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REPLACEMENT OF ANTIQUATED GAS MAIN, SERVICE LINES, GAS METERS AND PIPING CONNECTIONS TO CUSTOMER HOUSE PIPING AND REESTABLISHMENT OF GAS SERVICE AT VARIOUS LOCATIONS - BID 10-12� � i f I ! s I CONTRACT DOCUMENTS FOR Clearwater Gas System Replacement of Antiquated Gas Mains, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations B id Number: 10-12 Bid Date: February 17, 2012 Bid Time: 11:OOAM Prepared by: Mike Deegan & Brian Langille Clearwater Gas System 400 North Myrtle Avenue Clearwater, Florida 33758 TABLE OF CONTENTS SECTION 00020 1 INVITATION TO BID 1 SECTION 00100 2 INSTRUCTIONS TO BIDDERS 00100.01 2 QUALIFICATIONS OF BIDDERS 2 00100.02 BIDDER'S RESPONSIBILITY 00100.03 SITE CONDITIONS 2 00100.04 OMISSIONS AND DISCREPANCIES 3 00100.05 BID ITEMS AND ESTIMATED QUANTITIES 3 00100.06 APPROVED MATERIALS AND EQUIPMENT 3 4 00100.07 SAMPLE OF MATERIALS 4 00100.08 PROPOSAL FORM 00100.09 WITHDRAWAL OF PROPOSALS 4 5 00100.10 BID SECURIIY 5 00100.11 OPENING OF PROPOSALS 5 00100.12 METHOD OF AWARD 5 00100.13 EXECUTION OF CONTRACT 6 00100.14 TIME OF COMPLETION 6 00100.15 LIQUIDATED DAMAGES 6 00100.16 EXTENSIONS OF TIME � 00100.17 CERTIFICATE OF INSURANCE � 00100.18 DETAILED BREAKDOWN SHEET AND SCHEDULE Of PRICES � 00100.19 EXISTING MATERIALS AND EQUIPMENT � 00100.20 QUALIFICATIONS OF BIDDERS � 00100.21 STANDARDS 8 SECT/ON 00140 9 SUMMARY OF INFORMATION TO BIDDERS 00140.01- OBTAINING PLANS AND SPECIFICATIONS 00140.02 - OWNER 00140.03 - CONTRACT 00140.04 - BID SECURITY 00140.05 - TIME OF COMPLETION 00140.06 - INSURANCE REQUIREMENTS 00140.07 - SCOPE OF WORK 9 .9 _9 _9 _9 9 _9 11 SECTION 00310 12 PROPOSAL 12 SECTION 00320 21 BID TABULATION SUMMARY 21 SECT/ON 00330 22 FLORIDA TRENCH SAFETY ACT ACKNOWLEDGMENT 22 SECTION 00340 23 PUBLIC ENTITY CRIMES STATEMENT 23 SECTION 00410 26 CERTIFIED CHECK, CASH OR BID BOND 26 SECTION 00510 27 AGREEMENT 2� SECTION 00520 30 CONTRACTOR'S AFFIDAVIT 30 SECTION 00530 31 CONTRACTOR'S RELEASE 31 SECTION 00540 32 STATEMENT OF SURETY COMPANY 32 SECTION 00610 33 PERFORMANCE - PAYMENT BOND 33 SECTION 00620 35 CERTIFICATE OF INSURANCE 35 SECTION 00700 36 GENERAL CONDITIONS 36 00700.01 DEFINITIONS 36 00700.02 EXTENT OF CONTRACT 37 00700.03 OBLIGATIONS OF CONTRACTOR 37 00700.04 SUBCONTRACTS 38 00700.05 SEPARATE CONTRACTS 38 38 00700.06 BONDS 00700.07 ADDITIONAL OR SUBSTITUTE BOND 39 39 00700.08 INSURANCE 00700.09 PROOF OF INSURANCE 40 00700.10 ACCIDENTS AND CLAIMS 40 00700.11 MUTUAL RESPONSIBILITY OF CONTRACTORS 41 00700.12 CONTRACTOR'S LIABILITY 41 00700.13 FAMILIARITY WITH CONTRACT REQUIREMENT 41 00700.14 PATENT RIGHTS 4z 00700.15 PERMITS AND LICENSES 42 00700.16 LAWS AND REGULATIONS 43 00700.17 DIMENSIONS AND ELEVATIONS 43 00700.18 PLANS, SPECIFICATIONS AND SHOP DRAWINGS 43 00700.19 DRAWIN65 AND SPECIFICATIONS FURNISHED TO CONTRACTORS 44 00700.20 WORKING SCHEDULES AND PROGRESS CHARTS 44 00700.21 SUPERVISION AND RESPONSIBILITY OF THE CONTRACTOR 45 46 00700.22 SERVING NOTICE 00700.23 AUTHORITY OF ENGINEER 46 00700.24 OBSERVATION OF THE WORK 46 00700.25 EXAMINATION OF THE WORK 47 00700.26 00700.28 00700.29 00700.30 00700.31 00700.32 00700.33 00700.34 00700.35 0070036 00700.37 00700.38 00700.39 00700.40 00700.41 00700.42 00700.43 00700.44 00700.45 00700.46 00700.47 00700.48 00700.49 00700.50 PROTECTION OF WORK AND PROPERTY 48 THE OWNER'S RIGHT TO DO WORK 49 ALTERATION OF PLANS SO UNAUTHORIZED WORK 50 CLAIMS FOR EXTRA COST 50 CHANGES IN THE WORK SO EXTRA WORK/INCREASED COMPENSATION 51 SUSPENSION OF WORK 51 DEFECTIVE WORK OR MATERIALS 52 ABANDONMENT OF WORK 52 FORFEITURE OF CONTRACT 53 THE OWNER'S RIGHT TO TERMINATE CONTRACT 53 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT 54 NO WAIVER OF CONTRACT 54 NO ESTOPPEL 54 TIME FOR COMPLETION 54 COMPLETION OF WORK DEFINED 54 DELAYS AND EXTENSIONS OF TIME 55 LIQUIDATED DAMAGES 55 PRICES 55 PARTIAL ESTIMATES AND PAYMENTS 56 PAYMENTS WITHHELD 56 LIENS AND FINAL PAYMENTS 5� FINAL APPROVAL AND ACCEPTANCE OF THE WORK 5� SECTION 00800 60 SUPPLEMENTARY CONDITIONS 60 00800.01 SUPPLEMENTARY CONDITIONS PREVAIL 60 00800.02 MATERIALS SUPPLIED BY THE OWNER 60 00800.03 PERMITS 60 00800.04 JOINING OF PLASTIC PIPE 60 SECTION 00900 62 ADDENDA 62 SECTION 01000 63 GENERAL REQUIREMENTS 63 01000.01 TRAFFIC CONTROL 63 01000.02 MATERIALS, EQUIPMENT AND LABOR 63 01000.03 PROGRE55 PHOTOGRAPHS 64 01000.04 STANDARDS 64 01000.05 STORAGE OF MATERIALS AND RIGHTS-OF-WAY 64 01000.06 UTILITIES 65 01000.07 SAFETY AND HEALTH REGULATIONS 65 01000.08 USE OF CHEMICALS 65 01000.09 BY-PASSING OF SEWAGE 66 01000.10 DEWATERING AND SEWAGE PUMPS 66 01000.11 LINES, GRADES AND CONSTRUCTION SURVEYING 66 01000.12 TESTS 66 01000.13 WATER AND ELECTRIC POWER 6� 01000.14 MONUMENTS AND LANDMARKS 6� 01000.15 DETOURS 67 01000.16 EXISTING UTILITIES 68 01000.17 SANITARY MEASURES 68 01000.18 CLEANING UP 68 01000.19 FAILURE TO CLEAN UP 69 O1000Z0 RESTORATION OF SURFACE 69 01000.21 PROJECT RECORD DRAWINGS (AS- BUILTS) 69 SECTION 02005 �� MOBILIZATION �� SECTION 02221 71 TRENCHING, BACKFILLING AND COMPACTING FOR UTILITY SYSTEMS 71 SECTION 02574 81 PAVEMENT REMOVAL AND REPLACEMENT 81 SECTION 02685 86 NATURAL GAS PIPELINE INSTALLATIONS 86 SECTION 02696 101 DIRECTIONAL DRILL UTILITY PLACEMENT 101 SECTION 02935 107 SODDING 107 SECTION 00020 INVITATION TO BID Sealed proposals will be received at the City of Clearwater, Purchasing Department, 100 South Myrtle Avenue, Clearwater, Florida 33756, in Pinellas County, until Februarv 17, 2012 at 11:OOAM, at which time and place they will be publicly opened and read aloud in the Conference Room, 100 South Myrtle Avenue, Clearwater, Florida 33756, for furnishing all necessary labor, materials, incidental items, and equipment for the City of Clearwater (d/b/a Clearwater Gas System): Replacement of Antiquated Gas Mains, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations. Specifications and Contract Documents may be obtained from the City of Clearwater, Florida 33756, at no charge and are available on-line @ www.myclearwater.com under the "Services" link at the top, or go directly to the following link to view all active bids: http://www.mvclearwater com/apps20/cityprojects/invitationtobid aspx Questions regarding this bid should be directed to Brian Langille, Operations Manager - (727) 562-4911. Sealed bids must be submitted on proposal forms as provided (or exact copies thereo� marked, Replacement of Antiquated Gas Mains, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations, for the City of Clearwater, Florida. All proposals must be accompanied by a certified check, bank draft, or bid bond in the amount of ten percent (10%) of the base bid, made payable to the City of Clearwater. Which check, bank draft or bid bond shall guarantee that should the proposal be accepted, the bidder will, within ten (10) days after the acceptance of his proposal, enter into a contract with the City of Clearwater for the services proposed to be performed and will at that time furnish performance and payment bonds each in the amount of 30 percent (30%) of the contract, made payable to the City of Clearwater, Florida, which bonds shall be adequate to guarantee the faithful performance of the contract. Proposals may be withdrawn prior to the date of opening, but no proposal may be withdrawn for a period of ninety (90) days after the date of the opening of bids. Plans, specifications and bid forms may be obtained from City of Clearwater, Purchasing Department, located at 100 South Myrtle Avenue, Clearwater, Florida 33756, at no charge. The City of Clearwater reserves the right to waive any informalities or to accept or reject any or all bids in part or in total and award the contract in the best interest of the City. : Date: SECTION 00100 INSTRUCTIONS TO BIDDERS 00100.01 QUALIFICATIONS OF BIDDERS Bidders shall have successfully completed two (2) contracts for similar replacement work in an amount not less than one hundred per centum (100%) of the amount of the proposal contract during the past three years. Bidders shall have received Contract Documents from the Engineer. The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner any additional information and financial data for this purpose as the Owner may require. The data shall include a detailed and up-to-date list of equipment the bidder proposes to use, indicating which portions he already possesses and a detailed description of the method and program of the work he proposes to follow. If such an investigation fails to satisfy the Engineer or Owner that the bidder is properly qualified to complete the work described in the drawings and speciiications or to meet the iinancial obligations of such a contract, the bid may be rejected. In the event the bidder fails, refuses, or neglects to submit the requested additional information within ten (10) days of the date of any request for submission, the bidder's proposal guarantee shall be forfeited to the use of the Owner, not as a penalty, but as liquidated damages. 00100.02 BIDDER'S RESPONSIBILITY Each bidder shall familiarize himself with all the attached forms, Instructions, General Provisions, Specifications, Drawings, etc., as he will be held responsible to fully comply therewith. Each bidder must visit the site of the proposed work and thoroughly acquaint himself with conditions affecting the work, all utilities in existence to which connections are to be made, all other requirements of the contract, and obtain all information necessary for completion of the work on or before the date specified. Each bidder shall also make himself familiar with all Federal, State, Local and Municipal laws, ordinances, rules and regulations which in any manner affect the work, those engaged or employed in the work, or the materials or equipment used in or upon the work. If the bidder or Contractor shall discover any provision in the plan, specification, or other contract documents which is contrary to, or inconsistent with, any such law, ordinance, rule, or regulation, he shall immediately report it to the Engineer in writing. The Contractor shall not at any time after the execution of his contract set up any claims whatever based upon insufficient data or incorrectly assuming conditions, nor shall he claim any misunderstanding in regard to the nature, conditions or character of the work to be done under the contract, and he shall assume all risks resulting from any changes in the conditions which may occur during the progress of this work. 00100.03 SITE CONDITIONS Any information on site or soil conditions made available to the prospective bidders through data collected by test borings and presented on the Engineer's drawings or available in preliminary reports prepared by the Engineer or obtained verbally from a representative of the Owner or the Engineer does not guarantee that such site or soil conditions will be as described, and are made available only upon waiver of all responsibility of the Owner and Engineer. It is the Contractor's sole risk and responsibility to verify such information in order that he may complete the project as specified and shown on the contract documents. Under no condition will a variation in the information obtained by the Engineer on site or soil conditions, including underground soil or groundwater conditions at the job site, be accepted as a basis in any claim for extra compensation. 00100.04 OMISSIONS AND DISCREPANCIES Should a bidder find discrepancies in, or omissions from the drawings or other Contract Documents, or should he be in doubt as to their meaning, he should at once notify the Engineer. All notice of omissions or discrepancies or request for clarification must be forwarded to the Engineer in writing not less than six (6) days before the advertised date of the opening of bids. Such clarification and corrections as are necessary will be issued in the form of an Addendum to the Contract Documents and will be forwarded to all prospective bidders. Any Addendum so prepared and forwarded shall be a part of the Contract Documents. Neither the Engineer nor the Owner will be responsible for any other explanation or clarification of the Contract Documents. 00100.05 BID ITEMS AND ESTIMATED QUANTITIES The Owner may increase, decrease or omit the estimated quantity of the work to be done under any item in the best interests of the project and the unit price as submitted in the proposal shall be the unit price which the Contractor will receive for any work specifed to be done under that item. All work herein specified or implied in any way in the drawings or specifications shall be done regardless of whether or not the work is specifically defined in any bid item. The Contractor agrees that the estimated quantities shown in the Bid Schedule are only for the purpose of comparing bids and that he/she is satisfied with, and will at no time dispute, the said estimates as means of comparing the aforesaid bids, that he/she will make no claim for loss of profits or anticipated profits because of any difference between the said estimated quantities and the quantities of various classes of work actually furnished or performed, that the Owner shall not be held responsible if any of the said estimated quantities should vary by any amount from those actually measured during performance of the work. 00100.06 APPROVED MATERIALS AND EQUIPMENT Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, etc., it is intended to establish a standard of quality and it will be presumed, unless specifically excepted by the bidder, that the base bid includes the materials or articles so named, and that the Contractor's proposal, if accepted, will constitute a contractual obligation to furnish the standard named materials or articles and no other. To assist the Engineer in making an adequate evaluation, the bidder shall submit with his proposal, at the time bids are received, detailed information and data on the items he proposes to furnish as equally acceptable to the named terms. The data furnished shall include as applicable and needed for evaluation, manufacturer's name, model identification, descriptive brochures, specifications, performance data, guaranteed efficiencies, and list of installations in similar service. Such alternate material, article or piece of equipment shall not be purchased or installed by the Contractor without the Engineer's written approval. Any revisions to the Drawings as a result of alternate equipment shall be at the expense of the Contractor. 00100.07 SAMPLE OF MATERIALS Before any contract is awarded, the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all materials to be used in the work, together with samples, which samples may be subjected to the tests provided for in these specifications to determine their quality and conformity to the plans and specifications. 00100.08 PROPOSAL FORM All bids must be submitted on photocopies of the proposal form bound within these specifications. No proposal will be considered which is submitted otherwise than on the prepared proposal form and in the designated manner. The blank spaces in the proposal shall be iilled in correctly where indicated for each and every item for which a description is given, and the bidder must state the prices for which he proposes to do each part of the work contemplated, and the total amount for all the parts included in any or all of the combinations of the work. In case of discrepancy, the written words or Unit Price , where stated, shall be considered as being the bid �� �� price. The bidder shall sign his proposal correctly. If the proposal is made by an individual in addition to his signature his post office address must be shown; if made by a firm or partnership, the post office address of each member of the iirm or partnership; if made by a corporation, the person signing the proposal must be President or Vice-President of the corporation. No proposal will be considered which is not based upon the complete plans and speciiications, or which contains any qualifying letter or written memorandum not permitted in these specifications, or which is not properly made out and signed in writing by the bidder. The proposal shall be submitted in a sealed envelope bearing the name of the Contractor and describing the project for which the proposal is being submitted. Proposals will be accepted by registered mail, and then only if the proposal is enclosed in another sealed envelope contained within the mailing envelope and is delivered to the Owner prior to the time established for opening bids. 00100.09 WITHDRAWAL OF PROPOSALS Bidders will be given permission to withdraw any proposal after it has been received by the Owner, provided the bidder, or his agent duly authorized to act for him, personally appears before the Owner with a written request prior to the time set for the opening of bids. At the time set for the opening of proposals the withdrawn proposal will be returned unopened to the bidder. 00100.10 BID SECURITY Each proposal must be accompanied by the bidder's bid bond or certified check made payable to the Owner in the amount specified in the proposal form, which sum will serve as bid security and will be forfeited to the Owner as liquidated damages in the event an award is made and the contract and bonds are not promptly and properly executed as required in the specifications. All certified checks, except those accompanying the two lowest bids, will be returned by certifed mail to the unsuccessful bidders within seven (7) days after the date of the bid opening. (If the signing of the contract be deferred for a period exceeding two (2) weeks, and the second low bidder desires to substitute a bid bond for his certified check and the bid bond fully guarantees his bid, he shall be permitted to do so). The certified checks accompanying the two low bids will be returned within three (3) days after the Owner and the successful bidder have executed the contract. In the event no contract award is made within the time limit specified, each certified check or bid bond will be returned upon the demand of the bidder. 00100.11 OPENING OF PROPOSALS All proposals will be publicly opened and read, on the date, at the place and commencing at the time stated in the advertisement. Bidders or their authorized agents should be present. The Owner reserves the right to reject any or all bids or parts thereof. Proposals may be rejected if they show any omissions, alterations of form, additions or deductions not called for, conditional or uninvited alternate bids, or inegularities of any kind. Proposals in which the prices are unbalanced may be rejected. The Owner reserves the right to accept the bid that will best serve his interests. 00100.12 METHOD OF AWARD Bids will be compared on the basis of the total costs of estimated quantities established in the proposal form, constructed at the unit or lump sum prices bid for the various items listed. The contract will be awarded to that responsible bidder whose proposal totals the lowest number of dollars for a complete installation. The successful bidder will be officially notified in writing by the Owner of the acceptance of his proposal and award of contract. This notifcation will be made within the time limit set up in the contract documents. 00100.13 EXECUTION OF CONTRACT The bidder to whom the contract is awarded must, within ten (10) calendar days following Notice of Award, present himself to the place designated in the ofiicial Notice of Acceptance, for signing of the contract, and to substitute for the bid security, a surety performance and payment bond in the amount of thirty per centum (30%) of the contract price of the work, conditioned that the Contractor will faithfully perform all work of this contract and promptly pay for all materials furnished and labor supplied or performed in the execution of all work. All bonds and insurance shall be issued by companies authorized to transact business in the State of Florida. If the lowest responsible bidder to whom the contract is awarded fails to give bonds or execute the contract within the time specified, the amount of the proposal guarantee shall be forfeited to the Owner, not as a penalty but as liquidated damages. 00100.14 TIME OF COMPLETION The successful Contractor shall commence work under his contract on a date to be specified in a written order from the Owner or his authorized representative, which order will also establish the completion date in accordance with the total number of consecutive calendar days established as a working period in the proposal. The Contractor shall have at least two (2) weeks notice of this commencement date and shall fully complete the work described in these plans and speciiications on, or prior to, the completion date. If the Contractor fails to commence work within seven (7) days of the announcement of the official starting date, this shall be just cause for the annulment of the contract. 00100.15 LIQUIDATED DAMAGES Should the Contractor fail to complete his work on or before the expiration of the date set for completion or as provided in the Contract Documents covering extension of time, then the Owner may retain as liquidated damages the amount established in the proposal form, which amount is agreed upon as the costs which the Owner will sustain per diem by the failure of the Contractor to complete the work at the time stipulated and the sum is not to be construed as in any sense a penalty. 00100.16 EXTENSIONS OF TIME If the Contractor shall be delayed at any time in the progress of the work by any cause beyond the Contractor's control and without his fault or negligence, including but not restricted to any act or neglect of the Owner, or of his employees, or by any other contractor employed by the Owner, or by changes ordered in the work, acts of God or of the public enemy, fires, floods, epidemics, quarantines, strikes, lockouts, riots, civil commotions or freight embargoes or by delay authorized by the Owner, or by any cause which the Owner shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Owner shall decide. No such extensions of time shall be deemed a waiver by the Owner of its right to terminate the contract for abandonment or delay by the Contractor as herein provided or relieve the Contractor from full responsibility for performance of his obligations hereunder. The Owner shall determine the number of calendar days, if any, that the Contractor is in default in completing the work to be done under this contract. The decision of the Owner shall be final in the case and shall be binding and conclusive upon all parties to the contract. 00100.17 CERTIFICATE OF INSURANCE The successful bidder shall submit certificates or other documentary evidence to the Owner for approval, covering Workmen's Compensation Insurance, Public Liability, Property Damage Insurance, and Special Hazard Insurance, in the amounts specified on the "Summary of Information to Bidders." 00100.18 DETAILED BREAKDOWN SHEET AND SCHEDULE OF PRICES The successful bidder shall submit, in a mutually acceptable form, a detailed breakdown sheet and schedule of prices of the proposed construction work. Until the Owner approves the breakdown, the Owner will not be obligated to make any payments to the bidder. 00100.19 EXISTING MATERIALS AND EQUIPMENT All existing materials and equipment not specified for the complete construction of the project, or shown on the plans to be retained or reused, shall remain the properry of the Owner and shall be placed on the project site as the Owner may direct. 00100.20 QUALIFICATIONS OF BIDDERS In addition to qualifications previously set forth in these specifications, no bid will be considered unless the bidder, whether resident or non-resident of Florida, is properly qualified to submit a proposal for this construction in accordance with all applicable laws of the Municipality, County, and the State of Florida. 00100.21 STANDARDS This project shall be completed in accordance with these specifications unless noted or otherwise directed by the Owner or his authorized representative. The decision of the Owner in interpreting these specifications shall be final. SECTION 00140 SUMMARY OF INFORMATION TO BIDDERS 00140.01 - OBTAINING PLANS AND SPECIFICATIONS A complete set of bidding documents may be obtained at the office of City of Clearwater, Purchasing Department, 100 South Myrtle Avenue, Clearwater, Florida 33756. Also, these documents may be downloaded off the City of Clearwater website at http:/lwww.mvclearwater com/apps20/cityprojects/invitationtobid aspx 00140.02 - OWNER The Owner for this project is the City of Clearwater (d/b/a Clearwater Gas System), 400 North Myrtle Avenue, Clearwater, Florida 33755 00140.03 - CONTRACT The contract is entitled "Replacement of Antiquated Gas Mains, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations" 00140.04 - BID SECURITY Each Bidder must deposit with his bid a bid bond in the amount of ten percent (10%) of the bid total, made payable to the City of Clearwater. All bids may be held for a period of 60 days after receipt. 00140.05 - TIME OF COMPLETION The time of completion for this contract: 12 months from contract execution 00140.06 - INSURANCE REQUIREMENT5 The insurance requirements for this contract include but are not limited to the following: Liabilitv Insurance. The following Liability Insurance shall be provided, paid for, and maintained during the entire contract period: Comprehensive General Liability and Auto Liability Insurance on an "occurrence" basis in an amount not less than $1,000,000 combined single limit Bodily Injury and Property Damage Liability Insurance. Worker's Compensation Insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida Law. Professional Liability/Malpractice/Errors or Omissions Insurance, as appropriate for the type of business engaged in by the vendor, shall be purchased and maintained by the vendor with minimum limits of $500,000 per occurrence. Additional Insured. The City is to be specifically included as an additional insured on all Liability Insurance coverage described above. Notice of Cancellation or Restriction. All Insurance policies must be endorsed and provided to the City with thirty (30) days notice of cancellation or restriction. Certiiicates of Insurance/Certified Copies of Policies. The contractar shall provide the City with a certiiicate or certificates of insurance showing the existence of the coverage described above. The contractor shall maintain this coverage with a current certificate or certificates of insurance throughout the term of the contract with the City. When specifically requested by the City in writing, the contractor will provide the City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies shall be provided to the City whenever any policy is renewed, or obtained from other insurers. The certified copies will be provided to: City of Clearwater Attention: City Clerk P.O. Box 4748 Clearwater, Florida 34618-4748 The contractor shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from any performance under this contract, or a subsequent purchase order entered into by the City and the contractor, its employees, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. The contractor acknowledges that it is solely responsible for complying with the terms of this contract or purchase order. In addition, the contractor shall, at its expense, secure and provide to the City, when requested all insurance coverage in this contract. Any party providing services or products to the City will be expected to enter into a written agreement, contract, or purchase order that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any contractor, bidder or provider of services and/or products to the City. io 00140.07 - SCOPE OF WORK In general, the replacement work will consist of approximately sixty (60) miles of antiquated gas mains located within five (5) distinct geographic areas, which are defined below and shown in more detail in Appendix A. The term "antiquated" represents all uncoated steel gas mains and service lines, to include cast iron, that are currently serving customers within the Clearwater Gas System service territory. The bidder who is awarded the annual contract will perform replacement work schedule in the order listed below: 1. WEST (12 miles) — Downtown Clearwater 2. GATEWAY (10.4 miles) — Entrance to downtown Clearwater 3. EAST (10.5 miles) — Eastern most sections of Clearwater 4. NORTH (13.7 miles) — All areas located north of Clearwater 5. BELLEAIR (12.4 miles) — Generally located within the Town of Belleair The bidder is expected to replace approximately 12 miles of gas mains per year, which includes all associated service line, gas meter and piping connections at each customer location. However, if bidder projects to complete more than the minimum replacement footage (mileage), their unit price bid should reflect such costs for the projected mileage and not the minimum requirement. The work to be performed under this contract shall consist of the furnishing of all labor and equipment necessary to satisfactorily complete the City of Clearwater: "Replacement of Antiquated Gas Mains, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations", including written logs, as- built drawing of gas main and gas service line piping installations and provide all meter/customer piping connections and required Integrity testing of customer's piping and reestablishment of gas service in accordance with these plans and specifications. All workmanship shall be fully guaranteed for a period of one year after date of acceptance by the Owner. All Testing shall be paid bv the Contractor. All Professional Survevin� and iob stake out includin� placement elevations shall be paid bv the Contractor. 11 SECTION 00310 PROPOSAL TO: City of Clearwater The following proposal is submitted in accordance with your advertisement inviting proposals to be received until Februarv 17, 2012 for the construction of "Replacement of Antiquated Gas Mains, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations" Having carefully examined the contract documents together with all addenda or bulletins and being familiar with the various conditions of the work, the undersigned herein agrees to furnish all materials required and to perform all labor necessary to satisfactorily construct the "Replacement of Antiquated Gas Mains, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations" in accordance with the plans and speciiications for the unit prices stated herein. Accompanying this proposal is a Certified or Cashier's Check or Bid Bond in the amount of ten percent (10%) of the bid total drawn upon the BANK and made payable to the City of Clearwater, to serve as bid security. The undersigned hereby certifies that this proposal is genuine and not sham or collusive, or made in the interest or in behalf of any person, firm, or corporation not herein named and that the undersigned has not directly or indirectly induced or solicited any other bidder to submit a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. The undersigned Bidder agrees to accept the unit prices as full compensation for work performed. ACKNOWLEDGMENT is hereby made of receipt of the following ADDENDA issued during the bidding period, if any: Addendum #1 Dated: Addendum #2 Dated: Addendum #3 Dated: 12 ATT`�ST, � _ , t ; '- �-�.;:. �w �' � � ��..��rl� ,�.,. ___.. Cc�rporal� 5ecre at ry � �FFE ;: ; �JF;E'C�i�A'iC SE�AL. it a ct�rra�r�iion � �I�rit3a Gas � Electric �t�rp. Biddcr's Busin�ss'�Tamcj .� � � R �Fj J By: � °'� �' � � �`�. �, f � �. C}fficer c�r f'rir�al� `l'itIe J'�cp �resi�ent �'. �. Bc�x 28� $usiness �,ddress i�ade Ci� FI 33�26 Busirress Cit�{/Statel�ip Cc�de �8i3] 995-Q019 ... � Business Te(ephane �umber �it�� c�fCl�ar�uater Clear�vater �a� Sy:7kem Constructic�n Cantract E3ase E'riu�. The ba�� pric:e includes all necLSSary canstructit�rt, including IiL�e tie-in c:anz��;ctic�ns i�l c�rder ta prc�vide a ct�rnpl�t� main or sen°ice line inst�liatic�n ready for thc; trans�artation �f r�azural �as ac:cordin� ic� �(earti�vat�r Gas Sy�tem (C�S) standardsic�pc:ratic�n and maintetroanc� mar�ual, It sha11 alst� it�cludes irtstaliing the c�mplete m�ter �et �nd ccrnnectin� trr the custc�tner'� Yrcru��- pip�in� at tl�e existin� ar c�ffeet lc��:ation; int��rit}� testin� c�f the customer's pipin� system ar�d reestablishment ofgas s�rvice °Che Gontractor shall furnish all [abor anci �quipment, f�11 �a� jc�inin� ec�uipm���t ta be used sha[1 be c��tified �y CUS to 6e in �t�od wc�rkin� cc�nditic�n and suitable f'�r th� intend purpt�s� prior t�.� b�in�,� utilized; inctudin� all toals, anc� servic.es, it�cluding pur�in� nitrc���n �as. r'�il gas relateci rnaterlals will be furnisheci �v� CCiS, and are appiicable tv strin�ent inventc�r}, c:ontr41. h'(�tcrial short��es will require mc�n�tary reimbursement compensatic�n rc� CGS. T`he �c�ll�l��in� priees are f�r (P�} �I�$ti� mains and service tin�s �vith e�cess fic�w valvcs. T"hey m�} inc3uc�e installatic�n t�}' PE tapping tces, 3-44�ay tees and �" w�elci tees vr �rnaller tapging te�s, stap ccack. ris�r, gas met�rs valves. anc3 vatve �c��cs, valve bax ccrncr�te rings, fiCtings, tracer ti�°ire, iest static�ns, iine marker, p�les, barricad�s, bunrtper poles and a[I si�na�e-maint��tat�ce rcc�uired p�r F(�t�T' �peci�cation�; fc�r traffc cont�c�l. Alt tii�ch lin�s and I�ell hc�les mi�st b� n�a�:k�ine ct�m�a�cted tc� appra1�ed �ensit}�. R.equired �nvironmental protecti��n> suclj a� the instailatie�n c�f'silt fencin� acijaccnt tu ���et lands and ptaeernent of stra�v i�al�s or �itt�ilar apprt�ved de�ices at storn� �nlets. Cc�sitrac:tc�r em�Ic�yeGs anti �heir su�rontractors tnust meet th� requirements and int�n� uf t�ae Cc�de saf �ederal R��ulatic�ns (C�'FR} �R P�rt 192.8t�1. [4�.803. 142.845, 19�.807 anc� 19`?.8U9 retatin� t� "t)geratar Quaii�c�tion" �vith rnandatc�r�• knaw�led�e. skill and abilitiesT tcainin� tc� be cc��npleted bti• C?etaber i0, 2[1(}5�. The contractor must state in writing that t��ir C}perator C,�uali�eatic�n plan is in confarmance G�°ith the rntent af Federal t}peratc�r Qualificatit�n Re�ul�tit�ns and is ,�t ieast �qual to and applicabl� tc� Clear�tater Gas S}�st�n�'s ASME i33I'Q Qperatc�r Qualiitcation Plan. (7t,� and a11 '1'rainin� Doeumentati€�n shall k�e furr��shed upon r�ques�. The Gi�ntractor's (Jp�rat�r Quali�ic��tion Plan must also ex�tain �t�w�� their e�mpEoye�s t�ave the abitity to acie�tify and react to natural �as sela�ed Abn�armal (7�erating Co�ditie���s th�t n3�v la� �ncc�un�ered r,vhile �irc�rkin� c�n the �as pipeline f�cility. Cnntractor Empla�ee C}�erat�r Qu�Ii�c;atit�n. Knowl�dge, Skiil and �bility recards will be kept for a 5 y�ar perit�ci. �ailure ta pro�ridc prc�of of C}perator t�uatificatinn compiia�ncc, and successFut mair�tenance wiit clssc�ual`rfy the bic�der fram cousicierxcion far tlte award of this bid. Traini�g eecards sha0 b� made av�ilabte ta GGS for auditing. Th� Gontra�t�r agrees that it f�as in place, c�r �vilt implen�ent a D�ru� and A(cc��at �Traiuing anc� Testing Pra�ram for their ��ZZplaSre�S that compl}� wit11 the requirements c�f th� �.�nited �t�tes i�epartmer�t of Transportatian, Titie 49, Pipeline Saf�ry Regulations. Part 1��}. A cc��y af #he �Icohal ant! Urug Testing Pr�agram ���ill 6c included in tt�e res�onse to this It�quest for Bid. �1'he c�ntractc�r will also furni�h qua�terl�� sEatistical r�:��arts tc� eG�s' tc� s�vw� acti��� c�a�npli�n�e. �; FLORID:1 G:1..5 c4t "�'� CI��Y C7� C'L.E AR W<�TER. FL�}F�IUa CAS � ELECTRI� C'CiRPQRA'I"�C}N'S C}I'ER.ATUR QU�LIFtCAT1U� ALAN IS il�i CC}Tv'FQR1v1,�NGE WITH TH� 1NTE'�fT QF FEDER.�L QPE�ATC}R (1UALIFICATTC}N RE�ULATIC}NS A'P+lL} I� AT LEAST EQL)�i: �I'4 r1NT) ��PPLIC�BLE TCJ CL�ARWATER GAS �'YSTEM'S �SME B31Q (JI'�RAT�R QUALIFiCAT1f31v PL�T�d. #� � _ , t � ��F S�CiNE�t� 4 � � ___�_____.__ �.�_ ,' � � ; , �r � °;Da��id L, Rua�yan'; � �ce-Pr�si t ['. C). E�€�� 2�E) .[)a�ie C.'itE F]_ ?�?�?C-(7?�ti t)tfi�;�: � 1;.qc}6.(}(}! y. Fax: � i 3��7��(a�L�� ��• I_�-tVl��il. Ir�i ti"u2f�GCCjt-�.cc�m Sf$ it��h Cst C�tv. 9,t?fM ff. � ap�n ��c. t�t�-. �,00a �t, L inch Est. 4�t�°. 1,{�t}� ft. ? inch �st. Qt}'. �7,CiQ0 ft. � inch Est. Qt��. S,Q00 f#, fi inch L:st. t:�ty. Q ft. 8 in�h �si. Qtv. 0 ft. SERVICESIPLA�TIC 4. 2 5 pc:r tt. �.�� ���e�. � . 5 f� per f`t. :�tA I1� SiI'LASTIC 4. 2 5 per f�. 5 . � 0 per ft. 6. 5 a per ft. 5. 5 Q p�r ft. CASLNG PiISHtMIS�iLE �i'S inch Cst_ Qty. 2.f}�� ft. 9.�� per fi. i inch �st_ Qt�,�. 1,0{lOft. �. �0 per ft. 2 irsc;h E�i t�tv. 7,OO�lft. 1 D,{J t� per ft. E�orin� inrludes insertion �f'the carrier pdpe ��=itk�in the casin�, restc�ratir,n, cleanup, ir��ulat�rs. �nd seals, anc� vent poles. Foe afl faores, p��=ment 4���11 be fir�r actual distance �fthe bcare. nai tca 'snclude faatage of entrance and exit pits and instaC[ation e�ftracer ��•ire c�r carrier pipe. � �t8 inch Est. �ty�. �,4t10 ft. I inch E�i. Qt�. 2,U(}0 ft. 2 inch Est. Qt!'. ?8,f?OU ft. � inch E:st. Qt�f. 5,000 ft. 6 in�h Est. {�t�°� {� ft. � inch E�t. Qty, ?Q(} �t. 12 inch Cst. t,�t��_ El ft. rr � ,� 11 . � Q per Si. 1�.Q0 ��rft. 11 . 0 fl �er t"t. 14 . � fl per f#. 16 . fl � �er �t, �. i. G C} per f�. 3 5. t� ti p�r ft. STE�L•�i%aELU, MECA�YICAL c4� PE TAP�'I^�Ci T�ES ? inch Vv'illiam�on �st. C,�t�=. 75 54. Ci� eacl� Sf� 'th7eld Punch "I"ees �.st. (�7ty`. 5C1 5 0, 0� ea�h �t4 Weld ['unch Tees Est. Qty 1 f! 15 .� 0 eac�� I Weld Punch Te�s �st. Qtv. SU 3 S. t? G eac(i Mechanieai �r F'E i-'used Seruic;� T�� Est. Qt��, 1,1{14 4 C� .�� c;ach {saddi� e�am�a, sadcilc: tee:. i'� tee, �nd ��rrap arau�ac3) — SITE PREPAR�TiO� r1N17 R�STt?I2�TIC}1V EXTRA DEPTH DTTCH Vv'ill be paid wh�n �.u�aer exceeds 36" and requireci b� stat�:. c��«nt�. city_ cc�n�truciic�n riquircments, �rr at reque�t i�t CGS. �7" t� ��" c�eptl� 4, 5 C� extr�� depth per �1:. �� �#9'° to 60" dep�h fi 1'' to 7�°, depth S . � � �xtra c�epth per i��t. �. 5 ti ��tra ciepth per f�. �THER F'4Y IT�:?4FIS Meter F'roie�tion F:st. Cjty�. 7� 25 .�0 per ur�it pole �Bumper �'ol�s, ��r � in�h pipe, � f� apart and � fi� deep} Density, if`rec�uired, includes testin� 4. ap �er sq. tt. Shorin�, it required anci ap�r�aed b;�� CGS 15 .�� p�x it. �nst�llatic�n a�'well pc�int lteader pi�e 27 .�fi p4r it. ��%�It pQint runnin� tinle 45 t3 . C�C� p�.r �ia�� SOD Sod n�ateci�l will be supplied. plact�ci, ivatcred and maintaineci f:�r thre� weeks E�r� C�ntra�tc�r antf acceptable t� the Kight �f'V�a�� �utftority. f�ahial�lc�ratan �st. QtY. 84,�0� sq. ft. .�� per sq. i�. �7et�r & Re�uiatt�r Est. C�ty�. . � �GRFAC'E RE�TORATI4N Cut. rem�ve, and replace. Mat�riai pravided i��r Contractc�r Aspha�lt Est�r Qtv 30,OOU �q� ft, 2. Sp per ini;f� thick Limerr�ck Est. C,�ty. 3,04Q sr�. ft. . 25 per inch thic�: Concr�te Est, t��y. 8,OOd sq, ff. 9. G� _ per s�. (�. � 5 a . � i} each Sheil �st. Qt��. l,(�U� sq ft. �. .�� ��r s�. ft. Sri�k removal �st. �ty. i.000 sq. ft. .�5 �ec sq. fi. Bri�k r�pCac�n�ent Est. �t�=. 1,�(��} sq. �€. , 75 per s�. f�. ��ed and �nulGh L�st. Qt� . lt��(i00 sq. Ft. .� 5 p�r sy. ft. 2 inch Est. Qt�� � inch �st. C�t}� � irt�h �st. �t�� PIPE REfVtOVAL l,5Ci4 f�. 3. o Q per ft, 1,�QQ ft. 4. Q4 per ft. 5�0 it. S. � t� per ft. P�; 11NDERG�(?ITi�D EXTERIOR HC}L3SE PIPIi�iG Frttrn �utlet side cafineter set tc� th�: e�t�rit�r appliances t�r h�a�se �ipin� stu6. 4�i11 inclut�e risers on �ach �nd, sic�p c�ck. �ralves and miscettanecrus fittin�s. Mu�t be nc�te� as Flc�use 1'ipin� un alI Envoiccs. Air te�t at 15 ��otinc�s per squar� inch (I�SI} fc�r 24 hvurs required f�r final apprc�v�f and ta�ged with pre$s�re, date and time. Mwst be a �ic�ns�d Plttr�ber or I�P; NaturaE Gas ct�tttr�ctt�r and qualitieti in this discs�lin�:. C:ontraetar is respt�nsi�te far sli cod� defieicnci�s and must furnish payment for coc3� cFi�lati�n�, suc� as lc�ss ofpressure test, improp�r d�pCh. nc� tracer wire etc. Installatic�n also incIud� the placc�ment ar�d in�tai(ati�n c�f si�ht tubes fc�e inspectic�nat puposes S18 inch Est. Qty. SUO ft. 4. 25 �er f't. 1 inch Est. Qt�� 1 tf� inch Est. (�t�� i inch E�;t, C�ty. � in�h Est. �t��. �,oaa �r, ?,0�0 ft. 2,0{}0 ft, i0Q ft. f'� Fused S�rv�icc Type T�� Tees F�st. �?ty 1U0, :�-1�'ay Tee� Est. Qt��. ?j ,� 4 . z � per Ct. 4 . 5 � �er ft. _4 , 7 5 ___ Per 4't. 5. 5 J per ffi. 4 � . U 0 ea�h. 2 S . � � each :! � ! ' ! � The t��t�rk t� b� perform�ti shatl cansist af� the contractor furnishin� all ne��ssaru (abor, tc�ts�s, equi�m�nt, mat�ri�ls, pipe & fittin�s, supPlies> manutacturec� artic:Ies. pc�w=er, and �ssentiai custr�mer c�mm�cnieation, labor, and ather op�eratit�ns ne�ess�r� f'or the mc�difi�ation <�f existin� natural gas house plutnbing to acct�mm�dat� relocatian c�f'[.�a� meters including: obtain�ta� rec�uired permits if a�plicable, insiallation c��new huuse �a� pipes ��• threading pipe, measurin�i' tittin� �nd as�emblin� pipe and itCtings, ne4�� �hut off valG��s. �;�s e��eters and re�ulators and �onnectin� cust�m�r piping from a new t�cation and, subsequ�nt inte�rity pressure fiesting (I?rop 7`��t- utilizir�� a rr�anon�eter)}ofthe �niir� consurn�r� ���vn�d gas plumbin� s}�sterr�, �nd �a�ssin� ree�uirec� inspcctions. �GS will rc:quxre the reestablisl�ing of'the �as �er��ice �nd relightit�� the applicable a�plian��s that gast thc inte�riry pres�ure tcst. Gontractar shali immecliatel� nc�tify CG5 dispatcher c�fttle :`�zt �as" anc� cc�mpletc the rec�uired p�per�v��t�rk, ineludin� the: circ��+ test forrt�, and submit, no lat�r than thc l�ilc��+��ing b�isiness c4avr. "I'he wc�rk sha!! be complete and }�erfc�rmed in stri�t acec�rciance with the �antract Sgecificatic�ns, and in campliance �ith a�l ap�alicable �;c�des; GGS rut�uirements. F'Ic�rida Fuel Gas Cade and incfu�Cry standards, f111 �y�ork, materials, and services n�t expresslv shr���n �r called fQr in the Cc�ntract I7ocuments, ��hich may be necessarv f�r t�e c�omplete and prc�per construetican t�fthe work in goc�d faitli, shall be performed, furni�h�d, nnd ins�ailed b�� zhe C�nzr�ctc�r as tht�ugh ori,ginally s� spec's�ed c�r si�o}r°n, at rto increase in cost to the �it�t. Gas pip� �tt�cr� a�d plurnber� shati �� th�rou�h��� zrained an� experi�ne�d in tt�e sf�ills requirett, and shafl bc �:crmp(etelv farniliar v�ith th� desi�n and apE�licacian of wc�rk descrii�ed. A�! ��p(icable �lumhin�; �nd gas �itters licensin� shaCl be tiarnished it� CGS �b�a�e Uround �xtr:ric�r Hous� �'iping and Meter �onn�ct: Qt,� 1,�(?0 25p . 06 each t �i i ' * ! . ! ' � 1 Tt�e Contractc.�r shal! rsc�tif}� all resid�nts alang the cc�nstru�tiar� r�ut� �vith a printed dc�c�r han��r nc+tice indic;atir�g t�7e fr�llow�ing information abouE the �rcpcased cc�nstructi�n and the C'orttractt�r �erformin� the �y°c�rk. GGS lt��fl (pra4ided tc, Contractar c�n disk); the schedul�c� start' date; the. t��e ofconstruciian; �eneeat sequ�n�e and scheciuling �fec�nstruetion ev�nts; Gc�ntract�r's name; Contractor'� a�dress; C�?ntractc�r's �hc�n� nurnber; and Superint�nc3�nt's nam�. A s�rr�ple duc�r t�an�er is aitac�ed tr� Chis� doct�ment and shall b� printed t�n bri�I�tly c;t��ored car�r3 st�ck and a mirt`rmum of �'�'�„ � 1 i" in size. A sample doar han�cr inclUdin� proposed lan�ua�� shall b� apprc�ved l��r C:G� �ric�r ts� the �tart afcc�nstructi€�n, �Iotifi�atic�n (€3c?i,r han�er) sha11 be post�ti tt� residenees and businesses direcity af��c�ed bv th� �c�ntr�ctar's ��ti��itics no lat�r t}xan t�ua (?} days pric�r to start c�f canstruction, Dir��tly aff�cte�1 �y Cc�ntractor's activities shal[ mean aIl Cuntr��tc�r c�peratic�ns `s��cludin� st��in� are�s, �uipment aa� material stvra�e, gr[ncipal acc�ss r�utes aeross prirate gr�p�Ry, �tc, Contr�ci�r cann�at start E��ithout prc�per twa (2) dayr notice period to resitients. Ccantractor i5 a1�o required tt� rnaintain suffitienT staff tc� ans�rer resident inquiries durin� n�rmal iausiness hour5 an�3 tc� maint�in messa�e recc�rc3in� �qui�m�nt to receive resident inquiries af2er busin�ss h�urs. yw �ontr�ctc�r Supervisor em�rs;ency' pllt�ne numb�r shall k�e prt�vided and upc�ated as ne�essar}� tc� the CGS Dispatch u>hich operates 24 haurs a day, 36� da}t5 a year. ,, � s�crra?� oo�zu �IL1 'I"A13ULATi��T SL�iV���ItY ITEM N{,l. AI�'IC►U�T I Sen�icesiPlastic � s�,��a.a� ? MainsR'Plastic � �a�,2s�.�� 3 �'asin� PushlMissii� S �.� , � � � . � � � I)ir�ctic�na[ E3c�r� � ���,���.�:� Steel Weld, Nlechanical and PE Tap�in� �I'�es � �V�l�ldin� b�Y Cc�ntt-actar} � �� , ��� . �� ' 6 Sit� Pre�aration and Restoration � �.�t` 7 C}th�r Pa�° Itetns � � . � � 8 Met�r S�t � a�,}��.�o 9 Sc�ci � t�s, ��� . u� 1 � St�r�ace IZ�stc�ration � zsz, �� ; , c�a 11 F'ipe Itemo�r�� $ 13,��J�.b� 12 PE t.?nd�raround E�terior I-Iausc: Pipin� �- � ��,��c�,�t� 1 � Abc��°e C"Jrc�und �:xterit�r Hause Pipin� Mc�tc�r Ccanncct � �,� � t � � � . � �.� �rc��r�,��ns�:���r� ��.,��o,�o�.�a Tc�tal Sase �3i�i iri Va'ards �ne *��l�i�;-; �ix ::undr��z Fortv ihousar.d �'h�ee Hunur�u ar.P�� �cfl=J� 1�41iats f� ��CTi�'�` Qf►33Q FLC.iI"tIllA TRFNCF[ SAFETY �1CT ACi�`�C;'V4'LEDGI��E'�T �E2UJECT: Replac�emtnt Qf Antiquated Ga� '4�lains, Ser��ic� C.in�s, Gas Meters and Pipin� Cc�nnectit�ns tn Ccasit�mer Hause Pipin� and �eestablishment �f Gas Servic� at Various Lc�catians BIDllER`S NA�YiF: FIa�-�ca Gas &�lectric Cc����. Bicid�r acknatiuEed�es tllat inciuded in the varic�us items uf t17e prr�posal in the `E'atal Bid Frice are cc�sts for �c�mplyirl� �vith thc Florid�a 'Trench Safety tict t:9(i-96, La��:s raf Flnrid�} ef'fective C7ciaber i, i 95?U. T(7e bic�der furtt��e identi��s the cost� #o be summaria.ed b<:io�v: 'i'rench Safetr M�asure , (t3Lscriptic�n� L'rrits t�f �v'leasure t�init (Li�. S�`} {t���antit� 7 td'nit �cast �F �;� zs.o� *'I't?i'1�1..; �Ytenci�:d Cost � * This iutal �rnount is incidental to the c�ntract hici price and is provided t�nl•�� as k�idder a��nov,�Ied�ment c�f'the Flr�rida Trench �atet} �ct. � * "1"he C'sty af Clearwat�r ha� enacted addiiiona� shorin� cequirem�nts, within the Citg° Iimii� adrr�inistcred by� the Cleanv�,ter F`ire I)epartn�ent Failure tcr cc��n�lete the abc�ve may result in the l�id b�;in� c1ecl�arGd non-respc�nsive, -i , � ��� �'� ;�� f� ' �:��� Bid �n� Contra or Signatu' �� �E�Tif)�'�' 003�0 PUBLIC EI�iTITY C'RI:�IE� STATEMENT SWC7CZ;�! S'I`ATEMENT [�NDEFt S�CTIOTV 2$7,1.i3{3)(a�, F`LQRIDtI STA'1"GTES. ON At�4BLfC ENTITY` GRI�I�S. "C'I iIS FQRM �1U�T CiE SIGiv`EI3 !iti° `T`HE Pt2�St�Pt1C:E tJF ,� �tiOTAR.1' PUSLIC C}R t� 1"f-IE:R O�'F°ICCAi., r'Ii�TH�JRIZ�D Td AD1Vi��TIS"CER t?�T°1{S. 1. 7'hiS �4�'[tT"tl $#ateS]'Setli t5 SttEriiliitec� tc� 4:itp �,t'cicar�+•:,ter ¢�Srint n�mc �af zhc pubti¢ e�tity} ��' �avici L. Rar,yar. Vice Pxesrae;�t (Print ind�vidu�l`t numc an3 titl�J fiar _�'lc�r�,da Gas & Elec ri� Ccsr�_ i�ri;ri nama of entit�; submitt�ng sw�m �ta�tamcnt) wlac�s� busi��ess address is ?. G. B^x 28(t Dafle G;tY FL 33526 and (iiappiicable) its Federai Emplover ldentificaticrn �vurnbcr ��F1N}is (if the c:t�tittix i�as no FE1N, inclur3e ihe Social Security l�lumt�er cafche in�ividual signin� ti�is SVVtim 5tat�tri�qt: �9-353€} �G(} _._ ...___)- ?. l un��r�t�nd thai a"publie entit}° crime" as define�i in Para�raph 287.I33�i)(�). FIari�a Statcizes. rn�ns a itic�latiart �fan�f state or fedcral ia�� �y� a�ersQn �c�ith rLSpect te� and dircct�y r�iated tn t}�� transaction ta1'` �u�►ness rvi2h any �ublic entity c�r with att a�ency c�r �litic:ai suk�ivisic�n t�f an�� oth�r state or �rftt7 the United Statc:s, incltzdin�;. but nc�t Eimifed t�, arsy bid ar ec�ntraci fcsr �aads c�r senices t� t�� grovid�d t+� any public entit� or an a�ene} c�r �olitical subt�ivision t�f anka otia�r sta?� c�r c�f� th� United States anci invoi�rin� antitrust. fraud, il�e€t. briberv, collusic�n. rack�teeri���, cc�nsgiracy, c�r material misrepresentation. �_ I und�er�tand tbat `"�t�nvict�d"' or "cc�nvicti�n" as defir�ed i�n Para�raph 287.133� i)(�), Flori�� Statuitis. m�a�ts ��nding of �uiit c�r a cc�n�icti�tl c�f� a public �;ntity crime. �v°ith or withraut an acijudication of �uili, in any fe,derat c�r state trial co�� of° r�cord relaiin� tc� cl�argc� brou�i�t b�� indictment or infQrmation �fter.tultr !, 1989. a� a re��it �fa j�ry verdict, nc�r� ju� tri�l. €�r entry� of a ple� �i �uiltv �r nalo contendere. �_ C under4tand that an "affiliate" �s detinecf it� Para�r�ph 287.133(1 }{a}, Flarida Statut�s, means: 1. A prcdc:cess�r c�r successor af a p�rsc�n cs�nviet�d Qf a pub�ic �ntity crim�: or ?. �n � ntitv� under Ehe cc�ntrol af any �iatural peesc�n u°ho �s ae�ive �n the m�rta��mc nt of� tlic erttit�° a=.id ��ho has be�r� canvi�ted of � pu�ilic �r�tit�� crirr�e. 7'he term °affiliat�"' in�:lude� thc�se c�ffiee�rs, directt�r�, ex�cutives� �artn�rs, sharel3ald�rs. �rrz�loyee�, mernbers, and a����ts ���t�t� are active in the rr�ana�em�nt of an affiliate. Ttze a�vn�rship bv one persc�n of sl��res �ar�stiturin� a �onTrcrllin� inte�rest in anc�ther pers�n, or a pac�ling of �quipment or incorne amon� pe�c�ns 4vl�e�� nc�t it�r t�ir znark�t valu� under an arm's l�n�th a�rc�ment, sh�ll be a prirr�a f�cie case th�t c�ne �e-rs<>n cr�ntrals anoth�r persQn. A F±e.nan wl3cr kn€awin�ly ent�rs inio a joint venture with a pers�an ���ho has been c�nvicted Qf a public �ntitv crim� in �3�rida dur�n� ti�� �receding 3t5 months �hali t�e �orisidered an affidiat�. :+. i�incierstand L�a# a"persc��" as defin�d in t'ara�raph �87.133(1)�c), Floricia St�tutes, mean� anv r�atural persc�n or entity or�,aniz�d ut�dc*r t�e Sa�s c�f arE}� state or of �he Unite� Stat�s wit� th� le�a! pc�w�r to enter into a binding eontract and �r��h2ch �iids c�r a{aplies tc� bici on ct�rttr�cts tor the �rt�visior� af gocxls ar seruic�s Iet by a pubiie entit��, c�r which �therw�is� transacts ar appiies tp transact 6usiness wich a public entiC�. The teran "�erson'" includes t}�os� offcers, directors. �;xecuti�les, Partners, sharehfftders, �m�l€�y�e�, niembers, and a�ents whc� are activ� in tnanaQement t�f an entity. G. E3ased an ini'ormatiar� anci bc[ief, the starement ti��hich I h�ve marked b�la�� is true in r�latio� tc+ zl�te entity ;�t�bmitting this swQm statement. {i�l�ase ir�dicate which st�temer�t appli: s.� •4 ?� '��ither the entity submittin� this swcarn st�te�ner�t, nor a:nv Uf#ic�rs. �irecCOrs, executi�{es. `'�'� �partners. shareholders, �mpl��ce...�, n1em��ts, c�r a�ents w•t�t� are active �sa mana�em�nt of ti�e er�tit��. nc�r atty afflliate of thc eniitF� haue �ec,n cf�ar�ed witt�s and convicYed caf a�aubl"rc entitw h w-irr�e subsequent to July t, 1+�$�I, 'z �`� ��'� 'I'11e entity submitting this s���orn sta�ztnt;nt. r�r t�n�� �r morc� o� the o�ficers, directors, eYecutives, gartn�rs. sharehoCdcrs, ernployees, memt�ers, ar a�ents �vhu are active in rnana�e;ment c�f t11e entitv, oc an affliate af tlt� entity� E1as been cttar��d ���ith ar�d conti�icted �f � putalic entit� , crime subse:qu�ni tes Ju1y 1, 1989. �. 4� �C�he tntity submitting tl3is s���arn �tatement, or �ne �ar nzore �f its c�fficers, dir�ctors, ;� cxeeutive�;, partner�. sh�rehold�rs. ernployees. rz��mbers or a�,estts �vnc� are aciivz in the man��4ment oF the entity, ar an af#iliat� c�t the entiiy h�s be�n char��d with and convicied c�f a `�'"J pu�lie erttzty crime suasequeizt to Julv 1> 1�89. E�ioti�ever, there has been a subseq���nt praceedin� befvre a}-learing Ufficer af the State c�f Floricia. Divisiort crf ,�dminifitsatiue Hearings and the x=anai c�rder �ntered by tt�e hearin� U�ficer determined that it was not in the put�lir Interest t� place the ���tity subtt�i�tit�,� this sw•arn statement c�n the cc�nvicted vendor list (attach a copy ctf the fina! orderj. I�.�°I3ERSTA?�D f("�-tA`I' THE SEJBfvI1SS(C?i�i C�F THtS FORIv� `I��? THE �C?Nfift�CTI�tG (:iFF1��Fi E�OR TH� F'LI�LIC CNi'[�"Y IDENTIEIED 1N P:�R.AGRAPH 1(i:�NE) AB�VE IS FUR "i"l-{�T PL�BLt� �NTITY C�?tii,Y' A;VI?. THAT THIS FOR.R�I iS l?ALti� T�IEZC?UGH L7EC�Mf3FR 31 C7F THE CAL�E:NDAR Y�-AR [N WHICH (T IS FI�,EI�. I AL5�7 LNpCRSTANI� THAT I AM R�Qt�tRED Tfl INFt��,Vl `I'HE f't,`BLIC ENTITY PRICR TO L�N.I`�Rl�'G S'�lT4 � CC1N'�RA�T I�J CXCESS C.)F Z'H� i"HRE�Ii(JLD :�tMQtlktlT PROVII?EL? IN SE�'7`tC�N ?8?,t}17 FLCIRII7A STATU'1"�S Ft)R C,�T�GC)RY` 1"V�'G C3F ANY �HANGE 1?�i T'I�IF Ii��G}RMATl�N Ct:�NTA[?�iEt� tN THIS F(�I2�Vi. 1 � ' , z� ��; s C'Si�naturej ���=e�rn t� a��� �ul�scri�ed l�efcrre me this ;.z�t� d�y c�f F��rua� ,�C�I*�. ..:� P�rs�r�all�• kncaw�n C7R Prvduced [�entificatian (]'tipc �3f icic€�tificati�tnt .�t _m y �i fr �� �1.+. ' i •� � �C��t.t�`,:. �-c``•—.-, 'vc�t�rv P 3ic - Stat� uf F'lorid� �rtti� Cc?mmission ex�ires � 2/�?12ci1a 1=orrn PIJR ?{}68(12�v.U6/12if92� N�rv �,. F'atz3.son #Prinie�i, t}'pet! �.�r scampea� Cnrnmi�sioned namc �t�natan puhlii} MARY A. P�RUISt?N N(3T�lRY Pl.iBt.lC STATE +0� FLC3Mt1D�5 , Gomml� EE153�6 Expires 12l17/2[3!5 � THE AMERICAN [i�STITUTE QF ARCH�TECTS r• .. , � +� � • • KNOW ALL MEN BY THESE PRESENTS, tha! we Fla�rida Gas & Electric Cc�rp., P C� Box 28Q, Dade Ci#y, FL 3352fi as Princip�i, hereinafter called the Principal, and The Gray Insurance Campany, P O Box 6202, NCetairt�, LA 7�049 a corpar�tion du(� ar�anized under the laws of the Stat� of Louisiana as Surety, hereinafter call�d fhe Surety, are held and firm(y baund untc� Gify o# CEearwater {dlbfa Clearw�ter Gas SysEemj, 440 North Myrtle Av�nue, Clearwater F� 33755 as Obligee, t�ereinaFter ca!!ed th� dbligee, in the sum af T�N Percent of the azs►aunt hid C�t�llars i$ 1fs4,03C�.0�} ) for the payment gf wh�ch surn weli and truly tc� !ae rnade, the said Rrinc�pa! and the said Surety, bind ourselves, Qur heirs. exeeutors, administrators, suecessc�rs and assigns� Ja�nily and severaily, firmly by tit�se presents. WHEREAS, ihe Principai has submitted a bid for Bid No. 10-12, Replacement of Arttiquated �as Mafns, Servtce l.ines, Gas Meters and Piping Gonnectit�ns tt� Cuszomer House Piping and Re-es#ablishmenf �f Gas Service at Vartous Locat%ons NUW, fiFicREFQRE, �F the C}bfiges shalf accepk tt�e bid r�f the Principal �nd it�e Principat shail enter into � Ce�ntrac� with the� (�bt�gee #rr acc�rd�nce with the terms of such bid, �nd giva �ueh hond c�r �bands as rnay be speci�ed in ttre baddin� crr Cc�ntract Qocumenfs with gaad and sufficienf st�r�ty for the faithful p�rfarmanc� a# such Gontract and fc�r the prornpt paymen# t�f labor and m�terial furnished ir� tha proseGUtitsn ttter�c�f, or in #he euent af tt�� failure of the Principal to enier suc�i CQntract and grve such t,and or b4nds, if khe Principal sh�!! pa�r fio the (�bfige� the d2fferenc� not #a exceed the perralty hereof belween the arr�ount specified In said bid and such larger amaunt fnr which the C1bligee may in goad €aikh cantract with ar�other pa�Ey to per4orm the Wark covered by said bid, ther� tihis obligation shatt be null and void, otherv�ise ta remain i� fui# forc+a ar�d effeci. Signed and seal�d this 77th day of Feb____ rua �rv � 2ti1� . __�� .� � . � �.�.:.� l ; . � ______� � ���.k ,�,_�.- ��in�s�� v , , � �° �j ' �;N�,€ :.�` ��. (yti+itnes3) AiFi ClQCUMENT A�?G - 81C7 �St7N(i - AfA - fE&RURRY i�t(i E6 - TNE AMeRkGkN 1N�7i'iJT64F - ARCHtTECTS i T351�t. Y kVE. N W WASHfMGTQNk A C 2Q[tf5fi Ftarld�t Gas 8 Eiectric Car�7. �tP tiC ai) (Seat) �, ' � �� � � G-2�24�-rS THi� GRAY t1tiSt�RA?Jt�� CC)4iPAi��` � fiHE C'.aRr�S' C`.AS(�xrli.�`l` e� SIJRETY �OMPAItiY ; CE;�`ERAL P4WE,t2 {)F ATTC}RitiEY ' � I{Nt}t� ,1LL E�`�` THESE F�RESE`�7'I`S, TH�T"i'iie Grav Insurance Gc��np�sn4 and The Ge�y Cas��alt�� & Sr�ret} Com�aan}�. cor�oratinns duty � nr��nixed anci �xisting i�n�ier 4he l�ws of Lt�uisiana, a��d having their principal oflices in ;4�fetairie, Lauis'ra�na, dcr h�reby m$ke, e�nstitutc, and appc?inc � Eienjamin i{. �rencE�, D�le W�Idor�; Ken�eth ��agne 4Y�[kcr, Paroela �..larma�. Sheree t�'. Lewis, Ctydc D. itare. ar�d Pau! A. Lt�cttseio of � Ft. '4Y�Iton �each, E`larida jo�nkt� ar severalty on hchalioFcaeh of the �ampanics r�amed abc�ve its tzvc �nd lawfiil Attc�rney{s�-ia-Fact, to mak�, � e±te�u[e, scal a�td duli�=er, �'ar and o� its behalf and a.� its deed, bonds, ar aiher tvritir�gs tabligaCOry in the r�atu�e af � band, as surcEy, cor�tracts nf � �uretyshi� a.� src ae may k�c requircd ar p�rmitteci by la�v, regulation, contract ar othcr�vise, provisfed thet na bond ar undcrtakin� ar eontract of � suretyship exccute�i und�:r this authQriEy shall excced the amaunti c�i�li�,(?OO,QO{�. `i'his Pt��er af Attornzg� is �rsnted and is sign�l by facsimilc under end t�y the authcsrit+}• ot'the P�ilo�vin� R�sotutiQns ad�pt�d by �he Baards cr� t�irectors �f bnth 1�he C�ray lnsur�nce Cam{aerry and Tl�e �`rray Casualty ,3: auret� Compan� at me�tings di►1} c�llesi an� held �n the 2&�'tlay csf.3an�. 2(l{}3. "ftL501.`�Gi�. that thc President. l:xecutivs; Vice Pr�siden4 anu �'sce k'restdent, os thc Seerctan� �e and eacl� c�r �ny aaf thcrn hereb4� is authorir_eti t� cxccute �s �ors�er ofAttomey qualif}ing the attcarcae> narrtetl in the git=en F�4ver of.�lttc�mero• ta e�ecutc �an hcttatf crf thC Gamp�n}� bvncl5. undertakings, an�i all cc�ntraet,t ot�suref}�, anQ that each �r an}� c�f rhem is heretry authc�ri�eci tc� attcst ta tize �xecutican ��t" �uc:h }'+at�er �f Attomey, ar�d 4t� attach tbc seai of thc t:an��ann}', and `st is Fl,;K"t�HF.R RE:S{�IaVEE). that the signature ofsuch afficers and ihc seal nf th� Ct�mpany may be af��+ed to art;.r such F'�1ver ofAttarnc�� c+r to gnv c�rtifi��ctc relating iFser��z� by f�csimite, aztd �ny such Poc;�er c�� Atcomey t�r eertifieaie be:arin� su�h facsimile si�natuxe ar fsesimite seat �hali �ie t�inding ugan the C.�+mF�n}� ncaw and in the future when so affixcd �vitis re�ard tc� �ni� ban�, urdertakin� ar eontraci c�f sUret}, t� uhich it is att�eh�d. I;� 4ViTNFS� WHI:RI:C)C, The Ciray Insurance Campanpy an�t The Gra}� Ca�ualty & Suret}° Ccamp�ny have �au�ed �heir c�ffi�ial sc�ls t�t t�e her�into ut`fixeei. an�f these �resents tca he �igned by i3reir aui:horiz�d ofiicers this Sc�tcmbcr i 2, 241 I. % . �UR+�,y l��r' �I��'"����iMiM"'�- � Attest: ��%�������� f sk,�...`^'^ya�q .'� '".� f� ��,���;s',,,F.�,r, �,n. �r#r�'� +�''s�' �" �,�`"� � F �.� '" f �°�' �,i�%/� j y� � a� 5 E,�L �D Michaei T. GrAy ��� �dark 4. 14angirna �E �i�$,L ,�F"e g-- :� President,'I`fie Gra�� insur�nce Com��ny Secretaryr, ,ar --�� �`.,,,�».»,.r� �d 't`h� Gr�y� In�urarice C���pany, ' � # Vice Prrs'rc�ent, 'I`h� Gray Gz�ualtw �C 5ur�t�z Gon�pany The Gra} ��cuatt}� & Sureiv Cx�mpany 4t�tc c�f l�c�ui43,tn� ss; Paris�r �rf T�:#�erson t�n tt�is Sc�ptern�c.r I2. �(}11, before m�. a l�otary' F'uhlic. persondtly appear�d �1iChael 1'. Gra4. Presicitnt af Thc Grav insttranc� Conlpana° �ad Vice Presict�nt ofThe C;ray Casualtr° � Surety Campany. and Mark S. :Visnguno, Secretary aPThe Gra}° �nsuranc� Cc�mpun� �rsd'I't�e Gray Casualt}� c�. �urcty C�rnpanv> �ersc�ns�Ily k�otvn to rne, t�eing dttiy swcsrn, aeicr,awledgecS thttt they s��ned the abs�te E�awer oC Attic�rn�y s�d tiSttxed the se�ts csf the ct�mpani�s sts �,f�ccrs c�f; an�t aeknawtedged said insfrum�nt to be the vatunfary act �nd daes�. t�f their c�rnpanies. ��'°�r"� ...�...,...� � ����� �� � _�• �*� �jti+,,, �aFlHttt f"��.r 'i�f "-....«..�`���g'��� aFpp tov„a ,.,�, .� t.:�+t'���� Lisa �, �diliar, N�tan f�ubli�, P�rish ai �?rleans Stata of Louisiana Mv Commission is fitr Lifc I. h�t�ri: 5. 11�San�unca, SecretarY t�#" Th� Cray tnsurance Comp�r'i3� and The Cray Cas�Ealty cf€ 4urety Compan}, do h�reb} c�tfify that th� abo�e and C�rgc�ir�n is �t tr�� ara�l ��rre�:t cc�py t�f � Po�ver��rf Attarne� �[ves� L}� the c4mpani��, �4hich is stili in fiill i`crrce ��nil e#�fec[. 13� Wt'i'h�CsaS \�`Ii�aFti:C�E=, �� ����� c� �� __ � �� s�aL � ��r``,.._....�•'� . t have set en}# han�! and �ffixed the s�a1s c�f the C:�mpanies this 1lth ��`, �tt .c �k7���y 2�12 ��*,�„�.:t«.+ 8r,,� JG''���1GW�"" �G7�� j��':"- + Y ��� �� UR�' -- �� �., �, �F �iE�L � �.1ark S. nlangun�, Secret:�ry °�� t: The Gray insurance C'acnp��z} ��'''�.. ..-�'''`'� Thc Gn�ti� Casi;alty � Surety CGmipaa�y * _,.� AC � � oa,r� ���,rc ' jw c,�.�...-- CERT�FICA7E C�►F C.IABILITY INSlJRANCE THIS GERTIFICATE IS ISSUED AS A MATTER QF INFORMA7iQN ONLY AND COWFERS hI0 RtGHTS UPON THE GERTiFICATE HOL[!ER THIS GERT[FIGAT'E dOES NQT AFFIRMATlVELY t}R NE�ATIVEIY AMEN�� EXTENq OF2 AL1`ER fiHE COVERAOE A�FCiRDE17 8Y T'F{E POt,t�IES EiEi.4W. 7MiS CERFtFtCATE CJF INSUFtAhIGE 0[3ES NOT CON&'(ITUTE A C�NTRACT BETWEEN THE ISSUING INSCIR�R{S}, AUTEit7R12ED FtLPR�SENTATiVE OR PRf7DUCEF2, AiYD i'NE CER'ftFlGATE Ht3LDER. 114�PO�TA[�T: If the certifi�cate holder is an At}DtTiOIUA� INS�lRED, [he policy�ies} must he endorsed. Ef SUBROLi/�tT1E3N IS WANfEO, subject to the ter�ns and canditions af tha policy, certain policies may requi�e an endars�rr�eni, A stafement t�n tifis cert(6cate daes not confer rights to the certfficat� t�oider in Iieu c�f such endarsement s� �ooucE� Sandra B�zrdick xTartixeast Vnderwriters Ina. ���� aHCSr�E (727) 521-4253 � �ax 9i�tis.�: �r+ts, r�o): t-t27t sz1-94ss �'790 lst Street Narth -r'��� �urdick@neu-ins.com _ ___ xtx�a�sss: Pusro �� �t}0437t36 __ .__ ._ _ _ ._ __ � st. Pet�rsbuxq FL 33T�3 _ _ --- . 9NSURER 5 AFFOttD14G C4VERAGE �r _.m'-..._.- ( �Ih1I^ .M INS{iREC+ ��._._. _�..._........ ._ ,.�.��.�.��...�.�� Flarida t3as and Elecstric Corp PO Hc+x 284 oi �n�rc�xa'nz's,q�€Z1�1C1�C83L2dZtY Ires Co _._._. �335 Dadc Cit Et+su��t�: --- F FL 33526-02$0 __...._. 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FICA Gi.ty af Glearwates Attn: City Clerk PO Box 4748 Cl�arwater, F�. 34�29-��48 wc;��p 25 {2p08tb9J �n�sa2s ���, S���� ANY OF THE A64VE DESGRF8E0 Ppt,IGIES BE GANGELLEp g�fipRE TIfiE EXFlRA71ON dATE THEREOF, NOTfCE WI�L 8E DELIV�RED IN I�CCORDANEE WI7H THE POLfCY PRQY3StK7fd&_ auY��z� z��P�ese�rnt�vE � �Ken Kija�.rskif SM8 _-,�'-� ��. � ��,.,',.,,�,.�,�'% � ��ss-aans aco�n cc���o °°'" The AGORD name and togp are ragtste►ed marks cf AGOftp �#���. ��I Nghts reserved, SECTION 00410 CERTIFIED CHECK, CASH OR BID BOND (Attach certified check, cash or bid bond here) 26 SECTION 00510 AGREEMENT THIS AGREEMENT made and entered this lst day of April, 2012, by and between the CITY OF CLEARWATER, FL, a municipal corporation, hereinafter called the "OWNER", and FLORIDA GAS AND ELECTRIC COPORTATION, hereinafter called the "CONTRACTOR". WITNESSETH, That for and in consideration of the payments and agreements to be made and performed by the Owner, the Contractor, at its own cost and expense and with skill and diligence, will construct and complete all work shown on the Drawings and described in the Specifications entitled Replacement of Antiquated Gas Mains, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations. Bid # 10-12 1. The Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation service required to complete the work provided for in this contract. It is understood and agreed that said labor, materials, tools, equipment and service shall be furnished and said work performed and completed subject to the satisfaction of the Owner and subject to the final approval of the Owner and its authorized representatives. The term of this agreement shall begin April 1, 2012 and terminates March 31, 2013. Any amendment must be in writing and agreed to both parties. 2. The Contractor agrees to receive the prices stated in the Proposal attached in full compensation for furnishing material and labor and executing all the work contemplated in this Contract; the contract amount shall not exceed $1,640,300.00 based on the estimated quantities in the Bid 10-12. Owner reserves the right to purchase any amount up to the estimated quantities based on its needs as determined solely by Owner. Owner and Contractor agree that there are no minimum requirements for purchase in this Agreement; the Contractor, for such consideration, shall be responsible for all claims, causes of action, loss or damages arising out of the nature of the work aforesaid or from any action of the elements; or from any unforeseen obstruction or difficulties which may be encountered of every description connected with the work, and furnishing the materials, until their final completion and acceptance. 3. The work on the site is to be commenced when directed by the Owner or his authorized representative. 4. To prevent disputes, it is agreed by and between the parties to this Contract that the Owner or his authorized representative shall in all cases determine the quality and quantity of the several kinds of work and materials which are to be paid for under this Contract, and he shall determine questions in relation to lines, levels and dimensions of 27 5. Q 7 work. The Owner shall determine questions in relation to interpretation of the plans and specifications. Payment sha11 be made in accordance with provisions as outlined elsewhere in these Contract Documents. The Contract Documents shall consist of the following all of which are familiax to the Contractor and which are incorporated herein by reference: 2. 3. 4. 5. 6. Invitation to Bid Instructions to Bidders Summary of Information to Bidders Bid Forms Agreement Forms Bonds and Certificates 7. General Conditions 8. Supplementary Conditions 9. Addenda 10. General Requirements 11. Specifications 12. Contract Drawings This agreement, together with these documents, form the contract, and they are as fully a part of the Contract as if hereto attached or herein repeated. � 8. Contractor shall at all times furnish adequate tools, testing supplies, appliances, equipment, a sufficient number of properly OQ skilled workmen, and a sufficient amount of materials and supplies of proper quality to efficiently and promptly prosecute the work provided for herein and sha11 promptly pay for a11 material purchased and shall pay all workmen each week, and if required by the Owner, shall obtain and fiarnish Owner weekly with signed receipts from all workmen showing the date of payment, the amount paid, number of hours paid for, the days on which said work was performed, the classification of the labor so paid, and the rate of wage per hour paid and shall supply Owner weekly with two (2) copies of the payroll verified by an affidavit. Contractor shall, as often as requested by the Owner, furnish a sworn statement showing all parties who furnished labor or materials to the Contractor, with their names and addresses and the amount due or to become due each. A like statement may be required from any subcontractor of the Contractor. 9. Should the Contractor default in any of the provisions of this contract and the Owner employs an attorney to enforce or construe any provision hereof or to collect damages for breach of the agreement or to recover on any bonds provided for herein, the Contractor andlor his surety agree to pay the Oumer such reasonable attorney's fees as the Owner may expend therein. As against the obligations conta.ined herein, the Contractor and his surety waive a11 rights of exemption. 10. The undersigned Contractor agrees that he has carefully inspected all contract documents and is familiar with the same, and agrees that he is responsible for having heretofore examined the site, the location and route of all proposed work, and for having satisfied himself as to the character of said route, the location of surface and underground obstructions and nature thereof, the nature of the ground water table conditions and other physical characteristics of the work and the work site in order that he may include in the 2a 11. price which he has bid and the price of this contract a11 costs pertaining to the work, and the contract price is based upon these inspections and examinations. This contract shall not be construed for or against any party because that party wrote it. 12. The Contractor and the Owner for themselves, their heirs, executors, administrators, successors, and assigns, hereby agree to the fizll performance of the covenants herein contained. IN WITNESS WHEREOF THEY HAVE EXECUTED THIS AGREEMENT. (CONTRACTOR SEAL} „��, _ _ . �a' ,uae,�d.,q�� � . a ,.� z� 'y` �.`'' � :i " � "{a v�m .. ° aA ,o T� � m �:; ,� ,.� a ; �, .� �; a • _..� ti 'y w: � .:;+' e �< Y :� � ° r� �: 3'' Countersigned: -- ��0� �t /� C� LK1�S George N. Cretekos Mayor APPROVED AS TO FORM: ���� Laura Mahony Assistant City Attomey 29 FOR THE CONTRACTOR f Y� � Name: Davi L . yan Title: vice President ' v\ � t.Jl.�/�� �� Witness fo the Contractor CITY OF CLEARWATER, FLORIDA By' .��C� � William B. Horne, II City Manager ATTEST: By;�°O�.I�%tC�� (,�. ���.. Rosemary Call City Clerk V� 1C� o � Q SECTION 00520 CONTRACTOR'S AFFIDAVIT STATE OF FLORIDA COUNTY OF Before me, the undersigned, a Notary Public, duly commissioned, qualified and acting in and for said County and State personally appeared (Individual, Partner, or duly authorized representative of Corporate Contractor) who being duly sworn according to law deposes and says that all labor, material and outstanding claims and indebtedness of whatever nature arising out of the performance of the contract of the (Owner) with (Contractor) have been paid in full. (Individual, Partner, or duly authorized representative of Corporate Contractor) Sworn to and subscribed before me this _ day of , 201_. Notary Public SEAL Commission expires: 30 SECTION 00530 CONTRACTOR'S RELEASE KNOW ALL MEN BY THESE PRESENTS that a Contractor in the County of and State of , do hereby acknowledge that (Contractor) this day has had and received of and from the City of Clearwater, the sum of One Dollar and other valuable consideration in full satisfaction and payment of all sums of money owing, payable and belonging to (Contractor) by any means whatsoever, for on account of a certain agreement between the said City of Clearwater and (Contractor) dated. NOW THEREFORE, the said (Contractor)(for myself, my heirs, executors and administrators)(for itself, its successors and assigns) do by these presents remise, release, quitclaim and forever discharge the said City of Clearwater, its successors and assigns, of and from all claims and demands arising from or in connection with the said agreement dated , and of and from all, and all manner of action and actions, cause and causes of action and actions, suits, debts, dues, sums and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, agreements, promises, variances, damages, judgments, extents, executions, claims and demand, whatsoever in law or equity, or otherwise which against the said City of Clearwater, its successors or assigns, the Contractor, its heirs, successors and assigns ever had, now have, or which (I, my heirs, executors, or administrators)(it, its successors and assigns) hereafter can, shall or may have, for, upon or by reason of any matter cause or thing whatsoever, from the beginning of the world to the date of these presents. IN WITNESS WHEREOF, (Contractor) has caused these presents to be duly executed the _ day of , 201_ Signed, Sealed and Delivered in the presence of: ATTEST: (Secretary) (SEAL) (Individual Contractor) (SEAL) (Partnership Contractor) By (SEAL) (Partner) (Corporation) AFFIX CORPORATE SEAL, if a corporation By (President or Vice President) 31 SECTION 00540 STATEMENT OF SURETY COMPANY In accordance with the provisions of the contract dated between the City of Clearwater, Owner of and (Contractor) of , the (Surety) surety on the bond of (Contractor) after a careful examination of the books and records of said Contractor or after receipt of an affidavit from Contractor, which examination or affidavit satisfies this company that all claims for labor and materials have been satisfactorily settled, hereby approves of fnal payment of the said (Contractor), Contractor, and by these presents witnesseth that payment to the Contractor of the final estimates shall not relieve the Surety Company of any of its obligations to the by the said Surety Company's Bond. IN WITNESSETH WHEREOF, the said Surety Company has hereunto set its hand and seal this day of , 201_. ATTEST: SEAL By. (President, Vice President) Note: This statement, if executed by any person other than the President or Vice President of the Company, must be accompanied by a certificate of even date showing authority conferred upon the person so signing to execute such instruments on behalf of the Company represented. 32 SECTION 00610 PERFORMANCE - PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we , a Corporation (Corporation-Partnership-Sole Proprietor, Etc.), hereinafter called "Principal" and (Surety) of , State of Florida, hereinafter called the "Surety," are held and firmly bound unto the , hereinafter called "Owner" in the penal sum of Dollars, in lawful money of the United States for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally frmly by these presents. THE CONDITIONS OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of , 201_, a copy of which is attached hereto and made a part hereof for the construction o£ Reptacement of Antiquated Gas Mains, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations NOW. THEREFORE, if the Principal shall, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, and shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for the value received hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed hereunder or the specifications accompanying the same shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. 33 _ _ PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisiied. IN WITNESS WHEREOF, the said Principal and Surety have duly executed this instrument under seal in counterparts, each one of which shall be deemed an original, this the day of _, 201_. ATTEST: (Principal) Secretary (SEAL) (Witness as to Principal) (Address) (City/State/Zip) ATTEST: (Surety) (SEAL) (Witness as to Surety) (Address) (City/State/Zip) (Principal) By (Address) (City/State/Zip) (Surety) : (Address) Note: Date of Bond must not be prior to date of Contract. 34 SECTION 00620 CERTIFICATE OF INSURANCE (Attach insurance certificates here) 35 SECTION 00700 GENERAL CONDITIONS 00700.01 DEFINITIONS The Contract Documents consist of the Advertisement for Bids, Instructions to Bidders, Summary of Information to Bidders, Method of Payment, Proposal (as accepted), Contract, General Conditions, the Technical Specifications and the Drawings, including all modiiications and addenda thereof incorparated in the documents before their execution. These form the Contract. The Owner as used herein shall refer to and designate a public body or authority, corporation, association, partnership or individual for whom the work is to be performed, or his or their authorized representative or agent. The Contractor is the individual, partnership, corporation or other entity undertaking to do the work herein specified, or his or their heirs, legal representatives, successors or assigns. When more than one prime contract is awarded for a single project the general contractor shall be so designated by the Owner. The Engineer shall be Clearwater Gas System. The word Engineer shall include the officers, agents, inspectors and employees of Clearwater Gas System. A Subcontractor shall be an individual, partnership, corporation or other entity having a direct contract with the Contractor to furnish material, work to a special design according to the plans and speciiications of this work, or supplying specialized labor and materials for this work. This does not include one who merely furnishes material or labor not particular to this project. Written Notice shall be deemed to have been fully served 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, ar if delivered at or sent by registered mail to the last business address known to him who gives notice. The term "Work" of the Contractor or the Subcontractor includes labor or materials, or both, equipment, transportation, or other facilities necessary to complete the contract. All time limits stated in the Contract Documents are the essence of the Contract. Whenever the word "approved" is used herein, it shall be held, unless otherwise speciiied, to mean as approved by the Owner. Similar use will be made of the words "directed," "required," "permitted," and words of like import. 36 00700A2 EXTENT OF CONTRACT The Advertisement for Bids, Instructions to Bidders, Summary of Information to Bidders, Method of Payment, Proposal (as accepted), Contract, General Conditions, the Technical Specifications, and the Drawings are, and shall be taken to be, parts of this Contract. All work and materials mentioned in the specifcations and not shown on the drawings and all work and materials shown on the drawings and not mentioned in the specifications, and all work and materials necessary for the completion of the work according to the true intent and meaning of the contract drawings and specifications, and all work and materials required to complete the entire facility as described in the Advertisement shall be furnished, performed and done, as if the same were both mentioned in the specifications and shown on the drawings. The drawings which accompany the specifications are herein designated contract drawings and are for the purpose of illustrating the general character and extent of the work and are subject to such modifications and elaboration's by the Owner and Engineer as may be found necessary or advisable, either before or during the prosecution of the work, and the Contractor shall conform to and abide by whatever supplementary drawings and explanations that may be furnished by the Engineer for the purpose of illustrating the work. The Engineer shall decide as to the true meaning or intention of any portion of the specifications and drawings where the same may be found unclear or in conflict. Should anything be omitted from the contract drawings or specifcations which is necessary for a clear understanding of the work, or should any error appear either in any of the various instruments furnished or in the work done by other Contractors affecting the work included under this contract, the Contractor shall promptly notify the Engineer of such omissions or errors, and in the event of the Contractor's failure to do so, he shall make good any damage to or defect in his work caused thereby. He will not be allowed to take advantage of any error or omission on the contract drawings, as full instructions will be furnished by the Engineer, should such error or omission be discovered, and the Contractor shall carry out such instructions as if originally specified. 00700.03 OBLIGATIONS OF CONTRACTOR The Contractor shall, at his own cost and expense unless otherwise specifed, furnish all the necessary materials, labor, supervision, superintendent, tools and appliances, and shall construct, finish, test and purge in a safe, substantial and workmanlike manner the work of this contract within the time and in the manner specified and in accordance with the contract drawings. The Contractor shall complete the entire work to the satisfaction and approval of the Owner and shall accept in consideration of, and as full compensation for the work, the sums set opposite the respective classes of work and materials named in the Contract and proposals herein contained, the said sums being the amount at which the Contract therefore was awarded to the Contractor. Acceptance or approval of the work or materials by the Owner does not relieve the Contractor from liability for poor or defective workmanship and/or materials and any such acceptance or 37 approval is understood to relate to work or materials which can be observed and does in no way pertain to latent defects or defects ascertainable through testing. 00700.04 SUBCONTRACTS The Contractor shall not assign or sublet the whole or any part of the work without the written consent of the Owner and without the written approval by the Owner of the specific party to whom it is proposed to assign or sublet the same. No such consent and approval, and no approval of the form of such assignment or subletting, shall release or relieve the Contractor from any of the obligations and liabilities assumed by him under this Contract, and, as between the parties hereto, the Contractor shall remain responsible and liable as if no such assignment or subletting had been made. Nothing contained in the Contract documents shall create any contractual relationship between any subcontractor and the Owner. The Contractor shall comply with the ASME B31Q Code, which meets the requirements of Federal CFR 49 Part 192 Subpart N, particularly the "Span of Control" ratio which requires the supervision of non-qualified personnel by OQ certified individuals depending on the performance of the covered task 00700.05 SEPARATE CONTRACTS The owner reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results upon the work of any other contractor, the Contractor shall inspect and promptly report to the Owner any defects in such work that render it unsuitable for such proper execution and results. His failure to so inspect and report shall constitute an acceptance of the other contractor's work as iit and proper for the reception of his work except as to defects which may develop in the other contractor's work after the execution of his work. To insure the proper execution of his subsequent work, the Contractor shall measure work already in place and shall at once report to the Owner any discrepancy between the executed work and the drawings. Wherever work being done by the Owner's forces or by other contractors is contiguous to work covered by this Contract, the respective rights of the various interests involved shall be established by the Owner, to secure the completion of the various portions of the work in general harmony. 00700.06 BONDS The bidder to whom the Contract is awarded must, within ten (10) calendar days following notice of award, present himself to the place designated in the official notice of acceptance, for 38 signing of the Contract and the plans, and to substitute for the bid security, a surety performance-payment bond in the amount of thirty per centrum (30%) of the Contract price, conditioned that the Contractor will faithfully perform all work of this contract and promptly pay for all materials furnished and labor supplied or performed in the prosecution of all work. All bonds and insurance shall be issued by companies authorized to transact business in the State of Florida and acceptable to the Owner. 00700.07 ADDITIONAL OR SUBSTITUTE BOND If at any time the Owner shall be or become dissatisfied with any Surety or Sureties then upon the Performance, Maintenance, Material and Labor Bond, or if for any reason such Bonds shall cease to be adequate security to the Owner, the Contractor shall, within five (5) days after notice from the Owner to do so, substitute an acceptable bond or bonds in such form and sum and signed by such other Sureties as may be satisfactory to the Owner. The premium on such Bond or Bonds shall be paid for by the Contractor. No further payments shall be deemed due nor shall be made until the new Sureties have qualified. 00700.08 INSURANCE A: General The Contractor shall not commence work under this contract until he has obtained all insurance required, as specified on the "Summary of Information to Bidders," submitted certificates for this insurance, and such insurance has been approved by the Owner; nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. The Owner, however, may accept insurance covering a subcontractor in character and amounts less than the standard requirements because of the character or the extent of the work to be performed by such subcontractor, such acceptance by the Owner must be expressly stated in writing. B: Worker's Compensation The Contractor shall take out and maintain during the life of this contract adequate Worker's Compensation Insurance for all his employees employed at the site of the project and in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for the latter's employees, unless such employees are covered by the protection afforded by the Contractor. Coverage shall include Employer's Liability, Voluntary Compensation and U.S. Longshoremen's and Harbor Workers Act Coverage where applicable. The Contractor shall, at all times, indemnify and save harmless the Owner and the Engineer, of and from all claims for Worker's Compensation which may be made by any of the employees of the Contractor or by any of the employees of any subcontractor to whom the Contractor may have let the performance of any part of the work embraced by this Contract and the Contractor will appear for and defend the Owner and Engineer against any and all such claims. 39 C: Public Liability and Property Damage Each Contractor shall take out and maintain during the life of the Contract such Public Liability and Property Damage Insurance as shall protect the Owner, the Engineer, the Contractor, and any subcontractor performing work covered by this Contract from claims for damages for personal injury, including wrongful death, as well as from claims for property damages, which may arise from performance related to this contract, whether such performance be by himself or by any subcontractor or any person directly or indirectly employed on the project. D: Fire Insurance The Contractor shall, from commencement of the Contract and until final acceptance by the Owner upon completion of the entire contract, maintain insurance on all insurable items of the work included in the Contract against loss or damage by fire or lightning and those periods covered by the extended coverage endorsement. This insurance shall be listed in the names of the Owner; Trustee; Contractor; and his subcontractors as their respective interests may appear, in such amounts as shall fully protect the interests of the Owner; Trustee; Contractor; or any of his subcontractors. The risk of loss or damage to the construction work due to the perils covered by the said fire policy with extended coverage, as well as any other hazards which might result in damage to the construction work, is that of the Contractor and Surety, and no claims for extra money by the Contractor for such loss or damage shall be recognized by the Owner nor will such loss or damage excuse the complete and satisfactory performance of the Contract by the Contractor. E: Special Hazards Special hazards, if there is a possibility of such hazards existing in the work contemplated, shall be covered by rider or riders to the policy or policies. Specific customer appliance or system damage or two such possible hazards are blasting and environmental damage. 00700.09 PROOF OF INSURANCE Contractor shall, prior to executing the Contract, deliver to the Owner, proper evidence of carriage of the insurance required by this Contract. Certificates will be acceptable proof of public liability, property damage and Worker's Compensation Insurance. An original policy of fire insurance must be submitted to the Owner as soon as an insurable interest exists. 00700.10 ACCIDENTS AND CLAIMS The Contractor shall be held responsible for all accidents and shall indemnify and protect the Owner and Engineer from all suits, claims and actions brought against it, and all cost for liability to which the Owner or Engineer may be put for any injury or alleged injury to the person or 40 property of another resulting from negligence or carelessness in the performance of the work, or in protection of the project site, or from any improper or inferior workmanship, or from inferior materials used in the work. 00700.11 MUTUAL RESPONSIBILITY OF CONTRACTORS Should a Contractor in the performance of his Contract cause damage to any person, any property, or work of another Contractor working on this project, he shall, upon due notice to do so from the Owner or other party to the damage, arrange for an amicable settlement thereon. It is agreed by all parties herein that such disputes shall not delay completion of the work, nor be cause for claim against the Owner or Engineer. Work shall be continued by the party claiming damages at his expense, subject to such damages as may be obtained by due course of law. 00700.12 CONTRACTOR'S LIABILITY The status of the Contractor in the work to be performed by him under this Contract is that of an independent Contractor and that as such he shall properly safeguard against any and all injury or damage to any person, to public and private property, materials and things; and that, as such, he alone shall be responsible for any and all damage, loss or injury to persons or property that may rise, or be incurred, in or during the conduct or progress of said work without regard to whether or not the Contractor, his subcontractors, agents, or employees have been negligent; and that Contractor shall keep the Owner and Engineer free from, and shall discharge any and all responsibility and therefore of any sort or kind. The Contractor shall assume all responsibility for risks or casualties of every description, for any or all damage, loss or injury to persons or property arising out of the nature of the work, from the action of the elements, or from any unforeseen or unusual difficulty, the Contractor shall assume and be liable for all blame and loss of whatsoever nature by reason of neglect or violation of any federal, state, county, or local laws, regulations or ordinances; that Contractor shall indemnify and save harmless the Owner and Engineer all their officers, agents, and employees, from all suits or actions at law of any kind whatsoever in connection with this work and shall, if required by the Owner, produce evidence of settlement of any such action before final payment shall be made by the Owner. Contractor acknowledges receipt of one dollar as full and specific consideration for this indemnity agreement. 00700.13 FAMILIARITY WITH CONTRACT REQUIREMENT It is the responsibility of, and it is hereby agreed that, the Contractor has, prior to signing of the Contract, satisfied himself as the nature and location of the work, the conformation of the ground, the character, quality, and the quantity of the materials which will be required, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and of all other matters which can in any way affect the scope of the work under this Contract. Information concerning the general condition of the project site existing at the time of bidding is presented in the plans and specifications solely for 41 information and convenience in describing the work to be accomplished and the use by the Contractor of such information cannot in any way relieve the Contractor of his responsibilities as outlined herein for determining the actual conditions existing at the site and for basing his bid price upon such conditions. No verbal agreement or conversation with any officer, agent, employee of the Owner, or the Engineer, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. Failure to comply with any or all of the requirements will not relieve Contractor from the responsibility of properly estimating the difficulty or costs of successful completion of the work nor from the responsibility for the faithful performance of the provisions of this Contract. 00700.14 PATENT RIGHTS The Contractor shall obtain all necessary consents and shall pay all royalties, licenses, and fees for the use of any patented invention, articles, composition or process in the work done or the materials furnished, or any part thereof embraced in this Contract. The Contractor shall be responsible for any claims made against the Owner, its agents and employees for any actual or alleged infringement of patents by the use of any patented articles, appliances, etc., in the construction and completion of the work, and shall save harmless and indemnify the Owner, its agents and employees from all costs, expenses, and damages, including attorney's fees which the Owner may be obliged to pay by reason of any actual or alleged infringements of patents used in the construction and completion of the work herein specified. 00700.15 PERMITS AND LICENSES Permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor unless otherwise specified. Permits, licenses and easements for CGS gas mains and services classified as CGS permanent structures or permanent changes in existing facilities will be secured and paid for by the Owner, unless otherwise speciiied. Contractor will also be responsible for obtaining gas permits related to house piping connections to gas meter if required, and maintenance of appropriate trade licenses to perform the specifc scope of work described in this contract, including consumer's underground house piping and gas meter relocation piping and connections. They also will be noted as contractor of record on the applicable permits. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising there from. 42 00700.16 LAWS AND REGULATIONS The Contractor at all times shall observe and comply with all Federal, State, Local, and/or Municipal laws, ordinances, rules, and regulations in any manner and those which may be enacted later, or bodies or tribunals having jurisdiction or authority over the work and shall indemnify and save harmless the Owner against any claim or liability arising from, or based on, the violation of any such law, ordinance, rule, regulation, order, or decree. The bidder is assumed to have made himself familiar with all Federal, State, Local, and Municipal laws, ordinances, rules, and regulations which in any manner affect those engaged or employed in the work, or the materials or equipment used in or upon the work, or in any way affect the work and no plea of misunderstanding will be considered an excuse for the ignorance thereof. The Contractor shall be licensed in the required discipline of installing gas mains, services and underground customer piping systems. 00700.17 DIMENSIONS AND ELEVATIONS Figured dimensions on drawings shall take precedence over the measurements by scale, and detailed working drawings are to take precedence over general drawings and shall be considered as explanatory of them. In case of conflict between dimensions or scales the Engineer shall make all necessary final clarifications. 00700.18 PLANS, SPECIFICATIONS AND SHOP DRAWINGS The specifications are intended to supplement and clarify the plans. Work is sometimes called for in the specifications that is not shown completely on the plans; and the plans sometimes indicate work that is not mentioned in the specifications. Both plans and specifications must be complied with completely in order to fulfill the Contract requirements; and whether or not the work is specifically defined in any bid item, any work called for by either is as binding as if it were called for by both. The construction drawings, as prepared prior to receiving bids, are intended to describe the general scope of the work and to form the basis of comparable bids and may be supplemented after award of the contract with manufacturer's shop drawings, detailed working drawings and other detailed data necessary to thoroughly describe the requirements of the finished facility. In no case, however, will such supplemental information form the basis of claims by the Contractor for increased compensation and in no case will the required work described by the supplemental information be considered as extra work. In case of conflict between plans and specifications, the Engineer shall be the sole judge of which shall prevail. The Engineer shall make all necessary explanations as to the true meaning and intent of the plans and specifications. Any errors or omissions in the plans and specifications may be corrected by the Engineer when such corrections are necessary for the proper completion of the work. The Contractor shall sign and stamp approved all shop or setting drawings for items of equipment on which he has bid and proposes to install, to verify field dimensions, design criteria, and materials. After the Contractor has signed and approved the shop drawings, they shall be 43 promptly submitted to the Owner in quadruplicate for review for conformance with the design concepts of the project. The Contractor shall call Owner's attention to any deviation in the shop drawings or submittals from the requirements of the plans and speciiications. No deviation from the plans and specifications shall be approved without a written Change Order. Changes or corrections may be noted by the Owner and one copy will be returned to the Contractor. The Contractor shall make any corrections required by the Owner and shall return the required number of corrected copies of shop drawings until no exception is taken. The Contractor shall direct specific attention in writing to revisions on resubmitted shop drawings other than the corrections called for by the Owner on previous submissions. Contractor's stamp of approval on any shop drawings shall constitute a representation to the Owner that the Contractor has either verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data or he assumes full responsibility for doing so and that he has reviewed or coordinated each shop drawing with the requirements of the work and the Contract documents. The shop drawings in no way become a part of the Contract documents but are furnished for informational purposes only. Regardless of corrections made in, review or approval given to such drawings by the Engineer, the Contractor shall be responsible for the accuracy of such drawings and for their conformity to the Contract plans and specifications. 00700.19 DRAWINGS AND SPECIFICATIONS FURNISHED TO CONTRACTORS The successful General Contractor shall be entitled to receive from the Owner six (6) free sets of Contract drawings and specifications. 00700.20 WORKING SCHEDULES AND PROGRESS CHARTS The Contractor shall prepare and submit to the Owner for approval prior to initiating construction activities a working schedule showing the locations and the order in which the Contractor proposes to undertake the construction. A schedule will include anticipated starting and completion dates for the various sections and items included in this Contract and will also indicate scheduled delivery date for all mechanical equipment. All work provided to the contractor, including service lines shall be scheduled within a 72 hour turn around; emergency work will have an immediate response. FDOT, County and Municipal permit utilization right of way and road crossing permit installations shall be prioritized to recover from the delay associated with obtaining the permit. Accompanying this schedule shall be a chart sufficiently large to be suitable for recording the progress of the work. The Contractor will be required to indicate actual progress on this chart and printed copies shall be made available at the end of each month. These progress charts will be used in preparing the monthly estimates to the Owner. The contractor shall furnish an electronic copy of the daily work schedule in advance of the work being done preferably prior to the beginning of the work day. Copies include Construction Inspection, Gas Sales and Senior Account. 44 00700.21 SUPERVISION AND RESPONSIBILITY OF THE CONTRACTOR The Contractor shall give the wark the constant attention necessary to facilitate the progress thereof and shall cooperate with the Owner and with other contractors in every way possible. The Contractor shall at all times have an OQ competent superintendent, capable of reading and thoroughly understanding the drawings and specifications, as his agent on the work, who shall, as the Contractor's agent, supervise, direct and otherwise conduct the work. Such superintendent shall be furnished irrespective of the amount of work sublet. The Contractor shall be solely and wholly responsible for delivering the completed work in a good, safe and workmanlike condition and for the good condition of the work and materials until fnal acceptance and his formal release from his obligations. He shall bear all losses resulting on account of the weather, fire, the elements, or other causes of every kind or nature. The Contractor shall indemnify and hold harmless (to a limit of $10,000,000) the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expenses is: (a) 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 there from and, (b) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefts payable by or for the Contractor or any Subcontractor under Worker's Compensation Acts, Disability Benefits Acts or other employee benefit acts. The Contractor shall be held responsible for any violation of laws or ordinances affecting in any way the conduct of all persons engaged, or the materials or methods used by him, on the work. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as are necessary to comply with the requirements and regulations of the State Department of Health & Rehabilitative Services or the County Health Department. He shall commit no public nuisance. Sanitary facilities shall be at least 500-feet from the nearest water well. Privies shall have incorporated therein metal containers which shall be tightly closed and all waste shall be transported away from the site of the work and disposed of properly. 45 Any instructions, directions, or orders from the Owner shall be given to the Contractor through his authorized representative. The Owner, except in the absence of the representative, has no authority to give directions, orders or instructions directly to the Contractor. 00700.22 SERVING NOTICE Any notice to be given the Contractor under this contract shall be deemed to be served if the same be delivered to the person in charge of any office used by the Contractor or his superintendent or agent at or near the work, or deposited in a post office, postpaid, addressed to the Contractor at his place of business as set forth in this contract. 00700.23 AUTHORITY OF ENGINEER The supervision of the execution of this contract is vested wholly in the Contractor. In the event the Owner has engaged the Engineer to represent him during the construction phase the order, instructions, directions, or requests of the Owner are to be given through the Engineer. The Engineer shall transmit them promptly to the Contractor as coming from the Owner and originating in the Owner. The Contractor shall designate a representative to receive such instructions, directions or requests in his absence, and failing to do so, will be held responsible for the execution of them. The Owner shall have the sole authority to suspend the work wholly or in part for such period or periods as may be deemed necessary due to failure on the part of the Contractor to carry out orders given to perform any or all provisions of the contract. The Contractor shall not suspend the work and shall not remove any equipment, tools, lumber or other materials without the written permission of the Owner. The Engineer has no responsibility regarding the Contractor's safe prosecution of the work or his compliance with any applicable safety codes or regulations. 00700.24 OBSERVATION OF THE WORK The Owner or his authorized representative-CGS inspector shall have free access to the materials and the work at all times for measuring or observing the same, and the Contractor shall afford him all necessary facilities and assistance for so doing. The contractor shall furnish to CGS a daily work schedule and list of completed jobs. The notification shall be sent before the start of the work day and a distribution list shall be provided with necessary updates. After written authorization to proceed with the work and the Engineer has been engaged to act as the Owners representative, the Engineer shall: A. Make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents; he will not be required to make exhaustive or continuous on-site observations to check the quality or quantity of ,, the work, he will not be responsible for the construction means, methods, procedures, techniques and sequences of construction and he will not be responsible for the Contractor's failure to perform the construction work in accordance with the Contract Documents; he will not be responsible for safety precautions and procedures in connection with the work; and during such visits and on the basis of his on-site observations as an experienced and qualified design professional he will keep the Owner informed of the progress of the work, will endeavor to guard the Owner against defects and deficiencies in the work of Contractors and may disapprove work as failing to conform to the Contract Documents. B. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and eyuipment and other data which the Contractor is required to submit, only for conformance with the design concept of the project and compliance with the information given by the Contract Documents, and assemble written guarantees which are required by the Contract Documents. Review of shop drawings by Engineer shall not relieve Contractor from his responsibility to perform his work in accordance with the plans and specifcations. C. Consult with and advise the Owner, act as the Owner's representative at the project site, issue all instructions of the Owner to the Contractor and prepare routine Change Orders as required. D. Based on his on-site observations as an experienced and qualifed design professional and on his review of the Contractor's applications for payment, determine the amount owing to the Contractor and approve in writing payment to the Contractors in such amounts; such approvals of payment to constitute a representation to the Owner, based on such observations and review of the data comprising such applications, that the work has progressed to the point indicated and that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents, subject to the results of any subsequent test called for in the Contract Documents and any qualifications stated in his approval. Such partial and final payments will be as specifed elsewhere herein except as modified in this paragraph. E. Conduct, in company with the Owner, a final site visit of the project for general conformance with the design concept of the project and general compliance with the information given by the Contract Documents, and recommend in writing final payment to the Contractor. 00700.25 EXAMINATION OF THE WORK The authority and duties of the resident project representatives when provided and authorized as employees of the Engineer and when the employment thereof is authorized and paid by the Owner, are limited to examining the material furnished, observing the work done and reporting their findings to the Engineer. The Engineer does not underwrite, guarantee or insure the work done by the Contractor. It is the Contractor's responsibility to perform the work in all details in 47 accordance with the Contract Documents, and the Engineer shall never be responsible or liable to either the Owner or the Contractor or any other party by reason of the Contractor's failure to do so. Failure by the Engineer or by any project representative or other representative of the Owner engaged in on-the-site observation to discover defects or deficiencies in the work of the Contractor shall never, under any circumstances, relieve the Contractor from his responsibility therefore to the Owner, or subject the Engineer to any liability to the Owner, the Contractor, or any other party for any such defect or deficiency. Project representatives shall have no authority to permit deviation from or to modify any of the provisions of the Drawings or Speciiications without the written permission or instruction of the Engineer, or to delay the Contractor by failure to observe the materials and work with reasonable promptness. The Engineer, his representatives, employees, or any resident project representative in the employment of the Engineer will not have authority to supervise, direct, expedite or otherwise control and instruct or order the Contractor or his employees in the fulfillment of the Contractor's obligation. The Owner's instructions, orders, directions and/or orders to the Contractor shall be given only through the Engineer, or his employees. The Engineer may only advise the Contractor when it appears to the Engineer that the work and/or materials do not conform to the requirements of the Contract Documents, including the Drawings and Specifications. The payment of any compensation, irrespective of its character or form, or the giving of any gratuity, or the granting or any valuable favor, directly or indirectly, by the Contractor to any project representative, is strictly prohibited, and any such act on the part of the Contractor will constitute a violation of the contract. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to speciiically be inspected, tested, or approved by someone other than the Contractor, the Contractor will give the Engineer timely notice of readiness therefore. The Contractor will furnish the Engineer the required certificates of inspection, testing or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials, or such other applicable organization as may be required by law or the Contract Documents. If any such work required so to be inspected, tested or approved is covered without written approval of the Engineer, it must, if requested by the Engineer, be uncovered for observation at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided. 00700.26 PROTECTION OF WORK AND PROPERTY The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect the Owner's property from injury or loss arising in connection with this Contract. He shall make good any such damage, injury, or loss, except such as maybe directly due to errors in the Contract Documents, or caused by agents or employees of the Owner. He shall adequately protect adjacent property as provided by law and the Contract Documents. He shall provide and 48 maintain all passage ways, guard fences, lights, and other facilities for protection required by public authority or local conditions. From the start of the work until the completion and acceptance of the work, the Contractor shall be solely responsible for the work covered by this contract and for the materials delivered at the site intended to be used in the work and all injury or damage done to the same from whatever cause as well as any damage done by him, his agents, employees and for subcontractors in the performance of the work, shall be made good by him at his own expense before the final payment is made. The Contractor shall be responsible for the preservation of all trees along and adjacent to the work and shall use every precaution necessary to prevent damage or injury thereto. The Contractor shall not willfully or maliciously injure or destroy trees or shrubs, and he shall not remove or cut them without proper authorization from the Owner. Any limbs or branches of trees broken during such operations, shall be trimmed with a clean cut and painted with an approved tree healing compound. The Contractor will be liable for all damages or at the option of the Owner may be required to replace or restore at his own expense, all vegetation not protected and preserved that may be destroyed or damaged. The Contractor shall provide suitable means of protection for all materials intended to be used in the work and for all work in progress, as well as for completed work. The Contractor shall furnish all the necessary equipment, shall take all necessary precautions and shall assume the entire cost of handling any sewage, seepage, storm, surface and flood flows which may be encountered at any time during the construction of the work. The manner providing for these occurrences shall meet with the approval of the Owner, and the entire cost of said work shall be considered as having been included in the unit prices submitted for the several items of the work to be done under this contract. 00700.27 USE OF COMPLETED PORTIONS The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as the Owner may determine. 00700.28 THE OWNER'S RIGHT TO DO WORK If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract, the Owner, after three days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. 49 _ 00700.29 ALTERATION OF PLANS The Engineer reserves the right to make such alterations in the plans or in the character of the work as may be considered necessary or desirable from time to time to complete fully the construction of the work, provided such alterations do not change materially the original plans and specifications, and such alterations shall not be considered as a waiver of any condition of the contract nor to invalidate any of the provisions thereof. No alterations in the plans or in the character of the work shall be made without the previous written approval of the Engineer and/or Inspector. 00700.30 UNAUTHORIZED WORK Work done without lines and grades being given, and gas pipe installed shallow or contrary to code requirements, and work done beyond the lines and grades shown on the plans or as given, except as herein provided, or any extra work done without written authority, will be considered as unauthorized and at the expense of the Contractor and will not be accepted or paid for by the Owner. The Owner may order that work so done be removed and replaced at the Contractor's expense. 00700.31 CLAIMS FOR EXTRA COST If the Contractor claims that any instructions by drawings or otherwise involves extra cost under this contract, he shall give the Owner written notice thereof within a reasonable time after the receipt of such instructions, and in any event before proceeding to execute the work, except in emergency endangering life or property, and the procedure shall then be as provided for changes in the work. No such claim shall be valid unless so made. 00700.32 CHANGES IN THE WORK If for any reason it be deemed necessary in the opinion of the Owner to make any variations in the scope or nature of the work, which variations increase or decrease the quantities of the work speciiied, or change the location to an extent not unreasonably affecting the conditions of the work, and further interpreted by the Owner as involving no classes of work other than those called for by this contract, the Contractor shall, upon written order from the Owner to that effect, make such variations. If such variations diminish the quantity of the work to be done, no claim for damages or for anticipated profits on the work that may be dispensed with shall there by accrue to the Contractor, and the value of the work dispensed with will not be included in any payments made to the Contractor. If such variations increase the amount of the work, the value of such increase shall be determined and fixed by the Owner in accordance with the quantity of such work actually done, and at the unit prices stipulated in the contract. � All major changes will be issued in a standard form which will contain a description of the work involved in the change, a reference to the proper construction drawings or revised drawings and will not be effective until signed by the Owner and Contractor. Such alterations or changes as are mentioned in this section shall not vitiate or annul the obligations of the contract or the agreement for the work. Should, in the opinion of the Owner, any contemplated change in the quantities of the work, or alterations thereof, materially affect the character of the work, or any part thereof, or materially affect the compensation for the same, then the work shall be classed as extra work. 00700.33 EXTRA WORK/INCREASED COMPENSATION The Owner may at any time, by a written order, without notice to the Sureties, and without invalidating the contract, require the performance of such extra work or substantial changes in the work as it may iind necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work, as ordered, shall be determined as follows: (a) By unit prices named in contract and subsequently agreed upon. (b) By a lump sum mutually agreed upon by the Owner and the Contractor; or (c) If no such unit prices are set forth and if the parties cannot agree upon a lump sum, then by the actual net cost in money to the Contractor of the wages of applied labor (including premiums for Worker's Compensation Insurance, and Social Security taxes); plus twenty per centum (20%) as compensation for all items of profit, administration, overhead, superintendence, insurance other than Worker's Compensation Insurance, materials used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the performance bond of the Contractor and the use of small tools; plus the net cost to the Contractor for the materials required in the extra work; plus the cost of rental for plant equipment (other than small tools) required and approved for the extra work. 00700.34 SUSPENSION OF WORK The Owner shall have the right to suspend the whole or any part of the work, when, in the opinion of the Owner, the Contractor is not doing the work in accordance with the provisions of the contract and specifications. If, in the judgment of the representatives of the Owner, the Contractor is taking undue risk of damage to any part of the construction by proceeding with the work during unfavorable weather or other conditions, then the Owner shall immediately verbally notify the Contractor or his representatives on the site confirming the same in writing. The Owner may thereupon suspend the work temporarily, either wholly or in part for such periods as may be necessary on account of 51 conditions unfavorable for the safe and proper prosecution of the work. In case of such suspension, a proper extension of time may be required by the Contractor but, regardless whether it is granted or not, no allowance will be made of the Contractor for any expense resulting there from. The Owner shall not be liable to the Contractor in any manner for any expenses, damages, loss of profits, anticipated or otherwise, or any other charges whatsoever arising out of a suspension in the work of either this Contractor or any Contractor engaged on this project. It shall be clearly understood that the failure of the Owner to so advise shall not relieve the Contractor of his responsibility for compliance with the conditions of the contract. Should the Contractor fail to comply with any orders of the Owner relative to any particular parts of the work, the Owner shall have the right to suspend the work on any or all parts until its orders respecting the particular parts are complied with. In case of such suspension, which shall be considered due to the fault of the Contractor, no extension of time shall be given and no allowance will be made for the expense of the Contractor on account of idle equipment or forces during the terms of such suspension. 00700.35 DEFECTIVE WORK OR MATERIALS If at any time any materials or workmanship should be discovered which do not comply with the plans, specifications and contract drawings, such defective work and/or material shall immediately be removed or corrected by the Contractor when notified to do so by the Owner, and such defects shall be replaced or corrected at the Contractor's expense. Any work or materials condemned by the Owner as unsuitable or improperly done shall be removed and repaired or otherwise remedied, as the Owner may require. Any defective work regulated by an established OQ covered task shall require the individual, responsible for such failure, to be OQ recertified prior to performing such covered task. If the Contractor shall neglect or refuse to remove or replace defective wark or materials within seven (7) days from the date of the notice from the Owner to do so, then the Owner may remove or cause the same to be removed and satisfactorily replaced by contract or otherwise, as they may deem expedient, and they may and are empowered, to charge the expense thereof to the Contractor. The expense so charged will be deducted and paid by the Owner out of such monies as are or may become due under this agreement, or if such monies are not sufficient to meet said expense, the additional monies shall be furnished by the Contractor, and if he refuses or neglects to provide the necessary monies they shall be provided by his Surety. 00700.36 ABANDONMENT OF WORK Should the Contractor abandon, or in any manner fail to complete the work, the Owner is hereby authorized and empowered to pay any workmen who may have been employed by the Contractor, for work done, and to pay any claims against the Contractor for material furnished, out of any funds that would otherwise be due or become due the Contractor under this Contract, and in every such case the Owner is hereby authorized and empowered to ascertain the amount or amounts so due or owning to the workmen, or for materials so furnished; and the amount or 52 amounts so found to be due and payable, shall be final and conclusive against the Contractor, and may thereafter be paid by the Owner to said labor, or to liquidated claims for materials furnished; and any partial or final payment may be withheld from the Contractor until all such claims for labor or material on his Contract have been satisfied. 00700.37 FORFEITURE OF CONTRACT The Owner, at any time during the continuance of the contract for the work herein provided for, and prior to the date of acceptance of the work as hereinafter provided, shall have the right and power to declare the whole or any part of the same forfeited for the violation of any of the conditions, terms, requirements, or limitations herein contained, or if the performance of the Contract is unnecessarily or unreasonable delayed, or if the Contractor is not progressing with the work as fast as is necessary to insure its completion within the time specified and as required by his Contract, or if the Contractor is showing bad faith in carrying out the Contract, or if the work not be fully completed within the fixed time in this Contract for its completion, or within the time to which such completion may be extended as hereinafter provided, or further, if the Contractor shall fail to or refuse to remedy or repair defective work or materials when so ordered as herein provided. If the Owner shall declare the said contract forfeited, in whole or in any particular, such declaration of forfeiture shall in no way relieve or affect the liability of the Contractor and his Sureties for breach of any of the covenants and conditions of said Contract. 00700.38 THE OWNER'S RIGHT TO TERMINATE CONTRACT If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the beneft of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors for material or labor, or persistently disregard laws, ordinances or the instructions of the Owner, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner, upon determining that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven (7) days' written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the work is fnished. If the unpaid balance of the Contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor or his Sureties shall pay the difference to the Owner. The expense incurred by the Owner as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Engineer. 53 00700.39 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be stopped under an order of any court, or other public authority, for a period of three (3) months, through no act or fault of the Contractor or of anyone employed by him, or if the Owner fails to make timely payments for completed work, then the Contractor may, upon seven (7) days' written notice to the Owner, stop work or terminate this Contract and recover from the Owner payment for all work executed and any loss sustained upon any plant or materials and reasonable profit and damages. 00700.40 NO WAIVER OF CONTRACT Neither an extension of time, for any reason, beyond the date iixed herein for the completion of the Contract, nor the delivery and acceptance of any articles or materials, nor any payment for, nor acceptance of the whole or any part of the work by the Owner, nor any possession taken by the Owner or its employees or agents, shall be deemed to be a waiver by the Owner of the right to abrogate this Contract for abandonment or delay or non- performance in the manner herein provided, nor shall it operate to void or annul any of the terms of this Contract. 00700.41 NO ESTOPPEL Neither the Owner, nor any agent or officer thereof shall be precluded or estopped by any return or certificate made or given by the Owner or other ofiicer, agent or appointee of the Owner under any provision of this agreement at any time, either before or after final approval and acceptance of the work and final payment therefore, from showing the true and correct amount and character of the work done and materials furnished by the Contractor or any other person under this agreement or that any such return, or certificate, is untrue and incorrect or improperly made in any particular, or that the work and materials, or any part thereof, do not, in fact, confarm to the specifcations and Contract Drawings, and the Owner shall not be precluded or estopped notwithstanding any such return or certificate and payment in accordance therewith, from demanding and recovering from the Contractor such damages as it may sustain by reason of his failure to comply with the speciiication and Contract Drawings. 00700.42 TIME FOR COMPLETION Work on this Contract shall be commenced on a date specified in a written order of the Owner. The work shall be carried on with such force and in such manner and order and at such points that within the time limit designated in the Contract, or as may be modified or extended as hereinafter provided, and as computed from the date stated in the notice to commence work, the whole work and its parts shall be performed in accordance with the terms of this Contract. 00700.43 COMPLETION OF WORK DEFINED 54 The time for the completion of the herein specified work is defined as that state when, in the opinion of the Owner or his authorized representative, all the work required to be performed under the terms of the Contract plans, specifications and extra work orders has been completed and the entire facility including appurtenances is ready for continuous permanent use for the purpose intended. After this date there may still remain some cleaning up of Contractor's plant or minor work and/or adjustments, which do not prevent the permanent use of the project. 00700.44 DELAYS AND EXTENSIONS OF TIME If the Contractor shall be delayed at any time in the progress of the work by any cause beyond the Contractor's control and without his fault or negligence, including but not restricted to any act or neglect of the Owner, or of his agents or employees, or by any other Contractor employed by the Owner, or by changes ordered in the work, acts of God or of the public enemy, fires, floods, epidemics, quarantines, strikes, lockouts, riots, civil commotions or freight embargoes or by delay authorized by the Owner, or by any cause which the Owner shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Owner shall decide. No claim for increased compensation shall be paid for delays. No such extension shall be made for delay occurring more than seven (7) days before claim therefore is made in writing to the Owner. In the case of a continuing cause of delay, only one claim is necessary. 00700.45 LIQUIDATED DAMAGES It is mutually agreed by and between the parties hereto that time is an essential part of this Contract, and that, if the Contractor shall fail to complete the work or any part thereof within the time fixed in the Contract, the Owner will suffer damages the amount of which cannot reasonably be determined at this time, and therefore agree that the Owner may retain as liquidated damages incident to such delay, from the monies that are or which may become due said Contractor, such sum per day as specified in the Proposal for each and every calendar day the completion of the work be delayed beyond the time specified herein for such completion. In addition to liquidated damages indicated herein, the Contractor will be responsible for additional costs of construction phase engineering services caused by his failure to complete work within the time specified. 00700.46 PRICES The Owner will pay, and the Contractor shall receive, the prices stipulated in the proposal herein contained or hereto annexed, as full compensation for furnishing all the equipment and materials, and perfortning all the labor which may be necessary in the prosecution of the work required to provide the complete facility as defined in this Contract. 55 00700.47 PARTIAL ESTIMATES AND PAYMENTS If the work progresses according to this Contract, the Owner will make partial payments to the Contractor each month on the basis of a confirmed estimate of the work performed during the preceding calendar month by the Contractor. Upon such estimate being made and confirmed and approved by the Owner, the Owner will pay to the Contractor ninety per centum (90%) of the amount established in such an estimate as the value of the work completed. Such payment shall be considered, however, only as an advance payment and not as part of the final payment to the Contractor; and the Owner may at all times reserve and retain out of any or all of the said partial payments all such sums as it is or may be authorized to reserve or retain. It is understood and agreed that, should the Owner at any time during the progress of the work consider the amount withheld on monthly estimates of payment to be in excess of the amount necessary to complete the work or necessary for the full and ample protection of the Owner, then the Owner, may reduce the percentage retained to an amount sufiicient for the Owner's proper protection. No estimates given, nor payments made, shall be conclusive of the performance of the contract either wholly or in part, and no estimates, payments or certifcates of final payment shall be construed to be an acceptance of inferior or defective work or materials. 00700.48 PAYMENTS WITHHELD The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or a part of any certificate to such extent as may be necessary to protect himself from loss on account of: Defective work not remedied. 2. Claims filed or reasonable evidence indicating probable filing of claims. Failure of the Contractor to make payments promptly to subcontractors, or for material, labor or equipment. 4. A reasonable doubt that the Contract can be completed for the balance, then unpaid. Damage to another Contractor. 6. Failure of Contractor to clean-up or restore the project site or rights-of-way. 7. Insolvency of Contractor. Manifest intent of Contractor not to proceed diligently or to complete this contract. 56 When the above grounds are removed, payment shall be made for amounts withheld because of them. 00700.49 LIENS AND FINAL PAYMENTS Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the Owner a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information the releases and receipts include all the labor and material for which a lien could be filed; but the Contractor may, if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to the Owner, to indemnify the Owner against any lien. If any lien remains unsatisfed after all payments are made, the Contractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging such a lien, including all administrative costs and a reasonable attorney's fee. The final payment shall not become due and payable until the Contractor shall have furnished the Owner with satisfactory evidence that all labor, materials, outstanding claims and indebtedness of whatsoever nature arising out of the performance of the Contract have been paid, and until the Contractor shall have furnished a written statement to such effect executed by Contractor and Sureties, which will further provide that payment to the Contractor of the fnal estimate shall not relieve any Surety of its obligation to the Owner as set forth in the Surety Bonds. Where one or more claims against the Contractor which are in controversy appear unsatisfied, the Owner shall have the discretion to direct final payment to be made, or a partial payment to be made from the retained percentage, should it be determined that the withholding of the entire final payment would work a hardship on the Contractor or delay the final payments of other Contractors or subcontractors on the project. In such cases, the Contractor and Sureties shall provide the evidences and statements required under this paragraph, but shall itemize the claims which remain unsatisfied, giving the reason therefore, and the statements of the Surety Companies shall provide that the final payment or partial payment, as the case may be, shall not relieve any Surety of any obligations to the Owner as set forth in the Surety Bonds. If only partial payment from the retained percentage is permitted under this paragraph, the iinal payment shall not be made until the Contractor shall have furnished satisfactory evidence and a statement from the Surety that all claims against the Contractor have been paid and that payment to the Contractor of the contract balance shall not relieve the Surety of any of its obligations to the Owner as provided in the Surety's Bond. 00700.50 FINAL APPROVAL AND ACCEPTANCE OF THE WORK Following the completion of this Contract, as such completion is defined in the Specifications and as soon thereafter as practicable, the Owner, his representative or the Engineer will review the work and will make a final estimate of the amount and value of work done by the Contractor. If the said work appears to be satisfactory and appears to be done in accordance with the provisions and terms of the Contract Documents, the Owner, upon notice of completion from his 57 representative, and within forty-five (45) days after the final estimate of work is made and confirmed as correct and unpaid and is approved, will pay to the Contractor the full value of the work done under this Contract less any amounts previously paid and less any advances whatsoever, and the Owner will certify the work as completed and will accept it. Said acceptance will, however, be in all events conditional upon the subsequent remedying by the Contractor of defects in workmanship or materials which may become apparent within a period of one (1) year (or a longer period as required elsewhere in the Contract Documents) following the date of acceptance as herein required. In the event the Owner refuses or declines to certify the work as completed and accepted and make final payment therefore within forty-five (45) days after notice and certification, the Owner shall immediately set forth in writing to the Contractor the reasons for such non-acceptance of the work. After all valid reasons for non-acceptance have been removed, the Owner shall execute the final certificate of completion and acceptance and shall make final payment. The certifcation of completion and acceptance of the work will be a prerequisite to final payment hereunder. All prior estimates and payments, including those relating to extra work, shall be subject to correction or adjustment by the iinal cost estimate. Such final payment, however, shall not serve as a release of the Contractor or of his Sureties from the previously required guarantee against defects in Contract performance for a period of one (1) year following the date of acceptance of the work by the Owner. The acceptance by the Contractor of the final payment, made as aforesaid, shall operate as and shall be a release to the Owner and to the Engineer and every member and agent of both said parties from all claims and liabilities to the Contractor for anything done or furnished for, or relating to the work, or for any act or neglect of the Owner or the Engineer or of any person relating to or effecting the work, but this final payment shall not relieve the Contractor from his indemnity, guarantee and/or warranty obligations under the terms of the Contract. As soon as is practicable after twelve (12) months have elapsed from the date of completion as herein deiined, the Owner shall make a review and re-inspection of the work and performance of this contract, or cause the same to be made. If the said performance and work shall be found satisfactory and work not to have deteriorated through defects in workmanship or materials, then the Owner shall certify the release of the Surety on the Bond for Performance of Contract. If, however, the review and re-inspection, or any prior inspection, discloses defects due to the non-fulfillment of this Contract, or non-compliance with its requirements, the Owner shall so notify the Contractor in writing, and thereupon the Contractor shall, at his own expense, repair or replace and shall make good all defects in workmanship, materials, and guarantee, and shall rectify any non-compliance, and such repairs and fulfillment shall be a prerequisite to the release of the Surety on the Bond. If, however, the Contractor shall, after due notice, refuse or neglect to make good the defects to the satisfaction of the Owner, then the Owner may, and is hereby empowered to, proceed in the manner prescribed in the event of abandonment or forfeiture of the work by the Contractor, in which case completion by the Owner and the payment of claims for material and labor and other expense as provided in such procedures, shall be a prerequisite to the release of the Surety on the Bond for Performance of Contract. Q3 Within thirteen (13) months after the date of acceptance of the work, or as soon thereafter as practical, as hereinbefore provided, following a re-inspection, and provided further that any repairs necessitated by defects in material or workmanship as determined by the Owner in the re-inspection shall have been made, the Owner will, in writing, finally release the Contractor, his Sureties and all parties hereunder. 59 SECTION 00800 SUPPLEMENTARY CONDITIONS 00800.01 SUPPLEMENTARY CONDITIONS PREVAIL The provisions of this section amplify, amend, change and/or add to all other provisions of the Contract Documents. In the event of a conflict between these Supplementary Conditions and any other Sections of the Contract Documents, the Supplementary conditions shall apply. 00800.02 MATERIALS SUPPLIED BY THE OWNER Clearwater Gas System shall supply the following materials: piping (carrier and casing); valves and valve boxes; concrete valve rings; fittings; tracer wire; marker tape; marker poles; and splice kits. The contractor shall supply the labor necessary for loading the materials supplied by CGS. The contractor shall provide all other materials necessary to complete the work. The contractor shall be responsible for all materials disbursed including accurately inventory of such materials. Contractor shall provide a trailer capable of transporting 40' or longer lengths of polyethylene pipe without damaging pipe. 00800.03 PERMITS The Contractor shall perform all work in strict accordance with the requirements of the following permits which will be obtained by the Owner: Pinellas County Use Permit, Various City Use Permits, Florida Department of Transportation Utility Permit, Army Corps of Engineers permit and the Florida Department of Environmental Protection Dredge and Fill Exemption. The contractor is responsible for obtaining any necessary permits with gas meter relocations and shall be listed as the contractor of record for underground gas house piping installations. 00800.04 JOINING OF PLASTIC PIPE In amplification of Section 02685, Page 02685-4, Article 3.06, the Contractor shall get prior approval from Clearwater Gas System to use electric fusion couplings. If electric fusion couplings are used, they shall be supplied by the Contractor at no additional cost to the Owner. The Contractor shall provide either an Central, Innogaz or Friatec universal electro fusion control box, capable of storing a minimum of 100 fusion records, pipe alignment clamp, tapping tee alignment clamp, tapping wrench, pipe scraper, and all other tooling specified by the Electro Fusion machine manufacturer in their respective installation procedures. Contractor shall provide the necessary power supply to meet the power requirements as specifed by the manufacturer of the fusion equipment. Pipe support stands shall be utilized to support pipe during fusion joining, directional boring pull in, and while lowering of the pipe into the trench. Pipe support stands shall not be spaced greater than 15' apart for directional boring pull .� in. Pipe shall be supported with stands at all time it is placed on pavement to avoid scratching the pipe surface. The Contractor shall provide a pyronometer capable of testing the temperature of the heating iron, while at fusion temperature, to an accuracy of 0.5% (±3°F). The fusion temperature of the heating iron shall be veriiied each morning in the presence of the CGS Inspector. More frequent testing may be required at the discretion of CGS Inspector. Note: All equipment must be in good working order and properly maintained during project installation. The CGS will inspect the preceding items and reject those not in compliance. The CGS shall have the right to reject any or all equipment judged inadequate to properly fuse Polyethylene Pipe and its Fittings. 61 SECTION 00900 ADDENDA (Insert Addenda here) 62 SECTION 01000 GENERAL REQUIREMENTS 01000.01 TRAFFIC CONTROL The Contractor shall maintain traffic within the limits of the project for the duration of the construction period, in accordance with the requirements of FDOT Section 102 of the "Standard Specifications", as amended herein. The local streets shall be kept open to two-way traffic for the duration of the construction period, except that one lane of traffic will be permitted provided that flagmen are used. The Contractor will not be permitted to isolate access to residences or places of business. Traffic on County roads and State highways shall be controlled in accordance with the current standards of the appropriate agency. The contractor shall only utilize Florida certified Maintenance of Traffic (MOT) personnel when installing and maintaining approved work zone maintenance of traffc devices. No roadway shall be closed without proper advanced notification to Clearwater Gas System and the authority having jurisdiction, such as local police and fire. The Contractor shall furnish, erect and maintain all necessary traffic control and safety devices, in accordance with the Florida Department of Transportation "ROADWAY AND TRAFFIC DESIGN STANDARDS", applicable edition, and State of Florida "MANUAL OF TRAFFIC CONTROL AND SAFE PRACTICES FOR STREET AND HIGHWAY CONSTRUCTION MAINTENANCE AND UTILITY OPERATIONS", applicable edition, and shall take all necessary precautions for the protection of the work force personnel and the safety of the traveling public for the duration of the construction period. 01000.02 MATERIALS, EQUIPMENT AND LABOR Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and any other facilities necessary for the proper execution and completion of the work. Unless otherwise specified, all materials shall be new. The Contractor, if required, shall furnish satisfactory evidence as to the kind of and quality of materials. Before any contract is awarded the bidder may be required to furnish a complete statement of the origin, composition and manufacture of any or all materials or equipment to be used in the work, together with samples, which samples may be subject to tests provided for in these specifications to determine their quality and fitness for the work. All materials and all workmanship shall be of good quality and meet specification requirements. Failure of the Owner or Engineer to request material, samples or conduct tests on the same does not relieve the Contractor of responsibility to furnish the material as specified. The Contractor shall furnish such equipment as is considered necessary for the prosecution of the work in an acceptable manner at a satisfactory rate of progress so as to insure completion by the date set forth in the Contract. The equipment used on any portion of the 63 work shall be used in such a manner so as not to endanger the lives of the operators or others, nor cause damage to adjacent real property, roadways, structures, or any other property whatsoever. 01000.03 PROGRESS PHOTOGRAPHS The Contractor shall furnish photographs, 5" x 7", on standard weight paper with negatives, as directed by the Owner, showing the job, before, during and upon completion of the construction. Smaller size (not less than 3"x4") photographs shall be furnished to show unusual conditions encountered during construction. 01000.04 STANDARDS Wherever in these Contract documents reference is specifications, codes, standards, understood that the specifications, advertisement for bids shall govern, and requirements, codes, standards, made to any of the following, or other, by abbreviation or name, it shall be and requirements in effect on the date of ASTM American Society for Testing Materials ASME American Society for Mechanical Engineers ASA American Standards Association AWWA American Water Works Association NEMA National Electric and Manufacturers Association AIEE American Institute of Electrical Engineers AASHTO American Association of State Highway and Transportation Officials NBFU National Board Fire Underwriters NEC National Electric Code ACI AGA AISC AWPA Fed. Spec. SBC FDOT NFPA 54 IFGC FBGFG American Concrete Institute American Gas Association American Institute Steel Construction American Wood Preservers Association Federal Speciiications U.S. Government Southern Building Code Florida Department of Transportation National Fuel Gas Code International Fuel Gas Code Florida Building Code Fuel Gas "Standard Specifications" - FDOT Standard Specifications for Road and Bridge Construction, latest edition, including all supplemental specifications, indices and other directives in effect. 01000.05 STORAGE OF MATERIALS AND RIGHTS-OF-WAY 64 The Owner shall provide the land upon which the work is to be done, with right of access thereto unless otherwise specified elsewhere in the Contract Documents. The Contractor shall anticipate requirements of space and land for the erection of temporary construction facilities, office, and storage of materials. Should the Owner decide that the site of work is insufiicient for such temporary facilities, the Contractor will be required to arrange for such additional space and land as may be necessary at his expense. The Contractor shall make his own arrangements for delivery and handling of equipment and materials as he may require for the prosecution of his work. In underground utility work all materials required in the work may be stored on the sides of the roadway or parking area of the street in which the utilities are to be constructed, as approved by the Owner and/or municipality having jurisdiction, but all such materials, tools and machinery shall be neatly and compactly piled in such manner as to cause the least inconvenience to the property owners and the traffic. Material shall be stored outside of the "Clear Zone" of roadways. All fire hydrants must at all times be kept free and unobstructed and water and gas shut-off boxes must be kept uncovered. The materials shall be stored so as to insure the preservation of the quality and fitness for the work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces and shall be placed under cover as directed. Stored materials shall be located so as to facilitate prompt inspection. Materials, tools, and machinery shall not be piled or placed against shade trees unless ample protection is provided for the trees. Lawns, grass plots, or other private or public property shall not be used for storage purposes without the written permission of the Owner. 01000.06 UTILITIES The Contractor shall have the complete responsibility of coordinating his work with the owners of the various utilities now existing or to be constructed within the limits of this project so that a minimum delay in the construction shall occur there from. 01000.07 SAFETY AND HEALTH REGULATIONS The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational and Health Act of 1970 (PL596) and under Sec. 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). The Contractor shall comply with the State of Florida Trench Safety Act and the City Of Clearwater Trench Safety Regulations. 01000.08 USE OF CHEMICALS All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval 65 of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with instructions. 01000.09 BY-PASSING OF SEWAGE The Contractor shall schedule his work so as to either minimize or completely eliminate any by- pass of raw sewage during construction. 01000.10 DEWATERING AND SEWAGE PUMPS In general, all pumps utilized by Contractor during construction shall be electric motor driven. Internal combustion engine driven pumps may be used for a particular application only upon approval of the Owner. 01000.11 LINES, GRADES AND CONSTRUCTION SURVEYING The Contractor shall employ a competent surveyor satisfactory to the Owner to lay out the work from the bench marks, grades, dimensions, points and lines noted on the working drawings, established at the site, or supplied by the Engineer. Cost of lines, grades and construction surveying shall be paid for by the contractor. All work of every description shall be laid out and checked by the Contractor who will be held solely responsible for its correctness, and all expenses in connection with this work shall be paid for by the Contractor. In the event batter boards are used the maximum allowable interval for construction batter boards on sewers and pipe lines will be forty (40) feet for grades under 1.00 percent (1%) and ffty (50) feet for grades of 1.00 percent (1%) and over. The work may be checked by the Owner and, in the event of discrepancy, his decision shall be final. No special compensation will be made to the Contractor to defray costs of any of the work or delays occasioned by making surveys and measurements, tests or inspections, but such costs shall be considered as having been included in the price stipulated for the several items of the work to be done under this contract. 01000.12 TESTS Tests of material, where required by the specifications, shall be paid for by the Contractor. The selection of bureaus, laboratories, and/or agencies for the inspection and testing of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory .s documentary evidence that the materials have passed the required inspections and tests must be furnished to the Owner. Steel Pipe Inspection Radiography Using X-Ray and Gamma y Ray on Welds - Radiography is one of the most useful of the non-destructive tests which can be applied for assessing the quality of the welded joints. Radiograph has been used for the inspection of welds of all types and thicknesses ranging from minute welds in electronic components to welds up to half ineter thick employed in heavy fabrications. All potential welder operating on CGS facilities shall be weld tested by both destructively and non- destructively methods of evaluation. Welding certification is limited to 6 months before requaliiication is required Radiography can detect flaws or discontinuities in welds such as: (i) Cracks. (ii) Porosity and blow holes. (iii) Slag, flux or oxide inclusions. (iv) Lack of fusion between the weld metal and the parent metal (v) Incomplete penetration 01000.13 WATER AND ELECTRIC POWER The cost of all water for construction and testing purposes, as well as the expense of having the water conveyed to and about the work, must be borne by the Contractor and the cost of this work shall be considered as having been included in the unit or lump sum prices stipulated for the several items of work to be done under this contract. Unless otherwise specifically permitted by the Engineer, all water used for construction purposes shall be obtained from the public water supply main. The Contractor shall make his own arrangements for electric light and power, as may be required for his work. Electric light and power and water shall not be utilized from any location without written consent of the property owner. 01000.14 MONUMENTS AND LANDMARKS Monuments or landmarks shall not be molested or removed by the Contractor or any of his employees without written consent of the Owner. Any monument or landmark so removed will be replaced by the Owner at the expense of the Contractor. 01000.15 DETOURS The Contractor must so schedule his work that in no case are two adjoining parallel streets closed for utility construction at any one time. If, in the opinion of the Owner, a traffc hazard or an unreasonable long detour is caused by the Contractor's plan of work, he shall immediately revise his working schedule and reopen whatever streets are required for maintenance of traffic. The 67 Contractor will, in no case, be permitted to start work in any new location without permission of the Owner. If the Contractor shall disregard the instructions of the Owner concerning traffic control, it will be considered sufficient cause to invoke that section of the specifications entitled "The Owner's Right to Terminate Contract." The Contractor will be responsible for placing and maintaining "Detour" signs when required, or when directed by the Owner. The local fire department and 911 dispatch center shall be notifed of any street closures in advance of such closure. 01000.16 EXISTING UTILITIES The Contractor will be required, at his own expense, to do everything necessary to locate, protect, support, sustain and avoid conflicts with existing water, gas and service pipes, storm and sanitary sewers, existing structures, electric light and power lines, telephone poles, conduits, roads and other fixtures on the site of the work. In case any of the said water, gas, and service pipes, storm and sanitary sewers, existing structures, electric light and power lines, telephone poles, conduits, roads and other fixtures be damaged, they shall be repaired, but the cost thereof shall be considered as having been included in the prices stipulated for the various items of work to be done under contract; per OSHA 1026.651 01000.17 SANITARY MEASURE5 Sanitary conveniences for the use of all persons employed on the work shall be provided and maintained by the Contractor in sufiicient number, in such manner and in such places as shall be approved by the Owner. All persons connected with this work shall be obliged to use them, and any employees found violating these provisions shall be discharged and not again employed without written consent. All necessary precautions, including the care of employees, and prevention of any pollution of the existing water supply shall at all times be satisfactory to the governing authorities. The Contractor shall promptly and fully comply with all orders and regulations in regard to these matters. 01000.18 CLEANING UP As the work progresses, the Contractor shall remove from the site and dispose of debris and waste material. Particular attention shall be given to minimizing any fire hazard from combustibles as may be used in connection with the work. On or before the date of the iinal estimate for the work, the Contractor shall tear down and remove all temporary structures built by him, shall remove all construction plant used by him and shall repair and replace all parts of existing embankments, fences, sidewalks, shrubbery or structures which were removed or injured by the Contractor's operations or by employees of the Contractor; shall thoroughly clean out all sewers, drains, pipes, manholes and miscellaneous structures and shall remove all rubbish and leave ground, thoroughfares, and rights-of-way in a neat and satisfactory condition. .: 01000.19 FAILURE TO CLEAN UP Upon failure of the Contractor to keep the sites of his operations clean, to the satisfaction of the Owner may upon twenty-four (24) hours' notice to the Contractor, remove any rubbish, materials, earth, etc., which the Owner may deem necessary, charging the cost thereof to the Contractor and may deduct the amount from any money that may be due him. 01000.20 RESTORATION OF SURFACE The Contractor shall replace all surface material, and shall restore paving (unless otherwise stipulated), curbing, sidewalks, gutters, shrubbery, fences, sod, and other surfaces disturbed to a condition equal to that before the work began, furnishing all labor and materials incidental thereto. In restoring paved surfaces, new pavement is required except that granite paving blocks, sound brick, or asphalt paving blocks may be reused. Restoration work should be expedited. 01000.21 PROJECT RECORD DRAWINGS (AS- BUILTS) The Contractor shall maintain continuous "record" data for the project, including accurate records of location, length, and elevation of all pipe lines and piping installed and all architectural, mechanical, or structural features of the Contract and will provide specific information to Clearwater Gas System as required. A set of drawings will be provided to the Contractor to be kept at the job site for this purpose. Promptly after completion of any portion of the job site, the Contractor shall deliver to the City Engineer or CGS the Owner a professional type drawings of completed work, with accurate notations recorded thereon as necessary to revise the drawings for record purposes. Information to be shown for GAS mains and service lines shall include the location of valves, tees, and offsets dimensions to the nearest permanent objector monument two road centerline measurements. Information to be shown on a submitted as built or service line installation card shall include the distance to the nearest cross street center line, length of service line, measurement from building corner, a north arrow and building number served. The Contractor will be held responsible for the accuracy of such data and shall bear any monetary costs incurred in finding gas utilities as a result of incorrect data furnished by the Contractor. .• SECTION 02005 MOBILIZATION PART 1 - GENERAL 1.01 WORK INCLUDED A. The work specified under this Section consists of the preparatory work and operations in mobilizing to begin work on the project, including but not limited to those operations necessary for the movement of personnel, equipment, supplies and incidentals to the project site(s), and for the establishment of temporary offices, buildings, safety equipment and first aid supplies, sanitary and other facilities as required by these specifications, special provisions and state and local laws and regulations. B. The cost of bonds and any required insurance, consideration for indemnification to the Owner and the Engineer, and any other pre-construction expenses necessary for the start of the work, excluding the cost of construction materials, shall also be included in this Section. PART 2 - PRODUCTS A. Not Applicable PART 3 - EXECUTION A. Not Applicable PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The quantity of Mobilization for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Mobilization is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. 4.02 PAYMENT A. Payment for Mobilization shall be made at the prices stated in the Bid Schedule. If a payment item for Mobilization is not specifically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. �o SECTION 02221 TRENCHING, BACKFILLING AND COMPACTING FOR UTILITY SYSTEMS PART 1 - GENERAL 1.01 WORK INCLUDED A. The work included under this Section consists of clearing, exeavating, grading and backfilling as required for the construction of the utility systems consisting of piping and appurtenances as shown on the Drawings and specified herein. PART 2 - PRODUCTS 2.01 BEDDING MATERIAL A. Bedding material for use below the water table or in wet trenches shall be pea rock, drain field lime rock ar similar material as approved by the Owner's Representative. Pipe bedding material for use in dry trenches shall be lime rock screenings, sand or other fine inorganic material as approved by the Owner's Representative. 2.02 ADDITIONAL BACKFILL MATERIAL A. Additional backfill material shall be a noncohesive, nonplastic granular mixture of local sand and rock and shall be free from vegetation, organic material, marl, silt or muck. No stones or rocks shall be larger than 6-inches in diameter, and when placed within 1-foot of piping and appurtenances stones or rocks shall be no larger than 2-inches in diameter (1-inch for PVC). PART 3 - EXECUTION 3.01 CLEARING A. The Contractor shall perform all clearing necessary for the proper installation of all piping and appurtenances in the locations shown on the Drawings. Plantings, shrubbery, trees, utility poles or structures subject to damage resulting from the excavation shall be transplanted, relocated, braced, shored, or otherwise protected, preserved and restored unless otherwise directed by the Owner's Representative. 3.02 EXCAVATION A. The Contractor shall perform all excavation of every description and of whatever substances encountered, to the dimensions and depth shown on the Drawings, or as directed. The contractor shall employ an OSHA competent person at each excavation site to promote safe excavation practices. All excavations shall be �l made by open cut. All existing utilities such as pipes, poles and structures shall be carefully supported and protected from injury, and in case of damage, they shall be restored at no cost to the Owner's Representative. B. Trench walls shall be kept to protect the safety of workmen, the general public, this or other work or structures, or to maintain trench widths within the limits hereinafter specified, shall be properly sheeted and braced in accordance with the Florida Trench Safety Act and Occupational Safety & Health Administration (OSHA) safety standards 29 C.F.R.S.1926.650 Subpart P. Where wood sheeting or certain designs of steel sheeting are used, the sheeting shall be cut off at a level 2-feet above the top of the installed pipe and that portion below that level shall be left in place. If interlocking steel sheeting is used, it may be removed providing removal can be accomplished without disturbing the bedding, pipe or alignment of the pipe. Any damage to the sheeting shall be cause for rejection of the affected portion of the work. Not more than 100-feet of trench shall be opened ahead of pipe laying operations at one time unless the Owner's Representative approves a greater length of open trench. C. In areas where trench widths are not limited by right-of-way, and/or easement widths, property line restrictions, existing adjacent improvements, including pavements, structures and other utilities, and maintenance of traffic, the trench sides may be sloped to a stable angle of repose of the excavated material. A substantially and safely constructed movable trench box shield, "box" or "mole" may be used in place of sheeting when the trench is opened immediately ahead of the shield and closed immediately behind the shield as pipe laying proceeds inside the shield. D. Ladders or steps shall be provided for and used by workmen to enter and leave trenches. E. Pipe trenches for utility lines shall be excavated to a width within the limits of the top of the pipe and the trench bottom so as to provide a clearance on each side of the pipe barrel, measured to the face of the excavation or sheeting, if used, of 8- inches to 12-inches. Where the pipe size exceeds 12-inches, the clearance shall be from 12-inches to 18-inches. All pipe trenches shall be excavated to a level 8- inches below the outside bottom of the proposed pipe barrel. F. Excavation for appurtenances shall be sufficient to provide a clearance between their outer surfaces and the face of the excavation or sheeting, if used, of not less than 12-inches. Manhole excavations shall be carried to sufficient depth to permit their construction on the undisturbed bottom of the excavation. G. Materials removed from the trenches shall be stored and disposed of in such a manner that they will not interfere unduly with trafiic on public streets and sidewalks and they shall not be placed on private property. In congested areas, 72 such materials as cannot be stored adjacent to the trench or used immediately as backfill shall be removed to convenient places of storage. H. All materials suitable for use as backfill shall be hauled to and used in areas where not enough suitable material is available from the excavation. I. Suitable material in excess of backfll requirements and all unsuitable material shall become the property of the Contractor and shall be removed from the work and disposed of by the Contractor at his expense. Excess suitable material shall remain the property of the Owner and shall be disposed of within the limits of the project as directed by the Owner's Representative. The disposal area shall be finish graded upon completion of the work. 3.03 REMOVAL OF WATER A. It is a basic requirement of these specifications that excavations shall be free from water before pipe or structures are installed. However, it is realized that in certain sections of the work this cannot be accomplished economically and the Contractor may elect to use the Alternate Method of Construction. B. The Contractor shall provide all necessary pumps, underdrains, well-point systems, and other means for removing water from trenches and other parts of the work. The Contractor shall continue dewatering operations until the backfill has progressed to a sufficient depth over the pipe to prevent flotation or movement of the pipe in the trench and so that it is above the natural water table. C. Water from the trenches and excavation shall be disposed of in such a manner as will not cause injury to public health, to public or private property, to the work completed or in progress, to the surface of the streets, or cause any interference with the use of the same by the public. CGS is not responsible for, or the disposal of, or any associated costs relating to the disposal of any contaminated ground water. The Contractor shall submit his proposed methods of handling trench water and locations at which the water will be disposed of to the Owner's Representative for approval and shall receive approval before starting the excavation. 3.04 PIPE BEDDING A. As described above, all pipe trenches shall be excavated to a level 8-inches below the outside bottom of the proposed pipe barrel. The resulting excavation shall be backfilled with approved pipe bedding materials, up to the level of the lower one- third of the proposed pipe barrel. This backfill shall be tamped and compacted to provide a proper bedding for the pipe and shall then be shaped to receive the pipe. Bedding shall be provided under the branch of all fittings to furnish adequate 73 support and bearing under the fitting. Bedding material for piping shall be pea rock, drainfield lime rock, or similar materials as approved by the Owner's Representative. Lime rock screenings, sand or other fine inorganic material from the excavation may be used for bedding material when pipe is installed above the natural water table. B. Any excavation below the levels required for installation of the pipe bedding, except for "Additional Excavation", as hereinafter specifed, shall be backfilled with approved bedding material, tamped, compacted and shaped to provide proper support for the proposed pipe, at no additional cost to the Owner's Representative. 3.05 BACKFILL UNDER MANHOLES AND METER VAULTS A. Any excavation below the levels required for the proper construction of manholes or meter vaults shall be iilled with Class I concrete. The use of earth, rock, sand or other materials for this purpose will not be permitted. 3.06 TRENCH STABILIZATION A. No claim for extras, or additional payment will be considered for cost incurred in the stabilization of trench bottoms, which are rendered soft or unstable as a result of construction methods, such as improper or inadequate sheeting, dewatering or other causes. In no event shall pipe be installed when such conditions exist and the Contractor shall correct such conditions so as to provide proper bedding or foundations for the proposed installation at no additional cost to the Owner. 3.07 SPECIAL PIPE FOUNDATION A. General: When shown on the Drawings or when directed by the Owner, the Contractor shall provide the special type of pipe foundation in lieu of the pipe bedding as specifed above and provide the additional excavation required. B. Type A Pipe Foundation: Type A pipe foundation shall be used when and where directed by the Owner's Representative. Foundation material shall be crushed, graded, local limestone suitable for use as concrete aggregate. Gradation shall be such that 95-100 percent of the material will pass a 1-inch square opening laboratory sieve. Material shall be placed from 1-foot below the barrel of the pipe to 6-inches above the pipe and the width of the foundation material as placed around the pipe shall not be less than the outside diameter of the pipe, plus 12- inches. Construction of Type A pipe foundation shall be as shown or indicated on the Drawings. Foundation material shall be placed in the bottom of the trench and compacted to an elevation, which will provide firm bedding for the full pipe length, after which material shall be placed and compacted evenly on both sides of the pipe and above the pipe to an elevation 6-inches above the top of the pipe barrel. Pipe shall not be displaced or damaged during placement and compaction of the foundation material. 74 C. Type B Pipe Foundation: Where soft, yielding, unstable or other unsatisfactory material exists at the bottom of the trench, the Owner's Representative may direct the use of Type B Pipe Foundation. Only the pipe foundation ordered by the Owner's Representative will be paid for. Construction shall be in accordance with the details shown or indicated on the Drawings. Concrete shall be Class I. 3.08 BACKFILL A. Backflling of utility trenches will not be allowed until the work has been approved by the Owner's Representative, pressure tested if required, and the Owner's Representative indicates that backfilling may proceed. Any work which is covered or concealed without the knowledge and consent of the Owner's Representative shall be uncovered or exposed for inspection at no cost to the Owner's Representative. Partial backfill may be made to restrain the pipe during pressure testing. Sight tubes will be installed on underground house piping installations as appropriate intervals for inspection. B. Backfill material shall be noncohesive, nonplastic material free of all debris, organic material, lumps, clods and broken paving. Backfill material placed within 1-foot of piping and appurtenances shall not contain any stones or rocks larger than 2-inches in diameter (1-inch for PVC) and no stones or rocks larger than 6- inches in diameter will be permitted in any backfill. C. If a sufficient quantity of suitable backfill material is not available from the trench or other excavations within the site of the work, the Owner's Representative will order the Contractor to provide additional material suitable for this purpose. The additional material shall be installed as specified herein. No payment will be made for additional backfill material used to replace nonplastic material (rock) over 6-inches in diameter. D. Selected backfill material containing no stone or rocks larger than 2-inches shall be placed in 6-inch layers and thoroughly tamped to a depth of 12-inches over the top of the pipe. Particular attention and care shall be exercised in obtaining thorough support for the branch of all service connection fittings. Care shall be taken to preserve the alignment and gradient of the installed pipe. E. After the backfill has been placed to a level 12-inches over the gasline waterline or force main pipe, the remainder of the backfill shall be placed in layers, not to exceed 9-inches, and compacted with mechanical vibrators or other suitable equipment to obtain a density of the backfilled material of not less than 95 percent of its maximum density as hereinafter defined, unless otherwise specified on the plans. F. After selected backfill has been placed to a depth of 12-inches over the sewer pipe, backfilling shall proceed to a depth of 30-inches over the pipe by placing the backf 11 material in 6-inch layers and thoroughly compacting it with mechanical 75 vibrators. Backfill in this portion of the work shall be compacted to 100 percent of maximum density of the material as hereinafter defined, unless otherwise specified on the plans. G. After the backfill has been placed to a level 30-inches over the sewer pipe, the remainder of the backfill shall be placed in layers, not to exceed 9-inches, and compacted with mechanical vibrators or other suitable equipment to obtain a density of the backflled material of not less than 95 percent of its maximum density as hereinafter defined, unless otherwise specified on the plans. H. Within paved areas of trench excavation, the base and surfacing shall be reconstructed as speciiied under Section 02574 Pavement Removal and Replacement. I. No more than 800-feet of trench with pipe in place shall be partially backiilled at any time. J. Shut Down of Work: When work has shut down for each day, all lines shall be capped, sealed, and pressured to 90 pounds with air. When a Project is not immediately tied-in, plug and seal all openings in the pipe and maintain a minimum of 90 pounds of air pressure. If a pipeline is to be abandoned in place, then disconnect the gas supply source, purge all of the gas utilizing nitrogen for all gas lines exceeding 1,000 linear feet or 4" pipe size and larger; any length, from the abandoned system, and seal all of the ends. 3.09 COMPACTION AND DENSITIES A. Methods of control and testing of backfill construction to be employed in this work are: Maximum density of the material in trenches shall be determined by AASHTO Designation T-180, unless otherwise noted. 2. Field density of the backfill material in place shall be determined by AASHTO Designation T-238. B. Laboratory and field density tests, which, in the opinion of the Owner's Representative, are necessary to establish compliance with the compaction requirements of these specifications, will be conducted at the Contractor's expense. Tests will be made at depths and locations selected by the Owner's Representative. C. Trench backfill which does not comply with the specified densities, as indicated by such tests, shall be reworked and recompacted until the required compaction is secured, at no additional cost to the Owner. The Costs for retesting such work shall be paid for the Contractor. �Z• 3.10 ADDITIONAL EXCAVATION AND BACKFILL A. Where organic material, such as roots, muck, or other vegetable matter, or other material which, in the opinion of the Owner's Representative, will result in unsatisfactory foundation conditions, is encountered below the level of the proposed pipe bedding material, it shall be wholly or partially removed as directed by the Owner's Representative and wasted. Sheeting shall be installed if necessary to maintain pipe trenches within the specified limits. The resulting excavation shall be backfilled with suitable backfill material, placed in 6-inch layers, tamped and compacted up to the level of the bottom of the proposed pipe bedding material. Sufficient compaction of this material shall be performed to protect the proposed pipe against settlement. Construction shall then proceed in accordance with the provisions of Article 3.04 Pipe Bedding. B. Additional excavation shall be performed only when ordered by the Owner's Representative. Where organic or other unsuitable material is encountered in the excavation, the Contractor shall bring the condition to the attention of the Owner's Representative and obtain his determination as to whether or not the material will require removal, prior to preparing the pipe bedding. C. Additional backfill material, if required, shall be furnished in accordance with the provisions therefore in Article 3.08 Backf Il. 3.11 ALTERNATE METHOD OF CONSTRUCTION A. General: 1. A combination of conditions in the substrata, water table, or method of disposal may be encountered during the course of the work, which make dewatering impossible, or only possible through the use of unusual methods, the cost of which is excessive. When such conditions are encountered, but only after all reasonable means to dewater the excavation have been employed without success, the Contractor, with the concurrence of the Owner's Representative, may elect to employ the following alternate method of construction. The concurrence of the Owner's Representative shall be obtained in writing and shall limit the use of the alternate method of construction to such specific portions of the work as the Owner's Representatives shall determine. 2. The construction specifications contained in the preceding parts of this section shall establish the required standards of construction quality for this work. Use of the alternate method of construction described hereinafter shall in no way be construed as relieving the Contractor of his basic responsibility for satisfactory completion of the work. No additional payment will be made to the Contractor for excavation, backfill, �� sheeting or any costs incurred for work or materials, or any other costs incurred as a result of the use of this alternate method of construction. The unit and lump sum prices established in the Proposal shall be full payment for the various items of work. 3. Subject to all of the requirements stated hereinabove, including written approval of the Owner, construction will be permitted in accordance with the following specifications. All requirements of Article 3.01 through Article 3.09, inclusive, of these specifications shall apply to this construction unless otherwise specifically modified herein. B. Removal of Water: The installation of pipe, manholes and appurtenances under water will be permitted and the requirements of Article 3.03 Removal of water will be waived. C. Excavation: Excavation of pipe trenches to the level of the bottom of the proposed pipe bedding shall be performed in accordance with Article 3.02 Excavation. if rock, such as lime rock or other similar hard, cemented material providing firm, unyielding trench bottoms is encountered at the level of the bottom of the proposed pipe bedding, no additional excavation will be required. If material such as sand, marl, or other material which cannot be classified as rock, as hereinabove defined, is encountered at the level of the bottom of the proposed pipe bedding, the pipe trench shall be excavated to an additional depth of 10-inches minimum, below that level. This additional excavation, and the additional back filling made necessary thereby, is an essential part of this alternate construction method and no additional payment will be made for this work, regardless of the type of material encountered. 2. Excavation for manholes to be installed under water shall be continued to a depth, below the outside bottom of the proposed structure, which will provide a minimum space of 12-inches in rock, or 24-inches in sand, as the same are deiined hereinabove, for the placement of drainfield lime rock as hereinafter specified. 3. The excavation of pipe trenches at their junction with excavations for manholes shall be modified in the following manner: A longitudinally sloping, plane bottom surface, for the placement of pipe bedding material, shall be provided from the bottom of the manhole excavation, at its extremity, to a line of intersection with the bottom of typical excavation of 10-feet measured horizontally, from the vertical plane of the manhole excavation. 78 D. Pipe and Manhole Bedding: The pipe trench or manhole excavation shall be backfilled to receive the pipe or manhole with drainfield lime rock as the same is commonly referred to in this area, up to the level of the lower one-third of the proposed pipe barrel, or to the outside bottom of the proposed manhole as applicable. This backfill shall be tamped and compacted to provide proper bedding for the pipe or manhole, as also specified herein. Under no circumstances will material other than drainfield lime rock be considered satisfactory for use as bedding material for underwater construction. E. Backfill: 1. After the pipe is installed, backfilling shall proceed in accordance with the provisions of Article 3.08 Backfill, except that drainfield lime rock shall be used to back fill around the pipe and to a level even with the top of the pipe be1L Under no circumstances will material other than drainfield limerock be considered satisfactory for this purpose. 2. If the Alternate Method of Construction is used, all backfill material, including drainiield lime rock, shall be carefully lifted into the trench and released to fall freely therein when the bucket or container is at or just above water level. Under no circumstances shall backfill material be dumped or pushed into trenches containing water. Below the existing water level, backfill material shall be carefully rammed into place in uniform layers. Above the water level, backfill material shall be placed and compacted as specified in Article 3.08 Backfill and Article 3.09 Compaction and Densities. 3.12 RESTORATION OF EXISTING SURFACES A. Paved and grassed areas disturbed by the operations required under this Section shall be restored as indicated on the Drawings and/or specified herein. All materials required for temporary and permanent street repairs shall include base materials. PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The quantity of Trenching, Backfilling and Compacting for Utility Systems for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Trenching, Backfilling and Compacting for Utility Systems is not specifcally included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. 79 4.02 PAYMENT A. Payment for Trenching, Backfilling and Compacting for Utility Systems shall be made at the prices stated in the Bid Schedule. If a payment item for Trenching, Backf lling and Compacting for Utility Systems is not specifically included in the Bid Schedule, payment for the work speciiied in this Section shall be included in the several unit and lump sum prices for all applicable items of work. END OF SECTION 80 SECTION 02574 PAVEMENT REMOVAL AND REPLACEMENT PART 1 - GENERAL 1.01 WORK INCLUDED A. Work includes all labor and materials under this Section for cutting, removing, protecting and replacing existing pavements of the various types encountered including roadways, driveways and sidewalks. B. Permits: The Contractor shall obtain the necessary permits prior to any roadway work. Additionally, the Contractor shall provide advance notice to the appropriate authority, as required, prior to construction operations. C. Protection of Existing Improvements: The Contractor shall be responsible for the protection of all types of pavements, sidewalks and other improvements within the work area. All damage to such improvements, as a result of the Contractor's operations, beyond the limits of the work of pavement replacement as described herein, shall be repaired by the Contractor at his expense. PART2-PRODUCTS 2.01 MATERIALS A. Materials, including lime rock, bituminous prime and tack coat, and asphaltic concrete for the above work shall meet the requirements established therefore by the FDOT Specifications. Lime rock shall be Miami or Ocala Lime rock. 2. Bituminous prime coat material shall be cutback asphalt Grade RC-70. 3. Bituminous tack coat material shall be emulsified asphalt Grade RS-2. 4. Asphaltic concrete shall be Type S-I or S-III. 5. Concrete material shall be Class I or II, and/or as otherwise required to meet FDOT specifications. 6. Welded wire fabric, joint reinforcing welded wire fabric shall conform to ASTM-A185 and ASTM-A615. E� PART 3 - EXECUTION 3.01 PREPARATION A. Pedestrian or school crossings: Where the work crosses or interferes with school or pedestrian crossings, extreme care shall be taken by the Contractor to insure the safety of school children or other pedestrians. Contractor shall also make necessary accommodations to provide a safe path for handicap individuals traveling through the work zone, compliant to ADA. 3.02 PERFORMANCE A. Removals: 1. Pavement Removal: a. Where existing pavement is to be removed, the surfacing shall be mechanical saw cut prior to trench excavation, leaving a uniform and straight edge, with minimum disturbance to the remaining adjacent surfacing. The width of cut for this phase of existing pavement removal shall be minimal. b. Immediately following the specified backfilling and compaction, a temporary sand seal coat surface shall be applied to the cut areas. This temporary surfacing shall provide a smooth traffic surface with the existing roadway and shall be maintained until iinal restoration. Said surfacing shall remain for 10 days in order to assure the stability of the backfill under normal traffic conditions. Following this period and prior to 15 days after application, the temporary surfacing shall be removed and final roadway surface restoration accomplished. c. In advance of iinal restoration, the temporary surfacing shall be removed and the existing pavement mechanically sawed straight and clean to the stipulated dimensions. Following the above operation, the Contractor shall proceed immediately with final pavement restoration in accordance with these requirements. 2. Sidewalk, Drive, & Curb Removal: Concrete sidewalks, curbs, combination curb and gutter, walks, drive ribbons, or driveways shall be removed by initially sawing the structure, with a suitable power saw, as specified above for pavement. When a formed joint in the concrete is within 3-feet of the proposed saw cut and parallels the proposed saw cut, the removal line shall be extended to the formed joint. After sawing, the material shall be removed. 82 - . B. Restorations: General: Cut and removed driveway or roadway pavement in connection with trench excavation shall be replaced or restored in equal or better condition than the original and as may be shown on the Drawings. The Drawings indicate minimum requirements. Backfill shall comply with the other sections of these Specifications or FDOT Standards, whichever are more stringent. 2. Pavement Restoration - Asphalt: a. Lime rock base course shall be compacted for its full thickness to not less than 98 percent of maximum density as determined by AASHTO Designation T 180. field density of lime rock base in place shall be determined by AASHTO Designation T 238. b. Construction methods and equipment shall generally meet the requirements therefore as established in the FDOT Specifications. c. After the application of the prime coat on the base, the prime coat shall be allowed to cure without sanding for a period of 24- hours. The Contractor shall take all necessary precautions to protect the primed surface against damage during this interval. If, at the end of 24-hours, it is not proposed to proceed at once with the application of the surface course, primed surface shall be given a light application of clean sand and opened to traffic. d. Joints with existing surface and base shall be sawed cut straight and neat. If necessary to obtain a straight net joint, the contractor shall cut out sufficient existing material and replace it with new material. e. The upper surface of the completed base course shall be compacted to an elevation to permit the full depth of the surface course to be constructed without deviating from the grade of the pavement surface. The completed surface shall match the line and grade of the existing surface. When pavement is removed to the edge of the roadway, the replaced base course shall extend not less than 6-inches beyond the edge of the surfacing. f. After the base course construction in the trench area has been completed and primed, the surface shall be tack coated and the thickness of Type S-I asphaltic concrete shall be constructed in :Pc. accordance with the plans or requirements specified above for pavement restoration. Driveway Restoration - Asphalt: Driveway pavement with lime rock base cut and removed in connection with trench excavation shall be replaced or restored as speciiied above for street or roadway pavement, except the new lime rock base course shall be equivalent the existing base course in thickness, except that in no case shall new driveway base course be less than 6-inches in thickness. Muck or unsuitable material found under existing driveway construction will not be removed and replaced. 4. Concrete, Sidewalk, Walkway, Driveway Ribbon and Curb Restoration: a. Concrete sidewalks, walkways, driveways, driveway ribbons and curbs required to be removed for the installation of facilities under this Contract shall be restored. Class I concrete shall be used in all cases. b. Replaced portions of these items shall conform to the lines, grades and cross sections of the removed portions. Concrete sidewalks and walkways shall be of 4-inch minimum thickness; concrete driveways and driveway ribbons shall be 6-inch minimum thickness. Replaced concrete curb and/or gutter shall join neatly to the remaining section. Pavement Restoration - Concrete: Rigid pavement shall be replaced in kind with Class I concrete, using high early strength cement. The subgrade course for rigid pavement shall be replaced with stabilized subgrade or cleaniill material and compacted to a thickness to match the existing base. a. The Contractor shall saw cut and remove the existing concrete to the nearest joint as directed in the field by the Owner's Representative. Provision for expansion joints (minimum %2" preformed joint filler) and saw cut joints shall be a part of the restoration work for the driveway and roadway. 6. Asphaltic Concrete Surface Course Overlay: a. The work under this section includes asphaltic concrete surface course overlay paving as and where directed by the Owner or his authorized representative. Where this paving is directed it shall take the place of asphaltic concrete pavement restoration as specified herein above. This surface course overlay shall extend over the reconstructed base course and the existing pavement to the [�! limits directed by the Owner or his authorized representative, which generally shall be full width of the roadway. b. After the base course construction in the trench area has been completed and primed, the surface shall be tack coated and the thickness of Type S-III asphaltic concrete shall be constructed in accordance with the plans or requirements specified above for pavement restoration. 7. Nonsurfaced streets, alleys and driveways shall be restored with 6-inches of compacted lime rock base material placed in the top of the trench. PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The quantity of Pavement Removal and Replacement for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Pavement Removal and Replacement is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. 4.02 PAYMENT A. Payment for Pavement Removal and Replacement shall be made at the prices stated in the Bid Schedule. If a payment item for Pavement Removal and Replacement is not specifcally included in the Bid Schedule, payment for the work specifed in this Section shall be included in the several unit and lump sum prices for all applicable items of work. END OF SECTION m SECTION 02685 NATURAL GAS PIPELINE INSTALLATIONS PART 1 - GENERAL 1.01 WORK INCLUDED A. The work speciiied under this Section consists of all labor, services, equipment, materials, labor, testing and purging required to complete the construction of the gas mains and services; including meter sets and connection to the consumer's piping system with integrity testing performed of the customer' system and reinitiating of gas service; consisting of, but not limited to, piping, appurtenances and other accessories as shown on the Drawings and or specifcations. PART2-PRODUCTS 2.01 MATERIALS A. Clearwater Gas System will furnish all gas related material in connection with the installation of gas mains and service lines. Materials will be available for pick-up by the Contractor at 400 North Myrtle Avenue, Clearwater, Florida, 33755. Warehouse hours are 7:00 AM until 9:30 AM and 2:30 PM until 3:30 PM. The contractor may pick up materials during these hours only. The contractor shall supply the labor and equipment necessary far loading the materials supplied by the City of Clearwater. The CGS will not provide any items, unless specifically stated in the contract. The contractor is responsible for all materials obtained and must adhere to the requirements of contractor vehicle and warehouse audits. Contractor will be responsible for all shortages and monetary reimbursement is required. PART 3 - EXECUTION 3.01 LOADING, STORING AND STRINGING A. When loading or unloading lengths of plastic pipe, a nylon sling will be used so as not to damage the pipe itself. When unloading lengths of plastic pipe, it shall be done by hand in such a manner as not to damage the pipe itself, nor to endanger the safety of the main. B. When storing, plastic material and fittings shall be placed on skids and covered with a sheet of polyethylene or like material to protect it from sunlight. C. When stringing pipe on the job site, the area will be cleared of all sharp objects, and pipe will be placed in the ground in the same manner as unloading, so as not to damage the pipe itsel£ While stringing lengths of pipe, a nylon sling shall be EZ'7 used in such a manner so as not to damage the pipe itself. Pipe shall not be dragged along the ground surfaces. 3.02 INSTALLATION A. Installation shall include excavation whether by trenching machine, backhoe, directional drilling, by hand or other methods which may be necessary to prepare a trench in which the pipe will be laid. The word "ditching" is used here and shall mean the maintenance of ditch, including temporary damming, pumping, bailing and draining and dewatering, wherever required, and the furnishing and placing of any temporary shoring used to maintain the ditch. When the gas line parallels other lines, not less than one foot clearance will be permitted from other lines, but the required clearance from parallel lines shall be obtained from moving the ditch lines laterally rather than through reduction of normal minimum cover of the gas line. The foregoing clearances shall be minimum clearances allowable unless owners of the interfering lines require greater clearances from gas lines. Then their requirements shall be met if at all possible. 1. Trench shall be free of debris, sharp rocks, etc., before adding the sand bed for the new gas main. Sand bed shall have a minimum thickness of 4" below and 12" above the gas main 2. Before each section of pipe is installed in the line, internal surface shall be suitably clean. 3. The pipeline shall be pigged_and safely purged prior to fnal acceptance. 4. The open ends of all sections of joined and/or installed pipe (not in service) shall be closed at night to prevent animals or foreign material from entering the pipe line or pipe section. Extreme care must be exercised when moving plastic pipe, support stands and rollers shall be used when fusing and lowering pipe into the trench or bore hole. POLYETHYLENE PIPE SHALL NOT BE DRAGGED ON THE GROLIND OR ON PAVED SURFACES. Support/Stands must be used at all time that pipe is placed on paved surfaces. Waterproof nightcaps of approved design may be used but they will be so constructed that they will prevent the entrance of any type of natural precipitation into the pipe and will be fastened to the pipe in such a manner that the wind cannot blow them loose. 6. The practice of stuffing cloth or paper in the open ends of the pipe will not be tolerated. m 7. Where possible, the pipe will be raised and supported at a suitable distance from the open end such that the open end will be below the level of the pipe at the point of support. 8. Plastic pipe must be installed below ground level and shall have a minimum 36-inch depth of cover unless shown otherwise. No gas line shall be installed at a depth of less than 36 inches or greater than 48" inches below finish grade without written approval of the owner. Unless otherwise specified a minimum of 12 inches vertically and 24 inches horizontally shall be maintained between the pipe surface and other utility lines or adjacent foreign structures. In the event that it is not possible to maintain required vertical clearance from other structures, the Contractor shall case the gas main in steel pipe or plastic sheeting topped with concrete at the discretion of the CGS's inspector. 9. Width of ditch shall be no less than twice the pipe diameter. 10. Plastic pipe is not to be installed in a vault or any other below-grade enclosure. 11. Plastic pipe must be installed so as to minimize shear or tensile stresses. 12. Pipe that has scratches, notches, cuts or any other abrasions that exceed 10% of the pipe wall thickness shall be disposed o£ The Contractor shall use pipe stands, rollers, spooling devices, or other means to avoid damaging the pipe during installation. Observe pipe during installation for scratches, gouges or other defects. If defects are present, remove and discard defective section of pipe. The CGS Inspector must be notified of all defects and subsequent repairs. 13. Thermoplastic pipe that is not encased must have a minimum wall thickness of 0.090 inches and labeled D 2513. 14. Any fittings, valves, crosses or laterals shall be accomplished with fusion welds and the installation shall be included in the unit cost of the pipe installation. B. All lines shall be marked by # 12 insulated copper tracer wire installed 12 inches above the pipe. Gas mains, valves and locating stations shall also be marked by adhesive identification disk affixed to the permanent curb or pavement. In addition, all mains 4-inches or larger shall be marked by 4-inch wide non-metallic marking tape installed 18 inches above the pipe. Tracer wire shall be looped-up, uncut, into every valve box including main valves and service valves. Installations where 500 feet of pipe is laid between valves, empty test station valve boxes shall be installed over the gas main with tracer wire looped up every 500 feet. In commercially zoned areas, plastic marker poles with tracer wire E:Z3 looped up and attached may be substituted for gas test station type valve boxes with the inspector's approval. All tracer wire splices shall be made by the use of a direct bury splice kit, electric and duct tape connections are prohibited. Upon completion of the project, and before fnal payment, the contractor will perform the continuity check of the tracer wire to ensure and demonstrate to the CGS inspector that there are no separations, and the tracer wire can be used for locating purposes. The Contractor shall be responsible for repairing any damaged, broken or otherwise separated tracer wire. All tracer wire, gas marking tape, valve boxes, valve box concrete rings, marker poles and splice kits will be supplied by Clearwater Gas System and the installation cost shall be included in the unit cost of pipe installation. C. Each plastic main must be installed with sufficient clearance, or must be insulated from any source of heat, so as to prevent the heat from impairing the serviceability of pipe. Locating wire is to be considered a source of heat, with the exception of directional drilling placement. D. Valves shall be maintained and protected from outside damage throughout the length of the project and shall be kept accessible. The Contractor shall be responsible for repairing valves, valve boxes, marker poles and test stations that are damaged by construction activities. The Contractor shall also make any adjustments to valve boxes that may be required to be flush with final grade. Valves and Valve Boxes: Install valves and valve boxes plumb. All boxes shall be installed flush with the finished grade. Support valve box with prefabricated valve box rings or other approved formed and poured concrete material. Adequate backfill shall be placed around the valve boxes and valve extension boxes to prevent any damage or settlement to the pipeline that may be transferred to the pipe through the valve box. Protective sleeves shall be installed over fusion joints and extend through the valve boxes on the polyethylene valve installations. Plastic valves shall be restrained from torque with approved restraints. Gas valves shall be marked by adhesive identification disks affxed to the permanent curb or the permanent pavement and marker poles installed if warranted for visibility. Valves shall be installed at the design marked locations. Valve supports are required for 2" valves and larger. Valves shall be installed with the operating nut on top, facing vertically up. CGS will not accept valves that are cocked or oriented in any direction except up. E. Prior to joining, all individual gas main lengths shall be swabbed. All gas mains shall be double pigged prior to initiation of gas service, but after joining has been complete. The pigs used shall be suitable for different size pipes and be designed for polyethylene pipe use. Any pig that could damage the pipe, such as wire brush type pigs suitable for steel pipe shall not be acceptable for use inside plastic mains. Only use of compressed air to drive the pig through the pipe shall be permitted. m F. Marker Poles: As the pipeline installation has progressed and before completion, the Contractor shall install marker poles and posts at the locations designated by the CGS construction standard of not to exceed 500 linear foot intervals and prominent locations such as offsets and valve locations Bury the anchor end of all 5- foot posts approximately one- foot deep to attain a uniform height of 4- feet above ground exposure as recommended by the manufacturer and to promote safety in the line of sight. 3.03 QUALIFICATION OF JOINING PROCEDURES A. Joining procedures shall be in accordance with Section 192.283 of the US Department of Transportation, Title 49, Pipeline Safety Regulations, Part 192. B. Procedures for making joints in plastic pipe may be tested by the pipe and fitting manufacturers, and these tests may be accepted by the operator for qualification of the procedure used by the contractor. C. A copy of each written procedure being used for joining plastic pipe must be available to the persons making and inspecting joints at the site where joining is accomplished. D. The Operations Coordinator will furnish a copy of the manufacturers recommended Heat Fusion Joining Procedures Manual at the time of certification. Butt Fusions 1. All butt fusions must be performed by the person(s) qualified by CGS to butt fuse, as certified by testing pipe size category. Contractor's supervisor shall be present during all pipe fusions to insure that all required procedures are adhered to and to witness the quality of each joint. 2. Pipe fusion shall be conducted in accordance with the "Clearwater Gas System Polyethylene Gas Pipe Training Procedures", Ambient temperature shall be between 55° F and 90° F prior to pipe fusion; otherwise pipe shall be protected from direct sunlight and cooled down until the ambient temperature falls within the above temperature range. 3.04 QUALIFICATIONS OF PERSONNEL A. Any person joining polyethylene gas pipe must receive training in accordance with Section 192.285 of the US Department of Transportation, Title 49, Pipeline Safety Regulations, Part 192. B. No person shall make a joint in a plastic pipe unless that person has been certified through knowledge, skills and ability evaluation. The Gas Construction Inspector will conduct such evaluation initially and on an annual basis. Records shall be maintained of personnel qualified to make joints. NON-QUALIFIED CONTRACTOR EMPLOYEES SHALL NOT BE .� ALLOWED TO PERFORM POLYETHYLENE JOINING. CGS fusion certifications shall remain in effect for up to one calendar year. C. Contractor employees and their sub contractors must meet the requirements and intent of CFR 49 Part 192.801, 192.803, 192.805, 192.807, and 192.809 relating to Operator Qualification issued on August 27, 1999 and effective with mandatory training to be completed by October 27, 2002 and continued knowledge, skills and ability training, hands on task assessments, to comply with the current OQ requirements. The Contractor shall furnish for review to the Operations Coordinator their current plan, so it can be reviewed for compliance. The Contractor must state in writing that their qualification plan is in conformance with the intent of Federal Operator Qualification Regulations and is at least equal to and applicable to Clearwater Gas System's Operator Qualification Plan. The Contractor's Operator Qualification Plan must also explain how their employees have the ability to identify and safely react to natural gas related Abnormal Operating Conditions that may be encountered. 3.05 INSPECTION OF PLASTIC JOINTS A. Each joint must be inspected to ensure that it is acceptable. The person who inspects joints in plastic pipes must be qualified by appropriate training and experience in evaluating the acceptability of plastic pipe joints made under the applicable joining method. The inspector must be approved by the Operations Coordinator with concurrence of the Operations Manager. 1. CGS will have OQ certified; polyethylene qualified construction inspector r at the various gas construction job sites. The Inspector has the right to reject any fusions not meeting CGS requirements. The Contractor shall replace all fusions not meeting CGS requirements at his own expense. 2. The Contractor shall also designate a polyethylene qualified supervisor who will be present on site at all times to observe pipe fuser(s). 3. The CGS's Inspector will employ non-destructive testing methods on polyethylene fusions and reject all deficient fusions. The CGS inspector can request any amount of random fusion samples, cut away from a joined pipeline for destructive testing JOINING PLASTIC PIPE A. In general, all plastic joining shall be in accordance with American Standards Code for Pressure Piping, as outlined. B. A plastic pipe joint that is joined by heat fusion may not be disturbed until it has been properly set. Plastic pipe may not be joined by a threaded joint. Miter joints are prohibited. 91 C. Each heat fusion joint on plastic pipe must comply with the following: 1. A heat fusion joint must be joined by a device that holds the heater element square to the ends of the piping, compresses the heated ends together, and holds the pipe in proper alignment while the plastic hardens. 2. Heat may not be applied with a torch or other open flame. 3.07 TESTING A. Each segment of a plastic pipeline must be pressure tested. The test procedure must insure discovery of all potentially hazardous leaks in the segment being tested. The plastic pipeline installation shall be pressure tested to 90 pounds per square inch for MD PE 2406, 150 lbs per square inch for HDPE 3408, or no less than the Maximum Allowable Operating Pressure of the Distribution System. The temperature of thermoplastic material must not be more than 100 degrees Fahrenheit during the test. These tests shall be recorded on a chart-type pressure instrument, initially starting at the "0" increment mark and progressing to the testing increment, as testing medium is introduced. Test duration shall be a minimum of 24 hours and longer as required, depending on the complexity and developed length. A 24-hour test shall be placed on the entire system of mains prior to initiation of gas service. If a portion of the gas service has met the requirements of the leak test and it is possible for the other sections to be tested independently, then the CGS inspector or the designated representative of CGS may approve initiation of gas service for that portion. B. Each day's work shall be tied into the preceding day's work and tested overnight. A pressure-time clock gauge with a range no greater than 0— 200 psig. and in good working order shall be furnished by the Contractor. All testing shall comply with D.O.T. Title 49, Part 192, Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards." The location of the project along with the temperature at the time the test pressure is placed upon the pipe shall be recorded on the pressure chart. The pressure charts shall be given to the CGS inspector or the designated representative. In order to facilitate daily testing, appropriate testing apparatus shall be used. Leaks shall be repaired in a manner approved by the CGS or the designated representative of CGS before additional lengths of pipe that need to be tested are added to the main. C. Fusion joints shall be a one-half inch molten bead of uniform appearance after completion. This bead shall be visible and examined for penetration 360 degrees around the pipe diameter. D. Purging Pipes and Fittings: A combustible gas indicator shall be used when purging mains, services and house piping. When purging gas from abandoned lines, the air and the gas must be discharged aboveground at a minimum height of 8' above grade, and directed away from electric power lines or structures. When '% purging air from new lines, installation of a 5/8 service saddle and a grounded metallic riser is required at the end or within four (4) feet from each dead end on all new installations of pipe in order to purge air from all dead ends simultaneously. Release gas into new lines at a rate that will prevent formation of a hazardous mixture of gas and air or precede natural gas with a slug of inert gas, such as nitrogen provided by the contractor at no additional cost to CGS. E. If service lines are installed at the same time as the mains, then service lines shall be included in the testing of the mains. If service lines are installed after gas service has been initiated, then the Contractor shall test each service line individually to stand up to an air test of 90- psig. for thirty (30) minutes. If a leak is discovered, then the Contractor shall immediately make the appropriate repairs, in a method approved by the CGS inspector or the designated representative of CGS. All existing service lines that are disconnected from the main temporarily shall be tested as if they are new lines before being placed back into service. The pressure shall not decrease during the test period. Air pressure shall be held until after soap testing. Soap test the service connection by brushing/ spraying an approved liquid leak detection solution around the tapping tee base at the main, both ends of the outlet coupling, the outlet connection of the excess flow valve, and the pipe to riser connection in the customer's yard or business location, and at the meter valve inlet and outlet. If any leaks appear, the CGS's Inspector will direct appropriate repair procedures. INSTALLATION - SERVICES Service Lines Connected to a Polyethylene Main. All hot taps shall be made by qualifed fusers using self-tapping tees Contractor shall install tapping tees at the locations marked by CGS. Bell holes shall be excavated, if installing the gas mains by boring methods, at each tapping tee installation site to provide an adequate work area for installation and inspection of tapping tees. The tapping tees shall be installed in accordance with the CGS Procedures by the person(s) qualified by CGS to install tapping tees. All tapping tee fusions must be left open to be inspected by the CGS Inspector. TAPPING TEES SHALL ONLY BE INSTALLED ON THE TOP OF MAIN 2. The main shall be tapped after the tapping tee fitting and final connections has cooled for the time period specified by the manufacturer and the service line has been soaped and pressure tested. The manufacturer supplied tapping wrench or fitting shall be the only tool used for turning the tapping tee cutter to avoid tapping the backside of the main or loss of the cutter into the main, allen wrenches shall not be used. 3. Mechanical Joints. Compression type mechanical joints to connect polyethylene pipe to steel pipe shall be designed for natural gas use and the gasket material in the coupling must be compatible with the polyethylene pipe. The coupling must 93 be used in combination with an internal tubular rigid stiffener. The preferred method is the utilization of a transition fitting to allow a steel to steel connection using a compression dresser style coupling that can be readily restrained from pull out by a mechanical or welding a rod type clamping device. Joints shall be designed and installed to effectively sustain the longitudinal pull-out forces caused by contraction of the piping or by external loading. Compression couplings shall not be used in above ground installations. All mechanical joint connections shall be noted on the submitted asbuilt drawing, including the coupling manufacturer's pertinent information 3.08 ANTI-DRUG AND ALCOHOL PROGRAM A. The contractor agrees that it has in place, or will implement a drug and alcohol training and testing program for its employees that comply with the requirements of the US Department of Transportation, Title 49, Pipeline Safety Regulations, Part 199, Drug Testing Program for Pipeline Personnel. The Contractor further agrees to allow access to its property and records by the Human Resources Director, or appointed designee, of the City of Clearwater. The Contractor will permit representatives of state or federal agencies who monitor the compliance of Drug and Alcohol rules/regulations access to its property and records. The contractor shall furnish quarterly statistical reports to the Operations Coordinator. B. Said program shall provide pre-employment, random, for cause and post accident drug training and testing (alcohol for cause testing) for all of its employees as required by Federal regulations and who are assigned to perform services for Clearwater Gas System. C. The contractor shall attest in writing, under oath, the following: 1. That the contracting firm has an agreement with a drug testing laboratory certified by HHS/NIDA and an alcohol testing facility; 2. The name and address of the Medical Review Officer retained by the contractor for the drug and alcohol testing program; That all employees of the contractor have been drug tested pre- employment; and 4. That all employees covered by the US Department of Transportation Regulation 199 receive random, for cause and post accident drug testing and alcohol testing for cause pursuant to such regulation. D. Prior to doing any work for the Clearwater Gas System, the contractor will submit a copy of their current Alcohol Testing Policy and Drug Testing Policy. This policy will be included in a response to the Request for Bid. 94 PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The quantity of Natural Gas Pipeline Installation for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Natural Gas Pipeline Installation is not specifcally included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. 4.02 PAYMENT A. Payment for Natural Gas Pipeline Installation shall be made at the prices stated in the Bid Schedule. If a payment item for Natural Gas Pipeline Installation is not specifcally included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. NATURAL GAS HOUSE (PIPING) PLUMBING DESCRIPTION It is a mandatory requirement of the Natural Gas House (Piping) Plumbing Section that the contractor possesses either a Master Plumbers certified or registered with the State of Florida and locally or a Gas Contractor license registered locally with either PCCLB or Pasco County Building Department, depending where jurisdictionally the work will be performed. The work to be performed shall consist of furnishing all necessary labor, tools, equipment, materials, pipe & fittings, supplies, manufactured articles, power, and essential customer communication, labor, and other operations necessary for the modification of existing natural gas house plumbing to accommodate relocation of gas meters including: obtaining required permits if applicable; installation of new house gas pipes by threading pipe, measuring/ fitting and assembling pipe and fittings, new shut off valves, gas meters and regulators and connecting customer piping from a new location and, subsequent pressure testing — leak check (Drop Test- utilizing a manometer))of the entire house gas plumbing system, and passing required inspections. CGS will reserve the right to mandate the turning on the gas and relighting the applicable appliances. Contractor shall immediately notify CGS dispatch of the "on gas" and complete the required paperwork, including the drop test form, and submit, no later than the following business day. The work shall be complete and performed in strict accordance with the Contract specifications, and in compliance with all applicable codes, CGS requirements, Florida Fuel Gas Code and industry standards. All work, materials, and services not expressly shown or called for in the Contract Documents, which may be necessary for the complete and proper � construction of the work in good faith, shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, at no increase in cost to CGS. Gas pipe ftters and plumbers shall be licensed quali�ed and thoroughly trained and experienced in the skills required, and shall be completely familiar with the design and application of work described. EXISTING GAS HOUSE PIPING (PLUMBING) The modification of the existing gas house piping plumbing shall be performed by the contractor only after receiving written approval from the CGS construction inspector. With the inspector's authorization the Contractor shall perform all modifications required for gas meter set clearance code compliance of existing natural gas plumbing. The Contractor shall remove and dispose of all abandoned existing gas plumbing piping. The Contractor shall not cut into the existing gas plumbing until the CGS inspector verifies the new meter stub-out location. TESTING Contractor shall pay for all testing and retesting required to show compliance with the Contract Specifications, Codes, Regulations, and all other applicable laws. A. CUSTOMER SYSTEM PRESSURE TEST The Contractor will conduct leakage tests at one and half times the gas delivery pressure for minimum time of 15 minutes on the new completed gas plumbing or as required by the City- County Building Inspector. The pressure shall not decrease or increase during the test period. B. CODE COMPLIANCE TESTING: Before turning gas on Before gas is introduced into a system of gas piping, the entire system shall be inspected to determine that there are no open fittings or ends and that all valves at unused outlets are closed and plugged or capped. C. LEAK DETECTION METHODS The leakage shall be located by means of an approved gas detector, a noncorrosive detection fluid or other approved leak detection methods .. The following is an approved procedure for leak testing customer piping systems: Leak tests are required any time there is an interruption of service meaning the flow of gas was stopped for any reason. Florida Fuel Gas Code 406.6.3 (NFPA 54 -8.2.3) states that "Immediately after the gas is turned on into a new system or into a system that has been initially restored after an interruption of service, the piping system shall be tested for leakage. If leakage is indicated, the gas supply shall be shut off until the necessary repairs have been made". The leak test will indicate any leaks within the propane piping system due to interruption of service or out of gas situation. The leakage test is simply testing the integrity of the system plumbing joints and the seal of the pipe joint compound, piping fittings, pipe, gas equipment & appliances, valves etc. This is the safety reasoning behind leak testing. The purpose a leak test is performed is the life-safety factor "Protect Life and Then Property and because it is required by Federal Pipeline Safety Laws of CFR 49.192, Florida Building Code adopted law/ ordinance and the gas industry. The leak check tests for leakage throughout the system of piping and appliances. It is used for new and existing gas systems. It is conducted after a system has been successfully pressure tested, inspected and approved. Normally, the leak check is conducted when one of the following occurs: • A system of new gas or modified gas piping is placed into service for the first time (drop test) • A gas leakage is suspected (investigation of an odor complaint) • A gas meter is replaced • An appliance or appliance connector is replaced • An out of gas condition occurs (interruption of service) The pressure test and leak check are often confused. A pressure test is required for new piping installations, while a leak check is required whenever the gas system is initially placed into service or when the gas is turned back on after it has been turned off. Leak checks differ from the pressure test in that it requires no special preparations. The medium used for a leak check is fuel gas at normal supply pressure. The gas is applied to the total system LEAK CHECK PROCEDURE The procedure for the leak check is not specified in the NFPA 54- National Fuel Gas Code or the ICC Fuel Gas Code- Florida Fuel Gas Code. Any CGS accepted method can be used, as long as it finds leaks. It is recommended that a written procedure for the method be developed and the steps be taken to ensure that all employees follow the method established, consequently every system is tested identically 97 TESTING FOR LEAKAGE This test can be done by one of the following methods: For Any Gas System- To an appropriate checkpoint attach a manometer or an appropriate pressure gauge between the inlet to the piping system and the first regulator in the piping system, momentarily turn on the gas supply and observe the gauging device for pressure drop with the gas supply shut off. No evident drop in pressure should occur during a period of 3 minutes. For Gas Systems Using Undiluted Liquefied Petroleum Gas System- Preparation for propane. A leak check performed on an LP Gas System being placed back into service should include all regulators, including appliance regulators, and control valves in the system. Accordingly, each individual equipment shutoff valve should be supplying pressure to its appliance for the leak check. This check will prove the integrity of the 100 percent pilot shut off of each gas valve in the on position. Pilot not incorporating a 100 percent pilot shut off valve and all manual gas valves not incorporating safety shutoff systems are to be placed in the off position prior to leak checking, by using the following methods: By inserting a pressure gauge between the container gas shutoff valve and the frst regulator in the system, admitting full container gas pressure to the system and closing the container shutoff valve. Enough gas should be released from the system to lower the pressure gauge reading by lOpsi. The system should then be allowed to stand for 3 minutes without showing an increase or decrease in the pressure gauge reading. For systems serving appliances that receive gas at a pressure of'/2 psi or less, by inserting a water manometer or appropriate pressure gauge into the system downstream of the final regulator, pressurizing the system with either fuel gas or air to test pressure of 9 in. water column and observing the device for a pressure change. If fuel gas is used as a pressure source, it is necessary to pressurize the system to full operating pressure, close the container service valve, and then release enough gas from the system through a range burner valve or other suitable means to drop the system pressure to 9 in water column. This ensures that all regulators in the system are unlocked and that a leak anywhere in the system is communicated to the gauging device. The gauging device should indicate no lose or gain of pressure for a period of 3 minutes. WHEN LEAKAGE IS DETECTED When pressure drops on the gauge or manometer is noted, all equipment or outlets supplied through the system should be examined to see whether they are shut off and do not leak. If they are found tight, there is a leak in the piping system. Where leakage is indicated, the gas supply at the meter shall be shut off, locked and slugged until the necessary repairs have been made. CGS dispatch shall be notified ASAP Where leakage or other defects are located, the affected portion of the piping system shall be repaired or replaced and retested Matches, candles, open flames or other methods that could provide a source of ignition shall not be used �'Z] PLACING GAS EQUIPMENT IN OPERATION Gas utilization equipmend appliances shall be permitted to be placed in operation after the piping system has been tested and determined to be free of leakage and purged in accordance with Section 406.7.2. of the Florida Fuel Gas Code The Contractor will conduct leakage tests at one and a half times the gas delivery pressure for minimum time of 15 minutes on the existing gas house plumbing or as required by the City- County Building Inspector. The pressure shall not decrease or increase during the test period. Other inspections and tests required by the City — County Building Inspector, codes, ordinances, or other legally constituted authority shall be the responsibility of and shall be paid for by the Contractor. Testing of the existing gas house piping plumbing shall be performed prior to connecting the new supply line. TESTING: Testing will be in accordance with the Florida Building Code and the CGS leakage testing requirements. CONTRACTOR'S CONVENIENCE TESTING: Inspection and testing performed exclusively for the Contractor's convenience by CGS shall be at the convenience of CGS if available and normal labor rates may be applicable . SCHEDULE FOR TESTING: 1. If applicable, testing shall be scheduled with the Building Department in advance. 2. At least 48 hours notice shall be provided to the Building Department, when permits and testing is required. COOPERATION WITH THE BUILDING DEPARTMENT: Building Inspectors shall have access to the work at all times and all locations where the work is in progress. Contractor shall provide such access to enable the Building Department to perform its functions properly. A. Revising schedule: When changes of construction schedule are necessary during construction, Contractor shall coordinate all such changes with the Building Department as required. B. Adherence to Schedule: When the Building Department is ready to inspect, but is prevented, correction notices fees will be paid for by the contractor Natural Gas Distribution System Any incompleteness of the work, all extra charges for testing attributable to the delay will be back-charged to the Contractor and shall not be borne by the CGS. .. COORDINATION WITH CUSTOMERS The Contractor is responsible for coordinating access to private property with the homeowners. The Contractor shall notify the property owner/ resident at least 14 days in advance of performing work. Prior to starting work at a specific location the Contractor shall schedule the work with the homeowner or resident, as the customer's presence during the meter upgrades/ change out work is required. The Contractor shall relight all pilot lights the same day after they install the new gas meter and regulator. Contractor will confirm the regulator settings for the specific flow No residence shall be shall be left out of gas service overnight. Each residence shall be reconnected and all pilot lights re-lit before the end of the daily work day. END OF SECTION 100 SECTION 02696 DIRECTIONAL DRILL UTILITY PLACEMENT PART 1 - GENERAL 1.01 WORK INCLUDED A. The work specified under this Section consists of furnishing and installing underground gas utilities by directional drill methods. This work shall include all services, equipment, materials, labor and testing required completing the gas utility installation and restoring any disturbed areas to their existing or better conditions. The maximum depth of installed gas facilities shall not exceed four feet unless prior approval is received, since CGS must readily access the facility for maintenance in the future. All underground utilities shall be located and potholed prior to the start of boring. PART 2 - PRODUCTS 2.01 MATERIALS A. Plastic pipe must meet or exceed the following strength and composition standards: PE (Polyethylene) ASTM D 2513 For all gas pipes over 1" diameter a. Plastic Pipe 1. Couplings: Plastic pipe couplings shall meet or exceed all applicable ASTM strength and composition standards for the particular type pipe being used. 2. Joints: Plastic pipe joints shall be made in accordance with applicable ASTM standards. In all cases, the joints shall be made sufficiently strong to withstand the stresses of installation, with joints completely set and cured prior to placement of the pipe. B. Drilling Fluids shall consist of a mixture of potable water and gel-forming colloidal material such as bentonite, or a polymersurfactant mixture producing a slurry of custard-like consistency. iol 2.02 EQUIPMENT A. All equipment used in the execution of work shall have the built-in capacity, stability and necessary safety features required to fully comply with these speciiications without showing evidence of undue stress or failure. It shall be the responsibility of the Contractor to assure that the equipment to be used in the crossing operation is in sound operating condition. Backup equipment may be required where job site conditions indicate that severe damage to the roadway or a hazardous condition may result in the event of an equipment breakdown and where the condition of the equipment to be used indicates that routine component replacement or repair will likely be necessary during the crossmg. General Arrangement of Tunnel Boring System: The tunnel boring equipment shall consist of truck-mounted iield power unit and a trailer or dolly mounter drill unit. A minimum crew of three people is required to operate the units. a. Field Power Unit: The field power unit shall be a self-contained truck-mounted system designed to provide a supply of high pressure bentonite cutting fluid to the drill unit. It shall contain a 1,000 gallon (3,800 liter) fluid storage tank and a complete bentonite mixing system. The cutting fluid is to be mixed on site without the need for an external water supply. It shall permit changes to be made to the bentonite concentration during tunneling in response to changing soil conditions. The iield power unit shall contain the power-takeoff-driven high pressure bentonite pumping system. b. Directional Drill System: A dolly mounted version of the drill system shall include a thrust frame. Both the trailer mounted and dolly mounted drill system shall be designed to rotate and push 10-foot (3-meter) minimum hollow drill sections into the tunnel being created by the boring head. The drill sections shall be made of a high strength steel which permits them to bend to a 30-foot (9-meter) radius without yielding. Drill end fittings shall permit rapid make-up of the drill sections while meeting the torque, pressure and lineal load requirements of the system. The boring head itself shall house a watertight battery-operated electronic system used to determine tool depth and location from surface and to orient the head for steering. All tunneling systems shall be in sound operating condition with no broken welds, excessively worn parts, badly bent or otherwise misaligned components. All ropes, cables, clamps and other non- l02 mechanical but essential items shall be in sound condition and replaced immediately when need is apparent. Other: Devices or utility placement systems for providing horizontal thrust other than those previously defned in the preceding sections shall not be used unless approved by the Engineer prior to commencement of the work. Consideration for approval will be made on an individual basis for each specified location. The proposed device or system will be evaluated prior to approval or rejection on its potential ability to complete the utility placement satisfactorily without undue stoppage and to maintain line and grade within the tolerances prescribed by the particular conditions of the project. Water sluicing methods, jetting with compressed air, or boring or tunneling devices with vibrating type heads that do not provide positive control of the line and grade shall not be allowed. 2. Spoils Equipment: Vacuum truck shall be a self-contained truck which has sufficient vacuum and capacity to remove excess bentonite mixture from the project site as required or directed by the Owner's Representative. PART 3 - EXECUTION 3.01 PERSONNEL REQUIREMENTS A. Responsible representatives of the Contractor and Subcontractor(s) shall be present at all times during the actual crossing operations. A responsible representative as specified herein is defined as a person experienced in the type of work being performed and who has the authority to represent the Contractor in a routine decision making capacity concerning the manner and method of carrying out the work specified herein. B. The Contractor and Subcontractor(s) shall have sufficient number of competent workers on the project at all times to ensure the utility placement is made in a timely and otherwise satisfactory manner. Adequate personnel for carrying out all phases of the actual crossing operation (where applicable: tunneling system operators, operator for removing spoil material, and laborers as necessary for various related tasks) must be on the job site at the beginning of work. A competent and experienced supervisor representing the Contractor or Subcontractor that is thoroughly familiar with the equipment and type of work to be performed, must be in direct charge and control of the operation at all times. In all cases the supervisor must be continually present at the project site during the actual crossing operation. 103 3.02 COORDINATION OF THE WORK A. The Contractor shall notify the Owner and Engineer at least 24 hours in advance of starting work. In addition, the actual crossing operation shall not begin until the Engineer or his representative is present at the project site and agrees that proper preparations for the crossing have been made. The Engineer's approval for beginning the crossing shall in no way relieve the Contractor from the ultimate responsibility for the satisfactory completion of the work. B. The Contractor and the Engineer shall select a mutually convenient time for crossing operation to begin in order to avoid schedule conflicts. 3.03 PROCEDURE A. Erection or installation of appropriate safety and warning devices in accordance with the Florida Department of Transportation (FDOT) Manual on Trafiic Control and Safe Practices shall be completed prior to beginning work. B. Subsurface Soil and Drainage Investigation: To correctly plan individual crossing procedures such as dewatering, use of cutting heads, positioning of auger within the casing and to accurately locate potential problem areas, an adequate subsurface investigation shall be made by the Contractor. C. Equipment Set-Up: 1. The general operating sequence of the tunneling system shall be as follows: a. The trailer or dolly is positioned at the starting location. b. The tool head and first drill pipe are loaded onto the thrust frame. c. The proper cutting fluid pressure is set on the iield power unit. d. The tool is advanced and steered level at the proper depth using the locator to sense tool position. e. More drill pipe is added as the tool is advanced. f. After each new drill pipe is advanced into the ground, the tool is located and a computer generates the steering command for the next length of drill pipe to keep the tool on course. g. Steps "e" and "f' are repeated until the tool advances to the end of the run. 104 h. At the end of the run the drilling head is removed and a reamer is attached to enlarge (if necessary) the hole for the utility. i. The utility is attached to the reamer. j. The drill pipe is withdrawn from the hole pulling the utility. k. Utility connections are made. The area is restored. D. Crossing Operation: The actual crossing operation shall be accomplished during daylight hours and shall not begin after the hour pre-established as the latest starting time that will allow completion during daylight hours except as noted below: In emergency situations, or where delay would increase the likelihood of a failure, nighttime work will only be allowed to complete a delayed crossing. In addition, where the obvious hazards of nighttime work are carefully considered and determined to be insignificant, nighttime work will be allowed to complete a properly planned crossing if the Engineer agrees that the delay was caused by reasonably unavoidable circumstances, when such nighttime work is necessary to avoid placing an undue hardship on the Contractor. Planned nighttime work is expressly prohibited and will not be allowed except for extenuating circumstances. Any nighttime work shall be in strict conformance with the Florida Department of Transportation (FDOT) Manual on Traffic Control and Safe Practices. E. Equipment Breakdowns or Other Unforeseen Stoppages: If forward motion of the tunneling tool has halted at any time other than for reasons planned for in advance and prevention of voids under paved areas cannot be assured, the tunnel must be filled with bentonite by injection as soon as possible and abandoned. When an obstruction is encountered that cannot be passed or an existing utility is damaged, open cutting for inspection may be allowed if approved by the Engineer when consideration of all pertinent facts indicate such action is warranted. Any such authorized excavation shall be repaired according to the appropriate specifications herein or otherwise directed. 105 3.04 WAIVER OF REQUIREMENTS A. These specifications are appropriate for most common crossing situations. Under unusual conditions, not adequately covered herein, these requirements may be altered or waived when their strict adherence would increase the likelihood of crossing failure. Any such alteration or waiver shall be based on sound engineering judgment and must be fully documented as further speciiied herein. Any alteration or waiver must be approved by the Engineer. 3.05 REPORTING PROCEDURES A. An accurate log shall be kept by the Contractor on all crossings. The purpose of this log is to record and report the data necessary to isolate and identify all common factors associated with underground crossing failures. The log shall also be for the inspector's use as a checklist of essential items pertaining to the crossing. The data shall be recorded on the job site during the actual crossing operation. The log shall include elevation readings of the utility every 10 feet along the crossing. PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The quantity of Directional Drill Utility Placement for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Directional Drill Utility Placement is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. 4.02 PAYMENT A. Payment for Directional Drill Utility Placement shall be made at the prices stated in the Bid Schedule. If a payment item for Directional Drill Utility Placement is not speciiically included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. END OF SECTION �s SECTION 02935 SODDING PART 1 - GENERAL lAl WORK INCLUDED A. The work specified in this section consists of the establishing of a stand of grass, within the areas indicated on the Drawings and/or areas disturbed by construction activities, by the furnishing and placing of grass sod, fertilizing, watering and maintaining the sodded areas to assure a healthy stand of grass, until rooted. PART 2 - PRODUCTS 2.01 GRASS SOD A. Grass sod shall match existing grass type and shall be well matted with grass roots. The sod shall be taken up in rectangles, preferably 12-inch by 24-inch, shall be a minimum of 2-inches in thickness and shall be live, fresh and uninjured at the time of planting. It shall be reasonably free of weeds and other grasses and shall have a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. The sod shall be planted as soon as possible after being dug and shall be shaded and kept moist until it is planted. After sod is installed it shall be maintained until it is rooted, which will necessitate watering frequently 2.02 WATER FOR GRASSING A. The water used in the sodding operations may be obtained from any approved spring, pond, lake, stream or municipal water system. The water shall be free of excess and harmful chemicals, acids, alkalies, or any substance which might be harmful to plant growth or obnoxious to traffic. Salt water shall not be used. PART 3 - EXECUTION 3.01 PREPARATION OF GROUND A. The area over which the sod is to be placed shall be scarified or loosened to a suitable depth and then raked smooth and free from rocks or stones. Where the soil is sufficiently loose, the Owner's Representative, at his discretion, may authorize the elimination of ground preparation. lo� 3.03 PLACING SOD A. The sod shall be placed on the prepared surface, with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools. B. Where sodding is used in drainage ditches, the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow. Along the edges of such staggered areas, the offsets of individual strips shall not exceed 6- inches. In order to prevent erosion caused by vertical edges at the outer limits, the outer pieces of sod shall be tamped so as to produce a featheredge effect. C. On steep slopes, the Contractor shall, if so directed by the Owner's Representative, prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth, at suitable intervals. D. Sod which has been cut for more than 72 hours shall not be used unless specifically authorized by the Owner's Representative after his inspection thereof. Sod which is not planted within 24 hours after cutting shall be stacked in an approved manner and maintained and properly moistened. Any pieces of sod which, after placing, show an appearance of extreme dryness shall be removed and replaced by fresh, uninjured pieces. E. Sodding shall not be performed when weather and soil conditions are, in the Owner's Representative opinion, unsuitable for proper results. 3.04 WATERING A. The areas on which the sod is to be placed shall contain sufficient moisture, as determined by the Owner's Representative, for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance, whichever is latest). 3.05 MAINTENANCE A. The Contractor shall, at his expense, maintain the sodded areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily. B. Replanting or repair necessary due to the Contractor's negligence, carelessness or failure to provide routine maintenance shall be at the Contractor's expense. Replanting necessary due to factors determined to be beyond the control of the Contractor shall be paid for under the appropriate contract pay items. i� PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The quantity of Sodding for which payment will be made shall be the actual number of units measured in place and accepted. The units measured shall be as listed in the Bid Schedule. If a payment item for Sodding is not specifically included in the Bid Schedule, the quantity for which payment will be made shall be the quantity required to complete the work. 4.02 PAYMENT A. Payment for Sodding shall be made at the prices stated in the Bid Schedule. If a payment item for Sodding is not specifcally included in the Bid Schedule, payment for the work specified in this Section shall be included in the several unit and lump sum prices for all applicable items of work. END OF SECTION 109 m SECTION 00510 AGREEMENT THIS AGREEMENT made and entered this 1 St day of April, 2012, by and between the CITY OF CLEARWATER, FL, a municipal corporation, hereinafter called the "OWNER", and FLORIDA GAS AND ELECTRIC COPORTATION, hereinafter called the "CONTRACTOR". WITNESSETH, That for and in consideration of the payments and agreements to be made and performed by the Owner, the Contractor, at its own cost and expense and with skill and diligence, will construct and complete all work shown on the Drawings and described in the Specifications entitled Replacement of Antiquated Gas Mains, Service Lines, Gas Meters and Piping Connections to Customer House Piping and Reestablishment of Gas Service at Various Locations. Bid # 10-12 1: The Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation service required to complete the work provided for in this contract. It is understood and agreed that said labor, materials, tools, equipment and service shall be furnished and said work performed and completed subject to the satisfaction of the Owner and subject to the final approval of the Owner and its authorized representatives. The term of this agreement shall begin April 1, 2012 and terminates March 31, 2013. Any amendment must be in writing and agreed to both parties. 2. The Contractor agrees to receive the prices stated in the Proposal attached in full compensation for furnishing material and labor and executing all the work contemplated in this Contract; the contract amount shall not exceed $1,640,300.00 based on the estimated quantities in the Bid 10-12. Owner reserves the right to purchase any amount up to the estimated quantities based on its needs as determined solely by Owner. Owner and Contractor agree that there are no minimum requirements for purchase in this Agreement; the Contractor, for such consideration, shall be responsible for all claims, causes of action, loss or damages arising out of the nature of the work aforesaid or from any action of the elements; or from any unforeseen obstruction or difficulties which may be encountered of every description connected with the work, and furnishing the materials, until their final completion and acceptance. 3. The work on the site is to be commenced when directed by the Owner or his authorized representative. 4. To prevent disputes, it is agreed by and between the parties to this Contract that the Owner or his authorized representative shall in all cases determine the quality and quantity of the several kinds of work and materials which are to be paid for under this Contract, and he shall determine questions in relation to lines, levels and dimensions of 27 � 7 work. The Owner shall determine questions in relation to interpretation of the plans and specifications. Payment shall be made in accordance with provisions as outlined elsewhere in these Contract Documents. The Contract Documents shall consist of the following all of which are familiar to the Contractor and which are incorporated herein by reference: 2. 3. 4. 5. 6. Invitation to Bid Instructions to Bidders Summary of Information to Bidders Bid Forms Agreement Forms Bonds and Certificates 7. General Conditions 8. Supplementary Conditions 9. Addenda 10. General Requirements 11. Specifications 12. Contract Drawings This agreement, together with these documents, form the contract, and they are as fully a part of the Contract as if hereto attached or herein repeated. � 8. Contractor shall at all times furnish adequate tools, testing supplies1 appliances, equipment, a sufficient number of properly OQ skilled workmen, and a sufficient amount of materials and supplies of proper quality to efficiently and promptly prosecute the work provided for herein and shall promptly pay for all material purchased and shall pay all workmen each week, and if required by the Owner, shall obtain and furnish Owner weekly with signed receipts from all workmen showing the date of payment, the amount paid, number of hours paid for, the days on which said work was performed, the classification of the labor so paid, and the rate of wage per hour paid and shall supply Owner weekly with two (2) copies of the payroll verified by an affidavit. Contractor shall, as often as requested by the Owner, furnish a sworn statement showing all parties who furnished labor or materials to the Contractor, with their names and addresses and the amount due or to become due each. A like statement may be required from any subcontractor of the Contractor. 9. Should the Contractor default in any of the provisions of this contract and the Owner employs an attorney to enforce or construe any provision hereof or to collect damages for breach of the agreement or to recover on any bonds provided for herein, the Contractor and/or his surety agree to pay the Owner such reasonable attorney's fees as the Owner may expend therein. As against the obligations contained herein, the Contractor and his surety waive all rights of exemption. 10. The undersigned Contractor agrees that he has carefully inspected all contract documents and is familiar with the same, and agrees that he is responsible for having heretofore examined the site, the location and route of all proposed work, and for having satisfied himself as to the character of said route, the location of surface and underground obstructions and nature thereof, the nature of the ground water table conditions and other physical characteristics of the work and the work site in order that he may include in the aa 11 price which he has bid and the price of this contract all costs pertaining to the work, and the contract price is based upon these inspections and examinations. This contract shall not be construed for or against any party because that party wrote it. 12. The Contractor and the Owner for themselves, their heirs, executors, administrators, successors, and assigns, hereby agree to the full performance of the covenants herein contained. 1N WITNESS WHEREOF THEY HAVE EXECUTED THIS AGREEMENT. (CONTRACTOR SEAL) 4.a , ,.� r4`�', '�<, ., ,V , '. . R , �'g "` �c �� `` ' - :.^Y � s =`'; � : *�., �'] ` , , ` . � ^P� 7 ��� �"b'""' v" � �.. . � � � v�� ..� pl �� .. � �°'eomr.c�•- �^��. � . ,,, Countersigned: — �,P�'���c�1C�t��l George N. Cretekos Mayor APPROVED AS TO FORM: Laura Mahony Assistant City Attorney 29 FOR THE CONTRACTOR � B : ame: Dav L . Runyan Title: Vice President �� �� Witness f the Contractor CITY OF CLEARWATER, FLORIDA sy: ,��?��.- `� William B. Horne, II City Manager ATTEST: � � By: %" �.1ta�c �- c� Rosemary Call � City Clerk � � �l�ofryFC/� .� f � � � A�