR BID BOND....................................................................................3 ' 6 CONTRACT TIME..........................................................................................................3 7 LIQUIDATED DAMAGES.............................................................................................3 ' 8 SUBSTITUTE MATERIAL AND EQUIPMENT.........................................................3 9 SUBCONTRACTORS......................................................................................................4 ' 10 BID/PROPOSAL FORM.................................................................................................4 11 SUBMISSION OF BIDS . ,5 12 MODIFICATION AND WITHDRAWAL OF BIDS....................................................5 ' 13 REJECTION OF BIDS....................................................................................................5 14 DISQUALIFICATION OF BIDDER..............................................................................5 ' 15 OPENING OF BIDS.........................................................................................................5 16 LICENSES,PERMITS,ROYALTY FEES AND TAXES ...........................................6 ' 17 IDENTICAL TIE BIDS/VENDOR DRUG FREE WORKPLACE.............................6 18 AWARD OF CONTRACT............................................................................................... 7 ' 19 BID PROTEST..................................................................................................................7 20 TRENCH SAFETY ACI'.................................................................................................9 , 21 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL MANAGEMENT MEASURES.......................................................................................9 1 1 , ' _ScctionlI.doc i 3��q� 201] 1 ' , Section ll—Instructions to Bidders ' 1 COPIES OF BIDDING DOCUMENTS 1.1 Complete sets of the Bidding Documents are available at the CiTy of Clearwater's Plan Room — website address: www.mvclearwater.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 bidder's package containing plans, specifications, bond forms, contract form, affidavits and bid/proposal form is available only to pre-qualified ' bidders. Contractors, suppliers, or others who are not pre-qualified but who may be a possible subcontractor, supplier, or other interested person may purchase a "Subcontractor" package consisting of plans, specifications,and list of pay items. ' 1.2 Complete sets of Bidding Documents must be used in preparing bids. Neither the City nor the Engineer shall be liable for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents,by Bidders,sub-bidders or others. ' 1.3 The City, in making copies of Bidding Documents available on the above terms, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant , any other permission to use the documents for any other purpose. 2 QUALIFICATION OF BIDDERS , 2.1 Each prospective Bidder must pre-qualify to demonstrate,to the complete satisfaction of the City of Clearwater, that the Bidder has the necessary facilities, equipment, ability, financial resources and experience to perform the work in a satisfactory manner before obtaining ' drawings, specifications and contract documents. An application package for pre- qualification may be obtained by contacting the City of Clearwater, Parks & Recreation Department — Park, Planning & Project Manager at P.O. Box 4748, Clearwater, Florida ' 33758-4748 (mailing address); 100 South Myrtle Avenue, Clearwater, Florida 33756-5520 (street address only) or by phone at (727) 562-4856. All qualification data must be completed and delivered to the McCarthy & Associates Consulting Engineers at the 2555 ' Nursery Road, Suite 101, Clearwater, FL 33764 or by fax (72� 538-9125 not later than fourteen (14) days prior to the time set for the receipt of bids_ All Bidders must be pre- qualified by the McCarthy & Associates in doing Specialty Concrete Repair and Coating ' Works as outline in contractor qualifications detailed in Section N; Section 0000; Concrete Repairs of Exterior Columns; paragraph IV Contractor Qualifications and the Prequalificarion Forms. � 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE 3.1 It is the responsibiliTy of each Bidder, before submitting a Bid, to (a) examine the Contract , Documents thoroughly; (b)visit the site to become familiar with local conditions that may in any manner affect cost, progress, performance or furnishing of the work; (c) consider and abide by all applicable federal, state and local laws, ordinances, rules and regulations; and 1 (d) study and carefully correlate Bidder's observations with the Contract Documents, and notify Engineer of all conflicts,errors or discrepancies in the Contract Documents. 3.2 In reference to the Technical Specifications and/or the Scope of the Work for identification ' of those reports of explorations and tests of subsurface conditions at the site which have been utilized by the Engineer in the preparation of the Contract Documents,bidder may rely upon the accuracy of the technical data contained in such reports but not upon non-technical � SectionII.doc _ Page 1 of 9 3/14/2011 � � Section II—Instructions to Bidders ' data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction. In reference to those drawings relating to physical conditions of existing surFace and subsurface conditions (except Underground Facilities) � which are at or contiguous to the site and which have been utilized by the Engineer in preparation of the Contract Documents, bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of , bidding or construction. 3.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site are based upon information and data furnished to the , City and Engineer by owners of such Underground Facilities or others,and the City does not assume responsibility for the accuracy or completeness thereof unless expressly provided in the Contract Documents. � 3.4 Provisions concerning responsibilities for the adequacy of data fumished to prospective Bidders on subsurface conditions, Underground Facilities, other physical conditions, ' possible conditions, and possible changes an 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, perfonmance or furnishing the work in accordance with the tirne, price and other terms and conditions of the Contract Documents. 3.6 On request in advance, City will provide each Bidder access to the site to conduct such , explorations and tests at Bidder's own expense as each Bidder deems necessary for submission of a Bid_ Bidder shall fill all holes and clean up and restore the site to its former condition upon completion of such explorations and tests. , 3.7 The lands upon which the Work is to be perfonmed,rights-of-way and easements for access thereto and other lands desi�ated for use by the Contractor in performing the Work are , identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the City unless otherwise provided in the ' Contract Documents. 3.8 The submission of a Bid will constitute an unequivocal representation by the Bidder that the � Bidder has complied with every requirement of these Instructions to Bidders and that, without exception, the Bid is premised upon perfornung and furnishing the Work required by the Contract Documents by such means, methods, techniques, sequences or procedures ' of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of performance and fwnishing of the work. ' 4 INTERPRETATIONS AND ADDENDA 4.1 All questions as to the meaning or intent of the Contract Documents are to be directed to the ' Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be issued by Addenda, by the City's planroom to all parties recorded SectionIl.doc Page 2 of 9 3/14/2011 ' 1 1 ' Section II—Instructions to Bidders by the City's planroom as planholder's having received the Bidding Documents_ Questions ' received less than ten the time frame specified at the pre-bid meeting prior to the date for opening of Bids may not be answered. Only information provided by formal written Addenda will be binding. Oral and other interpretations of clarifications will be without ' legal effect. 4.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the City or Engineer. ' 5 BID SECURITY OR BID BOND 5.1 Each Bid must be accompanied by Bid Security made payable to the City of Clearwater in , an amount equal to ten percent(10%)of the Bidder's maximum Bid price and in the form of a certified or cashiers check or a Bid Bond(on form attached)issued by a surety meeting the requirements of the General Conditions.A cash bid bond will not be accepted. ' S.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the reyuired Payment and Performance bonds,whereupon the ' Bid Security will be returned. If the Successful Bidder fails to execute, deliver the Agreement and fiunish the required Bonds 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 with the successful Bidder or for a penod up to runety(90)days followuig bid opening. Security of other Bidders will be returned approximately fourteen (14) days after ' the Bid opening. 5.3 The Bid Bond shall be issued in the favor of the City of Clearwater by a surety company ' qualified to do business in,and having a registered agent in the State of Florida. 6 CONTRACT TIME � 6.1 The number of consecutive calendar days within which the work is to be completed is set forth in the Technical Specifications. ' 7 LIQUIDATED DAMAGES 7.1 Provisions for liquidated damages are set forth in the Contract Agreement. , 8 SUBSTITUTE MATERIAL AND EQUIPMENT 8.1 The contract, if awarded, will be on the basis of material and equipment described in the , Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item may be furnished or used, application for its acceptance ' will not be considered by the Engineer until after the effective date of the Contract Agreement. The procedure for submittal of any such application is described in the General Conditions and as supplemented in the Technical Specifications. , ' _Sectionll.doc Pa e 3 of 9 g 3!14/201 i � 1 Section II—Instructions to Bidders ' 9 SUBCONTRACTORS 9.1 If requested by the City or Engineer, the Successful Bidder, and any other Bidder so ' requested, shall, within seven (7) days after the date of the request, submit to the Engineer an experience statement with pertinent information as to similar projects and other evidence of qualification for each Subcontractor, supplier, person and organization to be used by the ' Contractor in the completion of the Work. The amount of subcontract work shall not exceed fifty percent (50%) of the Work except as may be specifically approved by the Engineer. If the Engineer, after due investigation, has reasonable objection to any proposed 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 Successful Bidder � declines to make any such substitution, the City may award the contract to the next lowest and most responsive Bidder that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations. Declining to make requested substitutions will not constitute grounds for sacrificing the Bid security to the City of any Bidder. Any , Subcontractor, supplier, other person or organization listed by the Contractor and to whom the Engineer does not make written objection prior to the recommendation of award to the City 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. 9.2 No Contractor shall be required to employ any Subcontractor, supplier, person or , organization against whom he has reasonable objection. 10 BID/PROPOSAL FORM ' 10.1 The Bid/Proposal Form is included with the Contract Documents and shall be completed in ink or by typewriter. Al] blanks on the BicUProposal Forms must be completed. Unit Prices shall be to no more than two decimal points in dollars and cents. The Bidder must state in ' the Bid/Proposal Form in words and numerals without delineation's, alterations or erasures, the price for which he will perform the work as required by the Contract Documents. Bidders are required to bid on all items in the Bid/Proposal form. The lump sum for each � section or item sha11 be for furnishing all equipment,materials, and labor for completing the section or item as per the plans and contract specifications. Should it be found that quantities or amounts shown on the plans or in the proposal, for any part of the work, are exceeded or ' should they be found to be less after the actual construction of the work,the amount bid for each section or item will be increased or decreased in direct proportion to the unit prices bid for the listed individual items. ' 10.2 Bids by corporations shall be executed in the corporate name by the president or a vice- president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be �xed. The corporate address and state of incorporation shall be , shown below the Signature. If requested, the person signing a Bid for a corporation or partnership shall produce evidence satisfactory to the City of the person's authority to bind the corporation or partnership. ' 103 Bids by partnerships shall be executed in the partnership name and signed by a general partner, whose title shall appear under the signature and the o�cial address of the partnership shall be shown below the signature. ' 10.4 All names shall be typed or printed below the signature. SectionlI.doc Page 4 of 9 3/14/20}1 ' � , ' Section Il—]nstructions to Bidders 11 SUBMISSION OF BIDS , 11_1 Sealed Bids shall be submitted at or before the time and at the place indicated in the Advertisement for Bids and shall be submitted in a 8.5"xll" manila envelope with the project name and number on the bottom left hand corner. If forwarded by mail,the Bid shall , be enclosed in another envelope with the notation "Bid Enclosed" on the face thereof and addressed to the City of Cleanvater, attention Purchasing Manager. Bids will be received at the office indicated in the Advertisement until the time and date specified_ Telegraphic or , facsimile bids received by the Purchasing Manager will not be accepted. 12 MODIFICATION AND WITHDRAWAL OF BIDS , 12.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered as described in the Advertisement of Bids. A request for withdrawal or a modification shall be in writing and signed by a person ' duly authorized to do so. Withdrawal of a Bid will not prejudice the rights of a Bidder to submit a new Bid prior to the Bid Date and Time. After expiration of the period for receiving Bids,no Bid may be withdrawn or modified. , 12.2 After a bid is received by the City, the bidder may request to modify the bid for typographical or scrivener's errors only. The bidder must state in writing to the City that a ' typographical or scrivener's error has been made by the bidder, the nature of the error, the requested conection 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 REJECTI ID ON OF B S ' 13.1 To the extent permitted by applicable State and Federal laws and regulations, the City reserves the right to reject any and all Bids, and to waive any and all infoxmalities. Crrounds for the rejection of a bid include but aze not limited to a material omission, unauthorized , alteration of form, unauthorized alternate bids, incomplete or unbalanced unit prices, or irregularities of any kind. Also, the City reserves the right to reject any Bid if the City believes that it would not be in the best interest of the public to make an award to that � Bidder,whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the City. The City reserves the right to decide which bid is deemed to be the lowest and best in ' the interest of the public. 14 DISQUALIFICATION OF BIDDER ' 14.1 Any or all bids will be rejected if there is any reason for believing that collusion exists among the bidders, the participants in such collusion will not be considered in future proposals for the same work. Each bidder shall execute the Non-Collusion Affidavit ' contained in the Contract Documents. 15 OPENING OF BIDS ' 15.1 Bids will be opened and read publicly at the location and time stated in the Advertisement for Bids. Bidders are invited to be present at the opening of bids. ' _Sectionll_doc Pa e 5 of 9 3/14/201 I g ' � Section lI—Instructions to Bidders , 16 LICENSES, PERMITS, ROYALTY FEES AND TAXES 16.1 The Contractor shall secure all licenses and pemuts(and shall pay all permit fees) except as ' specifically stated otherwise in the Technical Specifications. The Contractor shall comply with all Federal and State Laws, County and Municipal Ordinances and regulations, which in any manner effect the prosecution of the work. City of Clearwater building permit fees ' and impact fees will be waived except as specifically stated otherwise in the Technical Specifications. 16.2 The Contractor shall assume all liability for the payment of royalty fees due to the use of any ' construction or operation process, which is protected by patent rights except as specifically stated otherwise in the Technical Specifications. The amount of royalty fee, if any, shall be stated by the Contractor. ' 16.3 The Contractor shall pay all applicable sales,consumer,use and other taxes required by law. The Contractor is responsible for reviewing the pertinent State Statutes involving the sales tax and sales ta�c exemptions and complying with all requirements. ' 16.4 The City of Clearwater is exempt from state sales t� on materials incorporated into the WORK. The City of Clearwater reserves the right to implement the Owner Direct Purchase ' (ODP) Option, if indicated in the Scope of Work Description in Section IV — Technical Specifications and as defined in Section III—General Conditions. 17 IDEN1'ICAL TIE BIDSNENDOR DRUG FREE WORKPLACE ' 17.1 In accordance with the requirements of Section 287.087 Florida Statutes regarding a Vendor Drug Free Workplace, in the event of identical tie bids,preference shall be given to bidders ' with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a bid received from a business that certifies that it has , implemented a drug-free workplace program shall be given preference in the awazd process. Established procedures for processing tie bids will be followed if none or all of the tied bidders have a drug-free workplace program. In order to have a drug-free workplace ' program, a contractor shall supply the City with a certificate containing the following six statements and the accompanying certification statement: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, � dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. ' (2)Inform employees as to the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and ' employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that , are under bid a copy of the statement specified in subsection(1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will ' abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893, or of any controlled SectionIl.doc Page 6 of 9 3/14/2011 ' ' ' ' Section II—Instructions to Bidders substance law, of the United States, or of any state, for a violation occurring in the ' workplace no later than five(5)days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,by any employee ' who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through ' implementation of this section. I certify that this firm does/does not (select only one) fully comply with the above requirements. ' 18 AWARD OF CONTRACT 18.1 Discrepancies between words and figures will be resolved in favor of words. ' Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. ' 18.2 In evaluating the Bids,the City will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, unit prices, and other data as may ' be requested in the BidlProposal form. The City may consider the qualifications and experience of Subcontractors, suppliers and other persons and organizations proposed by the Contractor for the Work. The City may conduct such investigations as the City deems , necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons, and organizations to perform and furnish the Work in accordance with the Contract Documents to the City's satisfaction within the prescribed time. ' 18.3 If the Contract is to be awarded, it will be awarded to the lowest responsible, responsive Bidder whose evaluation by the City indicates to the City that the award will be in the ' best interest of the City. 18.4 Award of contract will be made for that combination of base bid and altemate bid items in the best interest of the City,however, unless otherwise specified all work awarded will ' be awarded to only one Contractor. 19 BID PROTEST ' 19.1 RIGHT TO PROTEST: Any actual bidder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of his/her complaints initially with ' the Purchasing Manager, and if not sarisfied, with the City Manager, in accordance with protest procedures set forth in this section. 19.2 PROTEST PROCEDURE: ' A. A protest with respect to the specifications of an invitation for bid or request for proposal shall be submitted in writing a minimum of five (5)work days prior to the opening of the bid or due date of the request for proposals, unless the aggrieved ' person could not have been reasonably expected to have knowledge of the facts giving rise to such protest prior to the bid opening or the closing date for proposals. Opening dates for bids or due dates for reqvests for proposal will be printed on the , bid/request document itself. _Sectionll.dce Page 7 of 9 3/14l2011 ' 1 Section II—Inswctions to Bidders ' B. Protests in respect to award of contract shall be submitted in writing a maximum of five (5) work days after notice of intent to award is posted, or is mailed to each bidder, which ever is earlier.Notice of intent to award will be forwazded to bidders � upon telephonic or written request. Protests of recommended award should cite specific portions of the City of Clearwater Code of Ordinances that have allegedly been violated. ' C. Exceptions to the five (5) day requirements noted in both A and B above may be granted if the aggrieved person could have not been reasonably expected to have ' knowledge of the facts giving rise to such protest prior to the bid opentng,posting of intent to awazd,or due date for requests for proposals.Request for exceptions should be made in writing,stating reasons for the exception. � D. The Purchasing Manager shall respond to the formal written protest withir► five (5) work days of receipt. The Purchasing Manager's response will be fully coordinated with the appropriate Departrnent Director and the Assistant CiTy Manager. ' E. If the protestor is not satisfied with the response from the Purchasing Manager, he/she may then submit in writing within five (5) work days of receipt of that response his/her reason for dissatisfaction, along with copies of his/her original , formal protest letter and the response from the Purchasing Manager, to the City Manager_ F. The City Manager as Purchasing Agent for the City has the final authority in the ' matter of protests. The City Manager will respond to the protestor within ten (10) work days of receipt of the appeal. 19.3 PROTEST FEE: � When filing a formal protest,the protesting vendor must include 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 re€und 100%of the fee paid. 19.4 STAY OF PROCUREMENT DURING PROTEST: In the event of a timely protest, the , Purchasing Manager shall not proceed with the solicitation or awazd of contract until all administrative remedies have been exhausted or until the City Manager makes written ' determination that the award of contract without delay is necessary to protect the best interest of the City. , r � � Sectionll.doc Page S of 9 3/14/201 I , ' ' ' Section II—Instructions to Bidders 20 TRENCH SAFETY ACT ' 20.1 The Bidder shall comply with the provisions of the City of Clearwater's Ordinance related to trench digging(Ordinance No. 7918-08) along with the Florida Trench Safety � Act (Sections 553.60-553.64,Florida Statutes)and the provisions of the Occupational Safety and Health Administration's (OSHA.)excavation safety standards,29 C.F.R.s 1926.650 Subparagraph P, or current revisions of these laws. , 21 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL . MANAGEMENT MEASURES , 21.1 The Bidder shall comply with the provisions of the Environmental Protection Agency (EPA)National Pollution Discharge Elimination System(NPDES)stormwater permit ' and implement stormwater pollution prevention plans(SWPPP's)or stormwater management programs(both using best management practices (BMPs)that effectively reduce or prevent the discharge of pollutants into receiving waters. ' A. The control of construction-related sediment loadings is critical to maintaining water quality. The implementation of proper erosion and sediment control practices during the construction stage can significantly reduce sediment ' loadings to surface waters. B. Prior to land disturbance, prepare and implement an approved erosion and sediment control plan or similar administrative document that contains erosion ' and sediment control provisions. NPDES Management Measures available at Citv of Clearwater En ing eerin� ' Environmental Division and EPA websites to help address construction-related Best Management Practices. References EPA website , � ' � ' ' , _Sectionll.doc Page 9 of 9 3/14/2011 ' , � SECTION III � GENERAL CONDITIONS ' Table of Contents: 1 DEFINITIONS.................................................................................................................. 1 � 2 PRELIMINARY 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 BEFORE STARTING CONSTRUCTION ..................................................................... 5 � 2.5 PRECONSTRUCTION CONFERENCE........................................................................6 2.6 PROGRESS MEETINGS.............................•----.......---....................................................6 3 CONTRACT DOCUMENTS,INTENT.........................................................................7 ' 3.1 INTENT............................................................�----.....---......---.......-�--•--........................... 7 3.2 REPORTING AND RESOLVING DISCREPANCIES..................................................7 ' 4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCEPOINTS....................................................................................................8 4.1 AVAILABILITY OF LANDS......................................................................................... 8 � 4.2 INVESTIGATIONS AND REPORTS............................................................................ 8 4.3 PHYSICAL CONDITIONS,UNDERGROUND FACILITIES..................................... 8 4.4 REFERENCE POINTS.................................................................................................... 9 , 5 BONDS AND INSURANCE............................................................................................9 5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND...............................9 , 5.2 INSURANCE................................................................................................................... 9 5.2.1 WORKER'SCOMPENSATIONINSURANCE......................................................... 10 5.2.2 PUBLIC LIABILITYAND PROPERTYDAMAGE COVERAGE............................ 10 � 5.2.3 COMPREHENSIVE A UTOMOBILE LIABILITY.................................................... 11 5.3 WAIVER OF RIGHTS.................................................................................................. 12 6 CONTRACTORS RESPONSIBILITIES..................................................................... 12 � 6.1 SUPERVISION AND SUPERINTENDENCE............................................................. 12 62 LABOR, MATERIALS AND EQUIPMENT............................................................... 13 � 6.3 SUBSTITUTES AND "OR EQUAL" ITEMS.............................................................. 14 6.4 RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND OTHERS........ 14 6.5 USE OF PREMISES...................................................................................................... 15 6.5.1 STAGINGAREAS.........................................................................................�--......._ IS � 6.5.2 RESTORATION TIME LIMITS................................................................................ I S 6.6 LICENSE AND PATENT FEES,ROYALTIES AND TAXES................................... 16 6.7 LAWS AND REGULATIONS...................................................................................... 16 ' 6.8 PERMITS....................................................................................................................... 16 6.9 SAFETY AND PROTECTION..................................................................................... 17 6.10 EMERGENCIES............................................................................................................ 18 � 6.11 DRAWINGS.................................•-----........................_.............................._..........---�---.. 18 _Section Il I.doc i 7/26/2011 � , 1 6.11.1 SHOP DRfIWINGS, SAMPLES, RFIs, and SUBMIT7'AL REVIEW........................ 18 ' 6.11.2 AS-BUILT DRAWINGS............................................................................................ 19 6.11.3 CAD STANDARDS................................................................................................... 21 6.11.4 DELIVERABLES.� .................................................................�----�-�--...-----..._............. 23 1 6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE...........................23 6.13 CONTINUING THE WORK...................••-..........---...................................._......---.._....23 6.14 INDEMNIFICATION................................................................�---................................ 23 , 6.15 CHANGES IN COMPANY CONTACT INFORMATION .........................................24 7 OTHER WORK..............................................................................................................24 7.1 RELATED WORK AT SITE........................................................................................24 ' 7.2 COORDINATION.........................................................................................................25 8 OWNERS RESPONSIBILITY......................................................................................25 9 OWNER REPRESENTATIVE'S STATUS DURING CONSTRUCTION..............25 9.1 OWNERS REPRESENTATIVE.........---�......................................................................25 9.2 CLARIFICATIONS AND INTERPRETATIONS........................................................25 � 9.3 REJECTING OF DEFECTIVE WORK...................•----................................--••------......26 9.4 SHOP DR.AWINGS, CHANGE ORDERS,AND PAYMENTS..................................26 9.5 DECISIONS ON DISPUTES.....................................................:..................................26 ' 9.6 LIMITATIONS ON OWNER REPRESENTATIVE'S RESPONSIBILITIES.............27 10 CHANGES IN THE WORK..........................................................................................27 ' 11 CHANGES IN THE CONTRACT PRICE...................................................................28 1 l.1 CHANGES IN THE CONTRACT PRICE....................................................................28 � l].2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT.......................30 1 l.3 UNIT PRICE WORK .....................................................�-----....---•--...................-----.......30 12 CHANGES IN THE CONTRACT TIME....................................................................30 � 13 TESTS AND INSPEC'I'IONS, CORRECTION,REMOVAL OR ACCEPTANCE OFDEFECTIVE WORK...............................................................................................31 ' 13_1 TESTS AND INSPECTION........-�................................................................................31 13.2 UNCOVERING THE WORK.......................................................................................32 133 OWNER'S REPRESENTATIVE MAY STOP THE WORK.......................................32 ' 13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK ........................................33 13.5 WARRANTY/CORRECTION PERIOD......................................................................33 13.6 ACCEPTANCE OF DEFECTIVE WORK................................................................... 33 13.7 OWI�iER MAY CORRECT DEFECTIVE WORK.......................................................34 ' 14 PAYMENTS TO CONT'RACTOR AND COMPLETION.........................................34 14.1 APPLICATION FOR PROGRESS PAYMENT...........................................................34 ' l42 CONTR.ACTOR'S WARR.ANTY OF TITLE...............................................................35 143 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS................................ 35 14.4 PARTIAL UTILIZATION............................................................................................36 ' 14.5 FINAL INSPECTION......................................................................�---....................._...36 14.6 FINAL APPLICATION FOR PAYMENT...................................................................37 14.7 FINAL PAYMENT AND ACCEPTANCE................................................................... 37 ' 14.8 WAIVER OF CLAIMS ...............................................................�-----.....---....•-------........ 38 _Sectionlll.doc ii 7/26l201 1 1 ' ' 15 SUSPENSION F W O ORK AND TERMINATION ....................................................38 ' I5.1 OWNER MAY SUSPEND THE WORK......................................................................38 152 OWNER MAY TERMINATE ................................................................�---..................38 15.3 CONTRACTOR MAY STOP WORK OR TERMINATE...........................................39 , 16 DISPUTE RESOLUTION..............................................................................................40 17 MISCELLANEOUS........................................•--............................................................40 ' 17.1 SUBMITTAL AND DOCUMENT FORMS.................................................................40 17.2 GIVING NOTICE..........................................................................................................44 17.3 NOTICE OF CLAIM.................................................�---.............--�--...................---........40 ' 17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED.....................................41 17.5 ASSIGNMENT OF CONTRACT.................................................................................41 17.6 RENEWAL OPTION....................................................................................................41 , 17.7 ROLL-OFF CONTAINERS AND/OR DUMPSTERS.................................................41 18 ORDER AND LOCATION OF THE WORK..............................................................41 ' 19 MATERIAL USED.........................................................................................................41 20 CONFLICT BETWEEN PLANS AND SPECIFICATIONS.....................................41 ' 21 OWNER DIRECT PURCHASE (ODP)OPTION.......................................................41 22 RESIDENT NOTIFICATION OF START OF CONSTRUCTION........................:.42 22.1 GENERAL................•-------..............._....-�-•-----...........................................--�---..........----.42 � 22.2 EXAMPLE..................................................................................�-�--.....--•------................42 23 PROJECT INFORMATION SIGNS............................................................................43 , 23.1 SCOPE AND PURPOSE...............................................................................................43 23.2 TYPE OF PROJECT SIGN,FIXED OR PORTABLE.................................................43 23.3 FIXED SIGN .................................................................................................................43 ' 23.4 PORTABLE SIGNS..........................................................................•--.........................44 23.5 SIGN COLORING.........................................................................................................44 23.6 SIGNPLACEMENT.....................................................................................................44 � 23.7 SIGN Iv1AINTENANCE................................................................................................44 23.8 TYPICAL PROJECT SIGN..........................................................................................45 24 AWARD OF CONTRACT,WORK SCHEDULE AND GUARANTEE..................45 ' ' ' ' , _Sectionlll.doc »� � 126/20I I ' ' ' Section III—General Conditions 1 DEFINITIONS ' Addenda Written or graphic instruments issued prior to the opening of Bids which clarify, correct ' or change the Bidding Requirements or the contract documents. Agent Architect, engineer or other outside agency, consultant or person acting on behalf of the ' City. Agreement , The written contract between Owner and Contractor covering the Work to be performed; other Contract Documents are atta.ched to the Agreement and made a part thereof as provided therein. ' Application for Payment The form accepted by Engineer which is to be used by Contractor in requesting progress or final payments and which is to be accompanied by such supporting documentation as ' is required by the Contract Documents. Approve The word approve is defined to mean satisfactory review of the material, equipment or ' methods for general compliance with the design concepts and with the information given in the Contract Documents. It does not imply a responsibility on the part of the Engineer to verify in every detail conformance with the Drawings and Specifications. ' Bid The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the work to be performed. , Bidding Documents The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the ' proposed Contact Documents (including all Addenda issued prior to receipt of Bids). Bonds Performanc e and payment bonds and other instruments of security. � Change Order A written order to Contractor signed by Owner and Contractor authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract � Time issued on or after the effective date of the Agreement. C11y ' The City of Clearwater, Pinellas County,Florida. Construction Inspector A person who is the authorized representative of the Construction Manager and inspects ' City construction projects in order to insure the Contractor's work complies with the intent of the Contract Documents. Construction Manager ' The person who is typically in responsible charge of City construction projects. The Construction Manager assumes responsibility for the management of construction contracts at the Preconstruction Conference. The Construction Manager chairs the ' Preconstruction Conference and is the authority on any disputes or decisions regarding _Sectionlll.doc Page I of 46 7/z6�2p�� � ' Section III—General Conditions ' contract administration and performance. The Construction Manager typically acts as the Owner's Representative during construction. Contract Documents � The Agreement, Addenda (which pertain to the Contract Documents}, Contractor's Bid (including documentation accompanying the bid and any post-Bid documentation ' submitted prior to the execution of the Agreement) when attached as an e�ibit to the Agreement, the Bonds, Instructions to Bidders, these General Conditions, any Supplementary Conditions, the Specifications and the Drawings, any other e�ibits identified in the Agreement,together with all Modifications issued after the execution of ' the Agreement. Contract Price ' The Contract price constitutes the total compensation (subject to authorized adjustments) payable by Owner to Contractor for performing the Work. Contract Time ' The number of days or the date stated in the Agreennent for the completion of the Work. 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 Schedule—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 identifies which activity is critical to the execution of the schedule. Day �A calendar day of twenty-four(24)hours measured from midnight to the next midnight. Defective ' An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to Engineers recommendation of final � payment. Drawings � The drawings, which will be identified in Technical Specifications or the Agreement, which show the character and scope of the Work to be performed and which have been prepared or approved by Engineer and are referred to in the contract documents. Shop , drawings are not Drawings as so defined. Engineer The duly appointed representative of the City Manager of the City of Clearwater. For the � purposes of this contract, the City Engineer of the City of Clearwater, Pinellas County, Florida, or his authorized representative. For certain projects, the Engineer may serve as the Owner's Representative during construction. , Engineer's Consultant A Person having a contract �.�vith Engineer to fi�rnish services as Engineer`s independent SectionlII.doc Page 2 of 46 7/26l201] � ' ' iSection III—General Conditions professional associate or consultant with respect to the Project and who is identified as � such in the Supplementary Conditions. F.D.O.T Specifications The Standard Specifications for Road and Bridge Construction as issued by the Florida , Department of Transportation(latest English edition). Furnish „ �� �� „ ��� �� „ �� � e wor s ish , furnish and install , install , and provide or words of similar meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service". � Inspection The term "inspection" and the act of inspecting means examination of construction to ensure that it conforms to the design concept expressed in the Drawings and Specifications. These terms shall not be construed to mean supervision, superintending or � overseeing. Laws and Regulations ' Any and all applicable laws, rules, regulations, ordinances, codes and orders of any kind of governmental bodies, agencies, authorities and courts having jurisdiction. Liens � Liens, charges, security interests or encumbrances upon real property or personal property. ' Milestone A principal event specified in the contract Documents relating to an intermediate completion date or time prior to the final completion date. ' Notice to Proceed(NTP) A written notice given by the Owner to the Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform his , obligations under the Contract Documents. Owner The City of Clearwater, Florida. For the purposes of this contract, the person who is the ' City's authorized representative from the City's Department with whom will be responsible for the maintenance and operation of the Work once the Work is completed. For certain projects, a designee of the Owner may serve as the Owner's Representative ' during construction. Owner's Representative ' Designee of the Owner with authority to act on behalf of the Owner during construction. Person A natural person, or a corporation, partnership, firm, organization, or other artificial ' entity. Project The total construction of which the Work to be provided under the Contract llocuments ' may be the whole or a part as indicated elsewhere in the Contract Documents. ' _SectionlIl.doc Page 3 of 46 7/26/2011 � ' Section IIl—General Conditions ' Partial Utilization Use by Owner of a substantially completed part of the Work for the purpose for which is intended(or a related purpose)prior to Final Completion of all the Work. � Representative of Contractor The Contractor shall assign a responsible person or persons, one of whom shal] be at the construction site at all times that work is progressing. The names and positions of these ' persons shall be submitted to the City Engineer at the time of the pre-construction conference. This person or persons shall not be changed without written approval of City Engineer. � Request 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 specifically � prepared by or for Contractor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a supplier and submitted by Contractor to illustrate material or , equipment for some portion of the Work. Specifications Those portions of the Contract Documents consisting of written technical descriptions of � materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor , A person having a d'uect contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the site. � Substantial Completion The Work (or a specified part thereo� which has progressed to the point where, in the opinion of Engineer, as evidenced by Engineer's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract documents, so �: that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued,when the Work is complete and ready for final payment � as evidenced by the Engineer's recommendation of final payment. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereo£ , Supplementary Conditions The part of the Contract which amends or supplements these 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, firm or corporation which is bound with Contractor and which engages to be ' responsible for Contractor and his acceptable performance of the Work by a Bid, Performance or Payment Bond. Sectionlll.doc Pa�e 4 of 46 7/26/201] , �. , ' Sec[ion III—General Conditions Underground Facilities ' All pipelines, conduits, ducts, cables, wires manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or matenals: electncity, � gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal or treatment, traffic or other control systems or water. ' Unit Price Work Work to be paid for on the basis of unit prices. Work ' The entue completed construction or the various sepazately identifiable parts thereof required to be fumished under the Contract Documents. Work includes and is the result of performing or furnishing labor and incorporating materials and equipment into the � construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. � Work Change Directive A written directive to Contractor, issued on or after the Effective Date of the Agreement and signed by the Engineer, ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be � performed or emergencies. Work Change Directive will not change the Contract Price or Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued ' Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. � 2 PRELIMINARY MATTERS 2.1 DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE � When Contractor delivers the executed Agreements to 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. 2.2 COPIES OF DOCUMENTS ' Engineer shall furnish to Contractor one (1) copy of Contract Documents for execution. Additional copies will be furnished, upon request, at the cost of reproduction. ' 2.3 COMMENCEMENT OF CONTRACT TIME/NOTICE TO PROCEED; STARTING THE PROJECT � The Contract Time will commence on the day indicated in the Notice to Proceed. Contractor shall start to perform the work on the date the Contract Time commences to run. No work sha11 be done at the site prior to the date that the Contract Time commences to run. , 2.4 BEFORE STARTING CONS'fRUCTION Before undertaking each part of the Work, Contractor shall carefully study and compare the , Contract Documents and check and verify pertinent figures shown thereon and all applicable _Sectionlll.doc Page 5 of 46 . 7/26/2011 � ' Section III—General Conditions � field measurements. Contractor shall promptly report in writing to Engineer any conflict, error or discrepancy which Contractor may discover; and shall obtain a written interpretation or clarification from Engineer before proceeding with any work effected thereby; however, ' Contractor shall not be liable to the Owner for failure to report any conflict, error or discrepancy in the Drawings or Specifications, unless Contractor had actual knowledge thereof or should reasonably have known thereof. � No verbal agreement or conversation with any officer, Agent or employee of 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 obtain this insurance will be the sole responsibility of the Contractor. 2.5 PRECONSTRUCTION CONFERENCE , Within twenty (20) days of Award of Contract and before the start of the Work, the Owner's � Representative shall schedule a preconstruction conference to be attended by Contractor, Engineer, Owner and others as appropriate to establish a working understanding among the parties as to the Work and to discuss the schedule of the Work and general Contract procedures. � Typically, oversight of the project officially passes from the Engineering Department to the Construction Department at the preconstruction conference. In these cases, the preconstruction conference is run by the Construction Department and chaired by the City's Construction � Manager. The Contractor shall deliver to the Owner's Representative at the Preconstruction Conference a color Critical Path Method (CPM) Construction Schedule. This is to be a sequence of events � including submittal review and procuremen4. Notice to Proceed is usually established at this conference and such date can be inserted into the schedule at that time. The Contractor shall also bring a Submittal Schedule for review by the Engineer. This is to make sure that the list is � complete and this schedule shall be the basis of a Submittal Log. The Contractor shall deliver to the Owner's Representative at the preconstruction conference a � completed Emergency Call List and a completed Authorized Signature List. The Owner's Representative shall deliver to the Contractor at the preconstruction conference a project disk that has all of the necessary data and survey control points for the purpose of � construction stakeout and as-built survey. The Owner's Representative shall deliver to the Contractor at the preconstruction conference a Contractor evaluation package. This is for the purpose 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 Meetings. These meetings will be scheduled on 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 (RFI) log, a look-ahead schedule to cover the pro�ect activity from the current meeting to the ne�ct meeting, and all material test reports generated in the same time period. � Sectionlll.doc Page 6 of 46 7/26/201 I 1 I , ' Section Il1—General Conditions 3 CONTRACT 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 complementary;what is called for by one is as binding as if called for by all. It is the intent of the Contract Documents to describe a functionally complete project (or part thereo fl to be � constructed in accordance with the Contract Docuxnents. Any Work, materials or equipment which may reasonably be inferred from the Contract Documents or from prevailing custom or from trade usage as being required to produce the intended result will be furnished and ' performed whether or not specifically called for. When words or phrases, which have a well- known technical or construction industry or trade meaning, are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. , Clarifications and interpretations of the Contract Documents shall be issued by the Owner's Representative. Reference to standards, specifications,manuals or codes of any technical society, organization or association, or to the code, Laws or Regulation of any governmental authority, � whether such reference be specific or by implication, shall mean the latest standard specification, manual or code,or Laws or Regulations in effect at the time of opening of Bids except as may be otherwise specifically stated in the Contract Documents. However, no provision of any � referenced standard specification, manual or code, whether or not specially incorporated by reference in the responsibilities of Owner or Contractor as set forth in the Contract Documents, shal] change the duties and responsibilities of Owner, Contractor, Engineer or Owner's � Representative, or any of their Agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract shall be issued by the Owner's Representative. Each and every provision of law and clause required by law to be inserted in � these Contract documents shall be deemed to be inserted herein, and they shall be read and enforced as through it were included herein, and if through mistake or otherwise, any such provision is not inserted, or if not correctly inserted,then upon the application of either party,the ' Contract Documents shall forthwith be physically amended to make such insertion. 3.2 REPORTING AND RESOLVING DISCREPANCIES ' If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any ' such standard, specification, manual or code or of any instruction of any Supplier, Contractor shall report it to the Owner's Representative in writing at once, and Contractor shall not proceed with the Work affected thereby (except in an emergency) until an amendment or supplement to , Contract Documents has been issued by one of the methods provided in these General Specifications, provided however, that Contractor shall not be liable to Owner, or Owner's Representative for failure to repori any such conflict, error, ambiguity or discrepancy unless ' Contractor knew or reasonably should have known thereof. , � _Sectionlll.doc Page 7 of 46 7/26/2011 ' � Section III—General Conditions ' 4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 AVAILABILITY OF LANDS 1 The Owner shall fumish, as indicated in the Contract Documents, the lands upon which the � Work is to be Performed, rights-of-way, easements for access thereto, and such other lands which are designated for the use of contractor. The Owner shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so fumished 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 Owner, unless otherwise provided in the Contract Documents. , 4.2 INVESTIGATIONS AND REPORTS Reference is made to the Supplementary Conditions and Technical Specifications for ' identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by Engineer in preparation of the Drawings and Specifications. Such � reports axe not guaranteed as to accuracy or completeness and are not part of the Contract Documents. Contractor shall promptly notify the Owner's Representative in writing of any subsurface or latent physical conditions at the site, or in an existing structure,differing materially � from those indicated or referred to in the Contract Documents. Engineer will promptly review those conditions and advise if further investigation or tests are necessary. Owner or Engineer shall obtain the necessary additional investigations and tests and furnish copies to the Engineer � and Contractor. If Engineer finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions, which differ materially from those, indicated in the contract Documents, and which could not reasonably have been anticipated by Contractor, a � work change or Change Order will be issued incorporating the necessary revisions. 4.3 PHYSICAL CONDITIONS, UNDERGROUND FACILITIES , The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data fumished to Owner or Engineer by the owners of such Underground Facilities or by others. Unless otherwise � expressly provided in the Contract Documents, Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and the cost of all the following will be included in the Contract Price and contractor shall have full responsibility for: (i) , reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such ' Underground Facilities and repairing any damage thereto resulting from the Work. The Contractor is required to call the LOCAL PUBLIC UTILITY NOTIFICATION CENTER prior to any excavation per State regulations and to notify any utility owners who are not a , member of the LOCAL PUBLIC UTILITY NOTIFICATION CENTER prior to any excavation. The LOCAL PUBLIC UTILITY NOTIFICATION CENTER is an agency for the protection and location of utilities prior to any excavation and contact number is available in ' local telephone directory. SectionIll.doc Page 8 of 46 7/26/2011 � � ' ' Section]ll—General Conditions 4.4 REFERENCE POINTS , Engineer shall provide engineering surveys to establish reference points for construction, which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference ' points and shall make no changes or relocations without the prior written approval of the Owner and Engineer. Contractor shall report to Engineer whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be ' responsible for the accurate replacement or relocation of such reference points by a surveyor licensed in the State of Florida. The Contractor is ieferred to the Technical Specifications for more specific information regarding the provision of construction surveys. If a City survey crew ' is assigned to the project and there is excessive stake replacement caused by negligence of Contractor's forces after initial line and grade have been set, as determined by the Engineer, 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 BONDS AND INSURANCE 5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND � Contractor shall furnish a Performance and Payment Bond in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents.This bond shall remain in effect at least one year after � the date when final payment becomes due, unless a longer period of time is prescribed by laws and regulations or by the Contract Documents. Contractor shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the ' �Contract Documents and shall be executed by such sureties as are named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, � Bureau of Government Financial Operations, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of such agents' authority to act. All bonds shall be deemed to contain all of the Conditions of Section 255.05, Florida Statutes, even if such � language is not directly contained within the bond and the Surety shall be licensed and qualified to do business in the State of Florida. Owner reserves the right to reject any surety. If the Surety on any Bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to ' do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of these Contract Documents, the Contractor shall within five days after notice thereof substitute another Bond and surety, both of which must be acceptable to Owner. ' S.2 INSURANCE Contractor shall purchase and maintain such liability and other insurance as is appropriate for the � Work being performed and fumished and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance and furnishing of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed or ' furnished by Contractor, and Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable for the following: (i) Claims under worker's compensation, disability ' benefits and other similar employee benefit acts; (ii} Claims for damages because oF bodily _Sectionlll.doc Page 9 of46 7/26l201] � ' Section III—General Conditions , injury, occupational sickness or disease, or death of Contractor's employees; (iii) Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; (iv) Claims for damages insured by customary personal injury liability , coverage which aze sustained by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or by any other person for any other reason; (v) Claims for damages, other than to the Work itself, because of injury to or destruction of tangible � property wherever located, including loss of use resulting therefrom; and (vi) Claims for damages because of bodily injury or death of any person or property damage azising out of the ownership, maintenance or use of any motor vehicle. The Contractor shall deliver to the Owner, � with copies to each additional insured identified in the Supplementary Conditions, certificates 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 , paragraph. The policies of insurance so required by this paragraph to be purchased and maintained shall: (i) include as additional insured (subject to any customary exclusion in respect of professional liability) 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 o�cers and employees of all such additional insures; (ii) include completed operations insurance; (iii) include contractual liability insurance covering Contractor's � indemnity obligations in Article for Contractor's Responsibilities; (iv) contain a provision or endorsennent that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to the Owner, and Contractor � and to each other additional insured identified in the Supplemental Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor as described in this paragraph); (v) remain in effect at least until final payment and at ' all times thereafter when Contractor may be correcting,xemoving or replacing defective Work in accordance with Article for Correction of Defective Work; (vi) with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, shall remain in ' effect for at least two years after final payment. Contractor shall furnish the Owner and each other additional insured identif ed 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 of the authorized insurance agent for the Insurer. The limits of liability for the insurance required shall provide coverage for not less than the � following amounts or greater where required by laws and regulations: 5.2.1 WORKER'S COMPENSATION INSURANCE , Contract Award Amount Contract Award Amount Under$1,000,000. $1,000,000. and Over (1)Workers' Compensation Statutory Statutory , (2)Employer's Liability $500,000. $1,000,000. � 5.2.2 PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE Comprehensive General Liability including Premise/Operations; Explosion, Collapse and � Underground Property Damage; Products/Completed Operations, Broad Form Contractual, Independent Contractors; Broad Form Property Daniabe; and Personal Injury liabilitics: , SectionIIl.doe Page I 0 of 46 7/26/201] � ' ' Section III—General Conditions Contract Award Amount Contract Award Amount ' Under $1,000,000. $1,000,000. and Over I (1)Bodily Injury: $500,000. Each $1,000,000. Each , I Occurrence Occurrence , $1,000,000. Annual $1,000,000. Annual ' Aggregate Aggregate � I 2 Pro ert Dama e: $500 000. Each $1 000 000. Each , � ) P Y g , , , ' Occurrence Occurrence ' ��, $1,000,400.Annual $1,000,000. Annual , Aggregate Aggregate , (3)Personal Injury,with $1,000,000.Annual $1,000,000.Annual employment exclusion deleted Aggregate Aggregate � 5.2.3 COMPREHENSIVE AUTOMOBILE LIABILITY including all owned (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 $1,004,000.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 Insurance, or other similar document does not constitute acceptance or approval of amounts or types of coverages, which � may be less than required by these Contract Documents. 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 of exposure unless otherwise stipulated. No deductibles will be accepted without prior approval from Owner. , Longshore and Harbor Worker's Comnensation Act: Section 32 of the Act, 33 U.S.C. 932, requues an employer, with employees in maritime employment, to secure the payment of benefits under the Act either by insuring with an insurance carrier authorized by the U.S. , Department of Labor, or to be authorized by the U.S. Department of Labor as a self-insurer. For General Contractors: Section 4(a) of the Act provides that every employer shall be liable for and shall secure the payment to his employees of the compensation payable under Sections 7, ' 8, and 9 of the Act. In the case of an employer who is a subcontractor, only if such subcontractor fails to secure the payment of compensation shall the contractor be liable for and be required to secure the payment of compensation. 1 _Sectionlll.doc Page 11 of 46 7/26/2011 � ' Section III—General Conditions � 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 losses and � damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insured or additional insured thereunder, 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 addition, waive all ' such rights against Sub-contractors, Engineer, Engineer's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insured or additional insured under such policies for losses and damages so caused. None of tl�e above waivers sha11 extend to the rights that any party making such waiver may have to the proceeds of insurance otherwise ' payable under any policy so issued. In addition, the Owner waives all rights against Contractor, Subcontractors, Engineer, Engineez'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 Owner property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by the Owner and; (ii) loss or damage to the completed Project or part thereof caused by, arising out of or resulting ' from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by the Owner during partial utilization, after substantial completion or after final payment. � 6 CONTRACTORS RESPONSIBILITIES 6.1 SUPERVISION AND SUPERINTENDENCE I Cbntractor shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and experiise as may be necessary to perform the � Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. Contractor shall not be responsible for the negligence of others in the design or specification of a specific means, � method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. Contractor shall be responsible to see that the completed work complies accurately with the ' Contract Documents. Contractor shall keep on the work at all times during its progress a competent resident superintendent, who shall not be replaced without notice to the Owner's , Representative 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 employ only competent persons to do the work and whenever the Owner's � Representative shall notify Contractor, in writing, that any person on the work appears to be incompetent, unfaithful, disorderly, or otherwise unsatisfactory, such person shall be removed Sectionl[I.doc Page 12 of46 7/26/2011 , � ' ' Section lll—General Conditions from the project and shall not again be employed on it except with the written consent of the � Owner's Representative. Contractor shall reimburse Owner for additional engineering and inspection costs incurred as a result of overtime work in excess of the regular working hours or on the Owner normally � approved holidays. At such times when Inspector overtime is required, the Contractor shall sign an overtime slip documenting such hours and the Contractor shall be provided a copy for his records. At the end of the project and prior to payment 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 not be released until the Owner has received this check. Minimum number of chazgeable hours for inspection costs on ' weekends or holidays shall be four hours. The cost of overtime inspection per hour shall be $60.00 per hour. Contractor shall provide and maintain in a neat and sanitary condition, such sanitary , accommodations for the use of Contractor's employees as may be necessary to comply with the requirements of Laws and Regulations and the Engineer. 1 6.2 LABOR, MATERIALS AND EQUIPMENT Contractor shall provide competent, suitably qualified personnel to survey, lay out and construct � the work as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the work or property at the site or adjacent thereto, and except as otherwise mdicated in the Contract Documents, all work at the site shall be performed during regular working hours � and Contractor will not permit overtime work or the performance of work on Saturday, Sunday, or any legal holiday without the Owner consent given after prior notice to Engineer. ' Unless otherwise specified in the General Requirements,Contractor shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, ' temporary facilities, and all other facilities and incidentals necessary for the furnishing, performance,testing, start-up and completion of the Work. All materials and equipment installed in the Work shall be of good quality and new, except as � otherwise provided in the Contract Documents. If required by Engineer, Contractors shall furnish satisfactory evidence (including reports of required tests) as to the quality of materials and equipment. The Contractor shall provide suitable and secure storage for all materials to be used � in the Work so that their quality shall not be impaired or injured. Materials that are improperly stored,may be rejected by the Engineer without testing. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and , conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise provided in the Contract Documents. � The City 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 the Contract Docutnents. In such event, the Contractor shall cooperate and assist the Owner of , Clearwater, at no additional cost,to implement the ODP documents and procedures_ ' _Sectionlll_doc Page l3 of46 7/26f201I 1 ' Section I1I—Genera]Conditions � 6.3 SUBSTITUTES AND "OR EQUAL" ITEMS Whenever an item of material or equipment is specified or described in the Contract Documents � by using the name of a proprietary item or the name of a particular Supplier,the specification or description is intended to establish the type, function and quality required_ Unless the specification or description contains or is followed by words reading that no like, equivalent or , "or equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by Engineer. If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and , sufficiently similar so that no cliange 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 pxoposed by Contractor does not qualify as an "or equal" item, it may be considered as a � proposed substitute item. Contractor shall submit sufficient information as required by the Engineer to allow the Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and is an acceptable substitute therefore. Request for review ' of proposed substitute and "or equal" will be not be accepted by Engineer from anyone other than Contractor. Request for substitute and "or equal" items by Contractor must be submitted in writing to ' Owner's Representative and will contain all information as Engineer deems necessary to make a determination. All data provided by Contractor in support of any proposed substitute or "or equal" item will be at Contractor's expense. Engineer will be allowed a reasonable time to � evaluate each proposal or submittal made per this paragraph. Engineer will be sole judge of acceptability. 6.4 RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND � OTHERS Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the ' Subcontractors, Suppliers and other persons performing or furnishing any of the work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such � Subcontractor, Supplier or other person any contractual relationship between Owner or Engineer and any Subcontractor, Supplier or other person, nor shall it create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, � Supplier or other person. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers and other persons 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 coznmunicate with the Engineer through Contractor. The divisions and sections of the Specifications and the identifications of any Drawings shall not , control Contractor in dividing the work among Subcontractors or Suppliers or delineating the work to be performed by any specific trade. All work performed for Contractor by a Subcontractor or Supplier will be pursuant to an � appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract � Documents for the benefit of Owner and Engineer. Sectionitl.doc Paee}4 of 4C 7/26/2011 , � , ' Section III—General Conditions Contractor shall not pay or employ any Subcontractor, Supplier or other person or organization ' whether initially or as a substitute, against whom Owner or Engineer may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the work against whom Contractor has reasonable , objection. Owner or Engineer will not undertake to settle any differences between Contractor and his Subcontractors or between Subcontractors. ' 6.5 USE OF P�tEMISES � Contractor shall confine construction equipment, the storage of materials and equipment and the ' operations of works to the site and land areas identified in and permitted by the Contract Documents on other land areas permitted by Laws and Regulations, right-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or , other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant , because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceed in or at law. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify � and hold harmless Owner, Engineer, Engineer's Consultant and their officials, directors, employees and agents from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant � against Owner, Engineer or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. During the progress of the Work, Contractor shall keep the premises free from accumulations of ' waste materials, rubbish and other debzis resulting from the Work. At the completion of the Work or at intervals established by the Engineer, Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction � equipment and machinery and surplus materials. Contractor sha11 restore to original condition all property not designated for alteration by the Contract Documents. , 6.5.1 STAGING AREAS The Contactor shall obtain and deliver to the City written permission for the use of all staging and storage areas outside of the Limits of Construction. ' 6.5.2 RESTORATION TIME LIMITS � The timely restoration of all impacted areas, especially right-of-ways, is very important to the Citizens of 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 removal.Resident access shall be maintained at all times. � All arterial and collector roadways shall be restored ASAP. ' • Local streets and asphalt driveways shall be restored as soon as a sufficient quantity is generated, however, this is never to exceed fifteen (15) consecutive calendar days. Local and resident access shall be maintained at all times. � Sectionlll.doc Pa e I 5 of 46 � _ g 7/_6/20]I � ' Section III—General Conditions � • Sod must be restored with ten (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, ROYALTIES AND TAXES ' Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the work or the incorporation in the `Vork of any invention, design, process, ' product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in � the performance of the work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner 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 officers, directors, employees, agents ' and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall r defend all such claims in connection with any alleged infringement of such rights. Contractor shall pay a11 sales, consumer, use and other t�es required to be paid by Contractor in � accordance with the Laws and Regulations of the State of Florida and other governmental agencies,which are applicable during the performance of the work. 6.7 LAWS AND REGULATIONS I Contractor shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work_ Except where otherwise expressly required by � applicable Laws and Regulations, neither Owner nor Owner's Representative shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. If Contractor performs any work knowing or having reason to know that it is contrary to Laws or Regulations, ' Contractor shall bear all claims, costs, losses and damages caused by or arising out of such work: however, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not � relieve Contractor of Contractor's obligations to the Owner to report and resolve discrepancies as described above. When City projects include Federal or State funding, the requirements of Executive Order 11-02 ' shall be adhered to utilizing the Homeland Security E-Verify System to verify employment eligibility. 6.8 PERMITS � Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain construction ' permits from the City's Buildinb Department and there will be no fees for this Building Permit and pay for licenses. The Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees � Sectiontlt.doc Pa�e 16 of 46 7l26/201 I � , ' Section III—Genera]Conditions 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 Fees will be waived. 6.9 SAFETY AND PROTECI'ION '"� Contractor shall be responsible for initiating, maintaining and supervising all safety recautions P and programs in connection with the Work. Contractor shall take all necessary precautions for � the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: (i) all persons on the work site or who may be affected by the work, (ii) all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and (iii) other , property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. In the event of temporary suspension of the work, ' or during inclement weather, or whenever Owner's Representative may direct; Contractor shall, and shall cause Subcontractors, to protect carefully the Work and materials against damage or injury from the weather. If, in the opinion of the Ov►mer's Representative, any portion of Work or � matezials shall have been damaged or injured by reason of failure on the part of the Contractor or any Subcontractors to so protect the Work, such Work and materials shall be removed and replaced at the expense of Contractor. The Contractor shall initiate and maintain an accident ' prevention program which shall include, but shall not be limited to the establishment and supervision of programs for the education and training of employees in the recognition, avoidance and prevention of unsafe conditions and acts. Contractor shall provide first aid , services and medical care to his employees. The Contractor shall develop and maintain an effective fire protection and prevention program and good housekeeping practices at the site of contract performance throughout all phases of construction, repair, alteration or demolition. , Contractor shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions_ The Engineer may order that the work stop if a condition of immediate danger to 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 solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of Contract ' performance. The Contractor shall instruct his employees required to handle or use toxic materials or other hannful substances regarding their safe handling and use. The Contractor shall take the necessary precautions to protect pedestrians and motorists from harm, and to prevent disruptions of such traffic due to construction activity. ' Contractor shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property and to protect them from damage, injury or loss; � and shall erect and maintain all necessary safeguards for such safety and protection. Contractor sha11 notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the work may affect them, and shall cooperate with them in the protection, � removal, relocation and replacement of their property. All damage, injury or loss to any property caused, directly or indirectly, in whole or part,by Contractor, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish ' any of the work or anyone for whose acts any of them may be liable, shall be remedied by _Sectionlll.doc Page 17 of 46 7l26l201] , ' Section III—Generat Conditions , Contractor. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor that the Work is acceptable. ' 6.10 EMERGENCIES In emergencies affecting the safety or protection of persons or the Work or property at the site or ' adjacent thereto, Contractor, with or without special instruction or authorization from Owner or the Owner's Representative, is obligated to act to prevent damage, injury or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in ` the Work or variations from the Contract Documents have been caused thereby. If the Owner's Representative determines that a change in the Contract Documents is required because of the � action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.11 DRAWINGS ' 6.11.1 SHOP DRAWINGS, SAMPLES, RFIs, and SUBMITTAL REVIEW Contractor shall submit Shop Drawings to Engineer for review and approval as called for in the � Technical Specifications or required by the Engineer. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show Engineer the materials and equipment Contractor proposes to � provide and to enable Engineer to review the information. Contractor shall also submit Samples to Engineer for review and approval. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: (i) all field measurements, quantities, dimensions, ' specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, (ii) all materials with respect to intended use, fabrication, shipping,handling, storage, assembly and installation pertaining to the performance of the Work, � and (iii) all information relative to Contractor's sole responsibilities in respect to means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto_ Contractor shall also have reviewed and coordinated each Shop ' Drawing or Sample with other Shop Drawings and Samples with the requirements of the Work and the Contract Documents. Each submittal will bear a stamp or specific written indication that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to � Contractor's review and approval of that submittal. At the time of submission, Contractor shall give Engineer specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a � written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to Engineer for review a.nd approval of each such variation. � The Contractor shall maintain a submittal log as mentioned in Article 2.5. The Engineer and Construction Services Departrnent 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 and Construction Services Department shall receive updated copies at each progress meeting, and the Engineer shall respond to each RFI within twenty-one (21) consecutive � calendar days_ The untimely submission of Submittal or RFIs shall not be grounds for a delay claim from the Contractor. SectionlTI.doc Page 18 of 46 7/26/201 I � ' ' ' Section III—Genera)Conditions Engineer's review and approval of Shop Drawings and Samples will be only to determine if the ' items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated the Contract Documents. Engmeer's , review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will ' not indicate approval of the assembly in which the item functions. Contractor shall make corrections required by Engineer, and sfiall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. Contractor shall � direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 1 Engineer's review and approval of Shop Drawings or Samples shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has in writing called Engineer's attention to each such variation at the time of , submission and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by the Engineer relieve the Contractor from responsibility for complying with � the requirements of paragraph above discussing field measurements by the Contractor. Contractor shall fumish required submittals with complete information and accuracy in order to achieve required approval of an item within two (2) submittals. Owner's Representative reserves ' the right to backcharge Contractor, for Engineer's costs for resubmittals that account for a number greater than twenty percent (20%) of the total number of first time submittals. Owner's Representative reserves the right to backcharge Contractor for all third submittals. The number ' of first time submittals shall be equal to the number of submittals agreed to by Engineer and Contractor. All costs to Engineer involved with subsequent submittal of Shop Drawings, Samples or other items requiring approval will be backcharged to Contractor at the rate of 3.0 , times direct technical labor cost by deducting such costs from payments due Contractor for Work completed. In the event that Contractor requests a substitution for a previously approved item, all of Engineer's costs in the reviewing and approval of the substitution will be backcharged to � Contractor,uriless the need for such substitution is beyond the control of Contractor. 6.11.2 AS-BUILT DRAWINGS � The Contractor shall keep and maintain one set of blueprints, As-Built Drawings, in good order and legible condition to be continuously marked-up at the job site. The Contractor shall mark and annotate neatly and cleazly all project conditions, locations,configurations and any other changes ' or deviations which may vary from the details represented on the original Contract Plans, including revisions made necessary by Addenda, Shop Drawings, and Change Orders during the construction process. The Contractor shall record the horizontal and vertical locations, in the ' plan and profile, of all buried utilities that differ from the locations indicated or which were not indicated on the Contract Plans and buried (or concealed), construction and utility features which aze revealed during the construction period. � The As-Built Drawings shall be available for inspection by the Engineer, Engineer's Consultant, and the Owner's Representative at all times during the progress of the Project. ' Sectiontl[.doc Pa e 19of46 _ g 7/26/201 I 1 ' Section III—General Conditions , The As-Built Drawings shall be reviewed by the Owner's Representative, or his designee, for accuracy and compliance with the requirements of"As-Built Drawings"prior to submittal of the monthly pay requests. The pay requests shall be rejected if the marked-up blueline prints do not , conform to the "As-Built Drawings" requirements. As-Built Drawings shall be submitted to the Owner Inspector for approval upon completion 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 � the Engineer or the Engineer's Consultant for accuracy and completeness. Prior to placing new potable water mains in service, the Contractor shall provide the Engineer , intersection dravvings,:as specified for the water rr�ains. The Owner's acceptance of the "As-Built Drawings" does not relieve the Contractor of the sole responsibility for the accuracy and completeness of the As-Built Drawings. � 6.11.2.1 General The Contractor shall prepare an "AS-BUILT SURVEY" per chapter SJ-17.052, 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. ' SJ-17.OS0 Definition: (10)(a) As-Built Survey: a survey performed to obtain horizontal and/or vertical dimensional data so that constructed improvements may be located and delineated: also know as Record Survey. � This survey shall be clearly titled "As-Built Survey" and shall be signed and sealed by a Florida registered land surveyor. The survey must be delivered to the Owner of Clearwater Construction ' Division upon substantial completion of the project. If this condition is not met, the Owner will procure the services of a Professional Surveyor and Mapper registered in the State of Florida and will back charge the contractor a fee of $1,800 per day or any portion thereof to provide the � Owner with the required As-Built Survey. 6.11.2.2 Sanitary and Storm Sewer Piping Systems 1. Manholes and inlets shall be located by survey coordinates (northing, easting and elevation) � based on the approved horizontal and vertical datum or utilize the stationing supplied on the construction plans. New sanitary service connections and replaced sanitary service � connections shall be dimensioned to the nearest downstream manhole. All manholes, cleanouts and catch basin invert and rim elevations, manhole and catch basin dimensions, pipe sizes, and pipe material shall also be noted on the plan view and also on the profile if , one exists. 2. Pipe materials and areas of special construction shall be noted. 6.11.2.3 Pressure Pipe construction (Water, Reclaimed Water, Forcemain) , All pipes shall be located by survey coordinates (northing, easting and elevation) based on the approved horizontal and vertical datum or utilize the stationing supplied on the construction � plans. Coordinates shall be at all pipe bends, tees, valves, reducers, and deflections. Also all new and replaced service connections for potable and reclaimed water will be located as described above. Additionally there must be survey coordinates no further than 100 feet apart on linear � type construction and shall denote top of pipe elevation at those points. SectionlIl.doc Page 20 of 46 7/26/2011 ' ' � ' Section lll—General Conditions 6.11.2.4 Electrical and Control Wiring , The as-built drawings shall include all changes to the original Contract Plans. The as-built drawings shall also include the size, color, and number of wires and conduit. For projects where this information is too voluminous to be contained on the blueline prints, the Contractor shall , prepare supplemental drawings, on same size sheets as the blueline prints, showing the additional conduit runs, 1-line diagrams, ladder diagrams, and other information. The wiring schematic diagrams shall show termination ]ocation and wiring identification at each point on the ladder ' diagram. 6.11.2.5 Horizontal and Vertical Control � The As-Built survey shall be based on the original datum used for the constzuction design plans or if required by the Owner the datum shall be referenced to the North American Datum of 1983/90 (horizontal) and the North American Vertical Datum of 1988. The unit of 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-Built survey shall meet the Minimum Technical Standards per Chapter SJ-17 and the Clearwater CAD STANDARDS set forth below_ In addition to locating all improvements that , pertain to the as-built survey it is the requirement of the 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-Built drawings shall reflect any differences from the original Contract Plans, in the same level of detail and units of dimensions as the Plans. ' 6.11.3 CAD STANDARDS ' 6.11.3.1 Layer Naming 6.11.3.1.1 Prefixes and Suffixes ' DI prefix denotes digitized or scanned entities EP prefix denotes existing points - field collected , EX prefix denotes existing entities - line work and symbols PR prefix denotes proposed entities-line work and symbols ' FU prefix denotes future entities (proposed but not part of this contract) - line work and symbols TX suffix denotes text—use for all text,no matter the prefix I6.11.3.1.2 La er Namin Definitions: � GAS gas lines and appurtenances ELEC power lines and appurtenances PHONE telephone lines and appurtenances ' _Sectionlll.doc Page 21 of 46 726/2011 � � Section III—Genera!Conditions , CABLE cable TV lines and appurtenances BOC curbs , WALK sidewalk WATER water lines and appurtenances, sprinklers � � STORM storm lines and appurtenances TREES trees,bushes,planters , SANITARY sanitary lines and appurtenances FENCE all fences � BLDG buildings, sheds,finished floor elevation DRIVE driveways EOP edge of pavement without curbs � TRAFFIC signal poles, control boxes TOPBANK top of bank r TOESLOPE toe of slope TOPBERM top of berm ' TOEBERM toe of berm SEAWALL seawall � CONCSLAB concrete slabs WALL walls, except seawall ' SHORE shoreline,water elevation CL centerline of road ' CLD centerline of ditch CLS centerline of swale , CORNER property corners,monumentation BENCH benchmark,temporary benchmarks � Other layers may be created as required, using above format. 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. ' SectionlIl.doc Page 22 of 46 7/26/201 I � , ' Section lII—General Conditions Text style for PR 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 shall be produced on bond material, 24" x 36" at a scale of 1"=20' unless approved otherwise. The consultant shall deliver all drawing files in digital format. Acceptable file formats include: DWG, of a shape file. ' Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or e-mail address Thomas.Mahonvn,mvClearwater.com. � 6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE Contractor warrants and guarantees to Owner, Engineer and Engineer's Consultants that all Work ' will be in accordance with the Contract Documents and will not be defective. Contractor's warranty and guarantee hereunder includes defects or damage caused by abuse, vandalism, modification or operation by persons other than Contractor, Subcontractors or Suppliers. Until � the acceptance of the Work by the Owner, the Work shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to any part thereof by action of the elements, or from any other cause whatsoever, ar�sing from the execuhon , or non-execution of the Work. The Contractor shall rebuild, repair and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any cause before its completion and final acceptance by the Owner. In addition, "the Contractor shall remedy any defects in the work at his own expense and pay for any damage to other work resulting therefrom 1 which appear within a period of two (2)years from the date of final acceptance". Contractor's warranty and guarantee hereunder excludes improper maintenance and operation by , Owner's employees and normal wear and tear under normal usage for any portion of the Work, which has been partially accepted by the Owner for operation prior to final acceptance by the Owner. Contractor's obligation to perform and complete the Work in accordance with the � Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: (i) observations by � Owner's Representative, (ii) recommendation of any progress or final payment by Owner's Representative, (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 Sample submittal or the issuance of a notice of Acceptance by the Engineer. , 6.13 CONTINUING THE WORK Contractor shall carry on the work and adhere to the progress schedule during all disputes or ' disagreements with 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. , 6.14 INDEMNIFICATION Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and , against all claims, costs, losses aiid dan�ages (including but not liu�ited to all fees and charges of _SectionIll.doc Page 23 of 46 7/26/2011 � ' Section 711—General Conditions , engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs)caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, ' disease or death, or to injury to or destruction of tangible property (other than the work itsel�, including the loss of use resulting therefrom, and (ii} is caused in whole or in part by any negligent act or omission of Contractor, any Subcontractor, any Supplier, any person directly or ' indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon sucfi , indemnified party by Laws and Regulations regardless of the negligence of any such person. If, through acts of neglect on the part of Contractor, any other Contractor or any Subcontractor shall suffer loss or damage on the work, Contractor shall settle with such other Contractor or � Subcontractor by agreement or arbitration if such other Contractor or Subcontractor will so settle. If such other Contractor or Subcontractor shall assert any claim against 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, officers, directors, or employees by any employee (or the survivor or personal representative of such employee} of , Contractor,any Subcontractor, any Supplier, any person directly or indirectly employed by any of them to perform or furnish any of ' the work, or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any such Sub-contractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts � or other employee benefit acts. The indemnification obligations of Contractor under this paragraph shall not extend to the liability of Engineer and Engineer's Consultants, officers, directors, employees, or agents caused by the professional negligence, errors or omissions of any ' of them. 6.15 CHANGES IN COMPANY CONTACT INFORMATION � Contractor shall notify Owner by US mail addressed to the City Engineer of any changes in company contact information. This includes: contact phone, address, project manager, email � addresses, etc. 7 OTHER WORK � 7.1 RELATED WORK AT SITE The City reserves the right to have its own forces enter the construction site at any time and ' perform work 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_ � The City 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 not to cause any delays or interference with ' the Contractor's work or schedule. Sectionlll.doc Page 2�4 of46 7(26/201I ' � , ' Section III—General Conditions 7.2 COORDINATION ' If the Owner contracts with others for the performance of other work on the Project at the site, the following will be set forth in the Scope of Work: (i) the person who will have authority and responsibility for coordination of the activities among the various prime contractors will be ' identified; (ii) the specific matters to be covered by such authority and responsibility will be itemized; and (iii) the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, the Owner shall have sole authority and ' responsibility in respect of such coordination. 8 OWNERS RESPONSIBILITY 1 Except as otherwise provided in these Genera] Conditions, the Owner shall issue all communications from the Owner to the Contractor through Owner's Representative. , The Owner shall furnish the data required of the Owner nnder the Contract Documents promptly and shall make payments to Contractor promptly when they are due as provided in these General Conditions. � The Owner is obligated to execute Change Orders as indicated in the Article on Changes 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 right to stop work or suspend work, see the Article on Engineer ' may Stop the Work. The Article on Suspension of Work and Termination deals with the Owner's right to terminate services of Contractor under certain circumstances. Owner shall not supervise, direct or have control or authority over, nor be responsible for, ' Contractor's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The Owner will not be ' responsible for Contractor's failure to perform or furnish the Work in accordance with the Contract Documents. , 9 OWNER REPRESENTATIVE'S STATUS DURING CONSTRUCTION � 9.1 OWNERS REPRESENTATIVE , Dependant of the project type, the Owner's Representative during the construction period will , either be the Construction Manager, the Engineer, or a designee of the Project's Owner. The duties, responsibilities and the limitations of authority of Owner's Representative during construction are set forth in the Contract Documents and shall not be extended without written � consent of Owner and Engineer. 9.2 CLARIFICATIONS AND INTERPRETATIONS ' Engineer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents regarding design issues only, in the form of Submittal responses, RFI responses, Drawings or otherwise, as Engineer may determine ' necessary, which shall be consistent with the intent of and reasonably inferable fi�om Contract _Sectionlll.doc Page 2�of 46 7/26/2011 ' ' Section III—General Conditions � Documents. All other clarifications and interpretations of the Contract Documents shall be issued form the Owner's Representative. Such written clarifications and interpretations will be binding on the Owner and Contractor. If Contractor believes that a written clarification or interpretation ' justifies an adjustment in the Contract Price or the Contract Time and the parties are unable to agree to the amount or extent thereof, if any, Contractor may make a written claim therefore as provided in the Articles for Change of Work and Change of Contract Time. � 9.3 REJECTING OF DEFEC"fIVE WORK The Owner's Representative or the Engineer will have authority to disapprove or reject Work � which Owner's Representative or the Engineer believes to be defective, or that Owner's Representative or the Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the � completed Project as a functioning whole as indicated by the Contract Documents. The Owner's Representative or the Engineer will also have authority to require special inspection or testing of the Work whether or not the Work is fabricated,installed or completed. ' 9.4 SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS In connection with Engineer's authority as to Shop Drawings and Samples, see articles on Shop r Drawings and Samples. In connection with Owner's Representative authority as to Change Orders, see the articles on Changes of Work, Contract Price and Contract Time. In connection ' with Owner's Representative authority as to Applications for Payment, see the articles on Payments to Contractor and Completion. 9.5 DECISIONS ON DISPUTES ' The Owner's Representative will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder. Claims, disputes and other � matters relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the performance and fiunishing of the work and Claims under the Articles for Changes of Work, Changes of Contract Time and Changes of Contract Price will be refened initially to Owner's Representative in writing with a request for a formal decision in � accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to Owner's Representative 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 Owner's Representative and the other party within sixty (60) days after the start of such occurrence or event unless Owner's � Representative allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to Owner's Representative and the claimant within thirty (30) days after receipt of , the claimant's last submittal, unless Owner's Representative allows additional time. Owner's Representative 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. Owner Representative'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 Owner Representative's decision is taken within thirty (30) days of the Owner Representative's decision, or the appeal time which may be stated in a Dispute Resolution Agreement between Owner and Contractor for the settlement of disputes or ' (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from O��ner Representative's written decision is delivered by the Owner or Contractor Sectionlll.doc Pa�e 26 of 46 7/26/2011 , , , � Section III—Generai Conditions to the other and to Owner's Representative within thirty (30) days after the date of such decision � and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within si�y (60) � days of the date of such decision, unless otherwise agreed in writing by the Owner and Contractor. When functioning as interpreter and judge, Owner's Representative will not show partiality to the � Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith Sn such capacity. The rendering of a decision by Owner's Representative with respect to any such claim, dispute or other matter will be a condition precedent to any ' exercise by the Owner or Contractor of such rights or remedies as either may otherwise have urzder the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant the Article on Dispute Resolution. ' 9.6 LIMITATIONS ON OWNER REPRESENTATIVE'S RESPONSIBILITIES ' Neither Owner Representative's authority or responsibility under this paragraph or under any other provision of the Contract Documents nor any decision made by Owner's Representative 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 Owner's Representative shall create, impose or give rise to any duty owed by Owner's Representative to Contractor, any Subcontractor, any Supplier,any other person or organization or to any surety for or employee or � agent of any of them. Owner's Representative 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. Owner's Representative will not be responsible for Contractor's failure to perform or , ftarnish the work in accordance with the Contract Documents_ Owner's Representative will not be responsible for the acts or omissions of Contractor or of any ' Subcontractor, any Supplier, or of any other person or organization perForming or furnishing any of the work. Owner Representative's review of the final Application for Payment and accompanying ' documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by the Contractor will only be to determine generally that their content complies with the ' requirements of the Contract Documents and, in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with the Contract Documents. The limitations upon authority and responsibility set forth in this paragraph shall also apply to � Owner Representative's CEI,the Engineer's Consultants, and assistants. 10 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 ��ill be authorized by a Written Amendment, a Chan�e Order, or a Work _SectionIll.doc Page 27 of 46 7/26/201 1 ' 1 Section III—General Conditions � Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as may otherwise be specifically provided). � If 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 not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract � Documents as amended, modified and supplemented as provided in these General Conditions except in the case of an emergency as provided or in the case of uncovering work as provided in article for Uncovering Work. � The Owner and Contractor shall execute appropriate Change Orders or Written Amendments recommended by Owner's Representative 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 ar Contract Time which a.re agreed to by the parties; and changes in the Contract Price or Contract Time which embody the substance of any written , decision rendered by Owner's Representative 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 Docnments and applicable Laws and Regulations, but during any snch appeal, Contractor shall carry on the Work and ' adhere to the progress schedule as provided in the article for Continuing the Work. If notice of any change affecting the general scope of the work or the provisions of the Contract Doctunents (including, but not limited to, Contract Price or Contract Time) is required by the � provisions of any Bond to be given to a surety,the giving of any such notice will be Contractor's responsibility,and the amount of each applicable Bond will be adjusted accordingly. 11 CHANGES IN THE CONTRACT PRICE ' 11.1 CHANGES IN THE CONTRACT PRICE The Contract Price constitutes the total compensation (subject to authorized adjustments) , payable to Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at Contractor's expense without change in the , Contract Price. The Contract Price may only be adjusted by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on a written notice of claim stating the general nature of the claim, to be delivered by the party making the claim to � the other party and to Owner's Representative 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 Owner's Representative allows additional time for claimant to submit additional or more accurate data in support of the claim, and shall be accompanied by Sectionlll.doc Pase 28 of 46 7/26l2011 � ' ! ' Section III—General Conditions claimant's written statement that the claimed adjustment covers all known amounts to which the � claimant is entitled as a result of said occurrence or event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be , determined as follows: (i) where the Work involved is covered by unit prices contained in the Contract Documents,by application of such unit prices to the quantities of the items involved(ii) where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit), (iii) � where the Work is not covered by unit prices contained in the Contract Documents and agreement is reached to establish unit prices for the Work. � Where the work involved is not covered by unit prices contained in the Contract Documents and where the Owner's Representative, the Owner, the Engineer, the Engineer's Consultant, and Contractor cannot mutually agree on a lump sum price, the City 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: 1. Labor, including foremen, for those hours associated with the direct work (actual payroll cost, including wages, fringe benefits, labor insurance and labor taxes ' established by law). Expressly excluded from this item are all costs associated with negotiating the subject change. ' 2. Materials associated with the change, including sales ta�c. The costs of materials shall be substa.ntiated through vendors' invoices. 3. Rental or equivalent rental costs of equipment, including necessary transportation ' costs if specifically used for the WORK. The rental rates shall not exceed the current rental rates prevailing in the locality or as defined in the rental Rate Blue Book 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 associated with supplying the equipment for work ordered. Contractor-owned � equipment will be paid for the duration of time required to complete the work.Utilize lowest cost combination of hourly, daily, weekly, or monthly rates. Do not exceed estimated operating costs given in Blue Book. Operating costs will not be allowed for ' equipment on stand-by. 4. Additional costs for Bonds, Insurance if required by the City 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(15%) 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°/a),and the subcontractor's fee shall not exceed ten percent(10%). B. A fixed 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 Items 3 and 4. The fixed fees shall be considered the full compensation for all cost of general � supervision,overhead,profit, and other general expense. _SectionIII.doc Page 29 of 46 7/26/2p)� � � Section III—General Conditio�s , 11.2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT It is understood that Contractor has included in the Contract Price all allowances so named in the � Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to Owner and Engineer. Contractor agrees that: (i} the allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment � required by the allowances to be delivered at the Site, and all applicable taxes; and (ii) Contractor's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the � foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by Owner's � Representative 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 conespondingly adjusted. � 11.3 UNIT PRICE WORK Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, ' initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of , items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Owner's ' Representative. Each unit price will be deemed to include an amount considered by Contractor to be adeyuate to cover Contractor's overhead and profit for each separately identified item. The Owner or Contractor may make a claim for an adjustment in the Contract Price i£ (i)the quantity ' of any itenn of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Contract Documents; and (ii) there is no corresponding adjustment with respect to any other item of Work; and (iii) if Contractor believes � that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or the Owner believes that the Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. On � unit price contracts, Owner endeavors to provide adequate unit quantities to satisfactorily complete the construction of the project. It is expected that in the normal course of project construction and completion that not all unit quantities will be used in their entirety and that a ' finalizing change order which adjusts contract unit quantities to those unit quantities actually used in the construction of the project will result in a net decrease from the original Contract Price. Such reasonable deduction of final Contract Price should be anticipated by the Contractor � in his original bid. 12 CHANGES IN THE CONTRACT TIME The Contract Time (or Milestones) may only be changed by a Change Order or a Written , Amendment.Any claim for an adjustment of the Contract Time(or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to Owner's � Representative promptly, but in no event later than thirty (30) days, after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of SectionlIl.doc Pa�e 30 of 46 7/26/2�]1 � � ' ' Seciion IlI—General Conditions the claim with supporting data shall be delivered within sixty (60) days after such occurrence, ' unless Owner's Representative allows an additional period of time to ascertain more accurate data in support of the claim, and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is , entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time (or Milestones) shall be determined by Owner's Representative. No claim for an adjustment in the Contract Time(or Milestones)will be valid if not submitted in accordance with 1 the requirements of this paragraph. All time limits stated in tl�e Contract Documents are of the essence of the Agreement. Where Contractor is prevented from completing any part of the work within the Contract Time ' (or Milestones) due to delay beyond the control of Contractor, the Contract Time(or Milestones) may be extended in an amount equal to the time lost due to such delay if a claim is made therefore as provided in the article for Changes in the ' Work. Delays beyond the control of Contractor shall include, but not be limited to, acts by the Owner, acts of utility owners or other contractors performing other work as contemplated by the ' article for Other Work, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. 1 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 limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts by utility owners or other contractors performing other work as contemplated by paragraph for ' Other Work. 13 TESTS AND INSPECTIONS, CORRECTfON, REMOVAL OR ' ACCEPTANCE OF DEFECTIVE WORK 13.1 "fESTS AND INSPECTION ' Contractor shall give Owner's Representative and Engineer timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. ' Contractor shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents. The costs for these � inspections, tests or approvals shall be borne by the Contractor except as otherwise provided in the Contract Documents. If Laws or Regulations of any public body having jurisdiction require any Work(or part thereo fl ' 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 there��ith, and fiirnish Owner's Representative the required _SectionIll.doc Page 31 of 46 7/26/20I] 1 1 Section III—General Conditions ' certificates of inspection or approval. Unless otherwise stated in the Contract Documents, Owner permit and impact fees will be waived. Contractor shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required ' for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation of the Work. � If any Work (or the work of others) that is to be inspected tested or approved is covered by Contractor without written concurrence of Owner's Representative, it must, if requested by � Owner's..Representative, be u,icovered for observation. Uncovering Work as provided in this_ _ pazagraph shall be at Contractor's expense unless Contractor has given Owner's Representative and Engineer timely notice of Contractor's intention to cover the same and Owner's � Representative has not acted with reasonable promptness in response to such natice. 13.2 UNCOVERING THE WORK If any Work is covered contrary to the written request of Owner's Representative, it must, if ' reyuested by Owner's Representative, be uncovered for Owner Representative's observation and replaced at Contractor's expense. ' If Owner's Representative considers it necessary or advisable that covered Work be observed by Owner's Representative or inspected or tested by others, Contractor, at Owner Representative's request, shall uncover, expose or otherwise make available for observation, inspection or testing � as Engineer or Owner's Representative may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall pay all claims, costs, losses and damages caused by, arising out of or resulting ' from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and 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 amount thereof, may make a claim therefore as provided in the article for Change in Contract Price. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract ' Price or an extension of the Contract Time (or 1VTilestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, Contractor may make a claim � therefore as provided the article for Change in Contract Price and Change of Contract Time. 13.3 OWNER'S REPRESENTATIVE MAY STOP THE WORK � If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Engineer or Owner's Representative may order � Contractor to stop the Wark, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner's Representative to stop the Work shall not give rise to any duty on the part of Owner's Representative or Owner to exercise this right for the benefit of ' Contractor or any surety or other party. If the Owner's Representative stops Work under this paragraph, Contractor shall be entitled to no extension of Contract Time or increase in Contract Price. ' SectionllI.doc Page 32 of 46 7/26/20 i 1 � ' 1 ' Section III—General Conditions 13.4 CORRECI"{ON OR REMOVAL OF DEFECTIVE WORK � If required by Engineer or Owner's Representative, Contractor shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by Engineer or Owner's Representative, remove it from the site and replace it with � Work that is not defective. Contractor shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal {including but not limited to all costs of repair or replacement of work of others). �� 13.5 WARRANTY/CORRECTION PERIOD � ' If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Docutnents or by any specific provision of the Contract Documents, any Work is found to be defective, Contractor shall promptly, 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 Owner,remove it from the site and replace it with Work that is not defective and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of ' others resulting therefrom. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, 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 continuous service before Final Completion of all the Work,the correction period for that item may start to run from � an earlier date if specifically and expressly so provided in the Specifications or by Written Amendment. Where defective Work (and damage to other Work resulting there from) has been corrected, ' removed or replaced under this pazagraph the correction period hereunder with respect to such Work will be extended for an additional period of two (2) years after such correction or removal and replacement has been satisfactorily completed. , 13.6 ACCEPTANCE OF DEFECTIVE WORK If, instead of reGuiring 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 attributable to the Owner's evaluation ' of and determination to accept such defective Work such costs to be approved by Owner's Representative as to reasonableness. If any such acceptance occurs prior to Owner Representative's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the Owner shall ' be entitled to an appropriate decrease in the Contract Price, and, if the parties aze 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 Owner Representative's ' recommendation for final payment an appropriate amount will be paid by Contractor to the Owner. ' _Sectionlll.doc Paee 33 of 46 7/26l201] � , Section lal—General Conditions ' 13.7 OWNER MAY CORRECT DEFECTIVE WORK If Contractor fails within a reasonable time after written notice from Owner's Representative to � correct defective Work or to remove and replace rejected Work as required by Owner's Representative in accordance with the article for Correction and Removal of Defective Work or if Contractor fails to perform the Work in accordance with the Contract Documents, or if � Contractor fails to comply with any other provision of the Contract Documents, the Owner may, after seven days' written notice to Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the Owner shall proceed expeditiously. � In connection with such co�-rective and remedial action, tl�e Owner may exclude Contractor frorn all or part of the site, take possession of all or part of the Work, and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment 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 Owner's Representative, 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 Documents with respect to the Work; and the Owner shall be entitled to � an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the Owner may make a claim therefore as provided in the article for Change of Contract Price. Such claims, costs, losses and damages will include but not be limited to all costs � of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time (or Milestones) because of any delay in the performance of the Work attributable ' to the exercise by the Owner of the Owner's rights and remedies hereunder. 14 PAYMENTS TO CONTRACTOR AND COMPLETION � Requests for payment shall be processed in accordance with F.S. 218.735 and as described herein. Progress payments on account of Unit Price Work will be based on the number of units ' completed. 14.1 APPLICATION FOR PROGRESS PAYMENT Contractor shall submit (not more often than once a month) to Owner's Representative for ' review an Application for Payment filled out and signed by Contractor covering the Work completed as of the 25th of each month and accompanied by such supporting documentation as � is required by the Owner's Representative and the Contract Documents. Unless otherwise stated in the Contract Documents, payment will not be made for materials and equipment not incorporated in the Work. Payment will only be made for that portion of the Work, which is fully , installed including all materials, labor and equipment. A retainage of not less than ten (10%) of the amount of each Application for Payment for the total of all Work, including as-built survey and Inspector overtime reimbursement, completed to date will be held until final completion and ' acceptance of the Work covered in the Contract Documents. No progress payment shall be construed to be acceptance of any portion of the Work under contract. 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 Official Pay Request. The Engineer or the Construction Inspector will verify that the on-site SectionllI.doc Page 34 of 46 7/26/20]1 , 1 ' , Section III—General Conditions marked up as-built drawings are up to date with the work and are in compliance with the ' Contract Documents_ In addition to all other payment provisions set out in this contract, the Owner's Representative 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 herein shall result in further progress or partial payments being withheld until the ' report is provided. 14.2 CONTRACTOR'S WARRANTY OF TITLE ' Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the Owner no later than the time of payment, free and clear of liens. No materials or supplies for the Work ' shall be purchased by Contractor or Subcontractor subject to any chattel mortgage or under a conditional sale contact or other agreement by which an interest is retained by the seller. Contractor warrants that he has good title to all materials and supplies used by him in the Work, ' free from all liens, claims or encumbrances. Contractor shall indemnify and save the Owner hannless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen, and furnisher's of machinery and parts thereof, equipment, � power tools, and all supplies incurred in the furtherance of the performance of this Contract. Contractor shall at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If Contractor fails to do ' so, then the Owner may, after having served written notice 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 deemed reasonably sufficient to pay any and all such lawful � claims until satisfactory evidence is fumished that all liabilities have been fully discharged, whereupon payment to Contractor shall be resumed in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any ' obligations upon the Owner to the Contractor or the Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed 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 Contractor, 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 ' The Owner's Representative will within twenty (20) business days after receipt authorize and process payment by the Owner a properly submitted and documented Application for payment, unless the application requires review by an Agent. If the Application for payment requires , review and approval by an Agent, properly submitted and documented Applications for payment will be paid by the Owner within twenty-five (25) business days_ If an Application for payment is rejected, notice shall be given within twenty (20) business days of receipt indicating the , reasons for refusing payment. The reasons for rejecting an Application will be submitted in writing, specifying deficiencies and identifying actions that would make the Application proper. In the latter case, Contractor may make the necessary corrections and resubmit the Application. ' The Owner's Representative or Agent may refuse to recommend the whole or any part of any payment to Owner. Owner's Representative or Agent may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent , inspections or test, nullif}� any such payment previously recommended, to such eYtent as may be _SectionlII.doc Page 3�of 46 7/26/20l l 1 ' Section III—General Conditions , necessary in Owner Representative's or Agent's opinion to protect the Owner from loss because: (i} the Work is defective, or completed Work has been damaged requiring correction or replacement, (ii) the Contract Price has been reduced by amendment or Change Order, (iii} the � Owner has been required to correct defective Work or complete Work, or (iv) Owner's Representative or Agent 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 Owner's Representative or Agent 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 other items entitling the Owner to a set-off against the amount recommended, or (iv) the Owner has actual knowledge of any of ' the events described in this paragraph. The Owner shall give Contractor notice of refusal to pay in accordance with the time constraints of this section with a copy to the Owner's Representative or Agent, stating the reasons for such actions, and Owner sha11 promptly pay Contractor the , amount so withheld, or any adjustment thereto agreed to by the Owner and Contractor, when Contractor corrects to the Owner's satisfaction the reasons for such action. 14.4 PARTIAL UTILIZATION I Use by the Owner at the Owner's option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii} Owner, Engineer, Owner's , Representative, 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 performance of the remainder of the Work, may be accomplished prior to Final � Completion of all 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, Owner's Representative, and Engineer that such part of the Work is substantially complete and request Owner's Representative to issue a certificate of Substantial , Completion for that part of the Work. Contractor at any time may notify Owner, Owner's Representative, and Engineer in writing that Contractor considers any such part of the Work � ready for its intended use and substantially complete and request Owner's Representative to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, Owner, Contractor, Owner's Representative, and Engineer shall make ' an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete,Engineer will notify Owner, Owner's Representative, and Contractor in writing giving the reasons therefore. If Engineer considers that part of the Work to be substantially complete, the provisions of the articles for Substantial ' Completion and Partial Utilization will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. ' 14.5 FINAL INSPECTION Upon written notice from Contractor that the entire Work or an agreed portion thereof is ' complete, Owner's Representative will make a final inspection with Engineer, Owner and Contractor and will within thirty (30) days notify Contractor in writing of particulars in which � Sectionlll.doc Page 36 of 46 7/26/20]1 ' ' ' Section III—General Conditions this inspection reveals that the Work is incomplete or defective. The Owner's Representative will ' produce a final punch list, deliver it to the Contractor within five (5) days of completion and assign a date for this work to be completed not less than thirty(30)days from delivery of the list. Failure to include any corrective work or pending items does not alter the responsibility of the ' contractor to complete all the construction services purchased pursuant to the contract. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. ' 14.6 FINAL APPLICATION FOR PAYMENT After Contractor has completed all such corrections to the satisfaction of Owner's Representative ' 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 Bonds and Insurance, certificates of ' inspection, Inspector overtime reimbursement as required in the Contract Documents and other documents, Contractor may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as � previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by paragraph for Bonds and Insurance, (ii) consent of the surety, if any or if necessary, to final payment, and (iii) complete and legally � effective releases or waivers (satisfactory to the Owner) of al1 Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by the Owner, Contractor may fumish receipts or releases in full and an affidavit of Contractor that: (i) ' the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which the Owner or the Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to ' furnish such a release or receipt in full, Contractor may furnish a Bond or other collateral satisfactory to the Owner to indemnify the Owner against any Lien. ' Prior to application for final payment, Contractor shall clean and remove from the premises all surplus and discarded materials, rubbish, and temporary structures, and shall restore in an acceptable manner all property, both public and private, which has been damaged during the � prosecution of the Work, and shall leave the Work in a neat and presentable condition. 14.7 F{NAL PAYMENT AND ACCEPTANCE , If through no fault of Contractor, final completion of the Work is significantly delayed and if Owner's Representative so confirms, the Owner shall, upon receipt of Contractor's final Application for payment and recommendation of Owner's Representative, and without , terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted_ If the remaining balance to be held by the Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have ' been furnished as required in paragraph for Bonds and Insurance, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Owner's Representative with the Application for � such payment. Such payment shall be made under the terms and conditions goveming final payment,except that such payment shall not constitute a waiver of claims. If on the basis of Owner Representative's observation of the Work during construction and final ' inspection, and Owner Representative's review of the final Application for Yayment and _Sectionlll.doc Page 37 of 46 ?/26/2011 , , Section III—General Conditions ' accompanying documentation, all as required by the Contract Documents, Owner's Representative is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Owner's Representative will indicate in ' writing his recommendation of payment and present the Application to Owner for payment. Thereupon, Owner's Representative will give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of this article. Otherwise, Owner's Representative � wil} return the Application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. If the Application and accompanying documentation are appropriate as ' to form and substance, the Owner shall, within twenty (20) days after receipt thereof pay contractor the amount recommended by Owner's Representative. 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 Documents or the tertns of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and a waiver of all claims by Contractor against the Owner other than � those previously made in writing and still unsettled. 15 SUSPENSION OF WORK AND TERMINATION � 15.1 OWNER MAY SUSPEND THE WORK At any time and without cause, Owner's Representative may suspend the Work or any portion , thereof for a period of not more than ninety (90) days by notice in writing to Contractor, which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date ' so fixed. Contractor shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes an approved claim therefore as provided in the articles for Change of Contract Price and Change of Contract Time. , 15.2 OWNER MAY TERMINATE Upon the occurrence of any one or more of the following events; if Contractor persistently fails , to perform the work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere � to the progress schedule as adjusted from time to time); if Contractor disregards Laws and Regulations of any public body having jurisdiction; if Contractor disregards the authority of Owner's Representative; ' if Contractor otherwise violates in any substantial way any provisions of the Contract Documents; or if the Work to be done under this Contract is abandoned, or if tlus ' 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 otherwise than as herein specified, or at any time Owner's Representative 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. Sectionlll_doc Pa�e 38 of 46 7/26/2011 � ' ! ' Section III—General Conditions The Owner may, after giving Contractor (and the surety, if any), seven days' written notice and, ' to the extent permitted by Laws and Regulations, terminate the services of Contractor, exclude Contractor from the site and take possession of the Work and of all Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent ' they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the Owner has paid Contractor but which aze stored elsewhere, and finish 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 finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by the Owner arising out of or resulting from completing the Work such excess will be paid to Contractor. � If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to the Owner. Such claims, costs, losses and damages incurred by the Owner will be ' reviewed by Owner's Representative as to their reasonableness and when so approved by Owner's Representative 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 performed. Where Contractor's services have been so terminated by the Owner, the termination will not affect any rights or remedies of the Owner against Contractor then existing or which may ' thereafter accrue. Any retention or payment of moneys due Contractor by the Owner will not release Contractor from liability. Upon seven (7) days' written notice to Contractor and Owner's Representative, the Owner may, , without cause and without prejudice to any other right or remedy of the Owner, elect to terminate the Agreement. In such case, Contractor shall be paid(without duplication of any items): ' for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; ' for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and � profit on such expenses; for all claims, costs, losses and damages incuned in settlement of terminated contracts with Subcontractors, Suppliers and others; and for reasonable expenses directly , attributable to termination. Contractor shall not be paid on account of loss of anticipated profits or revenue or other ' economic loss arising out of or resulting from such termination. 15.3 CONTRACTOR MAY STOP WORK OR TERMINATE ' If, through,no act or fault of Contractor, the Work is suspended for a period of more than ninety (90) days by the Owner or under an order of court or other public authority, or the Owner's Representative 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 Owner's Representative, and provided the Owner or Owner's Representative does not remedy such , suspension or failure ���ithin that time, terminate the ADreement and recover from the Owncr _Sectionlll.doc Page 39 of46 7/26/2pl i ' � Section III—General Conditions , 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 no fault of Owner, the Contractor shall not be entitled to payment except as the Court may direct. In lieu of terminating the Agreement , and without prejudice to any other right or remedy, if Owner's Representative has failed to act on an Application for Payment within thirty (30) days after it is submitted, oz the Owner has failed for thirty (30) days to pay Contractor any sum finally determined to be due, Contractor ' may upon seven(7) day's written notice to the Owner and Owner's Representative 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 ar � Change of Contract Time or otherwise for expenses or damage directly attributable to Contractor's stopping Work as permitted by this article. 16 DISPUTE RESOLUTION � If and to the extent that the Owner and Contractor have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution ' method and procedure will proceed. If no such agreement on the method and procedure for resolving such disputes has been reached, subject to the provisions of the article for Decisions on Disputes, 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. , 17 MISCELLANEOUS 17.1 SUBMITTAL AND DOCUMENT FORMS I 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 Owner's Representative subject to the approval of Owner. 17.2 GIVING NOTICE , Whenever any provision of the Contract Documents requires the giving of written notice, notice will be deemed to have been validly given if delivered in person to the individual or to a member � of the firm or to an officer of the corporation for whom it is intended, or if delivered or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. ' 17.3 NOTICE OF CLAIM Should the Owner or Contractor suffer injury or damage to person or property because of any ' error, omission or any act of the other party or of any of the other party's officers, employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The � provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. ' Sectionlll.doc Page 40 of 46 7/26/201] ' ' 1 ' Section III—General Conditions 17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED ' Whenever reference is made to "claims, costs, losses and damages," the phrase shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or other dispute resolution costs. I 17.5 ASSIGNMENT OF CONTRACT ' The Contractor shall not assign this contract or any part thereof or any rights thereunder without the approval of Owner, nor without the consent of surety unless the surety has waived its rights to notice of assignment. � 17.6 RENEWAL OPTION Annual Contracts issued through the Engineering Department may be renewed for up to two (2) , years, upon mutual consent of both the Owner and the Contractor/Vendor. All terms, conditions and unit prices shall remain constant unless otherwise specified in the contract specifications or in the Invitation to bid. Renewals shall be made at the sole discretion of the 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 Construction Department. , 17.7 ROLL-OFF CONTAINERS AND/OR DUMPSTERS All City construction projects shall utilize City of Clearwater Solid Waste roll-off containers , and/or dumpsters for their disposal needs. For availability or pricing contact Mike Pryor at the City of Clearwater, Solid Waste Department, phone: (727) 562-4923 or email: Michael.Prvor�mvClearwater.com. I 18 ORDER AND LOCATION OF THE WORK The City reserves the right to accept and use any portion of the work whenever it is considered to ' the public interest to do so. The Engineer shall have the power to direct on what line or street the Contractor shall work and order thereof. ' 19 MATERIAL USED All material incorporated into the final work shall be new material unless otherwise approved by ' the Engineer. If requested by the Engineer, the Contractor shall furnish purchase receipts of all materials. ' 20 CONFLICT BETWEEN PLANS AND SPECIFICATIONS "l�he various Contract Documents shall be given precedence, in case of conflict, error or discrepancy, as follows: Modifications, Contract Agreement, Addenda, Supplementary General ' Conditions, General Conditions, Supplementary Technical Specifications, Technical Specifications, Drawings. In a series of Modifications or Addenda the latest will govern. , 21 OWNER DIRECT PURCHASE (ODP) OPTION 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 _Sectionlll.doc Page 41 of 46 7/26/2011 , ' Section]II—General Conditions � the project as a sales ta�c savings option in compliance with Florida Law since the Owner is exempt from payment of sales t�_ The Contract price includes Florida sales and other applicable t�es 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 Contractor's contract. The Owner purchasing of construction materials, if selected, will be administered on a deductive Change Order basis. ' Additionally, Purchase Orders will include Owner's Certificate of Exemption number. See SECTION IV, ARTICLE l.l - SCOPE DESCRIPTION for ODP items included in the Contract Documen�s and the APPENDIX for ODP Documents. ' 22 RESIDENT NOTIFICATION OF START OF CONSTRUCTION 22.1 GENERAL I The Contractor shall notify all residents along the construction route or within a 500-foot radius, unless stated otherwise in the Contract Documents, with a printed door hanger notice indicating ' the following information about the proposed construction work and the Con�actor 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 andlor colored water due to construction efforts; Contractor's name, the Superintendent's name, Contractor address and telephone number; Contractor's company logo (optional); requirement for residents to remove landscaping and/or other private appurtenances � which are in conflict with the proposed construction; and other language as appropriate to the scope of Contract work. Sample door hanger including proposed language shall be approved by the City prior to the start of construction. Notification shall be printed on brightly colored and ' durable card stock and shall be a minimum of 4-'/4 by 11 inches in size. Notification (door hanger) shall be posted to residences and businesses directly affected by the Contractor's activities no later than seven (7) days prior to the start of construction activity. Directly affected ' by the Contractor's activities shall mean all Contractor operations including staging areas, equipment and material storage, principal access routes across private properiy, etc. Contractor cannot start without proper seven (7) day notice period to residents. Contractor is required to ' maintain sufficient staff to answer citizen inquiries during normal business hours and to maintain appropriate message recording equipment to receive citizen inquires after business hours. Resident notification by the Contractor is a non-specific pay item to be included in the bid items � provided in the contract proposal. 22.2 EXAMPLE ' CITY SEAL Of CITY OF CLEARWATER ' NOTICE OF CONSTRUCTION TODAY'S DATE: / / PLEASE EXCUSE US FOR ANY INCONVENIENCE � We are the construction contractor performing (state 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 property. � This notice is placed a minimum of seven (7) days in advance of construction to notify property owners of the ending start of construction. SectionllI.doc Page 42 of 46 7/26/201 I 1 � ' ' Section lll—General Conditions (Brief description of the construction process to be expected by the property owners) � The construction process may necessitate the removal of certain items from the right-of-way. Typical items such as sprinklers, grass, and postal approved mailboxes will be replaced by the contractor within a reasonably short period of time_ The replacement of driveways and sidewalks ' will be made using standard asphalt or concrete materials. The property owner is responsible for the expense and coordination to replace driveways and sidewalks which have customized colors, textures and/or materials. Small trees, shrubs, landscaping materials, unauthorized mailboxes or ' structures within the right-of-way which must be removed due to the construction process will not be replaced. The property owner is responsible to relocate any such items which the property owner wishes to save prior to the start of construction. Vehicles parked on the streets or within ' the right-of-way may be required to be placed elsewhere. We are available to answer any questions you may have regarding the construction process or any particular item that must be relocated. Please contact our Construction Manager Iat (727) . We will be more than happy to assist you. Construction is anticipated to begin on: � Company Name Company Address Contractor Phone Number ' 23 PROJECT INFORMATION SIGNS ' 23.1 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. To help accomplish this purpose,the Contractor is required to prepare and display public project information signs during the full course of the contract period. These signs will be displayed at all location(s) of active ' work. Payment t� Contractor for the preparation, installation and management of project sign(s) shall be included in the cost of the work. The number of and type of signs will be stated in SECTION IV, ARTICLE 1.1 —SCOPE DESCRIPTION. ' 23.2 TYPE OF PROJECT SIGN, FIXED OR PORTABLE Sign type shall be "fixed" on stationary projects and "portable" on projects which have extended ' locations or various locations. The particular wording to be used on the signs will be determined after contract award has been approved. Conh�actor will be provided the wording to be used on sign at the preconstruction conference. ' 23.3 FIXED SIGN Fixed sign shall be 4-foot by 6-foot (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 minimwn of two (2) 4-inch by 4-inch (4"x4") below grade pressure treated (P.T.) wooden posts and braced as necessary for high winds. Posts shall be long enough to provide secure anchoring , in the ground. Bottom of sign must be a minimum of 24-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 on both sides with exterior rated paint_ , _Sectionlll.doc Page�13 of 46 7/26/2011 , ' Section III—General Conditions ' 23.4 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. 23.5 SIGN COLORING Background shall be white. Project Descriptive Name shall be in blue lettering. All other ' lettering shall be black. Basic lettering on sign shall be in all capital letters, of size proportional to the sign itself. Each sign shall depict the City's sun and waves logo. The color of the sun shall � be pantone yellow; the wave shall be process blue; and the text shall be black. 23.6 SIGN PLACEMENT ' Signs shall be placed where they are readily visible by the general public which pass by the project site. Signs are not to be placed where they may become a hazard or impediment to either pedestrian or vehicular traffic. For construction projects outside of the Owner's right-of-way,the � signs will be placed on the project site. For projects constructed inside of the Owner's right-of- way,the signs will be placed in the right-of-way. Portable signs are to be moved to the locations of active work on the project. Multiple portable signs will be necessary where work is ongoing in ' several locations at the same time. Fixed signs are to be placed at the start of construction and will remain in place until the request for final payment. 23.7 SIGN MAINTENANCE I The Contractor is responsible for preparation, installation,movement, maintenance, replacement, removal and disposal of all project signs during the full course of the contract period. The ' Contractor will place and secure portable signs from dislocation by wind or other actions. Signs are to be cleaned as necessary to maintain legibility and immediately replaced if defaced. , , ' ' � � SectionllI.doc Page 44 of46 7/26/2Q11 1 , ' ' Section III—General Conditions 23.8 TYPICAL PROJECT SIGN ' - - � # , PROJECT NAME (CONTRACT NUMBER) � (DEPARTMENT NAME) PROJECT � CONTRACTOR: r � COMPLETION DATE: FUNDING: ' OWNER'S REPRESENTATIVE: � LL ° Clearwater � U 1 1 � ' - i I ' ' I ' �__ 1 I _ � � ' 24 AWARD OF CONTRACT, WORK SCHEDULE AND � GUARANTEE It will be required that the work will commence not later than five (5) calendar days after the ' Engineer gives written notice to proceed (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, ARTICLE 1.1 - SCOPE DESCRIPTION. Contract date to commence at issuance of notice to proceed. If the Contractor fails to complete the work within the stipulated time, the City will retain the amount stated in the � Contract, per calendar day, for each day that the contract remains incomplete. The work shall be discontinued on Saturdays, Sundays, and approved Holidays. If it becomes necessary for the Contractor to perform work on Saturdays, Sundays, and approved City of Clearwater Employee ' Holidays, that in the opinion of the F,n�ineer, �vill require the presence of lnspectors, the _Sectionlll.doc Page 4�of 46 7/26/2011 � ' Section 111—General Conditions � Contractor shall pay the City of Clearwater, Florida,the amount of Four Hundred Eighty Dollars ($480.00)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 r to other work resulting therefrom which appear within a period of two (2) years from the date of final acceptance. , , � 1 � ' � ' � � � ' ' � Sectionlll.doc P1�e 46 of 46 7/26/2011 � � ' , � SECTION N-A PROJECT SPECIFICATIONS ' CONCRETE REPAII2S OF EXTERIOR COLUNINS THE LONG CENTER I1501 N.BELCHER ROAD,CLEARWATER,FLORIDA ' TABLE OF CONTENTS ' SECTION DESCRIPTION ' 0000 SCOPE OF WORK 0001 INSTRUCTIONS TO BIDDERS ' 0002 GENERAL CONDITIONS 0003 SCHEDULE OF VALUES ' 0004 SPECIFICATIONS ' 0005 EXHIBITS 0006 PLAN LIST ' , ' ' ' , , � ' I (SECTION 0000) CONCRETE REPAIRS OF EXTERIOR COLUMNS ' THE LONG CENTER 1501 N.BELCHER ROAD,CLEARWATER,FLORIDA SCOPE OF WORK ' I. DESCRIPTION The work shall consist of various types of concrete repairs at the damaged exterior columns,plus miscellaneous items identified herein. In addition,the work shall include a new limestone finish at allcolumns indicated. III. WORK PROCEDURE The work shall be in accordancewith all applicable codes,and the referenced plans and specification�as amended � during the project. Note:The Contractor shall coordinate and schedule the work as required to maintain the daily operation of the building. Unless otherwise approved,the work schedule will be Monday through Friday between the hours of 730 a.m.and 530 p.m. , III. SCOPE OF REPAIRS 1. Contractorshall provide all barricades,shoring,etc.,as necessaryto protectthe structure and safety of the residents,visitors,and workers at all times. ' 2. Demolition: a. Removal of concrete spall materials. b. Dust control. ' 3. Concrete repairs are as noted on the drawings and as specified herein. Note: The extent of damage is unknown,and wil] therefore be subject to the contractois survey under Item#8d.below. 4. Concrete repairs shall be as directed by the Engineer,per the enclosed specifications,and the applicable ' unit prices. 5. New limestone finish on all exterior columns as�oted on the drawings. 6. Miscellaneous painting of the exposed steel members and soffits requiring touciup due to the work. 7. Protection of all horizontal and vertical surfaces adjacent to the work that are not subjectto repair. , 8. Quality Assurance: a. The Contractor's field superintendent is to reviewthe prr�ject documents in total,and subseyuently meet with the Engineer prior to startingthe work to address any questions relevant to the project ' requirements. b. Contractoris to prepare mockups of al l specified repair procedures for the engineer's review prior to proceeding with the work. � c. Contractorwill also provide a pachometer,multi-meter,and an adequate supply of phenophtalein for the superintendent's use during the project. d. Note: Contractor is to inspect and sound all suspected damaged concrete prior to starting repairs. ' Subsequently,the Contractor will provide a written report to the engineer on the extent of the concrete repairs required to include estimated quantities and cost projections based on the contract Schedule of Values. e. Owner will provide a Project Manager for coordination of daily activitieswithin the facility,and ' confirmation of unit price quantities, along with other duties as required by the owner. f. The Contractor's superintendent will be required to maintain a daily log on-site identifying the number of workers,work activity, change in weather conditions,etc. , 9. Other items as specified herein(or shown on the drawings). 10. Other repairs may be required as part of this project that are not yet known. This will be as directed by the Owner(or)Engineer. The additional cost on this work sha11 be in accordance with the contract and funds ' utilized from allowances and contingency directives 11. The Contractor shall close the second level access to all occupants�vhen working in these areas. Contractorshall provide all necessary barriers to protect safety and welfare of the public during the ' _2_ � , implementation of the project. The ramp at the UPARC(east)side of the facility shall remain open , at all time for fire escape egress;shall not be blocked and no construction debris on ramp at any time during the construction period of this project. , 12. Items excluded in base b�d: a. Any electrical work. b. Removal of lighting protection and reinstal�tion by owner. ' c. The Owner will be replacing the brick paving and concrete of the courtyard which is bordered by the Recreation Center,Aging Well Center and UPARC. The concrete column repair contractor will be required to coordinate his construction activity with the Owner's concrete flatwork ' contractor in the courtyard area. 13. Asbestos survey(by owner). (See Exhibit#4.) ' 14. Work items specifically identified as�`by owne�". a. The contactor shall note theLong Center will continue to operate and program the entire facility dnring column repairs and other miscellaneous repairs. The Long Center operation hours from ' 6:00 AM to 9:00 PM Monday-Friday,Saturday 8 AM— 12:00 noon. The contractor shall take all precautions to protect the safety and welfare of the facility patrons and staff during the construction period. Contractor shall provide temporary constructionfencing(6'x 10 fence panels on stands& ' caution signs on fence panels) as necessary during the construction period and provide a plan showing locations of the fencing at t he pre construction meetingo f p hasing o f t he project b. Contractor will not be able to work on all columns of the project at one time but must phase the , project to allow access to the facility programming c. Contractor shall provide maintenance of traffic (M. O. T.) of pedestrian traffic and provide banicades as necessaryand approved locationsby the engineer and Owner. d. The drive aisles shall not be block where traffic cannot pass and at no time shal]the roundabout be ' blocked_ e. The Upper Pinellas Association Retarded Citizens(UPARC)regular drop off and collection every day(Monday—Friday from 7:45—8:00 AM and 2:00—3:00 PM,there shall be no disruption at � the roundabout during these times. f. An alternate item to ensure the safety and welfare of the UPARC clients is an option to performing the column repairs when the clients are not utilizingthe facility and performingthis work between ' the hours of 3:00 PM to 12:00 Midnight. Should the Owner decide the contractor to make column repairs of Building 400 during the hours 3:00 PM to 12:00 Midnight the contractor shall provide only the additional cost to perform the work at this stated scheduled time. _ g. Policing properiy and keep area clean of all construction debris at all timesvill be mandatory. ' IV. CONTRACTOR QUALIFICATIONS The following contractor qualifications are required: � 1. Company experience:NLnimum of 10 years doing specifically concrete repair and coating work. 2. Project SuperintendentExperience:Minimum of 5 years doing concrete repairvvork. 3. Association membership: Member of the International Concrete Repair Institute(ICRI). � 4. Licenses required: State of Florida Certified General Contractor License_ 5. Submit project references on 5 similar projects. 6. Able to provide a P&P bond. _ 7. Contractor(s)must be pr�qualified with the City of Clearwater prior to the bid openingSee Exhibit 6 ' V. ALTERNATES: (As identified herein) VI. Contract Duration: � 1. 150 consecutive calendar days from letter of notice to proceed fromhe owner. _,,_ 1 � � , , VII. Proiect Schedule: ' 1. Plans Available to Contractors—Tuesday, September 6,2011 2. Mandatory Pre-Bid Conference— 10:00 AM Wednesday, September 14, 2011, Long Center Room Athletic Offices on the 2"d floor— 1501 N. Belcher Rd., Clearwater,FL 33765 , 3. Last Day for Submission of Questions— 11:00 AM, Thursday September 22, 2011 4. Bid Opening-Thursday, September 29, 2011 5. Award Date by City Council-Thursday, October 20, 2011 ' 6. Contractor Collect Contract at Engineer Dept. Office to Execute—Friday, October 21, 20l 1 7. Pre-Construction Meeting-Thursday October 27,2011 —Long Center Room Athletic Offices on the 2"a floor— 1501 N. Belcher Rd.,Clearwater, FL 33765 1 8. Notice to Proceed November 7, 2011 Construction Duration 150 Consecutive Calendar Days from Notice to Proceed 9. Project Completion-Friday,Apri19, 2012 ' ' ' , ' ' , 1 ' ' ' ' �4' � ' (SECTION 0001) ' INSTRUCTIONS TO BIDDERS 1. DOCUMENTS Plans and specifications are as noted}erein. ' 2. TYPE OF PROPOSALS REQUESTED Proposals shall be submitted accordingto documents in Section V—ContractDocuments;Bidder's Proposal in the � format identified herein. 3. TIME AND PLACE ' Refer to Section I of these specifications. 4. CONTRACTS ' The successful Contractor will be expected to execute a contract for the scope of work identified herein using Section V—Contract Documentsbetween Owner and Contractor,as noted in the invitation for bid. 5. STATE AND LOCAL LAWS , Bidders shall comply with all federal laws and acts, those of the State of Florida, and all local and county ordinances. 6. INTERPRETATION OF DOCUMENTS , The Owner or Owner's agent wil] not be responsible for any oral interpretation of the meaning of the plans, specifications,cr other pr�bid documents to any bidder or supplier. , 7. CHANGES AND SUBSTITiJTIONS Items herein specified under manufacture�'s names and catalog numbers are intended as a basis of quality and not as a closed specificationunless otherwise noted. Voluntary alternates are welcome but must be identified separately ' from the bidder's proposal on the contractor's letterhead. The contractor must bid all line items in the Bidder's Proposal in Section V ofthe Contract Documents bid quantities for this project.The contractormust fill in all line items with a dollar amount on the Bidder's Proposal. Any line items not filled in with the dollar amount the ' proposal will be considered as a nonresponsive bid. The owner reserves the right to accept or reject voluntary alternates. Should the Owner reject the voluntary ' alternates the contractor shall construct the project according to the Bidder's proposal sheet. 8. MODIFICATIONS-WITHDRAWAL OF BID Proposals may only be modified up to the time of bid after which bidder's proposal shall stand for ninety(90)days. ' 9. SALES AND USE TAX Each bidder shall include in his proposal all sales and use taxes on the work covered by his contract. � 10. SUBMITTALS The Contractor shall prepare and submit in a timely manner,all shop drawings(or other submittals)as may be ' necessaryto describe completelythe details of construction ofthe work.All material and shop drawing submittals must be submitted within fort�five(45)days from Notice To Proceed date. (Approval of such submittals by the Engineer shall not relieve the Contractor of its obligation to perform work in strict accordance with plans, _ specifications,and other contract documents,nor of its responsibility for the proper matching and fitting of the , work. (See Log/Exhibit#1 to be maintained by the Contractor and included with each submittal.) Owner wi]]require 3 hard copies ofthese submittals at close out of the project and all information developed by the Contractor for this project on 3 CD's including Daily(Dnstruction Activity log. , 11. OWNER REQUIRED DOCUMENTS _5_ I 1 � , Contractor agrees to furnish any waiver,warranties,guarantees,affidavits,or other documents required by the Owner within ten(10)days of notification. If such documents are not furnished within such period,the Owner may , withhold payments currently owed until such time as the documents are received. All information shall be included in the close out documents and three copies will be required. , 12. LAYOUT The Contractor is responsible for its ovn field engineering,and/or layout. ' 13. PROTECTION OF WORK The Contractor shall provide and maintain at all times sufficient protection of all work material,and equipment from damage or loss of theft,vandalism,and mischiefand shall protect the Owner's and adjoining properties from any and all injury arising in connection with the performanceof said work. Contractor shall make good any damage or ' injury occurring without any expense whatsoever to the Owner. 14. GUARANT'EE � A written two(2)year guarantee from final acceptance(unless otherwise stated in the specifications)is required upon completion of the project. Receipt of this guarantee is required prior to final payment. City will require 1 original and 2 copies as part of the close out documen4. ' 15. AS-BUILT DRAWINGS A fi�al set of as-built drawings are required upon completion of the project. Receipt of these materials is required prior to processing the Contractor's final payment.City will require 3 hard copies and placed on 3 cd's at final ' closeout documents 16. PERMITS ' A. The Contractor shall obtain all necessary building related permits reyuired for the project,and include the cost for permits in the base bid. The City will submit drawing for the building permit priar to going out to bid the Contractorwill be required to collect permitno.BCP2011-08561 and there are no fees associatedwith this permit. ' B. The Contractorshall contactPinellas County Air Qualityten(10)day prior to being constructionto inform this agency there is no asbestos were discovered in the asbestos survey conducted by Greenfield Environmental. The asbestos survey is Exhibit 4located in this document. ' 17. INSURANCE Insurance requirements shall be in accordance with the AIA-A 107 contract form. (Note:The Owner will provide ' the Builder's Risk policy). Contractorto provide copies of all certificatesprior to commencement subject to the following limits: A. Refer to Section III of these specifications. � B. Note: The Contractor's general liability insurance policies shall include the Owner and Engineer as additional insured,and so noted on the insurance certificate. 18. BONDS ' The Owner to require a 100%performance and payment bond. Final payment is subject to receipt of consent of surety,upon completionof the work. � 19. PRE-BID MEETING: The Contractor(s)shal] visit the site, confirm the existing conditions,and attend the Pre-Bid meeting prior to submitting their proposals. , 20. NOTICE OF COMMENCEMENT The Contractor shall post a"Notice of Commencemart"as provided by F.S. 713.13. City project do not require Notice of Commencement. , _6_ � � ' 21. PRE-CONSTRUCTION CONFERENCE � The successful Contractor shall meet with the Owner and Engineer at a pre construction conference pnor to starting the work to review the scope of work. The contractor will be required to submit a_ Company's Safety Plan ' b. Company's Hurricane Plan c. Emergency Contact List d. Authorization Personnel to executeand give direction for theproject ' e. Project schedule in color, showing sequence of work,m�or&minor milestones and]ong lead items f. Schedule of values on AIA formatfor progress payment application,unit price quantity worksheet g. List of Material and Shop Drawing Submitals for the Engineer and Owner review � h. Discuss staging area,contractor's s�itation facility location, location of project identification signage i. Location of contactor employee parking j. Contractor,UPARC,Patron staff of the Long Center Access k. Phasing of Work � 22. PROJECT CONSTRUCTION MEETING The City will require progress meeting every two weeks and date of ineetings will be determined at the pre- ' construction meeting.The Engineer(or)Owner's representativewill issue meeting minutes after each meeting with regards to project status and outstanding issues. 23. PROJECT SCHEDULE , A. The Contractor shall provide a project work schedule in sufficient detail at the Pre-Construction meeting. Appropriate updates of the schedule are requiredat each progress meeting. B. The work shall be completed within 150 calendar days from a written notice to proceed from the Owner. , C. Refer to Section II for liquidated damages. 24. ALLOWANCES ' The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Unless otherwise provided in the Contract Documents: A. Allowances shall cover thecost to the Contractor of materials and equipment delivered at the site and all , reyuired taxes, less applicable trade discounts; B. Contracto�'s costsfor unloading and handling at the site,labor,installation costs,overhead,profit and other expenses contemplatedfor stated allowance amounts shall be included in the Contract Sum but not in the allowances,unless otherwise noted(U.O.N.)_ , C. Labor and Materials(L&Ivn allowances shall include all labor,material,equipment,taxes,etc.,plus the Contractors OH&P per the Schedule of Values. D_ Whenever costs are more than or less than allowances,the Contract Sum shall be adjusted accordinglyby � an Allowance or Contingency Directive. The amount of the Allowance or Contingency Directive shall reflect the difference between actual costs and the allowance�r contingency directive. Materials and equipment under an allowance or contingency directive shall be selected by the Owner in suffcient , time to avoid delay in the work. 25. CONTRACTOR'S TEMPORARY FACILITIES Contracto�'s temporary offices,staging areas,and parking locations shal l be in areas designated by the owner. The , Contractor shall provide telephone access to the project superintendent on-site for the length of the project Contractorwill be required to provide own sanitary servicesfor employeesthey will not be allowed to use facility's restrooms. If an office space is required an office will be provided. However,the Contractor will be required to , restorethe office in same condition as received. The Contractorwill not be allowed to park in any parking spaces up close to the building. They must unload the construction equipment and materials from trucks and park in the 7' � ' ' ' grass parking determined by the owner. Locationof port�potty location will be determined by the Owner at the pre-construction meeting. i26. SUPERVISION The Contractorshall provide a superintendentexperienced in building repairwork and window installationfor the � duration of the project. 27. PROGRESS PAYMENTS Engineer to review PRIOR to submission for pay to the Owner. Provide note"NET DUE UPON INVOICE"this , will allowfor timely payment Payment will be based onSchedule of Values. The Contractorshall submit progress paymentapplicationsthe 25`�day ofeach month based on AIA G7�2/G703, with a cost breakdown acceptableto the owner.Subject to review of the application by the Owner's represerrtative, ' payment shall be made(less]0%retainage). Final payment,to include monthly retainage hold backs,is payable in accordance with the terms of the contract. Note: Contractor to prepare and submit with each invoice all necessary worksheets signed by the Owner's agent that supports payment for unit price quantities. (Advance , deposits will not be approved unless specifically authorized by the owner in advance.) 28. PROCEDURES FOR PAYMENT APPLICATIONS • Prepare Payment Application for each billing period identified in the contract on AlA forms(G702 and , . G703),or on forms approved by the Fngineer. Payment Application breakdown shall be in accordance with the CONTRACT Schedule of Values approved by theEngineer. � • Contractor shal l submit a"draft"copy of the Payment Application for the Engineer's and Owner's review and comments 7 days prior to the 25`�'day of each month when the pay applications are due. • Contractor shall revise and resubmitthe Payment Application in sufficientcopies necessaryforthe project ' . reyuirements. Each Payment Application shall include: a. Contractor's signature with notary seal. b. Date of Application. ' c. Time period of Application. d. Number each sheet. e. The contract start date. ' f. The contract"name"of the project. g. List only allowance or contingency directivesthat have been approved. h. Contractor's partial Waiver of Lien for the subject Payment Application. , i. All vendors partia]Waivers ofLien from the previous payment application,with cover sheet listing the identity of each vendor. j. A copy of the�nit price quantity summaryfor the subject pay period identifying the total quantities for each of the unit price]ine items,with the project superintendent and Owner representative's 1 signature. (See Exhibit 2.) k. Contractor must provide final payment certificatewith the final invoice per form in Secrion V— Contracts. ' 1. Reviewed by the Engineer prior to submission to the Owner. 29_ CHANGES IN THE WORK , When the Owner authorizes changes in the work,the Contractor sha11 prepare a cost breakdown acceptable to the Engineer(and/or)Owner based on the terms of the contract. Upon approval ofthe cost,the Contractor shall prepare a change order to the contract using AIA Form G701. ' 30. PROJECT CLOSEOUT Upon completion of the project, the Contractor will provide the Owner with 3 hard copies and CD's of all documentation required by the contract,plans,and specifications.(Refer to Exhibit 3 for checklist.) ' _g_ , ' ' � ' (SECTION 0002) GENERAL CONDITIONS ' Refer to Section III of these project specifications. , � ' ' ' , ' � ' � � ' _9_ ! ' � � � � ' ' (SECTION 0003) SCHEDULE OF VALUES � Refer to Section V of these ro'ect s cifications_ P J Pe ' � � , � ' i 1 � i ! �10� � i SECTION 0004 , � ) PROJECT SPECIFICATIONS � I. DESCRIPTION OF WORK A. SCOPE � I) THE WORK REQUIRED HEREIN CONSISTS OF ALL COMPONENTS AND RELATED ACCESSORIES REQUIRED TO COMPLETE THE WORK AS LOCATED AND DETAILED ON , 'THE DRAWINGS,AND SPECIFIED HEREIN. 2) EXISTING BUILDING: ALL 1NFORMATION ON TT� EXISTING BUILDING SHOWN ON THESE PLANS IS OBTAINED FROM THE BEST AVAILABLE SOURCES, BUT EXISTING INFORMATION DOES NOT NECESSARILY REFLECT AS-BUILT CONSTRUCTION. THE ' CONTRACTOR SHALL VERIFY ALL INFORMATII�N SHOWN ON THESE PLANS AND NOTIFY THE ENGINEER OF ANY VARIATION. THE CONTRACTOR SHALL VERIFY ALL EXISTING DIMENSIONS AND CONDITIONS BEFORE FABRICATING MATERIALS,AND � INSTALLATION THEREOF. B. SPECIAL CONDITIONS ' 1) ALL COSTS RELATING TO TEMPORARY STORAGE AND PROTECTION SHALL BE BORNE BY TI�CONTRA.CTOR. TI�CONTRACTOR SHALL RETAIN FULL RESPONSIBILITY FOR ANY DAMAGE OR DETERIORA.TION CAUSED TO SURROUNDING SURFACES. � 2) UPON COMPLETION OF THE WORK, THE CONTRACTOR SHALL REMOVE HIS TEMPORARY STRUCTURES AND SHEDS AND REMOVE ALL DEBRIS AND RUBBISH AND PLACE TI-IE AREA IN A CLEAN AND ORDERLY CONDITION AND RESOD ALL DISTURBED AREA TO ITS ORGINAL CONDITION RECEIVED. � 3) TEMPORARY TOILET FACILITIES WILL BE PROVIDED BY THE CONTRACTOR. 4) THE OWNER SHALL FURNISH TEMPORARY WATER AND ELECTRICAL SUPPLY POINTS ON THE SITE,WHERE AVAILABLE. THE CONTRACTOR SHALL PROVIDE THE MEANS � TO DELNER T�-�WATER/ELECTRICAL TO HIS CONSTRUCTION AREA. 5) THE CONTRACTOR SHALL BE RESPONSIBLE FOR TIiE NECESSARY CLEANING AND REPAIRING OF ADJACENT AREAS RESULTING FROM SAID CONTRACTOR'S � OPERATION,RESOD ALL DISTURBED AREAS AS REQUIRED. 6) ALL WORK RELATING TO TI� DISRUPTION OF EXISTING SERVICES SHALL BE COORDINATED WITH THE OWNER. 7) ALL PROTECTION AND SAFETY DEVICES TO INCLUDE TEMPORARY SAFETY � RAILS SHALL BE PROVIDED BY THE CONTRACTOR AS IT RELATES TO THE SAFE CONDUCT OF HIS WORK IN ACCORDANCE WITH ALL LOCAL, STATE, AND FEDERAL REGULATIONS IN PROVIDING SAFETY AND WELFARE OF THE FACILITY � USERS. 8) TI�CONTRACTOR SHALL BE RESPONSIBLE FOR ALL FIELD MEASUREMENTS PRIOR TO FABRICATION OF MATERIALS. � 9) THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING ALL BLOCKING NECESSARY FOR THE INSTALLATION OF HIS WORK. 10) THE CONTRACTOR SHALL: - CLEAN UP ALL WASTE MATERIALS,RUBBISH,AND DEBRIS RESULTING FROM � CONSTRUCTION OPERATIONS AT SUCH�REQUENCIES AND LOCATIONS AS REQUIRED. - REPAIR,PATCH,AND TOUCH-UP MARRED SURFACES TO MATCH ADJACENT � FINISHES DAMAGED BY HIS OWN OPERATIONS. - REMOVE FROM THE SITE ALL WASTE MATERIALS,RUBBISH,AND DEBRIS ON -�� - ' � 1 IA DAILY BASIS. • DO NOT USE OWNER'S DISPOSAL CONTAINERS ' II) CONSTRUCTION PERSONNEL SHALL CONFINE THEIR ACTIVITIES TO THE DESIGNATED CONSTRUCTION AREAS AND THE ACCESS THERETO. 12) ELEVATOR USE:NOT APPLICABLE � 13) CONTRACTOR SHALL DETERMINE WORK ZONES FOR THE PROJECT IN PHASES. THE CONTR.ACTOR WILL NOT BE ALLOWED TO PERFORM THE ENTIRE SITE AS A CONSTRUCTION ZONE AREA. THE FACILITY WILL CONTINUE TO OPERATE DURING THE CONSTUCTION OF THIS PROJECT AND'I'I�CONTACTOR SHALL ENSURE THE LIFE ' SAFETY AND WELFARE OF THE PUBLIC AND FACILITY STAFF EMPLOYEES. AT THE PRE-CONSTRUCTION MEETING,THE CONTRACTOR SHALL PROVIDE A SCHEDULE OF WORK FOR THE OWNER FOR COORDINATION OF WORK DURING'I�CONSTRUCTION ' OF THIS PROJECT. 14) THE CONTRACTOR AND SUB-CONTRACTORS SHALL HAVE SOME FORM OF IDENTIFICATION(PHOTO}ID WHILE ON THE PROJECT. ' 15) THE CONTRACTOR SHALL BE REQUIRED TO PHOTOGRAPH OR VIDEO RECORD'THE EXI STING CONDITIONS OF THE FACILTTY PRIOR TO MOBII.,IZING ON TO THE SITE AND BEGINNING WORK, FAILURE TO PERFORM THE VIDEO RECORDING MAY REQUIRE DAMAGE NOT DONE BY THE CONTRACTOR. � C. GENERAL CONDITIONS 1) TI-IE GENERAL CONDITIONS IDENTIFIED UNDER SECTION III SHALL BE APPLICABLE, ' EXCEPT AS AMENDED HEREIN. 2) PROVIDE WARRANTIES AS DEFINED IN THE CONTRACT. 3) REFER TO INTERNATIONAL CONCRETE REPAIR INSTITUTE(ICRn GUIDELINES#120.1- ' 2009 REGARDING SAFETY RECOMMENDATIONS FOR THE CONCRETE REPAIR INDUSTRY. ' D. MISCELLANEOUS CRITERIA 1) REFER TO INTERNATIONAL CONCRET'E REPAIR INSTITUTE (ICRn GUIDELINE #12Q i(2009)REGARDING GUIDELINES AND RECOMMENDATIONS FOR SAFETY IN THE CONCRETE REPAIR INDUSTRY. , 2) CONTRACTOR IS RESPONSIBLE FOR MEANS AND METHODS OF CONSTRUCTION TO ENSURE THE SAFETY OF THE PROJECT UNTIL THE WORK IS COMPLETED. THIS 1NCLUDES, BUT IS NOT LIMITED TO, THE ADDITION OF WHATEVER TEMPOR.ARY � BRACING, SHORING, GUYS, OR TIE-DOWNS THAT MAY BE NECESSARY. SUCH MATERIAL SHALL BE REMOVED AND SHALL REMAIN THE PROPERTY OF THE CONTRACTOR AFTER COMPLETION OF THE PROJECT. NOTE:TEMPORARY SHORING , SHALL BE DESIGNED BY A STRUCTURAL ENGINEER REGISTERED IN FLORIDA, EMPLOYED BY THE CONTRACTOR. 3) APPLICABLE BUILDING CODES: 2007 FLORIDA BUILDING CODE,WITH CURRENT AMENDMENTS. ' 4) COORDINATE ALL DIMENSIONS AND ELEVATIONS WITH'THE EXISTING CONDITIONS. 5) CONTACT ENGINEER WITH ANY QUESTIONS OR DISCREPANCIES FOUND ON DRAWINGS. ' 6) SUBMIT SHOP DRAWINGS AND/OR PRODUCT DATA FOR REVIEW BY THE ENGINEER ON ALL COMPONENTS AND PRODUCTS SPECIFIED FOR TI�PROJECT. CONT'RACTOR IS TO SPECIFICALLY IDENTIFY WHERE SUBMITTED REPAIlt PRODUCTS ARE TO � BE USED. ALLOW ONE WEEK REVIEW TIME AFTER RECEIPT OF SUBMITTALS BY THE ENGINEER. ALL SUBMITTALS SHALL BE CHECKED AND SIGNED BY THE GENERAL CONTRACTOR. 7) RESTORE ALL DISTURBED AREAS TO THE1R ORIGINAL CONDITION. ' �12� � � 8) A FINAL SET OF AS-BUILT DRAWINGS IS REQUIRED UPON COMPLETION OF THE � PROJECT. THE OWNER WILL REQUIRE 3 HARD COPlES OF'THE AS-BUII,T AND ALSO 3 CD'S WITH THE SAME INFORMATION AS PART OF THE CLOSE OUT DOCUMENTS. t E. DESIGN CRITERIA ]) LIVE LOADS a. ELEVATED WALKWAYS- 100 PSF (ORIGINAL DESIGN) � b. ROOF-20PSF(ORIGINAL DESIGN) 2) W1ND LOADS a. 123 MPH @ 1.0 USE FACTOR(EXPOSURE"C") � II. DEMOLTTION AND REMOVAL A. REMOVE ALL ITEMS NOTED ON'THE DRAWINGS,OR AS REQUIRED,TO MAKE THE SPECIFIED � REPAIRS. B. ALL DEMOLISHED MATERIALS TO BE REMOVED FROM 'THE SITE AND DEPOSITED AT A REGULATED DUMP SITE. BASED ON CITY ORDINACE SHOULD THE CONTRACTOR DECIDE TO USE ROLL OFF FOR DEMOLDITION MATERIAL REMOVE'THEY MUST USE THE CITY SOLID ' WASTE DEPT.ROLL OFF.CONTACT SOLID WASTE 727-562-4600 AND#5. C. PROVIDE ALL SHORING NECESSARY TO PROTECT THE STRUCTURE DURING THE DEMOLITION PROCESS,AND UNTIL THE WORK IS COMPLETED. � D. MAlNTAIN THE BUILDING IN A WATERTIGHT CONDITION WHEN SUBJECT TO INCLEMENT WEATHER. E. DUST CONTROL: ' 1) CONTRACTOR TO TAKE ALL NECESSARY PRECAUTIONS TO LINIIT DUST DURING THE COURSE OF THE PROJECT. (CLEAN UP AS NECESSARY.) 2) CONTRACTOR TO PROTECT ELEVATORS FROM EXCESSNE DUST AT ALL TIMES. III.A. CONCRETE REPAIRS ' A. DESCRIPTION 1) WORK 1NCLUDED: PROVIDE CONCRETE REPAIRS INCLUDING PORMWORK AS � SPECIFIED HEREIN,AND AS NEEDED FOR A COMPLETE AND PROPER INSTALLATION. 3) DAMAGED REINFORCING STEEL SHALL BE CLEANED AND COATED AS SPECIFIED BELOW,OR REPLACED(WITH SAME SIZE BAR AND SPLICES)AS DIRECTED BY THE ' ENGINEER_ B. QUALITY ASSURANCE 1) USE ADEQUATE NUMBERS OF SKILLED WORKMEN WHO ARE THOROUGHLY TRAINED ' AND EXPERIENCED IN THE NECESSARY CRAFTS AND WHO ARE COMPLETELY FAMILIAR WITH THE SPECIFIED REQUIREMENTS AND THE METHODS NEEDED FOR PROPER PERFORMANCE OF THE WORK OF THIS SECTION. � 2) COMPLY WITH"SPECIFICATIONS FOR STRUCTURAL CONCRETE FOR BUII.,DINGS,"ACI 301,AND"CONCRETE REPAIR GUIDE",ACI 546R-96,EXCEPT AS MODIFIED HEREIN_ 3) INSTALL ALL PRODUCTS IN STRICT ACCORDANCE WITH MANUFACTURER'S � REQUIREMENTS. 4) SUBMIT PRODUCT DATA SHEETS ON ALL CONCRETE REPAIR PRODUCTS TO BE USED, TO INCLUDE APPLICATION LOCATIONS AND MANUFACTLIRER'S CERTIFICATE OF APPLICATION. (PROVIDE FOUR SETS IN A THRE�RING BINDER.) ' 5) CONTRACTOR TO PROVIDE MOCK-UP OF THE TYPICAL REPAIR FOR ENGINEER REVIEW BEFORE PROCEEDING WITH THE WORK. C. SOUNDING AND SAW CUTTTNG � 1) SOUND CONCRETE SURFACES TO VERIFY THE EXTENT OF THE AREA TO BE 'l3' t � � � REPAIRED IN ACCORDANCE WITH THE PROCEDURES SPECIFIED HEREIN. CONTRACTCIR TO HAVE AVAILABLE (ON-SITE) A PACHOMETER TO LOCATE � REINFORCING STEEL IN THE CONCRETE. 2) SAW CUT AROUND THE AREA OF DETERIORATION TO A MINIMUM DEPTH OF 3/4 INCH. DO NOT CUT EMBEDDED REINFORCING UNLESS DIRECTED BY THE ENGINEER. , 3) WHERE POSSIBLE,THE CONCRETE AREAS REMOVED SHALL BE RECTANGULAR IN SHAPE. D. CONCRETE REMOVAL ' 1) REMOVE ALL DELAMINATED,UNSOUND,OR OTHERWISE UNSUITABLE CONCRETE. 2) IF THE DETERIORATION OCCURS OVER REINFORCING BARS, REMOVE ALL OF THE CONCRETE AROUND EACH BAR TO ALLOW A MINIMUM OF 3/4 INCH ALL AROUND � THE BAR WITH THE EXCEPTION OF VERTICAL COLUMN BARS. DO NOT REMOVE CONCRETE BEHIND VERTICAL COLUNIN BARS (TOWARD THE CENTER OF THE COLUMN)UNLESS DIRECTED TO DO SO BY THE ENGINEER. DO NOT CUT ANY ' REINFORCING BARS WITHOUT THE APPROVAL OF THE ENGINEER. SEE ICRI GUIDELINE#310.1R(2008). 3) AVOID FRACTURING OF THE AGGREGATE AT THE SURFACE OF THE EXCAVATION. � SOME"SOUND"CONCRETE MAY HAVE TO BE REMOVED TO ADEQUATELY EXPOSE AND CLEAN THE REINFORCING FOR ITS FULL LENGTH. 4) MAXIMUM CARE IS TO BE TAKEN TO NOT DAMAGE ADJACENT CONCRETE THAT IS TO REMAIN. ' S) AVOID DAMAGING THE BOND OF THE BARS THAT EXTEND INTO THE ADJACENT EXISTING CONCRETE BY MINIMIZING VIBRATION OF THOSE BARS DURING THE CONCRETE REMOVAL PROCESS. , 6) CONTRACTOR TO PROVIDE PLYWOOD COVERS OVER EXCAVATED AREAS AT ALL WALK AREAS UNTIL REPAIItS ARE COMPLETE. COVERS ARE TO BE SECURED TO THE DECK SURFACE,AND APPROPRIATELY MARKED PER SAFETY ' REQUIIZEMENTS. E. FORMS 1) DESIGN,ERECT,SUPPORT,BRACE,AND MAINTAIN FORMWORK SO IT WILL SAFELY ' SUPPORT VERTTCAL AND LATERAL LOADS WHICH MIGHT BE APPLIED UNTIL SUCH LOADS CAN BE SUPPORTED SAFELY BY THE REPAIRED CONCRETE STRUCTURE. 2) CONSTRUCT FORMS TO THE EXACT SIZES SHAPES,LINES,AND DIlVIENSIONS SHOWN, ' AND AS REQUIRED TO OBTAIN ACCURATE ALIGNMENT,LOCATION,GRADES,AND LEVEL AND PLUMB WORK IN THE FINISHED STRUCTURE. � F. REINFORCING STEEL(WHERE REPLACEMENT REQUIRED) 1) PROVIDE REPLACEMENT REINFORCING STEEL AS DIRECTED BY THE ENGINEER WITH ASTM A615,GRADE 60 REINFORCING BARS. 2) PROVIDE MECHANICAL REBAR SPLICES BY BAR SPLICE PRODUCTS,INC.(OR EQUAL) ' AS DIltECTED BY TI�ENGINEER;(OR WELD WITH FULL BUTT OR VEE WELD PER AWS D1.4 (PREHEAT� WITH E60XX OR E70XX LOW HYDROGEN ELECTRODES. CONTRACTOR TO PROVIDE WELDER CER'TIF'ICATION BEFORE PROCEEDING WITN THE � WORK. 3) GENERAL GUIDELINES: REPLACE OR SUPPLEMENT ANY EXISTING REINFORCING BARS WITH A LOSS OF AREA IN EXCESS OF 15%WITH NEW REINFORCING BARS. LAP ' IN ACCORDANCE WITH ACI REQUIREMENTS, BUT NLT 30", UNLESS OTI-�RWISE DIRECTED BY THE ENGINEER. INCREASE LAPS AS REQUIRED FOR EPDXY COATED BARS. BARS WITH AN ABSENCE OF DEFORMATIONS ARE CONSIDERED DEFICIENT. ANY REINFORCING THAT W THE ENGINEER'S JUDGEMENT IS 1NADEQUATE DUE TO � 14� ' � DETERIORATION,DAMAGED DURING THE REPAIR PROCESS,OR IS INADEQUATE FOR � ANY OTHER REASON SHALL BE REPLACED. INSTALL ALL OTI�R REINFORCING AS SHOWN ON THE DETAILS. 4} RE-TIE ALL EXPOSED BARS TO EXPOSED CROSSING BARS. (100%) � 5) RE-TIE AI,L EXPOSED BARS TO INIBEDDED CROSSING BARS - (30%) - UNLESS OTHERWISE DIRECTED BY ENGINEER. G. SURFACE PREPARATION � 1) PREPARE CONCRETE AND REINFORCING STEEL SURFACES IN ACCORDANCE WITH THE MANUFACT[JRER'S REQUIREMENTS,AND ICRI GUIDELINE NO.310.1R(2008� , 2) WIRE BRUSH OR MECHANICALLY CHIP SUBJECT AREAS OF ALL LOOSE MATERIALS. 3) CLEAN AREA OF ALL DUST,LATENCE,OR OTHER SURFACE CONTAMINANTS. 4) ALL EXPOSED STEEL REINFORCEMENT(IF ANY)MUST BE CLEANED(SAND BLASTED) � AND EXPOSED 100%OF ITS CIRCUMFERENCE(U.O.N.).ONCE CLEANED,AND PRIOR TO THE REPAIR APPLICATION, THE EXPOSED METAL SHOULD BE COATED WITH BONDING AND ANTI-CORROSION AGENT WHERE BARS HAVE LESS THAN ONE AND ONE-HALF (1-1/2) IlVCHES OF COVER, AND ARE NOT PROTECTED BY A � WATERPROOF MEMBRANE. (DO NOT COAT BARS WHERE A CATHODIC PROTECTION SYSTEM IS INSTALLED.) 5) DAMPEN CONCRETE SURFACE TO BE REPAIRED WITH CLEAN WATER (SSD), BUT � MAKE SURE THERE IS NO STANDING WATER. 6) ALL CONCRETE SURFACES SHOULD BE PRIMED WITH A SLURRY(FROM SELECTED REPAIR MATERIAL), AND SCRUBBED 1NT0 THE SUBSTRATE. (REFER TO ' MANUFACTURER'S SPECIFICATIONS.) 7) DO NOT FEATHER EDGE REPAIR MATERIALS. SAW CUT AND CHIP BACK REPAII2 AREA,TO INSURE A MINIMUM 1/2" MATERIAL THICKNESSAT EDGE OF REPAIR AREA. ' H. MATERIAL SELECTION 1) SELECT THE APPROPRIATE PATCH MATERIAL AND METHOD BASED ON THE 1 CRITERIA ESTABLISHED IN THE DETAILS AND/OR SPECIFICATIONS. 2) PROVIDE 1/4"TO 1/2"AGGREGATE IN REPAIR AREAS WHEN THE DEPTH OF THE REPAIR EXCEEDS 1". TYPE,SIZE,AND QUANTTTY OF THE AGGREGATE SHALL BE ' IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS. 3) FOR1v1ED AND POURED PATCHES ARE PREFERRED BUT 1N SOME 1NSTANCES TROWELED PATCHES MAY BE ADVISABLE FOR SPECIFIC CONDITIONS. CONFER WITH THE ENGINEER. , 4) 1NSTALL ALL MATERIALS IN STRICT COMPLIANCE WITH THE MANUFACTURER'S RECOMIvIENDATIONS. CONCRETE TO CONCRETE BONDING COMPOUNDS ARE TO BE USED ONLY WHERE SPECIFICALLY SHOWN ON THE DETAILS OR APPROVED BY THE � ENGINEER. I. REPAIR MATERIALS(STO,MASTER BUILDERS,OR APPROVED EQUAL) ' 1) FLEXIBLE CRACK FILLER: STO CR216,OR SONOLASTIC 150. 2) BONDING AND ANTI-CORROSION AGENT: STO CR246,OR EMACO P22. 3) REPAIR MESH:STO CR218,OR EQUAL(FOR HORIZONTAL MEMBRANE REINFORCING.) 4) EPDXY BINDER: STO CR633,STO CR641,OR CONCRESIVE LVI,CONCRESIVE 1380. � S) QUICK SET EPDXY GEL: STO CR634,OR CONCRESIVE PASTE(SPL}. 6) EPDXY GROUT. STO CR639,OR MASTER FLOW MP GROUT. 7) TROWEL GRADE MORTAR: STO CR701 OR EMACO 300/EMACO 310 CI. ' 8) OVERHEAD MORTAR: STO 702,STO 740,OR EMACO S88 CI,EMACO R350 CI,BASF HB2. 9) FULL DEPTH REPAIR MORTAR: STO CR311, OR EMACO S88 CI FOR STRUCTURAL -15- � ' ' ICOLUMN REPAIRS,OR AS OTHERWISE DIRECTED BY ENGINEER. 10) FLOWABLE MORTAR: BASF LA40,OR BASF LA REPAIR MORTAR,FOR ALL PUMP , APPLICATIONS. 11) THIN OVERLAY: STO CR700/CR701,OR MASTERFILL#R300/R310. 12) NON-SHRINK GROUT: STO CR732,OR SET GROUT. 1 13) EXPANSIVE GROUT: L&M PREMIER GROUT,MASTER FLOW#928. 14) REPAIR GROUT: EMACO T430. 15) EVAPORATION REDUCER: CONFILM BY MBT,OR EQUAL. 16) PROVIDE OTHER MATERIALS,NOT SPECIFICALLY DESCRIBED BUT REQUIRED FOR A � COMPLETE AND PROPER INSTALLATION, AS SELECTED BY 'THE CONTRACTOR SUBJECT TO THE APPROVAL OF THE ENGINEER. , J. SUPPLEMENTAL ANCHORS 1) INSTALL STAINLESS STEEL ANCHORS AND RODS AS SHOWN ON DETAILS OR AS DIRECTED BY THE ENGINEER. KEEP SUBSTRATE SURFACE CLEAN AND FREE OF ' EPDXY. THOROUGHLY CLEAN OFF ALL EPDXY RESIDUE FROM THE SUBSTRATE. AVOID PLACING 'THE ANCHORS OR RODS IN CONTACT WITH TI� REINFORCING STEEL WITHIN THE EXCAVATION. IF CONTACT IS MADE, COAT THE COMMON � SURFACES WITH ANTI-CORROSION AGENT. K. PLACING CONCRETE REPAIR MATERIALS: 1) INSTALL REPAIR MATERIALS IN ACCORDANCE WITH ICRI GUIDELINE#03731, AND ' THE MANUFACTURER'S REQUIREMENTS 1N A CONTINUOUS OPERATION, WITHIN LIMITS OF TI-�REPAIR AREAS,UNTIL THE PLACING IS COMPLETED. 2) BRING SURFACES TO THE CORRECT LEVEL WITH A STRAIGHT EDGE, AND THEN � STRIKE OFF. 3) USE FLOATS TO SMOOTH THE SURFACE,LEAVING THE SURFACE FREE FROM BUMPS AND HOLLOWS_ � 4) PROVIDE MASTER BUILDER'S CONFILM AS REQUIRED TO REDUCE SURFACE MOISTURE EVAPORATION AND RESULTANT PLASTIC SHRINKAGE. APPLY EVAPORATION REDUCER IN ACCORDANCE WITH MANUFACTURER'S REQUIREMENTS. , 5) DO NOT SPRINKLE WATER ON TI�PLASTIC SURFACE. 6) CURE REPAIRED AREA IN ACCORDANCE WITH ACI 308,"STANDARD PRACT7CE FOR CURING CONCRETE", BY MOISTURE CURE, COVER WITH SHEET MATERIALS , CONFORMING TO ASTM C 171,OR WATER BASED CURING COMPOUND PER ASTM C309. NOTE: ALWAYS VERIFY COMPATIBILITY OF CURING COMPOUNDS WITH FINISH SURFACE MATERIALS. , L. CRACK REPAIRS 1) CONCRETE-ROUT AND CLEAN WITH COMPRESSED AIR: REPAIR WITH STO-EPDXY GEL OR STO CR633 EPDXY BINDER BY GRAVITY FEED, AS APPLICABLE. CONSULT ' ENGINEER AS REQUIRED. 2) CRACK INJECTION-AS DIRECTED BY ENGINEER. (REFER TO SECTION III.B.BELOW. 3) NON-STRUCTURAL CONCRETE - HAIRLINE CRACKS LESS THAN 1/32": CLEAN � SURFACE AND CLEAN JOINT WITH COMPRESSED AIR. APPLY ACURON 2000 OVER JO1NT(SATURATE}PRIOR TO APPLYING SURFACE COATING. ' M. GALVANIC ANODES 1) MATERIALS-GALVASHIELD XP2(AND CC ANODES WHERE SPECIFIED)ANODES AS DISTRIBUTED BY VECTOR CORROSION TECHNOLOGY,WINNIPEG,CANADA. (1-204- 489-9633). � `16v ' 1 , 2) INSTALLf1TION (XP2 ANODES) - THE CONCRETE SHOULD BE REMOVED FROM AROUND AND BEHIND THE STEEL REINFORCEMENT,IN ACCORDANCE WITH GOOD ' CONCRETE REPAIR PRACTICE. THE CORR-STOPS ANODE LTNIT SHOULD BE POSITIONED AND ATTACHED TO CLEAN STEEL REINFORCEMENT USING TI� TIE WIRES AND TIGHTENED USING A SiJITABLE WIRE TWISTING TOOL SO NO FREE ' MOVEMENT IS POSSIBLE, THUS ASSiJRING GOOD ELECTRICAL CONTINLiITY. (PROVIDE 1-1/2" CONCRETE COVER.) THE CONTINUITY BETWEEN TI� ANODE TIE WIRES AND THE CLEANED REINFORCING BAR SHOULD BE CONFIRMED AFTER INSTALLATION WITH AN APPROPRIATE METER. ANODE LOCATION AND SPACING ' SHALL BE AT TI�PERiMETER OF THE REPAIR AND NGT 1'-6"O/C,OR AS SPECIFIED BY THE ENGINEER. WITH THE GALVASHIELD ANODE(S)NOW 1N POSITION,THE REPAIR CAN BE COMPLETED USING THE APPROPRIATE REPAIR MATERIALS. NOTE: ' (GALVASHIELD XP2 ANODES SHOULD BE USED IN CONJUNCTION WTI'H SUITABLE CEMENTIOUS BASED, NON-POLYMER MODIFIED REPAIR MORTARS OR CONCRETE.) ' 3) INSTALLATION(CC ANODES)-TI�LOCATION AND SPACING OF THE GALVASHIELD CC ANODES SHALL BE ON A GRID PATTERN AS SPECIFIED BY THE ENGINEER. LOCATE ALL EXISTING STEEL WITHIN THE AREA DESIGNATED FOR REPAIR. LAY � OUT THE ANODE LOCATIONS AS SPECIFIED BY THE ENGINEER. DRILL 2"HOLES TO ACCOMMODATE THE ANODE INSTALLATION. INSTALL THE ELECTRICAL CONNECTIONS TO THE REINFORCING STEEL. SAW CUT THE CONCRETE FROM THE ANODE LOCATIONS AND REINFORCING STEEL CONNECTIONS. (SAW CUT TO TI� ' MONITORING JUNCTION BOX IF MONITORING IS SPECIFIED.) INSTALL THE ANODES INTO THE DRILLED HOLES AND PLACE THE WIRING IN THE SAW CUTS. COVER ANODES AND WIRING WITH COMPATIBLE REPAIR MATERIAL. � 4) CONTINUITY CHECK-REFER TO DETAIL ON PLANS. (CONTRACTOR IS TO PROVIDE THE MULTl-METER NECESSARY FOR CONTINUITY CHECKS.) N. RE-LEVELING OF THE ELEV ATED BALCONIES TO FACILITATE A POSITIVE DR.AINAGE SLOPE � S�3ALL BE ONLY AS SPECIFICALLY IDENTIFIED HEREIN (OR) AS DIRECTED BY THE ENGINEER. O. REMEDIAL WORK � 1) REPATR OR REPLACE DEFICIENT WORK AS DIRECTED BY THE ENGINEER AND AT NO ADDITIONAL COST TO THE OWNER. ' P. PAY Qi1ANTITY 1) UPON COMPLETION OF THE WORK,THE CONTRACTOR SHALL VERIFY THE ACTIIAL ' QUANTITY OF UNIT PWCE CONCRETE REPAIRS BY MEASiJREMENT(OR)MATERIAL BAG COUNT,AS APPLICABLE. 2) SUBJECT TO ENGINEER OR OWNER REPRESENTATIVE CONFIRMATION, THE CONTRACTOR WILL BE PAID FOR QUANTITIES VERiFIED. � III.B. EPDXY AND URETHANE INJECTION A. GENERAL REQUIREMENTS � 1) FURNISH ALL LABOR, MATERIALS, TOOLS AND EQUIPMENT, AND PERFORM ALL OPERATIONS NECESSARY FOR THE CRACK INJECTION WORK. 2) THE INSTALLATION OF PORTS AND THE INJECTION OF SPECIFIED MATERIALS SHALL � PROCEED AS INDICATED IN THE SEQUENCE OF WORK. 3) DESIGNATED CRACKS TO BE INJECTED FULL LENGTH OF THE CRACKS. _�� � ' , � ' 4) SPECIFIED MATERIALS WILL BE INJECTED LTNDER SUCH PRESSURE SO AS NOT TO DAMAGE TI�EXISTING STRUCTURE_ B. MATERIALS � 1) ALL MATERIALS SHALL BE DELIVERED TO THE SITE IN UNDAMAGED,UNOPENED CONTAINERS BEARING THE MANUFACTURER'S ORIGINAL LABELS. MATERIALS SHALL BE NON-FLAMMABLE AND NON-TOXIC ' 2) CAP SEAL-SIKADUR 31 BY SIKA CORPORATION,OR APPROVED EQUAL(AT EPDXY FILLED CRACKS). 3) WHERE SPECIFIED BY THE ENGINEER, THE SEALING MATERIALS S�IALL BE A ' POLYURETNANE GROUT AND ACCELERATOR SYSTEM MARKETED UNDER THE NAMES OF HYDRO-ACTIVE GROUT WITH ACCELERATOR HYDRO-ACTIVE CAT SUPPLIED BY DE NEEF CONSTRUCTION CHEMICALS (US), 1NC. (OR APPROVED EQUAL). ' 4) WI-�RE SPECIFIED BY THE ENGINEER,THE EPDXY MATERIALS SHALL BE SIKADUR 35, SIKADUR 52,OR SIKADUR INJECTION GEL(OR APPROVED EQUAL). ' C. INSTALLING PORTS 1) CLEAN CONCRETE SURFACE AT CRACKS AS REQUIRED FOR PROPER INSTALLATION OF THE CAP SEAL. ' 2) PROVIDE SURFACE MOUNT OR SOCKET PORTS AS REQUIRED BY THE PROJECT CONDITIONS. SPACING OF INJECTION PORTS SUBJECT TO THE WIDTH OF THE CRACKS,BUT NO LESS THAN THICKNESS OF CONCRETE TO BE INJECTED. 3) INSTALL INJECTTON PORTS COMPATIBLE WITH THE INJECTION MATERIALS. � 4) FLUSH CRACKS AS REQUIRED BY THE MATERIALS MANUFACTURER. D. STORAGE,MIXiNG AND HANDLING � 1) STORAGE, MIXiNG AND HANDLING OF THE CHEMICAL MATERIALS AND THE ACCELERATOR,SHALL BE 1N ACCORDANCE WITH THE RECOMNIENDAT'IONS OF TI� MANUFACTURER AND ALL APPLICABLE SAFETY CODES,AND SHALL BE PERFORMED ' IN SUCH A MANNER AS TO MINIMIZE HAZARD TO PERSONNEL. E. PUMPS ]) HAND OPERATED, AIR DRIVEN OR ELECTRICAL POSITIVE DISPLACEMENT PUMPS � CAN BE USED. ONE TO FIVE GALLONS PER MINUTE DELIVERY IS NORMALLY SATISFACTORY_ PUMPS MUST BE FLUSHED WITH WASHING AGENT FOR AT LEAST TWO MINUTES BEFORE AND AFTER THE GROUTING OPERATION. , F. QUALITY CONTROL 1) CONTRACTOR TO PROVIDE MOCK-UP OF TYPICAL CRACK INJECTION FOR ENGINEER � REVIEW BEFORE PROCEEDING WITH THE WORK. 2) EPDXY INJECTION PROCEDURES SUBJECT TO ICRI GUIDELINE#03734. 3) CORE SAMPLES SHALL BE TAKEN AS NOTED BELOW. � G. PROCEDURES 1) INSTALL CAP SEAL(]" WIDE X 3/16"THICK,PROX.)AT EPDXY FILLED CRACKS. 2) INJECT SPECIFIED MATERIALS PER MANUFACTURER'S REQUIREMENTS UNDER � SUFFICIENT PRESSURE AND FOR THE LENGTH OF TIME NECESSARY TO FILL ALL VOIDS. 3) CORES (2" IN DIAMETER) SHALL BE TAKEN TO CONFIRM THE RESULTS OF THE � _18_ ' ' � INJECTION(PER LOCATIONS DESIGNATED BY ENGINEER). a) THREE(3)PER FIRST 100 LF. ' b) ONE PER 150 LF,THEREAFTER. c) PATCH CORE HOLES WITH REPAIR GROUT. 4) PATCH CORE HOLES WITH REPAIR GROUT. CRACKS FOUND NOT TO BE FULLY � 1NJECTED(PER CORE SAMPLES)SHALL BE RE-INJECTED,AND SUBSEQUENTLY RE- CORED. 5) REMOVE INJECTION PORTS AND EXCESS RESIN ON SURFACE OF CONCRETE (BY � GRINDING). � H. PAYMENT 1) THE OWNER WILL PAY THE CONTRACTOR A UNIT PRICE FOR EACH LINEAL FOOT OF CRACK 1NJECTED OR GRAVITY FED,AS APPLICABLE. � 2) THE UNIT PRICE SHALL INCLUDE THE COST OF THE SAMPLE CORES,AND PATCHIlVG OF SAME. III.C. CORROSION INHIBITOR ' A. SUMMARY 1) FURNISH ALL LABOR, MATEWALS,EQUIPMENT AND INCIDENTALS REQUIRED TO ' PROVIDE TOPICAL COR.ROSION 1NHIBITOR WHERE SHOWN ON THE DRAWINGS AND/OR AS SPECIFIED HEREIN, AND AS NEEDED FOR A COMPLETE AND PROPER 1NSTALLATION. 2) CORROSION INHIBITOR SHALL BE PROVIDED AT LOCATIONS SHOWN ON THE , DRAWINGS, OR AS SPECIFIED HEREIN. B_ REFERE]VCE STANDARDS � 1) WATER SOLUBLE CHLORIDE ION CONTENT SAMPLING AND TESTING IN AGED CONCRETE SHALL CONFORM TO THE PROCEDURES IN AASHTO T 260. 2) ADHESION(BOND)TEST FOR PRODUCT SHALL CONFORM TO ASTM D-4541. � C. QUALITY ASSURANCE 1) USE ADEQUATE NUNIBERS OF SKILLED WORKMEN WHO ARE THOROUGHI,Y TRAINED AND EXPERIENCED IN THE NECESSARY CRAFTS AND WHO ARE COMPLETELY � FAMILIAR WITH THE SPECIFIED REQUIREMENTS AND Tf�METHODS NEEDED FOR PROPER PERFORMANCE OF THE WORK OF THIS SECTION. 2) USE A CERTIFIED APPLICATOR CURRENTLY APPROVED IN WRITING BY TI� � PRODUCT MANUFACTURER. 3) COOPERATE AS REQUIRED 1N PERFORMANCE OF THE SPECIFIED TESTING AND INSPECTING. , 4) APPLICATION OF PRODUCT SHALL CONFORM TO MANUFACT[JRERS WRITTEN SPECIFICATIONS. 5) TI�ENGINEER WILL SELECT AN AREA FOR TESTING PRODUCT APPLICATION AND OBSERVING APPLICATOR PROCEDURES FOR CONFORMANCE WITH THIS SECTION � AND'TI�MANUFACTURERS SPECIFICATIONS BEFORE THE WORK CAN PROCEED. D_ WARRANTY REQUIREMENTS � 1) MANUFACTURER WARRANTS THAT IF ANY GOODS SUPPLIED PROVE DEFECTIVE IN WORKMANSHIP OR MATERIAL,THAT MANUFACTURER SHALL REPLACE THEM. 2) MANUFACTURER SHALL PROVIDE STANDARD WARRANTY IN WRITING REGARDING � FUTURE CORROSION OF REINFORCING STEEL IN TREATED AREAS FOR FNE (5) YEARS. -19- � ' � ' , E. MATERIALS 1) WHERE INDICATED ON THE DRAWINGS, AND/OR WHERE SPECIFIED HEREIN FOR CORROSION REDUCTION,PROVIDE THE PRODUCTS IDENTIFIED HEREIN. , 2) APPROVED MANUFACTURER'S MATERIALS: a) PROTECTOSIL-CIT � F. SURFACE CONDITIONS 1) USE A TRACK BLASTING OR WATERBLASTING(3000 PSI OR GRIND FOLLOWED BY l 500 PSn PROCESS TO REMOVE ANY PREVIOUS TREA1'MENTS,ADHESIVES,ETC.,WITH ' HIGH PRESSURE WATER BLASTING BEING THE PREFERRED METHOD. REFER TO CONCRETE REPAIR SECTION WHERE REQiJIRED FOR STEEL CORROSION REPAIR, CRACK PREPARATION,CONCRETE EXCAVATION, AND REPLACEMENT_ 2) SURFACE,AIR AND MATERIAL SHALL NOT BE LOWER THAN 40°F WITHIN 12 HOURS. , 3) WEATHER SHOULD BE CLEAR, WITH MODERATE BREEZE. THERE SHALL BE NO PRECIPITATION DURING APPLICATION OR EXPECTED FOR 4 HOiJRS FOLLOWING. 4) T'HE CONTRACTOR SHALL PROVIDE PROTECTION FOR ANY GLASS OR ALUMIl�TUM TO � AVOID OVER SPRAY. IN EVENT OVER SPRAYING OCCURS,REMOVE SPII.,L PROMPTLY WITH WATER TO GUARD AGAINST POTENTIAL ETCHING GLASS AND/OR DULLING OF ALUMINUM. , 5) THE CONTRACTOR SHALL EXAMINE THE AREAS AND CONDITIONS UNDER WHICH WORK OF THIS SECTION WILL BE PERFORMED FOR CONFORMANCE WITH THE MANUFACTURERS SPECIFICATIONS. CORRECT CONDITIONS DETRIMENTAL TO TIMELY AND PROPER COMPLETION OF THE WORK. DO NOT PROCEED UNTIL � UNSATISFACTORY CONDITIONS ARE CORRECTED. 6) ENGINEER SHALL BE CONTACTED 48 HOURS PRIOR TO APPLICATIONTO CONDUCT RANDOM WATER PERMEABILITY TEST AS REQUIRED OVER THE WORK AREA TO � VERIFY SURFACE PREPARATION. DO NOT PROCEED UNTIL SURFACE PREPARATION IS APPROVED. 1 G. APPLICATIONS: 1) PREPARE ALL CONCRETE SURFACES AS DESCRIBED ABOVE. 2) FIAVE MANUFACTURER'S TECHNICAL REPRESENTATIVE INSPECT, TEST, AND � APPROVE SURFACE BEFORE APPLYING PRODUCT. 3) 1NSTALL PRODUCTS IN STRICT ACCORDANCE WITH MANUFACTURING REQUIREMENTS. APPLY 3-4 COATS FROM THE BOTTOM UP WITH DRY TIME BETWEEN COATS. EACH COAT SHOULD BE APPLIED AT 300-400 SQ.FT.PER GALLON, � SUBJECT TO THE POROSITY OF THE CONCRETE. 4) ALLOW A M]NIMUM OF 48 HOURS PRIOR TO APPLICATION OF ANY FINISH OR AS REQUIRED BY TOPICAL MANUFACTURER. ' 6) PRE/POST APPLICATION TESTS a) CONTRACTOR TO PROVIDE THE SERVICES OF A TEST LAB TO MEASURE THE AMOUNT OF CORROSION REDUCTION AFTER APPLICATION OF THE ' CORROSION INHIBITOR SYSTEM. b) PROCEDURE:LINEAR POLARIZATION. c) TAKE SAMPLES(3 TOTAL)AS SELECTED BY ENGINEER EACH SAMPLE SHAI.L 1NCLUDE A"PRE"AND"POST"SAMPLE FOR T'ESTING OF CORROSION LEVELS. � d) PROVIDE WRITTEN RESULTS FROM THE TEST LAB. ' e) SUBJECT TO RESULTS,REAPPLY CORROSION INHIBITOR AS REQUIRED � '20� , ' � IV. MASONRY - NOT USED , V. STRUCTURAL STEEL-NOT USED VI. CARPENTRY-NOT USED ' VII. DECK COATING-NOT USED � VIII. EXTERIOR LIMESTONE FINISHES A. ONE-COAT LIMESTONE EXTERIOR WALL FINISHES. B. RELATED SECTIONS: , 1) DIVISION O1: ADMINISTRATIVE, PROCEDURAL, AND TEMPORARY WORK REQUIREMENT. � 2) SECTION III: CONCRETE REPAIR. C. REFERENCES: � 1) ASTM INTERNATIONAL(ASTM): a. B 117-STANDARD PRACTICE FOR OPERATING SALT SPRAY(FOG)APPARATUS. b. C39/C39M - STANDARD TEST METHOD FOR COMPRESSIVE STRENGTH OF CYLINDRICAL CONCRETE SPECIMENS_ � c. C136-STANDARD TEST METHOD FOR SIEVE ANALYSIS OF FINE AND COARSE AGGREGATES. d. C348-STANDARD TEST METHOD FOR FLEXURAL STRENGTH OF HYDRAULIG , CEMENT MORTARS. e. C926-STANDARD SPECIFICATION FOR APPLICATION OF PORTLAND CEMENT BASED PLASTER. � f. C979-STANDARD SPECTFICATION FOR PIGMENTS FOR IN'TEGRALLY COLORED CONCRETE. g_ C1506 - STANDARD TEST METHOD FOR WATER RETENTION OF HYDRAULIC CEMENT-BASED MORTARS AND PLASTERS. ' h_ C932 - STANDARD SPECIFICATION FOR SURFACE-APPLIED BONDING COMPOUNDS FOR EXTERIOR PLASTERING. i. D4258 -STANDARD PRACTICE FOR SURFACE CLEANING CONCRETE FOR � COATING. j. D4259-STANDARD PRACTICE FOR ABRADING CONCRETE. k. D4260 - STANDARD PRACTICE FOR LIQUID AND GELLED ACID ETCHING OF , CONCRETE. 1. D4261 - STANDARD PRACTICE FOR SURFACE CLEANING CONCRETE L1NIT MASONRY FOR COATING. m. D6904- STANDARD PRACTICE FOR RESISTANCE TO W1NI�DRIVEN RAIN FOR � EXTERIOR COATINGS APPLIED ON MASONRY. n. E84- STANDARD TEST METHOD FOR SURFACE BURNING CHARACTERISTICS OF BUILDING MATERIALS. � o. E96B96M-STANDARD TEST METHODS FOR WATER VAPOR TRANSMISSION OF MATERIALS. p. G154 - STANDARD PRACTICE FOR OPERATING FLUORESCENT LIGHT � �21 ' � ' � ' , APPARATUS FOR UV EXPOSURE OF NONMETALLIC MATERIALS. D. SUBMITTALS: 1) PRODUCT DATA_ MANUFACTURER'S DESCRIPTIVE DATA, MIXING PROCEDURES, , APPLICATION INSTRUCTIONS,AND PRECAUTIONS AND LIMITATIONS IN PRODUCT USE. 2) SHOP DRAWINGS: SHOW LOCATIONS AND 1NSTALLATION OF CONTROL AND ' EXPANSION JOINTS INCLUDING PLANS, ELEVATIONS SECTIONS DETAILS OF COMPONENTS,AND ATTACHMENTS TO OTHER WORK. 3) SAMPLES FOR INITIAL SELECTION: � a. SUBMIT STANDARD COLOR CHART. b. SUBMIT STANDARD TEXTURE CHART. E. QUALITY ASSURANCE: , 1) MANUFACTURER QUALIFICATIONS: MINIMUM 20 YEARS EXI'ERIENCE IN MANUFACTURER OF SPECIFIED PRODUCTS. 2) APPLICATOR QUALIFICATIONS: � a. MINIMiJM FIVE (5) YEARS (DOCUMENTED) EXPERIENCE IN WORK OF THIS SECTION. b. EMPLOY APPLICATORS EXPEWENCED IN EXTERIOR PLASTER APPLICATIONS � AND/OR FAMILIAR WITH SPECIFIED PRODUCTS. 3) MOCKUP: a. APPLY FINISH SYSTEM TO MINIMUM OF ONE (1) COLUNIN OF ACTUAL SUBSTRATE. i b. SHOW COLOR AND SURFACE TEXTURE. c. LOCATE(WHERE DIRECTED). d. APPROVED MOCKUP MAY REMAIN AS PART OF THE WORK. � 4) PRE-INSTALLATION CONFERENCE: a. CONVENE AT SITE TWO (2) WEEKS PRIOR TO BEGINNING WORK OF THIS SECTION. ' b. ATTENDANCE: ENGINEER, CONTRACTOR, FINISH APPLICATOR, AND MANUAFACTURER'S REPRESENTATIVE. c. REVIEW AND DISCUSS CONTRACT DOCUMENTS, FINISH SYSTEM MANUFACTURER'S LITERATURE,PROJECT CONDITIONS,SCHEDULING,AND � OTHER MATTERS AFFECTING APPLICATION. d. TOUR REPRESENTATIVE AREAS OF SUBSTRATES; DISCUSS SUBSTRATE CONSTRUCTION, RELATED WORK, WORK CONDITIONS, AND MATERIALS , COMPATIBILITY. F. DELIVERY, STORAGE AND HANDLING: ' 1) STORE MATERIALS UNDER COVER, DRY, AND PROTECTED FROM TEMPERATURE EXTREMES AND CONTAMINATION. , G. PROTECT CONDITIONS: 1) ENVIRONMENTAL REQUIREMENTS: a. DO NOT APPLY FINISHES AT TEMPERATURES BELOW 40 DEGREES F OR ABOVE 85 DEGREES F. b. AMBIENT TEMPERATURES BELOW 40 DEGREES F: PROVIDE TEMPORARY SHEET COVERINGS AND SUPPLEMENTAL HEAT ARE PROVIDED TO PREVENT FREEZING OF FINISH. , _22_ � � � c. PROTECT APPLIED FINISHES FROM DIRECT SUN,WINDS ABOVE 5 MPH,DUST, DIRT, FROST, AND PRECIPITATION FOR 48 HOURS AFTER APPLICATION_ ' PROVIDE SCREENING FOR SURFACES BY USE OF SMALL-SIZED MESH,TARPS, OR PLASTIC SHEETING. d. DO NOT APPLY FINISHES DURING HEAVY OR EXTENDED RAIN OR TO ' SA'T[JRATED OR FROZEN SURFACES. H. WARRANTIES: ' 1) PROVIDE MANUFACTURER'S 20 YEAR WARRANTY AGAINST DEFECTIVE MATERIALS. I. MANUFACTURERS: 1) CONTRACT DOCUMENTS ARE BASED ON PRODUCTS MANUFACTURED BY CHAUX ET �� E]vDUITS de SAINT-ASTIER AND DISTRIBUTED BY SOUTHWEST PROGRESSNE PRODUCTS, 10920 ALDER CIRCLE, DALLAS, TEXAS 75238, 800-780-7731 EXT. 140, WWW.SWPROGRESSNE.COM. FLORIDA OFFICE; GLENN McFARLAND (407-857-7113 ' EXT. 140),EMAIL:GLENNM(a�THERMOCROMEX.COM/WWW.THERMOCROMEX.COM. 2) SUBSTITUTIONS: (iJNDER PROVISTONS OF DIVISION O1.) (NOT PERMITTED.) J. MATERIALS: � 1) EXTERIOR LIMESTONE FINISH: a. SOURCE: THERMOCROMEX. b. TYPE: ONE-COAT EXTERIOR LIMESTONE FI1vISH BASED ON NATURAL , HYDRAULIC LIME. c. CHARACTERISTICS: • GRANULO1ViETRY: 0.8 TO 4.0 NIM,T'ESTED TO ASTM C136. � � COMPRESSNE STRENGTH:650 PSI AVERAGE,TESTED TO ASTM C39 AT 28 DAYS. • FLEXURAL STRENGTH:2.0 TO 2.5 N/SQ MM,TESTED TO ASTM C348 AT 28 DAYS. � • WATER RETENTION:94 PERCENT PLUS OR MINUS 2 PERCENT,TESTED TO ASTM C1506 ON PASTE. � WATER VAPOR TRANSMISSION RA,TE: 36.1 GRAlNS/SQUARE ' FOOT/HOUR,TESTED TO ASTM E96/E96M. • PERNIEANCE: 839 GRAINS/SQUARE FOOT/HOUR/INCH Hg. • W1ND DRIVEN RAIN RESISTANCE:0.7 OUNCES WEIGHT GAIN,TESTED � TO ASTM D6904. • SALT FOG EXPOSURE: NO SIGNIFICANT CHANGE AFTER 300 HOURS, TESTED TO ASTM B117. � - ACCELERATED WEATHERING;T`ESTED TO ASTM G 154. 1) VISUAL COLOR CHANGE:NONE,AFTER 500 HOURS. 2) 60 DEGREE GLOSS CHANGE: 3 GLOSS UNITS AFTER 500 HOURS. 3) BLISTERING:NONE. � 4) CHALKING:N�NE 5) CHECKING:NONE. 6) CRACKING:NONE. � 7) OTHER:NONE. • THERMAL CONDUCTNITY:0.54 W/NI.K,TESTED TO CEN EN I745. • FLAME SPREAD/SMOKE DEVELOPED:CLASS A,TESTED TO ASTM E84. � � VOLATILE ORGANIC COMPOUND(VOC)CONTENT: 0 -2�- � � ' � � K. ACCESSORIES: 1) COLORING ADMIXTURE:ASTM C979 CO�.OR(TO MATCH EXISTING COLOR). 2) BONDING AGENT: WELD-CRETE. (SEE EXHIBIT#5.) 3) WATER: CLEAN AND POTABLE. , L. MIXES: 1) MIX MATERIALS IN ACCORDANCE WITH MANUFACTURER'S INSTRUCTIONS USING ' MECHANICAL MIXING EQUIPMENT. 2) ADDWATERTOPREMIXEDBAGGEDMATERIALATRATEOFI-1/4T01-I/2GALLONS PER BAG UNTIL DESIRED CONSISTENCE IS ACHIEVED. USE SAME AMOUNT OF 1 WATER PER BAG FOR SUBSEQUENT BATCHES. 3) ADD COLORING ADMIXTURE lN ACCORDANCE W1TH MANUFACTURER=S 1NSTRUCTION;COLOR TO MATCH APPROVED SAMPLES. 4) CONTINUE MIXING FOR 6 TO 7 MINUTES TOTAL. � 5) CLEAN MIXER THOROUGHLY AT END OF EACH WORK DAY, WHEN WORK IS SUSPENDED FOR AN EXTENDED PERIOD,AND WHEN CHANGING COLORS. 6) DISCARD MIXES NOT USED WITHIN 60 MINUTES AFTER MIXING_ , 7) QUALITY CONTROL PROGRAM(QSP): a. PERFORM SLUMP AND WEIGNT DENSITY TESTS ON ALTERNATING BATCHES USING MATERIAL DISCHARGED DIRECTLY FROM MIXER AND BEFORE � APPLICATION ON WALL. b. RECORD RESULTS OF EACH BATCH USING FORM PROVIDED BY MANUFACTURER. c. RECORD LOCATION OF EACH BATCH NUMBER ON COPY OF EXTERIOR � BUILDING ELEVATIONS. d. ENSURE CONSISTENT COMPLIANCE WITH MANUFACTURER=S SLUMP AND WEIGHT DENSITY REQUIREMENTS. , e. DISCARD BATCHES NOT COMPLYING WITH SLUMP AND DENSITY WEIGHT REQUIREMENTS AND ADJUST SUBSEQUENT MIXES AS REQUIRED. f. IF BATCHES FAIL TO MEET REQUIRED SLUMP AND WEIGHT REQUTREMENTS, , REMOVE APPLIED FINISHES BACK TO LAST VERIFIABLE PO1NT AT NO ADDITIONAL COST TO OWNER. g. OWNER OR ENGINEER MAY REQUEST ADDITIONAL TESTING AT ANY TIME 1 DURING MIXING. M. PREPARATION: ]) CLEAN SURFACES OF LOOSE AND FOREIGN MATTER THAT COULD INTERFERE WITH 1 ADHESION OF FINISH,INCLUDING DUST,PAINT,SALTS,OII.,S,AND ORGANIC MATTER. 2) CONCRETE SUBSTRATES: a. CLEAN SURFACES USING ASTM D4258,D4259,OR D4260 METHODS. i b. COMPLETELY REMOVE FORM OILS AND BOND BREAKERS. c. ON ALL SURFACES APPLY BONDING AGENT IN ACCORDANCE WITH MANUFACTURER'S INSTRUCTIONS AT NO GREATER THAN 48 HOURS � BEFORE APPLICATION OF THE LIMESTONE FINISH, (OR) SANDBLAST FINISH TO INTERNATIONAL CONCRETE REPAIIt INSTITUTE(ICRn CPS#6 FINISH. 3) DAMPEN SURFACES WHEN REQUIRED TO PREVENT EXCESS SUCTION DUE TO ' POROSITY OF SUBSTRATE OR CLIMATIC CONDITIONS. LIGHTLY WET SURFACES BUT DO NOT SATURATE. � �24 ' � � N. APPLICATION: 1) APPLY FINISH IN ACCORDANCE WT'TH MANUFACTURER'S INSTRUCTIONS.ALLOW � TEN DAYS CURING T1ME FOR CONCRETE REPAIIt MATERIAL BEFORE APPLICATION OF THE LIMESTONE FINISH. 2) APPLY FINISH TO MINIMi.JM(3/8) INCH THICKNESS. (WHEN OVERALL THICKNESS � EXCEEDS 3/4 INCH, APPLY SECOND COAT 48 HOURS AFTER FIRST COAT. DO NOT EXCEED 1-1/2 INCH OVERALL THICKNESS). MEASURE DEPTH USING DEPTH USING DEPTH GAGE OR EQUIVALENT;ENSURE CONSISTENT THICKNESS. , 3) APPLY FINISH TO MATCH EXISTING SENECA PATTERN TH-75 (BASE COLOR)/TH-29 (MICRONIZED TOP COLOR). 4) FINISH SURFACES TRUE TO PLANE,PLUMB AND WITH MEAT,SHARP CORNERS AND INTERSECTIONS. � 5) WORK IN PANELS TO NEAREST NATURAL BREAK FORMED BY INTERSECTIONS, CORNERS,TRIM,AND ACCESSORIES. 6} NOT ACCEPTABLE: L1NES CAUSED BY VARIATIONS IN APPLICATION OR FINISHING � TECHNIQUES,COLD JOINTS,AND OTHER SURFACE DEFECTS VISIBLE VVHEN VIEWED FROM A DISTANCE OF 10 FEET. 7) CURE APPLIED FINISHES WITH LIGHT WATER MIST 3 TO 4 TIMES DAILY FOR 2 TO 3 � DAYS AFTER APPLICATION. PREVENT UNEVEN AND EXCESSIVE EVAPORATION FROM SURFACES. 8) 1NSTALLATION TOLERANCE: a. SURFACE TOLERANCE: MAXIMUM 1/8 INCH IN 10 FEET VARIATION FROM � SURFACE FLATNESS. O. FIELD QUALITY CONTROL: � 1) IF CURRENT PROJECT IS APPLICATOR'S FIIZST APPLICATION OF SPECIFIED PRODUCT, MANUFACTURER OF FINISH TO PROVIDE ON-SITE APPLICATOR 1'RAINING FOR NIINIMUM OF ONE DAY, INCLUDING REVIEW OF MANUFACTURER'S APPLICATION ' INSTRUCTIONS,EQUIPMENT,APPLICATION PROCEDURES,ANDCURING. P: ADNSTING: 1) REPAIR OR REPLACE DAMAGED,DISCOLORED,AND DEFECTNE FINISHES. � 2) MATCH PATCHED AREAS TO ADJACENT SURFACES. Q. CLEANING: 1) REMOVE FINISH FROM ADJACENT AND UNDERLYING SURFACES BEFORE IT SETS. � IX.A. PATNTING-(REPAII2 AREAS ONLI� A. SCOPE OF WORK � 1) WORK IN GENERALINCLUDES SURFACE PREPARATION,SURFACE REPAIR,PATCHING AND APPLICATION OF THE PAINT COATING TO TIIE SUBSTRATES AND SYSTEMS OUTLINED IN THIS SPECIFICATION,AND AS REQUIRED BY THE MANLTFACTURER. � 2) BASE BID: WORK INCLUDES PAINTING OF ALL PAINTED SURFACES DISTURBED DURING THE WORK. 3) TOUCH UP ALL WORK UPON COMPLETION. � 4) REMOVE ALL DEBRIS FROM PAINTING WORK FROM TI�SITE,AND LEAVE THE SITE IN A CLEAN AND WORKMANLIKE CONDITION. 5) ALL MATERIALS SHALL BE AS MANUFACTURED OR DISTRIBUTED BY PORTER PAINT ' (OR APPROVED EQUAL), AND DELIVERED ON THE JOB IN ORIGINAL, SEALED CONTAINERS. 25 � � � � � B. STORAGE AND USE OF PREMISES 1) TI-� PAINTING CONTRACTOR SHALL CONFINE HIS APPARATUS, MATERIALS STORAGE AND OPERATIONS OF HIS WORKMEN TO LIMITS 1NDICATED BY PROJECT ' REPRESENTATIVE. ALL MATERIALS USED ON THE JOB SHALL BE STORED IN A SINGLE PLACE DESIGNATED BY THE PROJECT REPRESENTATNE. SUCH STORAGE SHALL BE KEPT CLEAN AND PAINTING CONTRACTOR SHALL BE LIABLE FOR ' DAMAGE TO SURROUNDING AREAS. 2) 1NFLAMMABLE MATERIAL AND/OR FIRE HAZARD WASTE SHAI.L BE STORED, HANDLED AND USED 1N AN APPROVED MANNER AND SHALL BE REMOVED FROM � THE SITE DAILY. C. WORKMANSHIP AND APPLICATION CONDITION , 1) PAINT ONLY IN DRY WEATHER WHEN TEMPERATURE IS 50 DEGREES FAHRENHEIT OR HIGHER. STOP EXTERIOR WORK EARLY TO PERMIT PAINT FILM TO SET UP BEFORE CONDENSATION CAUSED BY NIGHT TEMPERATURE DROPS OCCUR. DO NOT BEGIN PAINTING UNTIL SURFACES ARE MOISTURE FREE. , 2) PRIMERS AND PAINTS TO BE APPLIED BY BRUSH AND ROLL APPLICATION ONLY ON ALL EXTERIOR SURFACES. 3) DO NOT VARNISH OR ENAMEL 1N DIRECT SUNLIGHT. � 4) KEEP PAINT AT ROOM TEMPERATURE. 5) SWEEP DUST,D1RT AND DEBRIS AWAY BEFORE PAINTING. 6) EXECUTE WORK 1N ACCORDANCE WITH LABEL DIRECTIONS. COATING , APPLICATIONS SHALL BE MADE IN STRICT CONFORMANCE TO THIS SPECIFICATION AND TO THE MANUFACTURER=S PA1NT 1NSTRUCTIONS ON THE LABELS AND PRODUCT DATA SHEETS. 7) PAINT ONLY DRY WOOD(LESS THAN 15%MOISTURE). CEMENTICIOUS SUBSTREITES' ' MOISTURE CONTENT MUST NOT EXCEED 25%PRIOR TO COATING APPLICATION. 8) ALL WORK SHALL BE ACCOMPLISHED BY SKILLED WORKMEN FAMILIAR W1TH AND TRAINED TO DO THIS TYPE WORK; MOREOVER, THEY SHALL BE QUALIFIED TO , OPERATE OR USE T'HE EQUIPMENT AND RIGGING NEEDED TO ACCOMPLISH THIS WORK. 9) ALL EQUIPMENT SHALL BE IN SOUND WORKING CONDITION AND MUST MEET ALL , OSHA SAFETY STANDARDS. ALL WORKMEN SHALL BE AWARE OF AND TRAINED IN 'THE OPERATION OF ALL SAFETY EQUIPMENT REQUIRED FOR THIS PROJECT. 10) MATERIALS SHALL BE APPLIED EVENLY AND FREE OF RUNS, SAGS, PINHOLES OR LAP MARKS. � 11) ONLY THE MANUFACTURER'S THINNERS MAY BE USED TO THIN THE RESPECTIVE PRODUCTS AND IN THE AMOUNTS PRESCRIBED. 12) ALL APPLICATION TOOLS AND EQUIPMENT SHALL BE 1N GOOD WORKING ORDER � AND SUITABLE FOR PROPER APPLICATION. 13) ALL SHRUBBERY,OUTSIDE WALKWAYS AND SPRINKLER SYSTEMS SHALL BE FULLY PROTECTED AGAINST DAMAGE DURING EACH STAGE OF THE PAINTING PROJECT. � 14) ALL EXTERIOR SUBSTRATES DESIGNATED NOT TO RECEIVE PAINT COATINGS SHALL BE KEPT FREE OF PAINT RESIDLTE,E.G. WINDOWS,WALKWAYS,FOLIAGE,ETC. D. SURFACE PREPARATION � 1) CLEANING AND MILDEW CONTROL a. ALL EXTERIOR SURFACES TO BE PAINTED SHALL BE PRESSURE CLEANED (2500 PSI M1N.) TO REMOVE DIRT, MILDEW, CHALKED PAINT AND ANY � _26_ � � � FOREIGN MATERIALS DETERRENT TO THE NEW FINISH. b. ALL SURFACES TO BE PAINTED SHALL BE WATERBLASTED WITH THE � FOLLOWING SOLUTION TO REMOVE MILDEW,MILDEW SPORES,AND OTf-�R SURFACE CONTAMINANTS. MIX 1 PART BLEACH TO 3 PARTS WATER-MIX THOROUGHI,Y. LET SOLUTION REMAIN ON SURFACE 15 -20 MINUTES AND � 'THEN THOROUGHLY RINSE WITH POTABLE WATER. IF DIRT REMAINS,WASH WITH A NON-SUDSING DETERGENT(I.E.SOILAX). RINSE THOROUGHI.Y WITH POTABLE WATER AND ALLOW SURFACE TO DRY BEFORE PAINTING. � c. ANY LOOSE AND SCALING PAINT NOT REMOVE� BY PRESSURE WASHING . SHALL BE REMOVED BY WIRE BRUSHING OR OTHER SUITABLE POWER TOOL CLEANING. 2) MASONRY/STUCCO SUBSTRATES � a. - PRIOR TO ANY MASONRY PATCHING ALL CRACKS SHALL BE SOUNDED OUT, CUT OUT AND SEALED WITH Z'HE SPECIFIED BONDING SEALER. b. MINOR CRACKS (HAIRLINE) 1N STUCCO, EXPOSED BLOCK, OR POLTRED � CONCRETE SHALL BE PATCHED WITH PORTER FLEX ELASTOMERIC PATCHING COMPOUND. FINISHED PATCHES SHALL BE CLOSELY MATCHED TO EXIS'TII�1G STUCCO SURFACE. NOTE: A HAIRLINE CRACK IS DEFINED AS ANY VISIBLE , CRACK NO WIDER T'HAN 1/81NCH. c. MASONRY CRACKS REPAIRED USING PORTER FLEX ELASTOMERIC PATCHING COMPOlJND SHALL RESULT IN A MINIMUIvI 1/8"BUII�D-UP OVER THE CRACKED AREAS. THESE AREAS SHALL THEN BE FEATHERED AND TEXTURED TO , MATCH ADJACENT SURFACES. d. MASONRY CRACKS OF MORE THAN 1/8 INCH IN WIDTH SHALL BE REPAIRED PER PARAGRAPH G BELOW. � e. STLICCO DELAMINATION SHOLTLD BE IDENTIFIED, REPORTED TO THE ENGINEER,AND REPAIRED PER THE STUCCO SPECIFICATIONS_ 3) FERROUS N�TAL SUBSTRATES � a. METALS SHOWING SIGNS OF RUST DEGRADATION SHALL BE POWER TOOL CLEANED PER SSPC-SP 3, TREATED WITH OSPHO AND PRiMED PER PAINT SCHEDULE UNLESS OTHERWISE SPECIFIED. 4) WOOD SUBSTRATES � a. ALLOW WOOD(P.T.,AND NON-P.T.)TO DRY SIXTY(60)DAYS BEFORE PAINT(OR UNTIL MOISTURE CONTENT IS BELOW 15%). b. PRIME WOOD SURFACE WITH PRIMER.PER PAINT SCHEDULE,U.O.N. � c. ALL RUSTY NAIL HEADS SHALL BE TREATED WITH A PHOSPHORIC ACID BASE SOLUTION. (OSPHO, OR EQUAL), COUNTER SUNK AND PUTTIED WITH DAP PAINTERS PUTTY, OR EQUAL,OR SPOT PRIMED TO PREVENT FURTI�R BLEED_ � E. CRACKS 1N EXISTING STUCCO VERTICAL WALLS MORE THAN 1/8" IN WIDTH. 1) ALL MASONRY SURFACES TO BE CLEANED AND BONDED WITH PORTER #6015 _ "1NTERLOCK" BONDING SEALER PRIOR TO PATCHING, UNLESS SPECIFIED � OTHERWISE_ 2) ALL CONSTRUCTION JOINTS,EXPANSION JOINTS SHALL BE CAREFULLY INSPECTED FOR CAULKING DETERIORAT'ION, LOSS OF ADHESION, CRACKING OR LOSS OF � PROPERTIES. FAILING CAULKING SNALL BE REMOVED AND THE AREA CLEANED PRIOR TO RE-CAULKING TO ASSURE DESIRED ADHESION TO BOTH SURFACES. WHERE THE EXISTING CAULKING IS REMOVED, A NEOPRENE ROPE SHALL BE � INSTALLED AS A BACK-UP SURFACE IF OPENING IS MORE THAN 1/8". 3) MASONRY CRACKS OF MORE THAN 1/8 INCH IN WIDTH SHALL BE CUT OUT, �27� � , ' � CLEANED,NEOPRENE ROPE INSTALLED,FILLED WITH A ONE PART POLYURETHANE SEALANT TO MEET FEDERAL SPEC.TT-S-00230C,TYPE II,CLASS A,USDA APPROVED AND FDA APPROVED AND TO MATCH ADJACENT SURFACES IN TEXTURE AND � UNIFORMITY. ALL APPLICATIONS OF PORTER FLEX ELASTOMERIC PATCHING COMPOUND SHALL RESULT IN A MINIMUM 1/8"BUILDUP OF MATERIAL OVER THE CRACKED AREAS AND FEATHERED AND TEXTURED INTO ADJACENT SURFACES. ' 4) SOUND OUT ALL MASONRY CRACKS TO DETERMINE BOND TO SUBSTRATE. IF HOLLOW SOUND OR DISBONDING IS PRESENT, REMOVE LOOSE SUBSTRATE AND PRIME WITH CONCRETE TO CONCRETE PRIMER. APPLY CONCRETE PATCHING ' MATERIAL IN VOID AND FII�iISH WITH PORTER FLEX ELASTOMEWC PATCHING COMPOUND TO MATCH TI-IE ADJACENT SUBSTRATES 1N TEXTURE AND UNIFORMITY. 5} REMOVE ALL TAPE, PATCHING COMPOUND, CAUI,KING OR SEALANT IN ANY PREVIOUSLY PATCHED AREAS,AND R�PATCH AND RE-PAINT AS SPECIFIED. ' F. COLOR SELECTION 1) CONTRACTOR TO PROVIDE COLOR SAMPLES OF ALL PAINT SURFACES FOR OWNER � REVIEW. 2) COLOR SELECTION BY OWNER FROM PORTER PAINTS STANDARD COLORS. � G. EXTEWOR EXPOSED/RUSTED METAL WET FILM DRY FILM 1) PRETREATMENT-PRESSURE CLEAN& FUNGICIDE. � 2) PRETREATMENT-WIItE BRUSH AND/OR MECHANICALLY ABRADE ALL RUSTING SURFACES TO BWGHT METAL. 1 3) PRETREATMENT-TREAT ALL METAL WITH PORTER#7900. 4) FIRST COAT-PORTER#6015 (200-400 SF/GAL.) A/R A/R ' S} SECOND COAT-FRVISH WITH ADJACENT A/R A/R COATING. , TOTAL SYSTEM DRY FILM THICKNESS N/A N/A H. EXISTING PAINTED WALL AND SOFFIT SURFACES 1) MATCH EXISTING MATERIALS. , 2) MATCH EXISTING COLORS. I. EXCLUSIONS(ALL SURFACES,EXCEPT THOSE REPAIRED) � X. MISCELLANEOUS ' A_ FIELD MEASUREMENT/SUBMITTALS 1} THE CONTRACTOR SHALL VERIFY ALL MEASUREMENTS IN THE FIELD PRIOR TO SUBMITTAL OF SHOP DRAWINGS. 2) ALL FIELD OBTAINED DIMENSIONS SHALL BE REFLECTED IN THE ' SHOP DRAWINGS WHEN SUBMITTED TO'TI�ENGINEER FOR REVIEW. 3) ACCURACY OF FIELD DIMENSIONS SHALL BE THE COMPLETE ' RESPONSIBILITY OF THE CONTRACTOR. B. AS-BUILT DRAWINGS � �28' ' ' 1) THE CONTRACTOR SHALL PROVIDE A(3)SETS OF AS-BUILT � DRAWiNGS 3 CD'S REFLECTING ALL CHANGES TO THE DESIGN DOCUMENTS UPON COMPLETION OF THE PROJECT_ � C. DRILLED ANCHORS 1) ALL DRILLED BOLTS AND REBAR INTO QONCRETE SHALL USE STO ' EPDXY GEL,OR HILTI(HiT HYI50) SYST'EM,OR APPROVED EQUAL. BOLTS SHALL BE AISI 304 STAINLESS STEEL U.O.N. 2) ALL TAPCON TYPE FASTENERS SHALL BE ELCO WITH STALGARD FINISH,OR EQUAL. (PROVIDE STAINLESS STEEL WHERE SPECIFIED.) , 3) ALL SELF-DRILLING SCREWS SHALL BE ELCO(WITH STALGARD FINISH(OR EQUAL). PROVIDE STAINLESS STEEL WI�RE SPECIFIED. r � � � � r r � � � � � -29- � , , �� 1 SECTION 0005-EXHIBTTS THE LONG CENTER , 1501 N.BELCHER ROAD,CLEARWATER,FLORIDA CONCRETE REPAIKS OF EXTERIOR COLUMNS 1 ' Exhibit Descriution ] Submittal Log ' 2 Unit Price Summary , 3 Project Closeout � 4 Asbestos Report , 5 Weld-Crete Specifications 6 Contractor's Pra-qualification Form , 7 Project Identification Signage , � � � r � r . -;o- � i � ' .. . • . . .. • . • . . . .. , . • . . . . I � i ly hrl M�1 � W .. . i ' � i r . \ . { . � I / l r r � r � � � �r � � � � � �■�r � � � � � ' 1 __....___ _...__ _ . __ _....... � SUBMtTT/�L COt��'RQL ��iEET ` � ' �, Project Title Pro}ect Manager Project No. Cont�actor ' DATA REOUTAED W � Z W SPECIFICATIONS � o � N W � p ra �y w �y � W w , O � SEC710N TITLE "' � � W � _ � i w C ►° � f' � �.d v r � o g > � W S � � < � 0 � � � 0 'L N o r E s y Q � � � ., o ¢ F r o y ' Q � � J � cN7 x � ' (lndle�s�Olvlston No. ►- W ¢ � v s DIV. If sppllesbl�l � o "� o � � , i , ��. , � ' � 1 1 � 3 1 � i � 1 � 1 1 _ _ � N , . H � � W i . � � � / . ; � ...1 . ' . � '� � a� � � � � � �w � � � � � � � a� � r � , � , UNIT PRICE ITEMS � � M01�f'THLY SUMMARY Re: Project: _ � .. Praj�ct#: Pay�Application#: Througt�: ' I:tem Bid Previous Quantity Total Qfiy. Unit ' Number Descrip� Quantity Mo.Qty, this Month to Date Pric� Tota.l.$: 1 1 � 1 1 1 : 1 1 r � �—' Submitted by: Approved by: 1 , , M E"'� � w.. . x . � W � i , J , .,� . � � r � �r � r � � r r � s i � � � � � � ' � ______ _... . .- :�;:: 1 '�'': PROJECT CLOSEO.UT REQ�IRENiE1VTS � Project Name - ' - Project Number Date , - . �:g,,: I�em Ap�tcable �y eae . . ' 1. Buil,' Department acceptance: a, F'��a inspeetion B.� - b. CerkYficate of Occupancy � B4O : - -,-.-,�._.,::..;�.: - ' 2 ' Puneh List: - a. ContTactor's Ietter of completion G.C. �_ b: 4vrrrier aceeptance Owuer ' _ 3. . Final cl�anup G.G, _�_ 4: Final;cbari�e orders: . - a. U'ntt pnce adjustments _ .G C le�.al . . b: ,Additional work G.�.f�t —T , � �- � 5 Fina#'Pay°Application . (less retainage) G.CJet al� , :. =-,--.*._ � 6, . ��st for Retainage: . ; . �. a, Cmifractor submit G•� ,� - b.:Ov++ner payment T O�vn�er , _� 7 Letter�f subs. completion F QR/et al � ---.- .�._.. 8.... Conse�►t.of Surety Ci.C. � - - ' Q. t4s=�uilts G.C. : .. . . - _ : -. 10: Watvers�f Lien: � a. Cox�tractor C�,C. . �_� b:`Subcontractors G.C:- ,_,__� c. Svppliers G.C. � � � ...,._.,�. - , I 1:: Owner Audit: •. a. F'ay:Agpli�ation Audit Ow�er b.: ``Natice:to Ovvner"Audit Owner �—"- - ' 12; V►�arra€�iies: .. a..Con�ctor G C.. b: �xfeni�ed warranties G.C. - � � = � . ---,-�_� ' 1�. f3�lier iteins: : b. � - , c. � . F7elFROJ_CLOSEOUT � � ' ,.,, , . , ,.., � ' . . . . . . � � E'�+ � , ; � � W . � � � ; � ; _ _ _ _ � _ - - _ � _ � � � _ � - � _ ' ' �'-r.=-�r�ti�•!d , January 18,2011 �r;�Ir��r.rnGntni City of Clearwater � Mr. Leroy Chin Parks and Recreation DepaRment P_O_ Box 4748 , Clearwater, Florida 33758 R�: ASBESTOS SURVEY AT THE LONG CENTER EXTERIOR C4LUMNS AND STAIR � ARfAS LOCATED AT 1501 N. BELCHER ROAD iN Cl.EARWATER, FLORIDA Dear Mr. C�in: ' A survey for asbestos-containing materials(ACMs)was conducted on January�2, 2011 by EPA accredited inspector Jeff Summers of Greenfield Environme�fal,)nc.(GE)at the above mentioned areas. The purpose of ihe asbestos survey was ia identify asbestos containing cnaterial$at the � exteriar columns and stairs so that repairs matle be made during upcoming renovations. 7he sampEing was conducted for EPA N�SHAP compliance prior to renovation activities. Greenfiefd Environmental. Inc. is a Fiorida Licensed Asbestos Consulting Firm wit3�a corresponding ticense number of ZA-0000268. � . The sampling was performed ir► accordance with the requirements of Titte 40, Gode of Federal Regulations(CFR),Pari 363 for suspect ACMs. Ti�►e EPA regulatinns require fhat sample loca#ions be randomly selected. AlJ suspeci asi�estos-coniainir�g materials and PACM(meterials presumed � to contain asbestos under th�OSHA Asbestos Ru1e, 29 CFR�914)weire identified.The sampfes coflected from the above mentioned area were labeled and trar�sported to Air C,2uaiity Environmental,lnc.for anafysis. Air Quality Environmental; 1nc_is a Natianal Voluntar_y Laboratory Rccreditafion Pragram (NVLAPj accredlted laboratory(NVL.AP No. 200759-�}. � The areas werp observed to be constructed of concrEte and sieel. � A total of fh� six (6) samples were collected #rom the areas_ The ka�oratory analytiqt results indicated that the materials sampted did not contain asbestos in amounts greaterlhan ane percent (y%}. Please see the a#tached Summary Qf l..aboratory Anal�sis for analytica#results and sample. locations. � • GE is pleased to have been ot assistance to you on this projeci and we look focward to vyorking with you in the future. tf you have any questions vr if we can be of any further service, please do no2 hesitate to ca{I us at{727)896-�266_ ! Sincere{y: GREENFlELD ENVIRONMENTAL, INC, f � ,;� � . ` I{�,/ ' _ lr�� . � t. ' �{,��.v.,r. �\ �- .� r�f Summers M� ha W_ Rothen�i , PE �J�A Accredited Inspector fortda Licensed estos C�nsultant � #F025621 l,#E�00000�1 � ` ,�, �-.: 7 OSt-1041 RASLeUer i ' d32 3'd 5lreel Norih.Si.Pelersbutg, Ft 3.i70) - Phone-727.69�.1265 • Fax:727.896.l�bo � � � E� �4 � W ' � ; � � � � � � _ i � � � � � r � � � � � � ' ' ' . . . - Weld-CreteQ Gu �de Spectftcation� ' Division 3 & 9 ' 1. Generai • 1.1 Product Handling a. Deliver Weld-Cretep to job in original container with seals unbroken and use without reducing. b. Materials Storage: Protect Weld-Cretep from freezing. � • 1,2 Environmental Conditions � a. Air and surface temperatures must be above freezing during application of Weld-Cretep. ' 2. Products 1=1�:�I;L i: • 2.1 Materials - a. Bonding Agent: Weld-Cretep, Larsen Weld-Crete , Products Corp.,Jessup, Maryland. a„ �` _ .w -,,. a'r.I t a. _��. 3. Execution ' . 3.1 SurFace Preparation ��. , a. Surfaces to receive Weld-Cretep MUST (`lL♦L,��iL �. � li BE CLFJIN, free from loose material, ; dust, dirt, oil, grease, wax, loose paint, � `� � d .` mildew, rust, laitance or efFlorescence. If Weid-Crete ' preparing an old concrete floor surface s„ d a (steel trowel flnish), mechanicaliy searify the surtace and follow with an acid wash and thoroughly rinse with clean water. ' An economical method for cleaning concrete floor surfaces is to use a SO% mu.riatic acid solution followed by a thorough washing. Degreasing solvents sud-i as Varsol are also effective. b. Surfaces to receive Weld-Cretep MUST BE STRUCTURALLY SOUND. On newly placed concrete ' floors to receive a bonded topping, give the surEace a rake or broom finish. Surfaces with form- releasing agents, curing compounds, hardeners and sealers must be compatible with Weld- CreteO. Glossy painted surfaces should be dulled with an abrasive. New paint should cure 7 days before applying Weld-CreteQ. Paints must be firmly adhered to the substrate. Do not apply over , paints or materials that are soluble in water. Do not apply over frozen concrete or plastic surfaces. Weid-Cretep may be placed over dry or damp surfaces(eliminate all water puddles). Do not apply where hydrostatic pressure is present in the substrate. Surfaces shou{d be inspected for excessive cracking and propeHy prepared prior to application of the bonding agent. . 3.2 Instaliation ' a. Applicatlon of bonding agent: Apply Weld-Cretep uniformly, using brush, roller or spray, to from a continuous blue fiim over the entire surface. Allow one hour to dry. EXCEPTION: FAST SET PATCHING CEMENTS AND GROUTS MUST BE APPLIED WHILE THE WELD-CRETEp FILM IS STILL TACKY. ' b. Inspedion of bonding agent: Prior to placement of cementitious topping, inspect bonding agent application for continuity of blue film over the entire bonding surface. Do not apply new concrete to frozen Weld-Cretep. Reapply Weld-Cretep over areas not satisfactorily covered. Protect the applied film from dirt and debris until the fresh concrete overlay is in place. ■ 3.2.1 Application of Concrete Overlays ' a. Delayed toppings shall be over Weld-Cretep in a minimum 1/2 inch thickness on surfaces shown and specified. Provide for a butt joint at adjacent edges. All joints must dup►icate the joints in the substrate and all joints must be sealed against water penetration. Form isolation joints or cut with a dry vacuum saw. Cut control joints � not more than one half the depth of the concrete overlay. Remove standing water from newly bonded concrete surtaces. Concrete toppings can be applied as soon as the film is dry, or delayed a week to 10 days, with no effect on the bond. Fotlow same application for overlays on precast hollowcore floor systems. Fol�ow Portland ' Cement Association Standards. b. Follow accepted industry standards for proteetion of newly bonded concrete. Do not use a "wet" type saw to cut isolation joints on newly bonded concrete overlays. Seal afl joints against water penetration. . 3.2.2 Bonded Concrete Shear Wall � ' __ _ _ _ _ _ _ _ � a. Prior to application of Weld-Cretep, set all anchors on existing wali as shown artd ' speciffed. Apply Weld-CreteO as directed, then proceed with placement of reinforcing steel, erection of forms and placement of concrete. Sea! all joints against water penetration. , ■ 3.2,3 Application of Portland Cement Terrazzo a. Appky Portland Cement Terrazzo over Weld-Crete� to surfaces as shown and specified. b. One-half inch Portland Cement Terrazzo Flooring: Install terrazzo dividing strips prior to application of Weld-Crete�. Follow NTMA specification for monolithic ' terrazzo. Do not allow standing water or wet materials to remain on newly bonded terrazzo surFaces. Seal all joints against water penetration. ■ 3.2.4 Application of Portland Cement Plaster a. Apply Portland Cement Plaster over Weld-Crete� on surfaces as shown and � specified. NOTE: Portland Cement Plaster can be applied as soon as film is dry, or delayed a week to 10 days, with no effed on the bond. Seal all joints agalnst water penetration. b. Two and Three Coat Applied: Apply scretch coat a minimum of 3/8 inch over Weld- Cretep on surfaces as shown and specified. NO�E: Do not scratch through to the � Weld-Cretep film. Altow to dry 24 hours. Follow with second and third coat applications. 5ea1 all joints against water penetration, c. Two Coat Spray Applied: Apply a thin dash coat by hand or spray over Weld-CreteQ and allow dash to firm up and become hard. Apply finish coat 3/8 inch thick. Seal all ' joints against water penetration. NOTE: Weld-Crete� helps equalize suction on vertical applications, which produces a more uniEorm finish coat. For less than 3/8 inch thickness, refer to Acrylic Ad-Mix 101p. ■ 3.2.5 Application of Ntortar Setting Beds a. To receive ceramic tile, precast terrezzo, etc., application of mortar Setting beds � shall be a minimum of 3/8 inch thickness over Weld-Cretep on surfaces as shown and specified. Seal all jofnts against water penetration. ■ 3.2.6 Application of Non-Shrink Fast-Set Mortars and Grouts a. Applications of non-shrink fast-set mortars and grouts shall be over Weld-crete� ' while Weld-Crete� is still tacky. Seal all joints against water penetration. ■ 3.2:7 Application of Bedcoat a. Applications of bedcoat for Simutated Stone Finish (Marblecrete) shall be a minimum of 3/8" thickness over Weld-crete� on surfaces as shown and specified. Seal all joints against water penetration. ' ' ' 1 ' ' , , � 1 i � , � � � � � � � � � � W � , � � � � � � � �■ii � �■ � � � rr � ■� � � � , � QUALIFICATION APPLICATION OF PROSPECTIVE BIDDER CITY OF CLEARWATER CONSTRUCTION PROJECT FOR SPECIALTIY CONCRETE REPAIR AND COATING WORKS ' TO: McCarthy 8�Associates, Inc. � Attn: Brian Keane, PE SECB 2555 NUSERY ROAD,SUITE 101 CLEARWATER, FLORIDA 337643080 PHONE: 727-536-8772 ' FAX: 727-538-9125 E-MAIL:tmikeanela�aol.com ' DATE: PURPOSE: To provide the City with reasonable assurance that the prospective bidder on City of Clearwater formal construction contracts has the financial assets, resources, work force, and work experience to , successfully complete contemplated construction contract agreements with the Ciry. CONTRACTOR FIRM NAME: , BUSINESS ADDRESS: CITY STATE ZIP CODE: ' PHONE NUMBER: FAX NUMBER: E-MAIL ADDRESS: ' TYPE OF ORGANIZATION: (Individual, Corporation, Partnership, etc.) � LIST ALL PRINCIPALS OF ORGANIZATION: (President,Vice-President, Secretary-Treasurer, Partner, etc.) � � ' DATE ORGANIZATION BEGAN UNDER PRESENT NAME: OTHER NAMES AND DATES UNDER WHICH ORGANIZATION EXISTED: ' ' � REFERENCES: , CONTRACTOR'S LICENSE NUMBER: ' 1 ' ' INDIVIDUAL HOLDING LICENSE: � ISSUING AUTHORITY: CLASSIFICATION OF LICENSE: ' HAS YOUR FIRM EVER FAILED TO COMPLETE WORK AWARDED TO YOU? IF SO,WHERE AND WHY? ' , NUMBER OF FULL TIME EMPLOYEE'S DIRECTLY ON APPLICANTS PAYROLL: PRESENT VALUE OF AND GENERAL TYPE OF ALL CONSTRUCl�ION AND OPERATIONAL EQUIPMENT DIRECTLY OWNED BY THE APPLICANT (INFORMATION MAY BE OBTAINED FROM � MOST RECENT FINANCIAL STATEMENT 8� INCLUDE LONG TERM LEASE/PURCHASE EQUIPMENT): , The pre-qualification to bid limitation is an amount of dollars equal to the amount of the largest single ' construction project which has been successfully completed by the Contractor. The pre-qualification amount is limited to specialty concrete repair and coating construction work category in which the Contractor is approved to perform work. This pre-qualification amount may be adjusted as the Contractor may , successfully complete larger construction projects. The Contractor may exhibit where two or more similar projects were substantially accomplished by the Contractor at the same time where the aggregate amount of these projects in excess of the largest single project accomplished_ This aggregate amount will be considered as the pre-qualification amount up to an amount equal to 150% of the largest single project , amount. Pre-qualification amounts in specialty concrete repair and coating construction work category limited as warranted by the City's experience with the Contractors construction projects. LARGEST SINGLE PROJECT COMPLETED BY THE CONTRACTOR: I1. AMOUNT: $ � 2. DATE OF COMPLETION: 3.TYPE OF WORK: , 4. OWNER/REREPRESENTATIVE: Address: , Phone Number Fax Number Email Address IALTERNATE PRE-QUALIFICATION AMOUNT IS BASED ON THE AGGREGATE TOTAL AMOUNT OF CONCURRENT PROJECTS COMPLETED BY CONTRACTOR WITH A MAXIMUM AMOUNT OF 150% � OF LARGEST SINGLE PROJECT LISTED ABOVE. LARGEST AGGREGATE AMOUNT COMPLETED BY CONTRACTOR WHERE WORK WAS PERFORMED AT THE SAME TIME: $ (Total aggregate amount determined from project list below) ' ' 2 � ' PROJECT 1 1.AMOUNT: $ 2. DATE OF START OF WORK:_ 3. DATE OF CONIPLETION: ' 4. TYPE OF WORK: 5. OWNERlREPRESENTATIVE: Telephone Number: Fax: Address: Email: ' PROJECT 2 1.AMOUNT: $ 2. DATE OF START OF WORK: 3. DATE OF COMPLETION: ' 4. TYPE OF WORK: 5. OWNER/REPRESENTATIVE: Telephone Number: Fax: Address: ' Email PROJECT 3 1.AMOUNT: $ 2. DATE OF START OF WORK: ' 3. DATE OF COMPLETION: 4. TYPE OF WORK: 5. OWNER/REPRESENTATIVE: � Telephone Number: Fax: Address: Email THE FOLLOWING ADDITIONAL ITEMS ARE TO ACCOMPANY THIS APPLICATION: , 1. A current Financial Statement for your company which will be returned uncopied upon completion of review. ' 2. Company Experience: Minimum of Ten (10)years doing specifically concrete repairs and coating work (provide supporting documentation. letters of reference are requested from owners your company has performed work for. The reference letters shall be on the owner's ' letterhead and contain the following information: A.) Location and rype of work. B.) Dollar volume with your company. C.) Project owner's name, address&phone number. I D.) Surety Company involved, if any. E.) Consulting Engineer or Architect, address and phonelfax number. F.) Start and completion dates. � 3. Project Superintendent Experience: Name of individual on this project with minimum of Five(5)years doing concrete repairwork(provide supporting documentation) � 4. Association Membership: Member of the International Concrete Repair Institute (ICRI); provide current membership and copies of past membership , 5. License Required: State of Florida Certified General Contractor License and Pinellas County Contractor Licensing Board copy of card and number 6. Submit Project Reference: on five (5) similar projects; each project is to include rype of , work, dollar amount, name and phone/fax numbers of project representative or owner with e-mail address 7. Able to provide Performance Surety Bond up to $1,000,000.00 per project; provide � supporting letter information from surety bonding company 8. Contractor(s)must be prequalified with the City of Clearwater prior to the bid opening ' Pre-qualification is limited to particular construction categories or construction activities in which the Contractor specifically concrete repair work and has successfully completed construction projects or , 3 , , extensive work in the category in conjunction with larger project work. The only category of construction work is specialty concrete repair work and coating work for contractor to be pre-qualification approval by the City of Glearwater. To receive approval in a specialty concrete repair and coating work construction category, your application must contain documentation of successfully completed work experience in this ' category. This documentation is to be included in your firm's completed project list as described above. In addition,your application must exhibit that your firm has sufficient equipment, resources, and employees on your firm's direct payroll to complete work as a prime contractor for specialty concrete repair and coating , construction work category. Contractors with an insufficient work force or insufficient resources will not be approved for pre-qualification or will not receive pre-qualification in specialty concrete repair and coating construction work category ' SPECIALIlY CONCRETE REPAIR AND COATING WORK ................................................. � THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. FIRM: � BY: (Please Type) ISIGNATURE: ' TITLE: (Owner, President, etc.) DATE: ' � , ' � , 1 , ' ' 4 1 � f � � � � � � � W � I � � � � � � i � � � � � � � � � � � � � i � � � � � � � � � � � � � � � � � � LONG CENTER - CONCRETE REPAIR OF EXTEIOR COLUMNS P ROJ E CT N O: 09-0011-P R-(A) PARKS & RECREATION DEPARTMENT CONTRACTOR: NAME OF CONTRACTOR AWARDED PROJECT STRUCTURAL ENGINEER: McCARTHY & ASSOCIATES, INC. CLEARWATER FLORIDA, FLORIDA FUNDING: GENERAL FUNDS COMPLETION DATE: APRIL 2012 � � c� #: �� � � �,: � �`���� � � �'��'`�� OWNERS REPRESENTATIVE: LEROY CHIN (727)562-4856 1 ' , , SECTION 0006-PLAN LIST THE LONG CENTER , 1501 N.BELCI�ER ROAD,CLEARWATER,FLORIDA , CONCRETE REPAII2S OF EXTERIOR COLUMNS Sheet# Description , S 1.0 Site Plan , S l.l Floor Plan-Building 100 S 1.2 Floor Plan-Building 200 ' S 13 Floor Plan-Building 300 S 1.4 Floor Plan-Building 400 ' S2.1 Details ' S3.1 Photos S3.2 Photos , � ' 1 � ' ' '31' ' , , ' SECTION V CONTRACT DOCUMENTS � Table of Contents: , CONTRACT BOND..................................................................................................................... 1 .. CONTRACT.........................................................................................................:........................3 ' CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT.....................................................6 ' PROPOSAL BOND......................................................................................................................7 AFFIDAVIT..................................................................................................................................8 , NON-COLLUSION AFFIDAVIT...............................................................................................9 PROPOSAL................................................................................................................................. 10 ICITY OF CLEARWATER ADDENDUM SHEET................................................................. 13 ' BIDDER'5 PROPOSAL............................................................................................................. 14 , ' , r � � � � _SectionV.doc Paee i 9/27/20I0 ' ■ "�" _ _ __ ' ' ' 1 THE ' PROSURE GROUP [NC. ' This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 � Bond Number: 479032P Surety in which bond's written: Developers Surety and Indemnity Company Local Address: 100 Second Avenue South, Suite 704 South Tower ' St. Petersburg, FL 33701 Local Phone Number: (727) 822-5610 t Contractor Name: RestoCon Corporation Address: 337 North Falkenburg Road Tampa, FL ' Phone: (813) 643-2202 Owner Name: City of Clearwater Address: P.O. Box 4748 ' Clearwater, FL 33758-4748 Phone: (727) 562-4800 Obligee Name: Same as Owner ' Address: Phone: _� ) Contract Number: , Project Description: Long Center Concrete Column Repairs 09-0011-PR-C Project Address: 1501 N. Belcher Rd., Clearwater, FL 33765 ' Legal description of property: Long Center Concrete Column Repairs 09-0011-PR-C , ' 1 This is the front page of the bond. All other pages are subsequent regardless of preprinted numbers. ' ' 1 ------- _.------------------- --------- ------- _ _----- -____ __ 721 7 Benjamin Road, Tampa, FL 33634 81 3.243.1 1 10 PHOrvE � 81 3.243.1 109 Fax � contractbonds@prosuregroup.com Ennni� www.prosuregroup.com � � ; • ' BOND NUMBER: 479032P ' CONTRACT BOND STATE OF FLORIDA CUUNTY pl+PTNELLAS ' KNOW A�L MEN BY THESE PR� SENTS: That we R�STOCON CURPOR.ATION � Contractor and DEVELOPERS SURFTY AND INDEMNITY COMPANY Sure home address is 100 SECOND AVF,NUE SOUTH STJITE 744 �OUT�I TOWERW�ST PE'I'ERSBURG FLOItTDA 33701 tHE�2EINAFTER CALLED THE "Surety", are held and firmly bound into the Cety of Clearwater, Florida (hereina.fter calted the "Owner") in the penai sum of ON'� HUrIpgED NINETY FIVE ' THUUSAND FOYI� HUNDRF,D SEVF,NT'Y DOLLARS AND NO CENTS ($195,470.00) for thc payment of which we bind ourselves, our heirs,executors,administrators,successors,and assigns for the faithfuI performance of a certain written contract, dated the ,day of � ' 2411, entered into between the Contractar and the City af Clearwater for: ' LONG CE NTFR CONCRET� t:OLYJMN REpAIRS 09-0011-PR-C ' a copy of which said contract is�ucorporated herein by reference and is made a part hereof as if full c�pied herein. y ' NOW THEREF4RE, THE CONDYTYUNS OF T�IIS OBLTGATION ARE SUCH, that if the Contractor sha.11 in all respects comply with the terms and conditeons.of said contract, including thc ' one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include ihe Advertisemcnt foi•Bids, Porm of Proposal,Form of Contract Form � Surety Bond, Instructions to Bidders, General Conditions and Technieal Specifications) and the , Pluis and Specifications therein referred to and made a part thereof, ar►d such alterations as may be made in said Pla.ns and Specifications as therein provided for, and shall ind�anni�'j►and save harmle the said Owner a�ainst and from a11 costs, expenses, damages, injury or conduet, want of care or � s ili, ne�;iibence or def�ult, includiti� pater►t infringements on the part of the said Contractor a�ents � or employees, in the exeeuti�n or performance of said contract, including errors in the lan , p S � furnished by the Contractor, and further, if such "Contr$ctar" or "Contractors" shall promptly make ' payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contraetors, Sub-Contractor, or Sub-Contractors, in the ros the work provided for in said Contract, this obligation shali be vaid, otherwise, the Contractor and ' Surety jointly and severally a�ree to pay to #he Owner any difference between.the__sum_.to which the said Contractor would be entitled�on the completion of thc Contract, and that which the be obiiged to pay for the completion of said work by contract or otherwise,&any damages d rect or ' indirect, or consequential, which said Owner may sustain on account�f such work, or on account of the failure of the said Contractor to properly and in a11 thin�s, kee and execute said cc�ntract. p all the provisions of ' "This bond is given to comply with Section 255.05 Florida Statutes,and any action instituted by a claimant under this bond for ' payment must be in accordance with the notice and time limitation provisione in pe��,� Section 255.05(2),Fldrid��f�t�►��." 1 ._,... .�:�,a _ Y'SY ��r. 1..�' '_ 'f�+li��NfM .��..� : ,. �.. .. � / � r . '.- . Jqy`+fl.r�w'ry�ry.....n..r�. rv:...e.r::�o-......�.a�M1w• .. . . ny...,y�vMn�.t�M.z.�:i(�%tME•�r.w..w:o:u+�..a�.�a':iy6'wwi'>4+�.x.-F.n:w.......:,..n.�.. ■ _ . _ � , �• • , � - ' CUNTRACT BOND ' �2� And the said Contractor and Surcty hereby further bind themselves, their successors, executors, ' administrators, and assigns, jointIy and severalty, that they witl amply and fuily protect the said Owner against, and will pay any and all amounts, dama�es, costs and judgments which may be recovered against or which the Owner may be calted upon to pay to any person or corporalion by ' reasan vf any damages arising fram the performancc of said work, or of the repair or maintenance thereof, or the manner of doin� the same or the neglect of the sa.id Contractor or his agents or servants or the improper performancc of the said work by the Contractoc or his agents or servants,or ' the infringements of any patent righ�s by reason of the use of any material furnished or work done;as aforesaid,ar otherwise. t A.r►d the said Contractor and Surety hcreby £urther bind themselves, their successors, hcirs, executors, administrators, and assi�ns,joinlly and severally, to repay the owner any sum which the Owner ma� be compelled to pay because of any lien for labor material furnished for Yhe work, ' embraced by said Contract. And the said Surety,for the vatue received,hereby stipulates and agrees that ao change,extensic�n of ' time, alteration or addition to the terms of ihe contract or to thc work to be performed thereunder or the specifications accompanying the samc shali in any way affect its obligations on this bond, and it does hereby waive notic;e of any such change,extension of time,alteration or addition to the terms of , the contract or to the work or to the specifieations. IN TESTTMONY WHEREOF, witness the hands and seals of the pariies hereto this ' day of . 2011 . RES CO �IO 1 sy: A'xTEST: 1 �` Developers Surety and Indemnity Company ' SURETY_ _ 9 WYTNESS: gy; �i v _. , ' David B.Shick,ATTORN� IN-�'+AC � ''+ �' � . °. Sama ha Dent,As-to-Surety AND FLORIDA RESIDEN�`:�4�.����„ �' �. ' `- � a; � ..: ' C4UNT�RSIGNED: � '.`��� � �� � - �� :�1��", �;.�n N/A-Attorney-in-Fact is also a FL.Resident Agent 4�k�;:_� ��;�R�;',- ' . ' , Pagc 2 , ■ _ _ _ _ _ _ __ _ . �, � POWEN OF ATTORMEY fOR OEVEIOPEftS SURETY ANO It;1EMNITY COMPANY PO 8oz 19725,IRVINE,CA 9Z62] (949)2613300 KNOW ALL BY THESE PRESEfiTS mal e:cept as express�Gmlee,OEVEIOPEAS SUR�11 pNp�prpEMN�7y COAAPANY,does Aaebp make,cros6lule and appainC "'Oavid B.Shick"' ' as i15 W e and lawtul Atlomey(s}IrfFact lo make,execufe,defn�and acknovdedge,lot and on�diap d said corpqaGon,as surefy,Gmds,undeAaA'uigs�d conUacts p�Suretyship 9iving and granong unto sad Allomey(s}ir►Fad futl power and auC�oriq(o do and lo per(ortn every ad necessary,requisite u proper to Ee done in conneclion Iherewith as eadi d said capara6m could do,bul resuving lo ead�of said coryo�ation lull pmvel of suOsGNGon and revocalion,aM a4 d I�e acis ol said Atlomer(s}in-Facl,pursuant lo IAese Presents are Aereby raDfied and confirmed. , , This Powet ol ANomey is graMed and is signed by lacsimle under and Ey authority ol lhe Idlowiny iesolujwn adopled by Ihe Board d Oiredors ol OEVELOPERS SUREIY AND INOEAM N�TII COMPANY,ellective as ol January 1st,2008. � RESOLVED,Q�al a comCinafion d anr two u1 lhe Chaaman d tl�e 8oard,tAe Presided,anJr Execulive\/KePrpsident,Senia Vke-Presidenl a uce-Presidenl 01 lhe carpo- ' raGon De,and IAat eacA o/lA�n hereby is,aulhorized lo execvle Nis Pawel d Allomey,qua(fying Uie apomey(s�named ir�tt�e Power o(Anomey lo execvle,on behal(ol R�e�arpay�on, bonds,underlaAin9s and conbacts o(suretysA;p�an d Ihat 1he Seaelary or any Assislanl Seaelary of Me corpnal'wn be.and eadi ol them�eteby is,auNuriZed to anesl Ihe execvGan d any such Power olAtlame), RESOLVED.fURTHER,Na11he signatures ol surh officers may De affiied Io any sud�Power d Ananey a lo any_cenifiraie relaung Nerelo�y lacsimile,and any sud� ' Power olAuamey or cerli6cate bearing such lacsimite signatures sAaU pe vafid and bindng upon Ae caporalian wfien so affixed and in Ihe lulure wi1A respect lo any bond,undertak�g or contraq o1 sureysAip lo wh1cA it is allached. IN 1NITNESS VIMEREOf,OEYELOPERS SURETY ANO INDEAMIITY COMPANY has raused�hese presenls lo be signed Dr ils officers and anesled Dy its Seaelary or Atsislanl Secre- lary lhis January Tst,2008. ' � . eY= / �l� ......N,..... DanielYo�ng,uce-Presid�nl � ,;��EtY.A��.��'o,, , ' ',yJ_;`QpP O R�l�.F,yyz. � : =a: OGT. i�: By- Gl. :a' : : 10 SlepAen T.Pale,Senta uce-Presidenl -°� �9 7 6 .:�; ' ' ' b '?�'•.;`OW►. .'a .� Slate ol CaK(amia ••o �••'��,,.= Counry ol Orange •..�............••"� ' On Auqust 131A_2008 befae me, Jem Tf N en Nola PubGc Date Here Insert Name and TAIe d IAe Olficer personally appeared Daruel Y and Ste en L Pate , Name(s)d Signer(s) • wAo proved lo me on Ne Dasis d sa6slactcxy evidence lo�e the person(s)whose name(s)is/are subsuibed to , ' ' ' _ tAe wilhin instrumenl md ackrwwledged lo me I�al�elsAellhey execvled Ihe"same in hislhedlheir aulhoriied JENEiY TT Np"lrit�l �av�ryGes),and thal Cy AislherMe'r signature(s)m tne instrumenl the peison(s),or Ihe entiry upo�behall ol GQJyjj�,p ��j Bq� which 1he person(s)aaed,executed�he instrumen� �� : . NC]T/1fiY PUBLIC C/11F�ORrM 3 ORANGE(�(!!�'ry �Le��Y under PENAL T Y Of PERJURY under Ihe laws ol lhe Slale ol Calilomia lhal Ihe lore oin ' ' Irue and correcL 9 g paragrapA is A1�r comm.e�i.os FiA 1 f�3ri] .-..,_.. Vv1TNESS my hand and offioal seaL Place Nolary Seal Above SignaNre M1 ' Je TT Ng n, ary PuDlic CERTIfICATE ' remains i�i lull Iwce and has nol beenfeevok d and SluMerma'e,hai O e pEovisons o�hR e ol��'ol�ihe Boa d ol�Onie cMas o(said orpo aGon'sel lonhnehe1PowerNd Atlorney are in lorce as ol Ihe dale ol Ihis Certificale. This Cenifi�ate is eaecuted in 1he Cily ol Iro�ne,C�lilomia,�pis �, 'day ol. ' By: ' !� ��2�G��� '� . . — ,=,:=�.�ti" Gregg Okw , istanl Secrelary .. r,�",� ; - � �'„ _ �0-1478(Rev.11109) ,;`w � � . - _ _ _ ' ' CONTRACT ' This CONTRACT made and entered into this�a day of 2011 by and �between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the City , and RESTOCON CORPORATION of the City of TAMPA, County of HILLSBOROUGH and State ' of FLORIDA hereinafter designated as the "Contractor". ' WITNESSETH: 'That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herem contamed, da hereby undertake,promise and agree as follows: ' The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the ' following: ' LONG CENTER CONCRETE COLUMN REPAIRS 09-0011-PR-C FOR THF. SUM OF ONE HUNDRED 1vINETY FIVE THOUSAND FOUR HUNDRED SEVENTY DOLLARS AND NO CENTS(5195,470.00) ' In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any ' advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and a11 of said work to be performed and completed by the contractor and its successors and ' assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions,provisions or stipulations as , contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the nght to proceed to complete such work as Contractor is obligated to perform in ' accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY ' AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF ' THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMF,NTS OR DECREES RESULTING FROM ANY , CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS,AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED ' CONTRACTOR,SUB-CONTRACTOR,AGENT SERVANTS OR EMPLOYEES. ' Page 3 ' ' � CONTRACT �2) ' In addition to the foregoing provisions,the Contractor agrees to conform to the followin re uirements: b 9 ' In connection with the pertormance of work under this contract, the Contractor agrees not to discriminate against any employec or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: 1 employment, upgrading, demotion, or transfer; recnutment or recruitrnent advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees ' or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. ' The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worke�s representatives, except sub-contractors for standard commercial supplies or raw materials. ' It is mutually agreed between the arties hereto that time is of the essence of this c P ontract, and m the event that the work to be performed by the Contractor is not completed within the time stipulated ' herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per dav for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1.000.00 aer ' da�! shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the ' Contractor to complete and perform all work within the time period as specified in this contract. ' It is further mutually agreed between the City and the Contractor that if,any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or ' sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adeyua.te 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, fumish an additional ' bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this conhact until such new or additional security bond guaranteeing the faithful ' perforn�ance of the work under the terms hereof shall be completed and furnished to the City in a form sadsfactory to it. � , ' Page 4 , _ __ _ ' , CONTRACT ' (3) . IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate,the day and year first above written. ' CITY OF CLEARWATER S�`oFr�`, ' IN PINELLAS COUNTY,FLOI2IDA � �� v`�\�/, � ' � r - 0 BY� � � — � (Seal) ' William B. Horne,II �'•QTER� City Mana,ger Atte ' Countersigned: �����Q��., �Q-�' Rosemarie C c ' _ City Cler � By� -�`'"'"-` App ved o rm , Frank Hibbard, Mayor-Councilmember ' Camilo Soto Assistant City Attorney ' (Contractor must indicate whether Corporation, Partnership,Company or Individual.) ����� . 1 �� � ��� � (Co I BY. - (The person signing shall, in his own ' handwriting, sign the Principal's name, his own �����������,,, name, and his title; where the person is signing ���`��N COq,p'�,, . for a Corporation, he must, by Affidavit, show ;�O..GpRppqqTO,p9; ' his authority to bind the Corporation). _w�� S EA L� � - —� 1996 z; : . . ` ' r",/ ,,,'',',* ,,,•• • `,` �`'�.,��ORIDP���`'� ��������� , r��s ' � — _ ' , CONT ' RACTOR S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORND � STATE OF FLORIDA COUNTY OF � On this day personally appeared before me, the undersi ed authori , dul authorized to Sn tY Y administer oaths and take acknowledgments, who after being duly sworn, ' deposes and says: That he is the (TITLF) of RESTOCON ' CORPORATION a Floricia Corporation, with its principal place of business located 337 N. FALKENBURG ROAD,TAMPA,FLORIDA 33619(herein,the "Contractor"). ' "That the Contrac;tor was the general contrac,Ytor under a contract executed on the day of . 20_, with the CITY OF CLEARWAI'ER, FI.ORIDA, a municipal corporation, as Owner,and that the Contractor was to perform the constiuction of: ' LONG CF,NTER CONCRETE COL UMN REPAIRS 09-0011-PR-C ' T'hat said work has now been completed and ihe Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might becorne a lien or encumbrance in connection with said work � against the described property. That hc is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, ' and u�n consideration of the payment of (Final Full Amount of Contract)in full satisfaction and discharge of said contract. ' That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this �davit shall mean any and all arising under the operation of ' the Florida Mechanic's I,ien Law as set forth in Chapter 713,Florida Statutes. ' Swom and subscribed to before me RESTOCON CORPORATION AFFIANT This day of ,20 . ' BY: � NOTARY PUBLIC My Commission Expires: PRESIDENT , , Page 6 ' _ _ , � PROpOSAI,BOND (Not to be fill�out if a oertified c}xck is submitted) ' KNOWN ALL 1VIEN BY THESE PRESENTS: 'That w�e, �e und�s� RestoCon Corporation � as prjnCip�j,arid_p�vclocers Suretv and Indemnitv Com�p�y ' ..._. aS SUtety,wh0'S addl�e3g 13 !00 Second Avenue South,Suite 704 South Towcr,St.Pctcrsburg,FL 33701 � ��d � �� � �� �1C C�ty Of C�P.ffi'VVStCI;FI011de,lri the Stl�ri Of Tcn Perccnt of thc Hid Amount---------------------------------- ' DOlI$I8��10°h of thc Bid Amoun�)(���a minimwn of I O%of Contcactor's total bid amount)for the payrn�nt of 'whic�h, well and fi�vly to be m�de, we hereby jointly and severally bind ourselves� our heirs, erxocutors,�d�ministrators,s�ors and assigns. ' The corxlitiion of the above obligation is such that if the attac;hed pi,oposal of Rescocon co oration aS PrinClpfll, and Dcvelopers Surety and Indemnity Company � ' 511�+Cty,for work specifial as: 09-(H)11-PR-C,Thc Long Ccntcr Concretc Rcpair of Extcrior Columns ' e�ll as stipulated 'm�id.Proposal,by doing all work incidental ther�to,in�ccordance with the plans and �peciftcations providecl heaefor,all within Pinellas Cowrty, is acc$pted a�d the contract awac+ded to the above named bidder, and the said bidder shall within ten days aftcx notice of said award enter into a teontr�ct, in wrlting,and fimrish the required Perfonoo�ce Bond with surety.or sw�eties to be approved by the CitY Manager,this obfigation shall be void,otherwise the same shall be in fiilI �O�e a�v�p�e by law and the full amount of this Proposal Bond will be paid to the City as stipuiated or liqwidat� � d�rnages. Sigllai this 2�h day of Septcmber ,20(1 . , �l7I��i�mUSt iJ1dICSf�C W}�C� Corporation �ori,p�shiP,coanPanY ' or individual) RestoCon Corporation �P� ' The person signing shall,in his own � �, hendwriting,sign th�e Principel's gy. � name�his own name and his tifle; •Title ihe person signing far a corporation �C� m1��B�daVit,ShoW 1�j3 eutllOritY Develo ers S and Indemni Company ' 10 b1I1d f}IC COipO�ffiIOII. 1�� . � ' c� . $t1t+C(y David B.Shick,Attomey-in-Fact ' ' . '.. .��OqV.doc Pagc 7 of 1� 9/27/2010 �::.:.':;':, , 1 � PowER w�rrow�Y roR OEVEIOPERS SURETI/Wp MpEyM�ry�p�y PO Boz 19725.riVIHE.G197{ZJ(919)2is�]00 ' KNOW AllBY iT1E�PRESElJT3 Q�al eYCeq as expessy 4mjeA.OEVEIOPERS SI�Y AN1 YDE�1NIiY COM�I�Ny,doa Aaeby ma�ce.oonsulule and appoii� •••Oavid B.Shick••• � as ds we aM brAU Maney(s}M►Fac�,ro m�Oce,excwle,de6�rv anG adMOMled9e,br an/�n Ed�a1 d said 9rvt^!aid�a�g unN safd Mlomey(s}L►faU Iu1 powc►and au�oriq 4o Ao and b reAorm � ��afo�,as swMi Eords.undeA�ings and canVacts W surerysh;0 Capor�an couid Oo,MA resaang b ead�oi said co�paalkn lua pawe�d s�sliN6on and reva�cf �a g�e ac�d sad�b ee Aone�cornetfion�aewilh as eacf�d sai0 Aer�y raNfed auA oad6n�eA. � �«��(s}in-Fad.Durwa�N lo tl�ese praents,are ' TNs Power ol ANomer is�aMed a�is si�by facsinnle uaAer anA bp authardr d Y�e Idlaw��esal�6an adapled br Me 9oard d Oiredors d OEVELOPERS SURE7Y ANO INOEIw N17Y COMPAN1f.eAec�ve ss d Janu�ry 1s�.100s. ' RESaIVEDi,f�al s camDin�ion d airy Mo d p�e C�n d IAe 9oard,iAe Presidet,an7 Eaauivt �aAan Dq end�l eacfl o/Ne�a haeal is.�orized b eaeade U�is Power d � �� ��^�•Snra 1NiccrPresidenl ar Vice-Wesidrnt d Ihe oa�o �onds.uniatskirgs snd aontrscts d sur ���•9��ATl��Q�ISI named n IAe Power d Allane�r b eaeMe,an AehaU d p�e aatim, elyaAipC and O�al Ihe Seaetary u aryr A:�stan�Sevelarya/IAe arpvaGon Ee anA eadi d OKm Ad � a�ry wd�Pawe d Allame�r, �a.au9wrixed to aNe�Ihe eaeaiBan d I Power d/Uk�nme�► e�ttlf�De�a�sucA Iscsini e s+gna�shall be vaRd srd ���wd��ower d Apom�yr a b arry.cvG�Cak rdadng Ihereto Dy(acsim8e,a�d arry wcJ� w aonlrad d�b r�Aitl�8 is�IladreQ �"9�°"��CO1Po►a�ian rif�en so aK�ed and'n tlie Mtae wi�h resped ro anr�nA.undeAali�g IN WfTNESS YNiE��DEVELOPERS SURE7Y ANO INOfJNNITY COMPANY has caused hese praaMs b be signed Dp ils olhcds and at�ted Ey ils Sevelary a Assislant Secre- ' tary Uiis Jarpl:�Tsl.�. aY Oaniel�,�ccPresidwq , 4 ,•'Q,����o�'�'p' ' . � :y`,'•�40�Oa,f f��.�: 8 . � Q :�i Op7. `�� Y' ' Sle/Nen T.Pale,SEnlor�p��qN :oj�i I!J 6 ��f =.v . ti i ;?,�o-..bw�,.f}t�= Stare ol Ca�6ornia ��,�.. �4 Counh►01 orar�ye •........,•.d'' ' On Mwusl 13M,2008 befare me, J TT p�p� Oale Here Inserl Name and Ttle d Y�e qiar Pnso^aMf� Usird and T.Pa1e ' �"'�sl d�(sl ' wta P►oved b me aa M la�s d saf�ctary evid�ce b Ae we oesa�(s)rhose name(s)is/are wbscribed to ' ' ' Ihe v�in 6netpne�l sd�dua.�dged b me tl►al Adsf�Mep ei�uled Ihe"sarne in 1rsJAa�auB�ai:ed .IEN�fI�TT NC�� �1.�r�h►�s�►�y�xKs�oo ak�r�em eK�:o�(s).ar IIK e�Nih u�6eAa11 al CAKIM.M 179i 7B4�i onson(s)adea.aecwee uic:�senur� NOT/(fl1IF�l8E,iC CJ�1�R'OA . UHAHGE�tl�`ry' ��Y uida PENAUY Of PERJURY�nAa fie�aws ol IAe Stale d CalBomia lhal Me loragain9 Da�aPA is � w� �: Rh mTm.nyi.es!cA.1�2� we and conect w1TNESS my Aand aid otlfosl seal, Plxe Nalary Seal AEore Signaure ' 1T Pub6t �� CERTIFICAiE fAe undersigned,ss Seatlxy u Assis�arq Secrelary d DEVEIOPEH3 SURE7Y AMO MIpEMMTY COMPANY does AaeOr cMilr pu�u�e Iae.goiny Power d A11wne� ' nmsms w Aillora and Aas nal�een iewkeA and.�wlhermare.IAa11he pwisions W 9u resdufon d IAe Boxd d O'irMas d saiA carporafon sH IMh in Ihe Po..er d Albrney xe in lace as d ihe dale d Ihig Cer�i(�. «�*R��e n e,ea�a h me cwy d�,ca��:�,w,2 9 t h,y oi S e p t e ab e r 2 O 11 ' er: �(. ��� � arN$edN2ry ^ _�.-- ' �1��6�Rev.N� 1 _ � ' f'O1NEN 0/ATfdWEl fOR DEVEIOPERS�1RETY/WD MOEMMiY C0�IPANY . PO Boi 197j��Vg�.G l�23(91�Z613]00 'KNOY�I ALL 6Y THESE PRESENTS Ael excepl as expetsy imded.�VEIOPEH3 SURE7Y MJ6INDEMN111►COwIPlW1;does Aerepr mak4 umsWAe an0 appoint •••David B.Shk�c••• as i1s we anA la�►md Aqamey(s}N►F�lo make,exewk,AeWa ana adnowk49e,lor and an�a1 d said 9n^^9�9��9 unto aad ARmiey(a}�Fad Adl power anA au�o�b do and b periarm � ��►afon,as w►etp,Dmds,underlaAings anA coMracts ol wrelyshi� corparslien caNd 10.�A reswing lo eacA a said corpa�on Iu4 pow�ol wDs6NAa�and r� ����p W°�b 1e done in coma6on wcewith ffi esch W said he�e9p�fed and oanl4med. �l xd a!d Ne sUS d sa10 Akane�(y}{rFaq.�warq b d�ese�esenls.are 'TMs Powa cl ANome�l is�aMed and k signW by laaimle undn and Op authonly o11Ae r MI7Y COMPANY,e�ec6ve as ol larwary 154 2000. �'"^� e�6011�OP�d Ay Ihe 8oard d Okedas W OEVELOPERS SUREIY ANO WOEIw RESOLVED.0►al s cart�Wion d a�ryl Mro of we Claimwn d 9�e Baarq Uie Presiddt�any Euaive 16oe�P�nidml,Sedor VictWesidenl a lfice-WesiAr�N d{}K�o- ra�on se,snd Wt iacll d IAera hveb�r ts.auU�oriied b excak Nis Power d Mlomer puafiying pK Eonds.widertaAhys snd co��ls d aretysfi�and Oial IAe Soadary a arq Assislanl �����in IAe Po�d Apomey Io exeale.an bdiaU o1 B�e cmpp�llan, a�y wch Pawa dAliomer 5��1 mPa►a6on be.and esdi d IAem Aer�y is,autlia6ieA to aNesl Ihe eaea6on d Power ol A��terUNcale bearing wd�tacsimi��W wd�oficas map be ffifsed ro eryr wd�Powa d A9omey a b ang ceRifcele rdaling Iherelo by larsimik,a�e�,y wd� '«convsa a awe ���sn�e ee wsa ana t�ng upon�e mqonran�hen so alf�cee ane n ne ruKxe wi�h►espeu io any eonu,uoaenaki,y rysND lo�fl is atlad�eA. . ,IN WITNESS WHEREOF,OEVEIppERg SURETY ANO INOEAMIITY COIoPANY haa raused tl�ese presaMS b be signed Df'�ls ofRcers and anested Oy ds Seael.vr a Assislant Serre- tary Uus Jmuary i9,2008. . ey� � �Y���� Iy��� 1 � Dsniel Yam9.Vke-President ?�E1 i�N.�!�'p''-ti • �h��"�o•��A,r.��.° .,,�� � .r: g • � a. :W; OCI. �4F y _d; f0 sn: S1c�en 7 Pale,Senia Y�ce Pies;Acnl s°��, 19]��� �State d CaGWmia `s+►�do•.�w' ,t,+�� /�,�,,� a, �, �.�' �TM�`^°rye +a•r�..»...� � �On _ Auoust 13�Z006 Ddo►e me, Jan TT Ua1e Pubft Nere ivat Name and Tde d tAe Q16od P��sa�l►apOrmed Oa'rd a�d L Pale ' �Isl d�t�l ' , �P��d b me m Ma Oasb d�e�iAenoe b Ee Ihe�)rfiose narne(s�is/are s+Eacibed to ' ' �e wilAb k�strumen!a�d��lo me d�al hdsAdwry aealed Ne 3�xne in hisA�IO�k adAoA�ea JENNY TT►�c3� �Ks�aoa tl�irp NsAwrok:siynaa■eW on uk:�6unM,a ne pasonfs).a►1he aiWr wori bdap a ��?Di i9�W P�sm(�a�ee.aaukd nie i�w� � OfiANGE�n�TY ��r md«PEelAU1r oF PERJURr undg me laws a . ' , .. AM oonra.aqnros!c4 114 Tql? We and torrtct �SI�al CaWomia lhal Ihe(aregan9 P���pA is WITNE55 my Aand ad offq�l sp�, Plxe Ndary Seal pbove S'gnslwe ' n PUD6c LERTIfIGTE rne uneapgnea.as secaurp«ASSis�xa seaaar�r a oEVE�oPESS stHiEtr Nlo rcmains ia AA lorce aM hu nd been rcvalced snd.IuAlxrmore.ihal ihe HOEIMWTY COI�ANY dces haeA�r u�'h y��he iae9o'"9 Powa d Anorner brce as d Oie dale d Nrs Catfficsk. P�aaions d Ihe resahim d Ihe Board ol O'irectas d said oarporaion se�Ia�h in d+e Powu d A11w„er ae�n r''���e n�,�e n u,e cay d r�,e.ca�,�,;a.,,,;,2 9 t hi,y a S e p t e mb e r 2 O 11 'ey: ��• ���.+C� Cx�(lkw istmu Seaaary 'O��d�1(Iter.�tpl) , _ _ _ ' ' AFFIDAVTT (To be filled in and execuied if the bidder is a oorporation) ' STATE OF FT.ORIDA ) CQ�1j�''Y QF Hillaborough ) ' Juaniece xowell beii�g �y �yp� � � �g �t heJ � ys she is Seci�BTy of xeatocon Corporation , a cflz�on organi�ed aad existir�under and by virtue of the laws of the State of Florida,and having its principal office at: 337 N. Falkenburg Road Tampa Hillsborough gL ' .ci�Ct�t NiIIri�C? Cl�/ C011llty st3t8 Af�iant fiuthea says that he is fainiliar with the records, minute books and by-laws of ' Restocon Corporation ^ (Name of Coiporation) ' .f�l��SRy3�18t Robert Howel l jg CEO �O�1CCf�3 NSII1C� �'it]g� of the corporatiot7,is duly authorized to sign the PrOpOS81 fOr Restocon corporat�.on ' for s�sid corporation by virlue of N/A (state whett�r a provision of by laws oz a R,esol o f the of —.._-----_..... --- Directors. If by on ' � te of a� ' n). ' \ � Af�iant ' Sworn to before me this��day of� _,20 �{ . , � , r�►va�vs Notary P iblic _�s ., Mvoo�oN,00eeme � � i ,�'M 'a,!� 9dlded�M$olaly Rlhla IMId�M�n � � TYP�� � s'�r name N�tary � � � Tifle or renk,and Serial No.,if any . ' � ' � � ' � � s�io�v.ao� r�s or�a 9n�RO�o '! 1 w , 1 �ION-COLLUSION AFFIDAVIT ' STATE OF FLORIDA } CUUNTY OF Hillsborough ) ' Robert W. Howell .__ being.5rst duly sv�rom,deposes and says that he is ' CEO �_ of xestocon corporation the pu4y making the foregoing Proposal or Bid; that such Bid is genuine and not colIusive or sham: ' that said biddCr is not financially interested in or otherwise affiliated in a business way with any othez bicider on the same cuntr�ct;that said bic�er h�s not colludod,conspired, connived,or agr�d,directly or it�dirextly,with eny biddas or pexson, to put in a sham bid or that such other person shall refi�in � from bidding, and l�s not in any manner, directly or indirectly, sought by agreem�t or collusion, or communication or conference,with an,y parson�t4�x the bid price or affiant or any other bidder,or to iix any ovcrhe,ad,profit or cost element of�id bid p�icxx,or that of any other bidder, or to secune any ' advantag�e against the City of Clearvvater, Florida�, or a�person or persons interested in the proposed conirect;a��at al1 statements contained in�id propoBal or bid are ttve;and fu�her,that ssuch bidder has not directty or indirectly submitted this bid,or the conteats thereof,or divulged information or data ' relative thereto to any association or to any mernber or agent thereof. , � / �/ j ' : A$$ant- ' Svwarn to and subscribad before me this�day of-cj����y,,., •'��20�. � Public •••" F�r a�rs � i: ������5 1 ���. . Badrl�pW¢4�j� ' I ' ' � ; ' ' i ; � _SectionV.doe P�ge 9 d 1� 4 9R7l2010 ' , ' _ _ _ _ ' ' PR_ ' (1) TO�C'ITY OF CLEARWATER,FY.ORIDA,for ' LONG CENTER—CONCRETE REPt�TR pF EX'rERIOR COLUMNS PROJEC7'#:99-0011-PR(C) ' a�doing such other work incidental tt�reto,all in accords�e witb the co�ct docwnents,marked LOATG CENTF.�t—CONCRETE REPAIR OF EXTERIOR COLUMNS ' PROJECT#: 09-0011-PR(G� Every bidc�r must take notice of the f�ct thet even though hia proposal be acc�pted and the documents ' sig�ed by the biddcr to whom an award is made a�d by those o�cials a�rthorized to do so on behalf of the City► of Clearvvater, Floride, that no such awaid or signing sba11 be considered a binding contract without a ceitificatc fmm the Finance Director that fuinds are available to cover the cost of the v�rk to � . be done,or without the approval of the City Attome�►as to t�f��rm and 2��iy of the contract and atl thc pertinent documents relating thereto having been approved by said City Attomey; and such bidder is hereby charged with this notice. ' The sign�r of the Pro�sal, as bidder,also declares that the only Pesson►Per�ons, com an or intcreste�l in this Pro P Y P�es Posal, are narned in this ProposAl. that he has carefully exarnined the ' Adv�rtisemeat, Instcu�ctions to Bidders, Contr�ct Specificat�s, Plaas, Supplemental Specifications, C�ral Conditions,Specisl Provisions,and Contrect Bond,that he or his repre9eatative has made such investi�ation as is n�ary to d�termine the charac�er and exteat of the v►rork and he propases and , ag�s that if the Proposal bc accepted,he will contc:eet with the City of Clearvvat�r,Florida,in the form of contract; her�to anuexed,to provide the necessary labor, materia]s,m�chine�}', e9uil�nent, tools or apparatus, do all the work reqwred to complete the contrect within the titne n�ntio�d 'zn the G�ral Conditions and acc,�rding to the reqwirements of the City of Clearwater, Florida, as herein a� � ! hea�in�er set forth,at�d fumish the r�equirred surcty bonds for ihe following prices to wit: ' � - � ; ' � � � � ' � � �OpV.� Pagc 10 of I4 � ; AR7/2010 , ____ � ' PROPOSAL , . �) If the foregou�g Proposal shall be acx,epted by the City of Cleervva�r,Florida,and the�gned sha11 fail to execute a satisfactcxy contract as stat�l in the Advat�nent herein attached,then the Cih'maY, ' at its option d�etermine that the undersigned has abandoned the co�act, and thereupon this Proposal shall be rnill end vo�,aznd the c.trtified chec&or bo�d acxompanying t1�is Proposal,shall be forfeit�to bec�e the pr�operty of tt� City of Clearwattr, Florida, and the fult amount of said choc.k shall be � retained by tl�City,or if the Proposal Bond be giv�cn,the{ull amount of such bond shaii lx paid to the City aa stipulsted or liquida�ed damages; otherwise, the bonod or cerrti5ed check acco mpanYing this Propo�l,ar the amowrt of said check,shall be rehuned a the undersi�as specified herein. ' Att�hed hereto is�bond or certified c,heck on ProSure croup, in�. ' Bank,for the sum of Twenty thousand dol lars ._ ��ao,o00.oo � ' (being a minim�of 10'/0 of Cflntrador's total bid amount). `T'he full names a�resid�of all persons atxi parties interested in the foregoing bid are as.follows: , (If corporation,give the names and addresses of the President and Seczetary. ff firm or partnership,the names and addresses of ihe members or parbners. The Bidder sha111ist not only his name but alsfl the ' n�ane of any person with whom bidder has any type of agreement whe ► improvements, enrichmcnt, em lo �Y such pearson s p yment or possible benefit, whether suh-contractor, mateaialtnan, aga�t,supplier,or employer is contingent upon the award of the c�ntiact to the bidder). , NAMES: ADDRESSES: Robert W. _Howell, CEO 337 N. Falkenburg Road, Tampa, FL 33619 ' Mike Long, President 3500 S. Richey Street, Ste. 220, Houston, TX 77017 ' _. ._. � ' . --- 51�18L11tC Of BI�CI: - ,� ' ' ('The bidder raust i�dic�te vv�her Coiporation,Part�xship,Company�Individual). ; ; , i , I ; : �°OV� Page 11 of l� ' � 9/T7l2010 i � ___ _ __ � � PROPOSAL (3) ' 1�u peraon siguir�g shell,in his own sign the Principal's name,his owa r�ame and his tit1e. ' Wh�re the pe�an si�ning for a co ration i tben t�e President or Vic�Preside,nt, he must, by affidavit,s�w his a nty, ' � '�. � � C Princi�l: �L� � E�C $y; Robert W. Howell rlt�e. �gp ' Busi.a�s Address ofBidder: 337 N. Falkenburg Road � Clty+8ild�tA1�: Tampa, FL _ _ �jp Cp� 33619 ' Uated at.�a��,, ,th�s,�_daY of �'{-�t'Y��."Y A.D.,201 i . ' ' : ' 1 '� ,'; '� �` ,� �V.� Page 12 of 14 9!2?/2010 ! 1, � t - _ ' t CITY OF GLEARWATER �DDENDUM SHEET ' PROJEC'T: LONG CENTER—CONCRETE REPAIR OF EXTERIO R COLUMNS PROJECT#: 09-0011-PR(C� ' AcknowIedg�nent is h�rraUy made of the foUowing addenda rxeived�nce f ssummce of Plans and Specifications. ' Addendum AIo. 1 Date: 0 9/z a/i i , Addendiun No. Date: Addcndum No. Date: ' Addendum No. Date: , Addendum No. Date: Adde�nndum No. Date: ' Addendum No. Date: ' Addendum No. Date: .. Addendum No. Date: � Addendum No. DaLe:^ Addea�dum No. Date: ' Rober . Ho 11 � � �� � + csi�ure of ot�icer� - cso ' .` (Tit1e of Officer) o9/ae/ii (��) 1 ! , sax�v.�c Page]3 of 14 i ' 91I7R010 ' ' . � f ' � ' BIDDER'S PROP�9w�. PRUJSG7': L4NC CCN7'ZR--CONCRBT�RLPAIR OF LXIERIOtt COLUMNS ' PROJECT#s 09-�i 1-�R(C�—ADDENDUM NO. t -9/19�1 i [n oonforntapce wnh the Inshytctiorg to Bidders, the Un�rsigned heneby ot�ers to furnish, oxcept � �;�slly . ' ex�d, ai! pr�ra�t�. I+�bw', meteriais, taxes, testing, tools. equipmeat� trans�oriatiop� ancl iasurance a�ry to pe�m the wotk�vrn in tMe Canh�ct documents. Compktion of tAe pmJed shdl be�or befare the date indicsted �roin. The�tial oont�t smau�t ahslt be the total of tha I�p�nt aad unit price dollMra ehown on the�Scl�ednk of Valuea". The fMal ccwtract s�t will be based on ths actgal qwntity of unit prioe ilans compkted�nd appi,ov�d ' �' � �r �O1' ��'a rep�e�ebtNe. Upon scceptaace of this otY�� the w�dorsigned shap vater iato a contrect witfi �e Owner,a��d pruvicie aatLsfscxory evidence of the exi�ncx of such inwrar�ce as may be reqeined by the c�atract docw�ants. � ��-��� UAIIT T.TNIT A'�'Y PRIC� i!'� � L Co�eral CondlHoss � l.Permits i..S. I � 2 M�l�t� 4S• � $i,soo.o0 ' 3.Rtpair Muckup l...S. � ,.____.. $aoo.00 4'�'� L•S- � $1,500.00 s.�e Exisctns slrcfaccs („S• � $�,5 0 0.o 0 ' 6 �� �^S• f $i,500.o0 t!.DWaoli�a 1.R�eswv�e Co�at Cohu�(qeye�d Co�+eoe Removal) S-F- 2,U00 1 ' Sz,000.00 2.[�of 1M�iala L,g, � $5 5 0.o 0 3 ��ro� � � $500.00 ' IIL Co�et�e�1rd l.Colutna Spalla(�►rm�t pour) C.F. 150 $265.00 2.Cr�ck Repair bY Epo�cY�n�oc� $s 9,�s o_o 0 � L.F. $� $18.50 $9,250.00 ' 3.AlWdC.S(X1�2) $y, � $35.00 $10,500^00 4.R�opdpa#3 Reb�l'St�tups 1..R $pp $4.50 _�_ $2,250.00 5.�� ���il) EA. sp $35.00 $1, 057 00 � 6.Sce�Repsin(eobrr�h� C,F. 10 $2e5.00 $2,850.00 T.��� ����) C.�. 10 $Z85.00 $2.8 0 05 0 ' 6.Llr+�od Floor tiop��(volor r�ud�) c.F. �o S a 5 s:o o .�---._____- Sa,ssa.00 N��� l.Conosbq Lodibi/or S.F. 2,000 S1.25 ' $2,500.00 �'��u�����o�kx) f�s. 671;��_ $1.100.00 $�3,700.00 3.�Touch.ap � � $soo.oo ` $500.00 ' ' ADDFs'PlUM NO t 3oaionV.doc p��14 of l4 9l27R010 ' � � _ _ � , � , 1�lUDLK �J PltUPC� �•So�� ; rRQJECI`: LONG C�NTER—CUIYCIiETE ltR�AYR pF gXTERrOR COLUMNS ' ; ' PjLOJECT�s�lA11-PR(C�AY?DENDUM NQ 1—!/19RA11 1�'�M—B�AS�B3D ��, xo. --- urorr mnr t�xrc V. A[�� p . � 1.A9l�ell�oais Masa�ry Wall ItaPalrs(*) L.S. 1 $4,000.00 � 2.Mi�ll�eous R�air AUowa�ce(*) L.S. 1 $10,000.00 � 3.Perfa�nwnce Surety Sond L.S I 5 s,9 0 0.o 0 �.Cleiutup dt Domobilizetion LS. I $i,5 0 0.o 0 'Vl.snb�.a�otL�s 11�s Abo� �i��,�o o.o 0 ! VII.109�6 Ce��Y`�I,�e 1V�VI $17,770.00 wt�e coatirtgt4tcy tim�d�!!otdy utiliud upon wriUen approva!by ihs O�wner or tbs owner's ..__r._ � roprme�,iwe to�iline tl�s fi�for ackUtwuul 9cc�po ut Wwlc ncK indkakd fn tbsm l.[hr�l�1 V.oPtlu Biq of Q�tics.4��,���ilized in q�e implar�a�lation of hw�o�Nract �U ba rettut�ed to the owr�by final d��nge ordor durmg doae ait of the rnntract.) V11L Total otl.Ine V!(All BW tter:)�VIY(1�'.Couda�alcr) �195,4 70.00 � BtDDSR�3 TOTAL S i 9s,4�o.o o N �) � BIDDtR'BGRAND'1'OrPAL One hundred ninet r�-five thousand four hundred sevenCy dollare TJ07E: ords) � �•"��(�)9�t ore 1br�1�on o�ly. Tha ca�to vaify dl[.S qwntit�s. 2.•Atloa�n�e(+�(l.abor dt 6r(a�m�ri�b Ou ba bilbd on 7'ime and M�ierial b�i�� 3. Unte pric�a i6oa�e vwn r�equire 6��owner.�rovs�of o�cmr in�wlsa quwu�es. � TIIB BlDDlR'S TO'PAL AS4V� IS N18 TOTAL BID 9A8�D ON HIS INIR rSTIMA7'6b QUAIYTR[gg�Ip�► THRS�IGUR6151�Wi 1NMt�iMA7'LON O�NL�Y p THB 7'tME OF OPLN NG BID3. THS CI't'y W11d.MAICIE Tl�TAWI.AT�OIV►ROM THE tIIVIT PRIG�S AND LUMP SUM PRIC6 B[�, 1R 7'HEItE 13 AlV�R IIY ifit TOTAI. dY TNE�ppgR tT 5HAL1. R CHANC�AS ONLY 77IR lNIIT PRIC$S A1VD WMP SUM PRICE SHAW, GOY6�IY. 7'HB CITY OR CL.Ir,ARWATBR R68BRVES TN��IY'TA A(�(:RPT AR RRIR(T AI.1.R1Ddg. 7'HR C.ONTRA(.°1'p� ' SNAI,L NATR Ala.B1D ITeI�[3 9HALL Bt Ht1CRS AND�LANKS t,BFT OlV ANY�T�M'rH6 Bt wILL BE CONSIDRREb A NO�1 RRSTO�lVB 81D AND WILL 1VOT SL G'ONpD�gp�N AWARDING TH�g pRpJ�GT, 1TtM-AI.TIG�ttVATE3 UNIT � �� UN1T O►�'V p r[� PRI[`m I. C���ies durb�g dre Iwws L.S. � 3:00 PM mo 12:00 l�dnight of DuiWing 400.Conntraccor -S o.o 0 � �I�o�adY�additionsl cou to porPona fho vMOtic �-_~ u thia�1ed�dnx. �1�s i�e�a�a�s oFadud e�u�ntkies�iwll be per Iho Sd�edule of Valuea ' 1. OH�P�eerrcxrwy�}���on a time and n�leri�l(T��, 15 2. OI laP �_ 'K P��t br��1 caMraclD[ibC wb�opntr�t��'vk�a QM'rddtliolMl wvlk ADD= 15 x � 3• L,nbor nN fot waic Pce�'�d on�tioto�n�terW beN�(�cludo all�xes!l�ip�e bp�� ADD=--__ 45.00 � TNlC CfTV O/Gl.�ARWA1 tR R?�RYV 771�RlC1iT TO S�L�CT ANY AND O�ALL O�THi M.TyWA7'�[T6119S AHD OR 1W�GT ANY A1MD ALL AL'!'�RNA7'� 1TBMS. TtiE AUI'�RlIA'R 17'iMS 9p.�CT=D SIIALL a6 ItTIWZi� IN 7116 � TASOLA7'IOJ�t<1R 77l�!1lWiCT AAIp lHALL DiT��tMINt 7'1�I.O'Ni s1DO�R a►W7i%Nl1�M NU 1 yaqi�sV.Jpc la8t I S ot 14 9Q7!l010 � �