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PROJECT SPECIFICATIONS (GRADING CONTRACTOR) FOR ALLEN'S CREEK WATERSHED REHABILITATION PROJECT AT HERCULES AVENUE CONTRACT #97043. � ryk, ; � '"��`r � � � � � �.,, � ��t� � �>��``� � n �s �;� 4�� ���;«r< >ts� � � 1 a � / ( � I o.U��1a�a�e�--�� r{��1t�J P°`�r�- PROJECT SPECIFICATIONS (Grading Contractor) FOR ALLEN'S CREEK WATERSHED REHABILITATION PROJECT AT HERCULES AVENUE CONTRACT #97043 CLEARWATER, FLORIDA Prepared by: TAMPA �AY ENGINEERING, INC. A TBE GROUP COMPANY Tampa Bay Engineering, Inc. 18167 US 19 North, Suite 550 Clearwater, FL 33764 8�13-531-3505 i� i� �� � �� �-� � � � � � � ` � � � �� �. � INDEX SECTION I II INDEX ADVERTISEMENT FOR BIDS & NOTICE TO CONTRACTORS INSTRUCTION TO BIDDERS COPIES OF BIDDING DOCUMENTS QUALIFICATION OF BIDDERS EXAMINATION OF CONTRACT DOCUMENTS AND SITE INTERPRETATIONS AND ADDENDA BID SECURITY OF BID BOND CONTRACT TIME LIQUIDATED DAMAGES SUBSTITUTE MATERIAL & EQUIPMENT SUBCONTRACTORS BID/PROPOSAL FORM SUBMISSION OF BIDS � MODIFICATION AND WITHDRAWAL OF BIDS REJECTION OF BIDS DISQUALIFICATION OF BIDDER OPII�TING OF BIDS LICENSES, PERMTTS, ROYALTY FEES AND TAXES IDENTICAL TIE BIDSNENDOR DRUG FREE WORKPLACE ARTICLE N/A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 PAGE 1 1 2&3 3 3 4 4 4 4&5 5 5 8&9 9&10 Index �l J:�DO(.'�00083�00083011.00�PrjspecslIndezl.wpd SECTION II INDEX INSTRUCTIONS TO BIDDERS CONTINUED: AWARD OF CONTRACT BID PROTEST TRENCH SAFETY ACT III GENERAL CONDITIONS CONTINUED: DEFIrTITIONS PRELIMINARY MATTERS DELIVERY OF BONDS AND CERTIFICATES OFINSURANCE COPIES OF DOCUMENTS COMMENCEMENT OF CONTRACT TIIvIE; NOTICE TO PROCEED; STARTING Tf� PROJECT BEFORE STARTING CONSTRUCTION PRECONSTRUCTION CONFERENCE CONTRACT DOCUMENTS, INTENT IN'I'ENT REPORTING & RESOLVING DISCREPANCIES AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS AVAILABILITY OF LANDS INVESTIGATIONS AND REPORTS PHYSICAL CONDITIONS; UNDERGROUND FACILITIES ARTICLE 18 19 20 1 2 2.1 22 2.3 2.4 2.5 3 3.1 32 4 4.1 4.2 4.3 PAGE 8 9 &10 10 1 THRU 4 4&5 5&6 Index B 1:�D0(.100083�00083011.001PrjspecsVndexl.wpd SECTION III INDEX REFERENCE POINTS GENERAL CONDITIONS CONTINUED: BONDS AND INSURANCE PERFORMANCE AND PAYMENT BOND/CONTRACT BOND INSURANCE WANER OF RIGHTS CONTRACTORS RESPONSIBII.ITIES SUPERVISION AND SUPERINTENDENCE LABOR, MATERIALS AND EQUIPMENT SUBSTITUTES AND "OR EQUAL" TTEMS RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND OTHERS USE OF PREMISES LICENSE AND PATENT FEES, ROYALTIES AND TAXES LAWS AND REGULATIONS PERMITS SAFETY AND PROTECTION EMERGENCIES SHOP DRAWINGS AND SAMPLES CONTRACTOR' S GENERAL WARRANTY AND GUARANTEE CONTINUING THE WORK INDEMNIFICATTON 4.4 ARTICLE 5 5.1 5.2 5.3 6 6.1 6.2 6.3 6.4. 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 PAGE 7 THRU 11 11 THRU 19 Index C 1:�D0(.100083�OW83011.00�PrjspecsUndexl.wpd SECTION III INDEX OTHER WORK GENERAL CONDITIONS CONTINUED: RELATED WORK AT SITE COORDINATION OWNERS RESPONSIBILITY ENGINEERS'S STATUS DURING CONSTRUCTION OWNERS REPRESENTATIVE CLARIFICATION S AND INTERPRETATIONS REJECTION OF DEFECTIVE WORK SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS DECISIONS OF DISPUTES LIMITATIONS ON ENGINEER' S RESPONSIBILITIES CHANGES IN THE WORK CHANGES IN THE CONTRACT PRICE CHANGES IN THE CONTRACT PRICE ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT UNIT PRICE WORK CHANGES IN THE CONTRACT'TIIvIE TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTNE W ORK TESTS AND INSPECTION UNCOVERING THE WORK Index D 7 ARTICLE 7.1 7.2 8 9 9.1 9.2 93 9.4 9.5 � 9.6 10 11 11.1 11.2 113 12 13 19&20 PAGE 20 20 THRU 22 22 & 23 23 THRU 25 25 26 THRU 28 13.1 13.2 J:�DOC.1000 8 31000 8 3 0 1 1.00�PrjspecsUndex l.wpd SECTION III INDEX ENGINEER MAY STOP THE WORK GENERAL CONDITIONS CONTINUED: CORRECTION OR REMOVAL OF DEFECTIVE WORK WARRANTEFJCORRECTION PERIOD ACCEPTANCE OF DEFECTIVE WORK OWNER MAY CORRECT DEFECTIVE WORK PAYMENTS TO CONTRACTOR AND COMPLETTON APPLICATION FOR PROGRESS PAYMENT CONTRACTOR'S WARRANT'EE OF TITLE REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS PARTIAL UTILIZATION FINAL INSPECTION FINAL APPLICATION FOR PAYMENT FINAL PAYMENT AND ACCEPTANCE WAIVER OF CLAIMS SUSPENSION OF WORK AND TERMINATION OWNER MAY SUSPEND THE WORK OWNER MAY TERMINATE CONTRACTOR MAY STOP WORK OR TERMINATE DISPUTE RESOLUTION MISCELLANEOUS SUBMITTAL AND DOCUMENTS FORMS 13.3 ARTICLE 13.4 13.5 13.6 13.7 14 14.1 14.2 14.3 14.4 14:5 14.6 14.7 14.8 15 15.1 15.2 15.2 16 17 17.1 PAGE 28 THRU 32 32 THRU 34 34 34&35 �I1deX E' J:�D0C,100083�0008301 I.00�PrjspecsUndex l .wpd SECTION III INDEX GENERAL CONDITIONS CONTINUED: GIVING NOTICE NOTTCE OF CLA1M PROFESSIONAL FEES AND COURT COSTS INCLUDED ASSIGNMENT OF CONTRACT IV TECHNICAL SPECIFICATIONS ASPHALTIC CONCRETE - TYPE PC-1, PG2 OR PC-3 BEDDING MATERIAL - CRUSHED STONE BRIDGE STRUCTURE - STEEL CLEARING AND GRUBBING CONCRETE - CLASS I, II, III OR IV CONCRETE STRUCTURES - CLASS I, II, III OR IVX END SECTIONS, FLARED AND MITERED EXCAVATION FILL MATERIAL FLOATING TURBIDITY BARRIER GRADING INLETS, MANHOLES AND JUNCTION BOXES MAINTENANCE OF TRAFFIC MATERIAL TESTTNG MISCELLANEOUS ALLOWANCE, CONTINGENCY MOBILIZATION ARTICLE 172 17.3 17.4 17.5 PAGE 1 3 4 8 10 11 12 13 15 17 18 19 21 23 26 27 Index F J:�DOC100083�0008301 I.00�PrjspecsUndex l.wpd SECTION IV u INDEX ARTICLE TECHNICAL SPECIFICATIONS CONTINUED: OFFICE FOR THE ENGINEER PILING, FUI2NISHED AND DRIVEN (PRECAST CONC), SPLICES PIPE CULVERT - CONCRETE, ROUND PIPE CULVERT - CONCRETE, ELLIPTICAL PIPE HANDRAIL RIP-RAP, GRADED ROADWAY BASE - LIMEROCK SEEDING AND MULCHING SIDEWALK - CONCRETE SIGNS - PROJECT IDENTIFICATION SLOPE PAVING - CELLULAR CONFINEMENT SYSTEM SLOPE PAVING - INTERLOCKING BLOCK MAT SODDING - INCLUDING WATER AND FERTILIZER STABILIZATION - TYPE B STAKED SILT BARRIER STOCKPILE SITE MANAGEMENT SURVEY CONTROL WHEEL STOPS, CONCRETE AWARD OF CONTRACT AND WORK SCHEDULE CONTRACT FORMS CONTRACT BOND PAGE 28 29 30 32 34 35 37 38 39 40 41 43 53 54 55 56 57 58 59 1 THRU 3 Index �7 J:�DOC100083�00083011.00�PrjspecsVndexl.wpd SECTION V VI INDEX CONTRACT CONTRACTOR' S AFFIDAVIT FOR FINAL PAYMENT CONTRACT FORMS CONTINUED: PROPOSAL BOND AFFIDAVIT NON-COLLUSION AFFIDAVIT PROPOSAL ADDENDUM ACKNOWLEDGMENT SHEET UNIT PRICE PROPOSAL SHEET SPECIAL PROVISIONS VII OTHER DATA (AVAILABLE FROM CITY) ENVIRONMENTAL PERMIT GEOTECHNICAL REPORT ARTICLE 4 THRU 6 7 PAGE 8 9 10 11 THRU 13 14 15 1 THRU 12 Index H 1:�DOC100063�00083011.00�Prjspecsundex l.wpd SECTION II SECTION II INSTRUCTIONS TO BIDDERS 1. COPIES OF BIDDING DOCUMENTS 1.1 Complete sets of the Bidding Documents are available for the sum stated in the Advertisement for Bid from the Ofiice of the Purchasing Manager. This amount represents reproduction costs and is non-refundable. A complete bidders package containing plans, specifications, bond forms, contract form, affidavits and bid/proposal form is available only to pre-qualified bidders. Contractors, suppliers, or others who are not pre-qualified but who may be a possible subcontractor, supplier, or other interested person may purchase a"Subcontractor" package consisting of plans, specifications, and list of pay items. 1.2 Complete sets of Bidding Documents must be used in preparing bids. Neither the City nor � the Engineer shall be liable for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents, by Bidders, sub-bidders or others. I� ■ �� 2. � 1.3 The Ciry, in making copies of Bidding Documents available on the above terms, dces so only for the purpose of obtaining Bids on the Work and does not confer a license or grant any other pernussion to use the documents for any other purpose. QUALIFICATION OF BIDDERS Each prospective Bidder must pre-qualify to demonstrate, to the complete satisfaction of the City of Clearwater, that the Bidder has the necessary facilities, equipment, ability, financial resources and experience to perform the work in a satisfactory manner before obtaining drawings; specifications and contract documents. An application package for pre-qualification may be obtained by contacting the City of Clearwater, Engineering Department, Engineering Services Division at P.O. Box 4748, Clearwater, Florida 33758-4748 (mailing address);100 South Myrtle Avenue, Clearwater, FL,. 33756-5520 (street address only) or by phone at 813-562-4750. All qualification data must be completed and delivered to the Director of Engineering at the above address not later than fourteen (14) days prior to the time set for the receipt of bids. Bidders currently pre-qualified by the City do not have to make reapplication. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 3.1 It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly; (b) visit tt�e site to become familiaz with local conditions that may in any manner affect cost, progress, performance or furnishing of the work; (c) consider and abide by all applicable federal, state and local laws, ordinances, rules and regulations; and (d) study and Section II II- 1 J:1DOC�00083\00083011.00�Prj specs\Sect2.wpd i � � carefully conelate Bidder's observations with the Contract Documents, and notify Engineer of all conflicts, enars or discrepancies in the Contract Documents. 3.2 In reference to the Technical Speciiications and/or the Scope of the Work for identification � of those reports of explorations and tests of subsurface conditions at the site which have been utilized by the Engineer in the preparation of the Contract Documents, bidder may rely upon the accuracy of the technical data contained in such reports but not upon non-technical data, � interpretations or opinions contained therein or for the completeness thereof for the puiposes of bidding or construction. In reference to those drawings relating to physical conditions of existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to � the site and which have been utilized by the Engineer in preparation of the Contract Documents, bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. �� L� � � � L� � 3.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site are based upon information and data furnished to the City and Engineer by owners of such Underground Facilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless expressly provided in the Contract Documents. 3.4 Provisions conceming responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities, other physical conditions, possible conditions, and possible changes in the Contract Documents due to differing conditions appear in the General Conditions. 3.5 Before submitting a Bid, each Bidder shall, at Bidder's own expense, make or obtain any additional examinations,.investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, .subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing the work in accordance with the time, price and other terms and conditions of the Contract Documents. 3.6 On request in advance, City will provide each Bidder access to the site to conduct such � explorations and tests at Bidder's own expense as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former condition upon completion of such explorations and tests. � � � 3.7 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by the Contractor in perfornung the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the City unless otherwise provided in the Contract Documents. � Section II , II-2 J:�DOC100083�00083011.00�Prjspecs\S ect2.wpd 3.8 The submission of a Bid will constitute an unequivocal representation by the Bidder that the Bidder has complied with every requirement of these Instructions to Bidders and that, without exception, the Bid is premised upon perfornung and furnishing the Work required by the Contract Documents by such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of performance and furnishing of the work. 4. INTERPRETATIONS AND ADDENDA 4.1 All questions as to the meaning or intent of the Contract Documents aze to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be issued by Addenda, either by mail or facsimile transmission, to all parties recorded by the Purchasing Manager as having received the Bidding Documents. Questions received less than ten (10) days prior to the date for opening of Bids may not be answered. Only information provided by formal written Addenda will be binding. Oral and other interpretations of clarifications will be without legal effect. 4.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by the City or Engineer. 5. BID SECURITY OR BID BOND 5.1 Each Bid must be accompanied by Bid Security made payable to the City of Clearwater in an amount equal to ten percent (10%) of the Bidders's maacimum Bid price and in the form of a � certified or cashiers check or a Bid Bond (on form attached) issued by a surety meeting the requirements of the General Conditions. A cash bid bond will not be accepted. � � i � � 5.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Payment and Performance bonds, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Bonds within ten (10) days after the award of contract by the City Commission, the City may annul the bid and the Bid Security of the Bidder will be forfeited. The Bid Security of any Bidder whom the City believes to have a reasonable chance of receiving the award may be retained by the City until the successful execution of the agreement with the successful Bidder or for a period up to ninety (90) days following bid opening. Security of other Bidders will be returned approximately fourteen (14) days after the Bid opening. 53 The Bid Bond shall be issued in the favor of the City of Clearwater by a surety company qualifed to do business in, and having a registered agent in the State of Florida. � Section II � II-3 J:�DOC100083\00083011.00Wrjspecs\S ect2.wpd 6. CONTRACT TIME 6.1 The number of consecutive calendar days within which the work is to be completed is set forth in the Technical Specifications. 7. LIQUIDATED DAMAGFS 7.1 Provisions for liquidated damages are set forth in the Contract Agreement. 8. SUBSTITUTE MATERIAL AND EQUIPMENT 8.1 The contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item may be furnished or used, application far its acceptance will not be considered by the Engineer until after the effective date of the Contract Agreement. The procedure for submittal of any such application is described in the General Conditions and as supplemented in the Technical Specifications. � 9. SUBCONTRACTORS 9.1 If requested by the City or Engineer, the Successful Bidder, and any other Bidder so requested, shall, within seven (7) days after the date of the request, submit to the Engineer an experience statement with pertinent information as to;simiiaz projeets and other evidence of qualification for each Subcontractor, supplier, person and organization to be used by the Contractor in the completion of the Work. The amount of subcontract work shall not exceed fifty percent (50°Io) of the Work except as may be specifically approved by the Engineer. If the Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, supplier, other person or organization, he may, before recommending awazd of the Contract Agreement to the City Corrunission, request the Successful Bidder to submit an acceptable substitute without an increase in Contract Price or Contract Time. If the Successful Bidder declines to make any such substitution, the City may award the contract to the next lowest and most responsive Bidder that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations. Declining to make requested substitutions will not constitute grounds for sacrificing the Bid securiry to the City of any Bidder. Any Subcontractor, supplier, other person or organization listed by the Contractor and to whom the Engineer does not make written objection prior to the recommendation of awazd to the City Commission will be deemed acceptable to the City subject to revocation of such acceptance after the Effective Date of the Contract Agreement as provided in the General Conditions. , Section II L I � 1:�D0(,100p83�00083011.00�Prj specs\Sect2.wpd , � , , 9.2 No Contractor shall be required to employ any Subcontractor, supplier, person or organization against whom he has reasonable objection. 10. BID/PROPOSAL FORM � 10.1 The Bid/Proposal Form is included with the Contract Documents and shall be completed in ink or by typewriter. All blanks on the Bid/Proposal Forms must be completed. The Bidder must state in the Bid/Proposal Form in words and numerals without delineations, alterations or � erasures, the price for which he will perform the work as required by the Contract Documents. Bidders are required to bid on a11 items in the Bid/Proposal form. The lump sum for each section or item shall be for furnishing all equipment, materials, and labor for completing the section or ,� item as per the plans and contract specifications. Should it be found that quantities or amounts shown on the plans or in the proposal, for any part of the work, are exceeded or should they be found to be less after the actual consttuction of the work, the amount bid for each section or item � will be increased or decreased in direct proportion to the unit prices bid for the listed individual items. � � i 10.2 Bids by corporations shall be executed in the corporate name by the president or a vice- president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be �xed. The corporate address and state of incorporation shall be shown below the Signature. If requested, the person signing a Bid for a corporation or partnership shall produce evidence satisfactory to the City of the person's authority to bind the coiporation or partnership. 10.3 �Bids by partnerships shall be executed in the partnership name and signed by a general , ..- �` partner., whose title shall appeaz under the signature and the off'icial address of the partnership - � sha11 be shown below the signature. � � � � �, � 10.4 All names shall be typed or printed below the signature. 11. SUBMISSION OF BIDS 11.1 Sealed Bids shall be submitted at or before the time and at the place indicated in the Advertisement for Bids and shall be submitted in the bid envelope provided with the bid documents. If forwazded by mail, the Bid shall be enclosed in another envelope with the notation "Bid Enclosed" on the face thereof and addressed to the City of Clearwater, attention Purchasing Manager. Bids will be received at the office indicated in the Advertisement until the time and date specified. Telegraphic or facsimile bids received by the Purchasing Manager will not be accepted. � Section II , II-5 1:�D0(,1ppp83\000830f 1.00�Prjspecs�Sect2.wpd � � � 12. MODIFICATION AND WITHDRAWAL OF BIDS 12.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered as described in the Advertisement of Bids. A request for withdrawal or a modification shall be in writing and signed by a person duly authorized to do so. Withdrawal of a Bid will not prejudice the rights of a Bidder to submit a new Bid prior to the Bid Date and Time. After expiration of the period for receiving Bids, no Bid may be withdrawn or modified. 12.2 After a bid is received by the City, the bidder may request to modify the bid for , typographical or scrivener's errors only. The bidder must state in writing to the City that a typographical or scrivener's error has been made by the bidder, the nature of the enor, the requested correction of the error, and what the adjusted bid amount will be if the correction is � accepted by the City. The City reserves the right at its sole discretion to accept, reject, or modify any bid. � 13. REJECTION OF BIDS � � � � � 14. 13.1 To the extent permitted by applicable State and Federal laws and regulations, the City reserves the right to reject any and all Bids, and to waive any and all informalities. Grounds for the rejection of a bid include but are not limited to a material omission, unauthorized alteration of form, unauthorized alternate bids, incomplete or unbalanced unit prices, or irregularities of any kind. Also, the City reserves the right to reject any Bid if the City believes that it would not be in the best interest of the public to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the City. The City reserves the right to decide which bid is deemed to be the lowest and best in the interest of the public. ; DISQUALIFICATION OF BIDDER 14.1 Any or all bids will be rejected if there is any reason for believing that collusion exists , among the bidders, the participants in such collusion will not be considered in future proposals for the same work. Each bidder shall execute the Non-Collusion Aff'idavit. � 15. i , OPENING OF BIDS 151 Bids will be opened and read publicly at the location and time stated in the Advertisement for Bids. Bidders are invited to be present at the opening of bids. , Section II �� 1 . 1:\DO(.'�00083\0008 3011.00�Prj specs�.S ect2. wpd � � � I� I� 16. LICENSES, PERMITS, ROYALTY FEES AND TAXES 16.1 The Contractor shall secure a111icenses and permits (and shall pay all permit fees) except as speciiically stated otherwise in the Technical Specifications. The Contractor shall comply with all Federal and State Laws, County and Municipal Ordinances and regulations which in any manner effect the prosecution of the work. City of Clearwater building permit and impact fees will be waived except as speciiically stated otherwise in the Technical Specifications. 16.2 The Contractor shall assume all liability for the payment of royalty fees due to the use of any construction or operation process which is protected by patent rights except as specifically stated otherwise in the Technical Specifications. The amount of royalty fee, if any, shall be stated by the Contractor. � 16.3 The Contractor shall pay all applicable sales, consumer, use and other taxes required by law. The Contractor is responsible for reviewing the pertinent State Statutes involving the sales tax and sales tax exemptions and complying with all requirements. I� 17. IDENTICAL TIE BIDS/VENDOR DRUG FREE WORKPLACE I� � , 17.1 In accordance with the requirements of Section 287.087 Florida Statutes regarding a Vendor Drug Free Workplace, in the event of identical tie bids, preference shall be given to bidders with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none or all of the tied bidders have a drug- free workplace program. In order to have a drug-free workplace program, a contractor shall supply the City with a certificate containing the following six statements and the accompanying certification statement: � (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substanee is prohibited in the workplace and specifying the actions that will be taken agamst employees for violations of such prohibition. � � � (2) Inform employees as to the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement speciiied in subsection (1). , Section II � II-7 1:�D0(,100083\0008301 l .00�Prjspecs\S ect2. wpd r� � (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893, or of any controlled substance law, of the United States, or of any state, for a violation occurring in the workplace no later than five (5) days after such conviction. � (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. I� �� I � 18. I� � , , � L_] � � (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. I certify that this iirm does/dces not (select only one) fully comply with the above requirements. AWARD OF CONTRACT 18.1 Discrepancies between words and figures will be resolved in favor of words. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 18.2 In evaluating the Bids,'the City will consider the qualifications of the Bidders;�whether or not the Bids comply with the prescribed requirements, unit prices, and other data as may be requested in the Bid/Proposal form. The City may consider the qualifications and experience of Subcontractors, suppliers and other persons and organizations proposed by the Cont�actor for the Work: The City may conduct such investigations as the City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability .of Bidders, proposed Subeontractors, Suppliers and other persons, and organizations to perform and furnish the Work in accordance with the Contract Documents to the City's satisfaction within the prescribed time. _ 18.3 If the Contract is to be awarded, it will be awarded to the lowest responsible, responsive Bidder whose evaluation by the City indicates to the City that the award will be in the best interest of the City. 18.4 Awazd of contract will be made for that combination of base bid and alternate bid items in the best interest of the City, however, unless otherwise specified all work awazded will be awarded to only one Contractor. � Section II � �'' 1 • 1:�D0(,'�00083�00083011.00�Prj specs�Sect2.wpd �� I � 19. � I� I� I , I� � , BID PROTEST 19.1 RIGHT TO PROTEST: Any actual bidder who is aggrieved in connection with the solicitation or awazd of a contract may seek resolution of his/her complaints initially with the Purchasing Manager, and if not satisfied, with the City Manager, in accordance with protest procedures set forth in this section. 19.2 PROTEST PROCEDURE: A. A protest with respect to the specifications of an invitation for bid or request for proposal shall be submitted in writing a minimum of five (5) work days prior to the opening of the bid or due date of the request for proposal. Opening dates for bids or due dates for requests for proposal will be printed on the bid/request document itself. B. Protests in respect to awazd of contract shall be submitted in writing a ma�cimum of five (5) work days after notice of intent to award is posted, or is mailed to each bidder, which ever is earlier. Notice of intent to award will be forwarded to bidders upon telephonic or written request. Protests of recommended award should cite specific portions of the City of Clearwater Code of Ordinances that have allegedly been violated. C. Exceptions to the five (5) day requirements noted in both A and B above may be granted if the aggrieved person could have not been reasonably expected to have knowledge of the facts giving rise to such protest prior to the bid opening, posting of intent to award, or due date for requests for proposals. Request for exceptions should be.made in writing, stating reasons for the exception. D: : The Purchasing Manager shall respond to the formal written protest within five business , -. • days of receipt. The Purchasing Manager's response will be fully coordinated with the appropriate Department Director and the Assistant City Manager. I� � � E. If the protestor is not satisfied with the response from the Purchasing Manager, he/she may then submit in writing within five business days of receipt of that response his/her reason for dissatisfaction, along with copies of his/her original formal protest letter and the response from the Purchasing Manager, to the City Manager. F. The City Manager as Purchasing Agent for the City has the final authority in the matter of protests. T'he City Manager will respond to the protestor within ten work days of receipt of the appeal. 19.3 STAY OF PROCUREMENT DURING PROTEST: In the event of a timely protest, the Purchasing Manager shall not proceed with the solicitation or award of contract until all administrative remedies have been exhausted or until the City Manager makes written � Section II I � 1 � J:�DOC�00083\0008301 I.00�Prj specs�Sect2. wpd determination that the awazd of contract without delay is necessary to protect the best interest of the City. 20. TRENCH SAFETY ACT 20.1 The Bidder shall comply with the provisions of the Florida Trench Safety Act (Sections 553.60-553.64, Florida Statutes) and the provisions of the Occupational Safety and Health Administration's (OSHA) excavation safety standards, 29 C.F.R.s 1926.650 Subparagraph P, or current revisions of these laws. Section II II- 10 J:�DOC.100083W0083011.00�Prjspecs�Sec[2.wpd SECTION III SECTION III GENERAL CONDITIONS 1. DEFINITIONS: Addenda Written or graphic instruments issued prior to the opening of Bids which clarify, conect or change the Bidding Requirements or the contract documents. Agreement The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment The form accepted by ENGINEER which is to be used by � CONTRACTOR in requesting progress or iinal payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. � Approve The word approve is defined to mean satisfactory review of the material, equipment or methods for general compliance with the design concepts and with the information given in the Contract Documents. It does not imply a responsibility on the part of the Engineer to � verify in every detail conformance with the Drawings and Specifications. � Bid The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the work to be performed. � Bidding Documents The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contact Documents (including all Addenda issued prior to receipt of Bids). � Bonds Performance and payment bonds and other instruments of security. � Change Order A written order to Contractor signed by Owner and Contractor authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued on or after the effective date of the Agreement. � City The City of Clearwater, Florida. � � � Section III , II J:�DO(,1000 8 31000 8 3 0 1 1.00�Prj specslS ect3.wpd i� I� 1. DEFINITIONS CONTINUED: Contract Documents The Agreement, Addenda (which pertain to the Contract Documents), � Contractor's Bid (including documentation accompanying the bid and any post-Bid documentation submitted prior to the execution of the Agreement) when attached as an exhibit to the Agreement, the Bonds, Instructions to Bidders, these General Conditions, any , Supplementary Conditions, the Specifications and the Drawings, any other exhibits identiiied in the Agreement, together with all Modifications issued after the execution of the Agreement. I� I� � I� Contract Price The Contract price constitutes the total compensation (subject to authorized adjustments) payable by Owner to Contractor for performing the Work. Contract Time The number of days or the date stated in the Agreement for the completion of the Work. Contractor The Person with whom the Owner has entered into the Agreement. Day A calendar day of twenty-four hours measured from midnight to the next midnight. Defective An adjective which when modifying the word Work refers to Work that is � unsatisfactory, faulty or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to Engineers recommendation of iinal � � L_� � payment. Drawings The drawings, which will be identified in Technical Specifications or the Agreement, which show the character and scope of the Work to be performed and which have been prepared or approved by Engineer and aze referred to in the contract documents. Shop drawings are not Drawings as so defined. � Engineer The duly appointed representative of the City Manager of the City of Clearwater For the purposes of this contract, the City Engineer or his duly appointed representative. Engineer's Consultant A Person having a contract with Engineer to furnish services as Engineer's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. Furnish The words "furnish", "furnish and install", "install", and "provide" or words of � similar meaning shall be interpreted, unless otherwise speciiically stated, to mean "furnish and install complete in place and ready for service". I� � L.�' r Inspection The term "inspection" and the act of inspecting means examination of construction to ensure that it conforms to the design concept expressed in the Drawings and Speciiications. These terms shall not be construed to mean supervision, superintending or overseeing. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes and orders of any kind of governmental bodies, agencies, authorities and courts having jurisdiction. Section III � — 2 J:�DOC100083\00083011.00�Prjspecs\Sec[3.wpd L� � � 1. DEFINITIONS CONTINUED: Liens Liens, charges, security interests or encumbrances upon real property or personal property. Milestone A principal event speciiied in the contract Documents relating to an intermediate completion date or time prior to the final completion date. Notice to Proceed A written notice given by the Owner to the Contractor iixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform his obligations under the Contract Documents. Owner The City of Clearwater, Florida Person A natural person or a corporation, partnership, iirm, organization, or other artificial entity. Project The total construction of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents. Partial Utilization Use by Owner of a substantially completed part of the Work for the purpose for which is intended (or a related purpose) prior to Final Completion of all the Work. Shop Drawing All drawings, diagrams, illustrations, schedules and other data which are speciiically prepazed by or for Contractor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, perform�ance charts, instructions, diagrams and other information prepared by a supplier and submitted by Contractor to illustrate material or equipment for some portion of the Work. , Specifzcations Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems; standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor A person having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion The Work (or a speciiied part thereofl which has progressed to the point where, in the opinion of Engineer, as evidenced by Engineers's deiinitive certificate of Substantial Completion, it is suf�ciently complete, in accordance with the Contract documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certifcate is issued, when the Work is complete and ready for final payment as evidenced by the Engineer's recommendation of final payment. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. Supplementary Conditions The part of the Contract which amends or supplements these General Conditions. Seetion III III - 3 1:�DOC100083\00083011.00\PrjspecslSect3.wpd i� �� 1. DEFINITIONS CONTINUED: � Supplier A manufacturer, fabricator, supplier, distributor, material man or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by the Contractor. I� I� � i �. � � � � � � ,� � � � , Surety Any person, firm or corporation which is bound with Contractor and which engages to be responsible for Contractor and his acceptable performance of the Work by a Bid, Performance or Payment Bond. Underground Facilities All pipelines, conduits, ducts, cables, wires manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal or treatment, traffic or other control systems or water. Unit Price Work Work to be paid for on the basis of unit prices. Work The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. Work Change Directive A written directive to Contractor, issued on or after the Effective Date of the Agreement and signed by the Engineer, ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed or emergencies. Work Change Directive will not change the Contract Price or Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 2. PRELIMINARY MATTERS: 2.1 DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE- When Contractor delivers the executed Agreements to Owner, Contractor shall also deliver to Owner such Bonds and Certificates of Insurance as Contractor may be required to furnish by this contract. 2.2 COPIES OF DOCUMENTS- Engineer shall furnish to Contractor five copies of Contract Documents for execution. Additional copies will be furnished, upon request, at the cost of reproduction. 2.3 COMMENCEMENT OF CONTRACT TIME/NOTICE TO PROCEED; STARTING THE PROJECT- The Contract Time will commence on the day indicated in the Notice to Proceed. Contractor shall start to perform the work on the date the Contract Section III III - 4 J:�DOC100083�00083011.00�Prjspecs�Sect3.wpd � I� I� � I� L� I� I� I � � � ,. � � I� I� � � 2.3 COMMENCEMENT OF CONTRACT TIME/NOTICE TO PROCEED STARTING THE PROJECT CONTINUED: Time commences to run. No work shall be done at the site prior to the date which the Contact Time commences to run. 2.4 BEFORE STARTING CONSTRUCTION- Before undertaking each part of the Work, Contractor shall cazefully study and compaze the Contract Documents and check and verify pertinent iigures shown thereon and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error or discrepancy which Contractor may discover; and shall obtain a written interpretation or clarification from Engineer before proceeding with any work effected thereby; however, Contractor shall not be liable to Owner for failure to report any conflict, error or discrepancy in the Drawings or Specifications, unless Contractor had actual knowledge thereof or should reasonably have known thereof. No verbal agreement or conversation with any officer, agent or employee of Owner or Engineer, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. Contractor shall not commence any work at any time without approved insurance required by these General Conditions. Failure to obtain this insurance will be the sole responsibility of the Contractor. 2.5 PRECONSTRUCTION CONFERENCE- Within twenty days of Award of Contract and before the start of the Work, the Engineer may schedule a conference to be attended by Contractor, Engineer and others as appropriate to establish a working understanding among the parties as to the Work and to discuss the schedule of the Work and general Contract procedures. 3. CONTRACT DOCUMENTS, INTENT: 3.1 INTENT- The Contract Documents comprise the entire Agreement between the Owner and the Contractor concerning the Work. They may be altered only by written agreement. The Contract Documents are complementary; What is called for by one is as binding as if called for by all. It is the intent of the Contract Documents to describe a functionally complete project (or part thereo fl to be constructed in accordance with the Contract Documents. Any Work, materials or equipment which may reasonably be inferred from the Contract Documents or from prevailing custom or from trade usage as being required to produce the intended result will be furnished and performed whether or not specif cally called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by the Engineer. Reference to standards, specifcations, manuals or codes of any technical society, organization or association, or to the code, Laws or Regulation of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual or code, or Laws or Regulations in effect at the time of opening of Bids except as may be otherwise specifically stated in the Contract Documents. However, no provision of any referenced standard specification, manual or code (whether or not specially incorporated by reference in the responsibilities of Owner or Contractor as set � Seetion III III - 5 J:�DOC100083�0008301 LOO�PrjspecslSect3.wpd � I� 31 INTENT CONTINUED: � forth in the Contract Documents) shall change the duties and responsibilities of Owner, Contractor or Engineer, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract shall be issued by Engineer. Each and every provision of law and clause required by law to be inserted in these Contract documents shall be deemed to be inserted herein, and they shall be read and enforced as through it were included herein, and if through mistake or otherwise, any such provision is not inserted, or if not correctly inserted, then upon the application of either party, the Contract Documents shall forthwith be physically amended to make such insertion. The various Contract Documents shall be given precedence, in case of conflict, error or discrepancy, as follows in ascending or descending order: Modifications, Contract Agreement, Addenda, Supplementary Conditions, General Conditions, Drawings, Technical Specifications. In a series of Modifications or Addenda the latest will govern. 3.2 REPORTING AND RESOLVING DISCREPANCIES If, during the performance of the Work, Contractor discovers any conflict, enor, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier, Contractor shall report it to the Engineer in writing at once, and Contractor shall not proceed with the Work affected thereby (except in an emergency) until an amendment or supplement to Contract Documents has been issued by one of the methods provided in these General Specifications, provided however, that Contractor shall not be liable to Owner or Engineer for failure to report any such conflict, error, ambiguity or discrepancy unless Contractor knew or reasonably should have known thereof. 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS: 4.1 AVAILABILITY OF LANDS- Owner shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be Performed, rights-of-way, easements for access thereto, and such other lands which are designated for the use of contractor. Owner shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which contractor will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided in the Contract Documents. 4.2 INVESTIGATIONS AND REPORTS- Reference is made to the Supplementary Conditions and Technical Specifications for identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by Engineer in preparation of the Drawings and Specifications. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. Contractor shall � Section III �— 6 J:�D0C100083\0008301 LOO�Prjspecs�Sect3.wpd 4.2 INVESTIGATIONS AND REPORTS CONTINUED: promptly notify Engineer in writing of any subsurface or latent physical conditions at the site, or in an existing structure, differing materially from those indicated or refened to in the Contract Documents. Engineer will promptly review those conditions and advise if further investigation or tests are necessary. Owner or Engineer shall obtain the necessary additional investigations and tests and furnish copies to the Engineer and Contractor. If Engineer finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those indicated in the contract Documents, and which could not reasonably have been anticipated by Contractor, a work change or Change Order will be issued incorporating the necessary revisions. 4.3 PHYSICAL CONDITIONS, UNDERGROUND FACILITIES- The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to �h� sit� is based on information and data furnished to Owner or Engineer by the owners of such IJnderground Facilities or by others. Unless otherwise expressly provided in the Contract Documents, Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and the cost of all the following will be included in the Contract Price and contractor shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. The Contractor is required to call the LOCAL PUBLIC UTILITY NOTIFICATION CENTER prior to any excavation per State regulations and to notify any utility owners who are not a member of the LOCAL PUBLIC UTILITY NOTIFICATION CENTER prior to any excavation. The LOCAL PUBLIC UTILITY NOTIFICATION CENTER is an agency for the protection and location of utilities prior to any excavation�and contact number is available in local telephone directory. � 4.4 REFERENCE POINTS- Engineer shall provide engineering surveys to establish reference points for construction which in Engineer's judgement are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. The Contractor is referred to the Technical Speciiications for more specific information regarding the provision of construction surveys. Excessive stake replacement caused by negligence of Contractor's forces, after initial line and grade have been set, as determined by the Engineer, will be charged to the Contractor at the rate of $75.00 per hour. Time shall be computed for actual time on the project. All time shall be computed in one hour increments with a minimum charge of one hour. 5. BONDS AND INSURANCE: Section III III - 7 1:�DOC�00083�0008301I.00�PrjspecslSect3.wpd 5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND- Contractor shall furnish a Performance Bond and Payment Bond, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least one year after the date when final payment becomes due, unless a longer period of time is prescribed by laws and regulations or by the Contract Documents. Contractor shall also furnish such other Bonds as aze required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of such agents authority to act. All bonds shall be deemed to contain all of the Conditions of Section 255.05, Florida Statutes, even if such language is not directly contained within the bond and the Surety shall be licensed and qualified to do business in the State of Florida. The Owner reserves the right to reject any surety. If the Surety on any Bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of these Contract Documents, the Contractor shall within five days after notice thereof substitute another Bond and surety, both of which must be acceptable to the Owner. 5.2 INSURANCE- Contractor shall purchase and maintain such liability and other � insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from Contractor's � ' performance and furnishing of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed or furnished by Contractor, and Subcor�tractor or Supplier, or by anyone directly or indirectly employed by any of them to � perform or furnish any of the Work, or by anyone for whose acts any of them may be liable for the following: (i) Claims under worker's compensation, disability benefits and other similar employee benefit acts; (ii) Claims for damages because of bodily injury, occupational � sickness or disease, or death of Contractor's employees; (iii) Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; (iv) Claims for damages insured by customary personal injury liability coverage which are � sustained by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or by any other person for any other reason; (v) Claims for damages, other than to the Work itself, because of injury to or destruction of � tangible property wherever located, including loss of use resulting therefrom; and (vi) Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The Contractor shall deliver to � Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain in accordance with � this paragraph. The policies of insurance so required by this paragraph to be purchased and maintained shall: (i) include as additional insured (subject to any customary exclusion in � respect of professional liability) City of Clearwater and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insured, � Seetion III �— g J:�DOC�00083\0008301 LOO�PrjspecslSect3.wpd 5.2 INSURANCE CONTINUED: and include coverage for the respective officers and employees of all such additional insures; (ii) include completed operations insurance; (iii) include contractual liability insurance covering Contractor's indemnity obligations in Article for Contractor's Responsibilities; (iv) contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to the Owner, and Contractor and to each other additional insured identified in the Supplemental Conditions to whom a certiiicate of insurance has been issued (and the certificates of insurance furnished by the Contractor as described in this paragraph); (v) remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing or replacing defective Work in accordance with Article for Correction of Defective Work; vi) with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, shall remain in effect for at least two years after final payment. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to Owner and any such additional insured, of continuation of such insurance at final payment and one yeaz thereafter and (vii) Name and telephone number of the authorized insurance agent for the Insurer. The limits of liability for the insurance required shall provide coverage for not less than the following amounts or greater where required by laws and regulations: WORKER'S COMPENSATION INSURANCE (1) Workers' Compensation °• (2) Employer's Liability Contract Award Contract Award Amount Under $1,000,000. Statutory $500,000 Amount $1,000,000. and Over Statutory $1,000,000. PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE Comprehensive General Liability including Premise/Operations; Explosion, Collapse and Underground Property Damage; Products/Completed Operations, Broad Form Contractual, Independent Contractors; Broad Form Property Damage; and Personal Injury liabilities: (1) Bodily Injury: Contract Awazd Contract Award Amount Under Amount $1,000,000. $1,000,000. $500,000. Each Occurrence and Over $1,000,000. Each Occurrence Section IlI � — 9 1:�D0C100083\00083011.00�PrjspecslSect3.wpd , � � � � I� I� �� I� I� I � I� I� I� I� I� I� I � �_J 5.2 WORKER'S COMPENSATION INSURANCE CONTINUED: $1,000,000. $1,000,000. Annual Aggregate Annual Aggregate (2) Property Damage: $500,000. $1,000,000. Each Occurrence Each Occunence $1,000,000. $1,000,000. Annual Aggregate Annual Aggregate (3) Personal Injury, with employment exclusion deleted. Contract Award Contract Award Amount Under Amount $1,000,000. $1,000,000. and Over $1,000,000. $1,000,000 Annual Aggregate Annual Aggregate Comprehensive Automobile Liability including all owned (private and others), hired and non- owned vehicles: (1) Bodily Injury (2) Property Damage $500,000. Each Person $500,000. Each Accident $500,000. Each Occunence $1,000,000. Each Person $1,000,000. Each Accident $1,000,000. Each Occunence Receipt and acceptance by the Owner of the Contractor's Certiiicate of Insurance, or other similar document does not constitute acceptance or approval of amounts or types of coverages which may be less than required by these Contract Documents. Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests of Contractor, Subcontractors or others in the Work. The Owner may at its option require a copy of the Contractor's Insurance Policy(s). All insurance policies required within this Contract Document shall provide full coverage from the first dollar of exposure unless otherwise stipulated. No deductibles will be accepted without prior approval from the Owner. 5.3 WAIVER OF RIGHTS: Owner and Contractor intend that all policies purchased in accordance with Article on Insurance will protect Owner, Contractor, Subcontractors, Engineer, Engineer's Consultants and all other persons or entities identified in the SeCt1011 � � — 1� J:�D0C.100083100083011.00�Prjspecs\Sect3.wpd 5.3 WAIVER OF WRIGHTS CONTINUED: Supplementary Conditions to be listed as insured or additional insured in such policies and will provide primary coverage for a111osses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insured or additional insured thereunder, Owner and Contractor waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the work; and, in addition, waive all such rights against Sub- contractors, Engineer, Engineer's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insured or additional insured under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance otherwise payable under any policy so issued. In addition, Owner waives all rights against Contractor, Subcontraetors, Engineer, Engineer's Consultant and the officers, directors, employees and agents of any of them for: (i) loss due to business interruption, loss of use or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of or resulting from iire or other peril, whether or not insured by Owner and; (2) loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization, after substantial completion or after final payment. 6. CONTRACTORS RESPONSIBILITIES: 6.1 SUPERVISION AND SUPERINTENDENCE- Contractor shall supervise; inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but Contractor shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. Contractor shall be responsible to see that the completed work complies accurately with the Contract Documents. Contractor shall keep on the work at all times during its progress a competent resident superintendent, who shall not be replaced without notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the site and shall have authority to act on behalf of Contractor. All communications to the superintendent shall be as binding as if given to Contractor. Contractor shall employ only competent persons to do the work and whenever Engineer shall notify Contractor, in writing, that any person on the work appears to be incompetent, unfaithful, disorderly, or otherwise unsatisfactory, such person shall be removed from the project and shall not again be employed on it except with the written consent of Engineer. Contractor shall reimburse the Owner for additional engineering and inspection costs incurred as a result of overtime work in excess of the regular working hours or on the Owner's normally � Seetion III III - 11 1:�DOClpppg3U)ppg30l 1.00�Prjspecs�Sect3.wpd �� � 6.1 SUPERVISION AND SUPERINTENDENCE CONTINUED: approved holidays. At Owner's option, overtime costs may either be deducted from the Contractor's monthly payment request or deducted from the Contractor's retention prior to release of final payment or the Engineer may elect to receive a monthly check from the Contractor in the amount of the oveRime costs. Minimum number of chargeable hours for inspection costs on weekends or holidays shall be four hours. The cost of overtime inspection per hour shall be $40.00 per hour. Contractor shall provide and maintain in a neat and sanitary condition, such sanitary accommodations for the use of Contractor's employees as may be necessary to comply with the requirements of Laws and Regulations and the Engineer. 6.2 LABOR, MATERIALS AND EQUIPMENT- Contractor shall provide competent, suitably qualified personnel to survey, lay out and construct the work as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all work at the site shall be performed during regular working hours and Contractor will not permit overtime work or the performance of work on Saturday, Sunday, or any legal holiday without Owner's consent given after prior notice to Engineer. Unless otherwise speciiied in the General Requirements, Contractor shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. -- All materials and equipment installed in the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by Engineer, Contractors, shall furnish satisfactory evidence (including reports of required tests) as to the quality of materials and equipment. The Contractor shall provide suitable and secure storage for all materials to be used in the Work so that their quality shall not be impaired or injured. Materials that aze improperly stored may be rejected by the Engineer without testing. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise providad in the Contract Documents. 6.3 SUBSTITUTES AND "OR EQUAL" ITEMS- Whenever an item of material or equipment is speciiied or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by Engineer. If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and I� Section III III - 12 J:�DOC100083�00083011.00�Prj specs�.Sect3.wpd , � � i�J � � , �� � � , �_ � � I I � r--� L� L_�l � � C__ � 6.3 SUBSTITUTES AND "OR EQUAL" ITEMS CONTINUED: sufficiently similar so that no change in related Work will be required, it may be considered by Engineer for approval. If in the Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or equal" item, it may be considered as a proposed substitute item. Contractor shall submit sufficient information as required by the Engineer to allow the Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and is an acceptable substitute therefor. Request for review of proposed substitute and "or equal" will be not be accepted by Engineer from anyone other than Contractor. Request for substitute and "or equal" items by Contractor must be submitted in writing to Engineer and will contain all information as Engineer deems necessary to make a determination. All data provided by Contractor in support of any proposed substitute or "or equal" item will be at Contractor's expense. Engineer will be allowed a reasonable time to evaluate each proposal or submittal made per this paragraph. Engineer will be sole judge of acceptability. 6.4 RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND OTHERS - Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers and other persons performing or furnishing any of the work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other person, nor shall it create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person. Contractor sha11 be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers and other persons performing or furnishing any of the work under a direct or indirect contract with Contractor. Contractor shall require all Subcontractors, Suppliers and such other persons performing or furnishing any of the work to communicate with :the Engineer through Contractor. The divisions and sections of the Speciiications and the identifications of any Drawings shall not control Contractor in dividing the work among Subcontractors or Suppliers or delineating the work to be performed by any specific trade. All work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which speciiically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Contractor shall not pay or employ any Subcontractor, Supplier or other person or organization whether initially or as a substitute, against whom Owner or Engineer may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the work against whom Contractor has reasonable objection. Owner or Engineer will not undertake to settle any differences between Contractor and his Subcontractors or between Subcontractors. 6. 5 USE OF PREMISES: Contractor shall confine construction equipment, the storage of materials and equipment and the operations of works to the site and land areas identiiied Seetion III � — 13 J:�DOC100083�00083011.00�Prjspecs\Sect3.wpd , I� 6.5 USE OF PREMISES CONTINUED: � in and permitted by the Contract Documents on other land areas permitted by Laws and Regulations, right-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Contractor shall � assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, � Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceed in or at law. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, � Engineer, Engineer's Consultant and their officials, directors, employees and agents from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer or , any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. During the progress of the Work, Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work or at intervals established by the Engineer, Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. Contractor shall restore to original condition all property not designated for alteration by the Contract Documents. - <6.b LICENSE AND PATENT FEES, ROYAI�TIES AND TAXES- Contractor shall pay � all license fees and royalties and assume all costs incident to the use in the performance of the -' work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for.use in the performance of the work and if to the actual knowledge of Owner or Engineer its use is subject - to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants and the officers, directors, employees, agents and � other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Contractor shall pay all sales, consumer, use and other taxes required to be paid by Contractor in accordance with the Laws and Regulations of the State of Florida and other governmental agencies which are applicable during the performance of the work. 6.7 LAWS AND REGULATIONS- Contractor shall give all notices and comply with all � Laws and Regulations applicable to furnishing and performance of the Work. Except where � Section III III - 14 1:�DOC�00083�00083011.00�Prjspecs�Sect3.wpd � , � 6.7 LAWS AND REGULATIONS CONTINUED: otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer � shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. If Contractor performs any work knowing or having reason to know that it is contrary to Laws � or Regulations, Contractor shall bear all claims, costs, losses and damages caused by or arising out of such work: however, it shall not be Contractor's primary responsibility to make certain that the Speciiications and Drawings are m accordance with Laws and Regulations, but this � shall not relieve Contractor of Contractor's obligations to Owner to report and resolve discrepancies as described above. 6.8 PERMITS - Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. Contractor shall pay all charges of utility owners for connections to the work, and Owner shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Unless otherwise stated in the Contract Documents, City of Clearwater Building Permit and Impact Fees will be waived. 6.9 SAFETY AND PROTECTION- Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: (i) all persons on the work site or who may be affected by the work, (ii) all the Work and materials and equipment to be incorporated therein, ' whether in storage on or off the site;, and (iii) other property at the site or adjacent thereto, including trees, shrubs; lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. In the event of temporary suspension of the work, or during inclement weather; or whenever Engineer may direct; Contractor shall, and shall cause Subcontractors, to protect carefully the Work and materials against damage or injury from the weather. If, in the opinion of Engineer, any portion of Work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any Subcontractors to so protect the Work, such � Work and materials shall be removed and replaced at the expense of Contractor. The Contractor shall initiate and maintain an accident prevention program which shall include, but shall not be limited to the establishment and supervision of programs for the education and training of employees in the recognition , avoidance and prevention of unsafe conditions and acts. Contractor shall provide first aid services and medical care to his employees. The Contractor shall develop and maintain an effective fire protection and prevention program and good housekeeping practices at the site of contract performance throughout all phases of construction, repair, alteration or demolition. Contractor shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. The Engineer may order that the work stop if a condition of immediate danger to Owner's employees, equipment or of property damage exists. This provision shall not shift responsibility or risk of loss for injuries of damage sustained from the Contractor to the , � SeCt10Il � � — IS 1:�DOC100083\00083011.00�Prjspecs\Sect3.wpd � � i � � �� , � � 6.9 SAFETY AND PROTECTION CONTINUED: Owner, and the Contractor shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of Contract performance. The Contractor shall instruct his employees required to handle or use toxic materials or other hannful substances regarding their safe handling and use. The Contractor shall take the necessary precautions to protect pedestrians and motorists from harm, and to prevent disruptions of such traffic due to construction activity. Contractor shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property and to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property caused, directly or indirectly, in whole or part, by Contractor, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor that the Work is acceptable. 6.10 EMERGENCIES- In emergencies affecting the safety or protection of persons or the � Work or property at the site or adjacent thereto, Contractor, with or without special instruction or authorization from Owner or Engineer, is obligated to act to prevent damage, injury or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant � changes in the Work or variations from the Contract Documents have been caused thereby. If Engineer determines that a change in the Contract Documents is required because of the � action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. � � � � L� � 6.11 SHOP DRAWINGS AND SAMPLES- Contractor shall submit Shop Drawings to Engineer for review and approval as called for in the Technical Specifications or required by the Engineer. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show Engineer the materials and equipment Contractor proposes to provide and to enable Engineer to review the information. Contractor shall also submit Samples to Engineer for review and approval. Before submitting each Shop Drawing or Sample, Contractor shall have determined and veriiied: (i) all field measurements, quantities, dimensions, speci�ed performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, (ii) all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and (iii) all information relative to Contractor's sole responsibilities in respect to means, methods, techniques, sequences and procedures of construction ad safety precautions and programs incident thereto. Contractor shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples with the requirements of the Work and the Contract Documents. Each submittal will bear a stamp or specific written indication � Seetion III III - 16 1:�DOC100083�00083011.00�Pry'specs�Sect3.wpd � � 6.11 SHOP DRAWINGS AND SAlVIPLES CONTINUED: that Contractor has satisfied Contractor's obligations under the Contract Documents with � respect to Contractor's review and approval of that submittal. At the time of submission, Contractor shall give Engineer specific written notice of such variations, if any, that the Shop � Drawing or Sample submitted may have from the requirements of the Contract Documents, sueh notice to be in a written communication separate from the submittal; and, in addition, shall cause a speciiic notation to be made on each Shop Drawing and Sample submitted to Engineer for review and approval of each such variation. Engineer's review and approval of Shop Drawings and Samples will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated the Contract Documents. Engineer's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particulaz means method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. Contractor shall make corrections required by Engineer, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples Engineer's review and approval of Shop Drawings or Samples shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has in writing called Engineer's attention to each such variation at the time of submission and Engine.er has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by the Engineer relieve the Contractor from responsibility for complying with the require-requirements of paragraph above discussing field measurements by the Contractor. �- 6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE- Contractor warrants and guarantees to Owner, Engineer and Engineer's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. Contractor's warranty and guarantee hereunder includes defects or damage caused by abuse, vandalism, modification or operation by persons other than Contractor, Subcontractors or Suppliers. Until the acceptance of the Work by tfie Owner, the Work shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to any part thereof by action of the elements, or from any other cause whatsoever, arising from the execution or non-execution of the Work. The Contractor shall rebuild, repair and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any cause before its completion and final acceptance by the Owner. Contractor's warranty and guarantee hereunder excludes improper maintenance and operation � by Owner's employees and normal wear and tear under normal usage for any portion of the Work which has been partially accepted by the Owner for operation prior to final acceptance by the Owner. Contractor's obligation to perform and complete the Work in accordance with � the Contract Documents shall be absolute. None of the following will constitute an acceptance � Seetion III III — 1% J:�DOC�00083\0008301I.00�Pry'specs\Sect3.wpd 6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE CONTINUED: of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: (i) observations by Engineer, (ii) recommendation of any progress or final payment by Engineer, (iii) the issuance of a certificate of Substantial Completion or any payment by Owner to contractor under the Contract Documents, (iv) use or occupancy of the Work or any part thereof by Owner, (v) any acceptance by Owner or any failure to do so, (vi) any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of Acceptance by the Engineer. 6.13 CONTINUING THE WORK- Contractor shall carry on the work and adhere to the progress schedule during all disputes or disagreements with Owner. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as Owner or Contractor may otherwise agree in writing. 6.14 INDEMNIFICATION -Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itsel�, including the loss of use r.esulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of Contractor, any Subcontractor, any Supplier; any person directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, regazdless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulati�ons regardless of the negligence of any such person: If, through acts of neglect on the part of Contractor, any other Contractor or any Subcontractor shall suffer loss or damage on tfie work, Contractor shall settle with such other Contractor or Subcontractor by agreement or arbitration if such other Contractor or Subcontractor will so settle. If such other Contractor or Subcontractor shall assert any claim against Owner on such account of any damage alleged to have been sustained, Owner shall notify Contractor, who shall indemnify and save harmless Owner against any such claim. In any and a11 claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, or employees by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, any person directly or indirectly employed by any of them to perform or furnish any of the work, or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any such Sub-contractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. The indemnification obligations of Contractor under this paragraph shall not extend to the liability � .�eCt1011 � � - I8 J:�DOC100083U�083011.00�Prjspecs�,Sec[3.wpd 6.14 INDEMNIFICATION CONTINUED: of Engineer and Engineer's Consultants, officers, directors, employees, or agents caused by the professional negligence, errors or omissions of any of them. 7. OTHER WORK: 7.1 RELATED WORK AT SITE - Owner may perform other work related to the Project at the site by Owner's own forces, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to Contractor prior to starting any such other work, and (ii) Contractor may make a claim therefor if Contractor believes that such performance will involve additional expense to Contractor or requires additional time and the parties are unable to agree as to the amount or extent thereof. Contractor shall afford each other contractor who is a party to such a direct contract and each utility owner (and Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the work with theirs. Unless otherwise provided in the Contract Documents, Contractor shall do all cutting, fitting and patching of the work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise -- altering their work and will only cut or alter their work with the written consent of Engineer � and the others whose work will be affected. The duries and responsibilities of Contractor under 'this paragraph aze for the benefit of such utility owners•and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. Should the Contractor cause damage to any other contractor on the Project, the contractor agrees, upon due notice, to settle with such contractor by agreement or arbitration, if he will so settle. If such other contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor, who shall defend such proceedings at his own expense, and if any judgment against - the Owner arises therefrom the Contractor shall pay or satisfy the judgement and pay all costs �incurred by the Owner. - If the proper execution or results of any part of Contractor's work depends upon work performed by others under this Article. Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's work. Contractor's failure to so report will constitute an acceptance of such other work as iit and proper for integration with Contractor's work except for latent or nonapparent defects and deficiencies in such other work. 7.2 COORDINATION- If Owner contracts with others for the performance of other work on the Project at the site, the following will be set forth in the Scope of Work: (i) the person who will have authority and responsibility for coordination of the activities among the various Seetion III III - 19 1:�D0(,\00063�00083011.00�PrjspecslSect3.wpd 7.2 COORDINATION CONTINUED: prime contractors will be identified; (ii) the specific matters to be covered by such authority and responsibility will be itemized; and (iii) the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility in respect of such coordination. S. OWNERS RESPONSIBILITY: Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. Owner shall furnish the data required of Owner under the Contract Documents promptly and shall make payments to Contractor promptly when they aze due as provided in these General Conditions. Owner is obligated to execute Change Orders as indicated in the Article on Changes In The Work. Owner's responsibility in respect of certain inspections, tests, and approvals is set forth in the Article on Tests and Inspections. In connection with Owner's right to stop work or suspend work, see the Article on Engineer � may Stop the Work. The Article on Suspension of Work and Termination deals with Owner's right to terminate services of Contraetor under certain circumstances. The Owner shall not supervise, direct or have control or authority over, nor be responsible for, Contr.actor's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with - Laws and Regulations applicable to the furnishing or performance of the Work. Owner will not be responsible for Contractor's failure to perform or furnish the Work in accordance with the Contract Documents: 9. ENGINEER'S STATUS DURING CONSTRUCTION: 9.1 OWNERS REPRESENTATIVE - Engineer will be Owner's representative during the construction period. The duties and the responsibilities and the limitations of authority of Engineer as Owner's representative during construction aze set forth in the Contract Documents and shall not be extended without written consent of Owner and Engineer. 9.2 CLARIFICATIONS AND INTERPRETATIONS - Engineer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as Engineer may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on Owner and Contractor. If Contractor believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Time and the parties are unable to agree to SeCtlOII � � - 2� 1:�DOC100083�0008301I.00�Prjspecs\Sect3.wpd , � � 9.2 CLARIFICATIONS AND INTERPRETATIONS CONTINUED: the amount or extent thereof, if any, Contractor may make a written claim therefor as provided in the Articles for Change of Work and Change of Contract Time. � 9.3 REJECTING OF DEFECTIVE WORK- Engineer will have authority to disapprove or reject Work which Engineer believes to be defective, or that Engineer believes will not produce a compl�ted Project that conforms to the Contract Documents or that will pre�udice � the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work whether or not the Work is fabricated, installed or completed. � � , , � 9.4 SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS- In connection with Engineer's authority as to Shop Drawings and Samples, see articles on Shop Drawings and Samples. In connection with Engineer's authority as to Change Orders, see the articles on Changes of Work, Contract Price and Contract Time. In connection with Engineer's authority as to Applications for Payment, see the articles on Payments to Contractor and Completion. 9.5 DECISIONS ON DISPUTES- Engineer will be the initial interpreter of the requirernents of the Contract Documents and judge of the acceptability of the work thereunder. Claims, disputes and other matters relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the work and Claims under the Articles for Changes of Work, Changes of Contract Tirne and Changes of Contract Price will be refened initially to Engineer in writing with a request for a formal decision in � accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to �ngineer and the other party to the Agreement promptly (but , in no event laCer than thirty days) after the start of the occunence or event giving risethereto, and written supporting data will be submitted to Engineer and the other partywithin sixty days after the�start of such occurrence or event unless Engmeer allows an additional penod of time , for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to Engineer and the claimant within thirty days after receipt of the claimant's last submittal (unless Engineer allows � additional time). Engineer will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. Engineer's written decision on such claim, dispute or other matter will be iinal and binding upon Owner , and Contractor unless (i) an appeal from Engineer's decision is taken within thirty days of the Engineers decision, or the appeal time which may be stated in a Dispute Resolution Agreement between the Owner and Contractor for the settlement of disputes or (ii) if no such Dispute � Resolution Agreement has been entered into, a written notice of intention to appeal from Engineer's written decision is delivered by Owner or Contractor to the other and to Engineer within thirty days after the date of such decision and a formal proceeding is instituted by the � appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless , otherwise agreed in writing by Owner and Contractor. � Seetion III � — 21 L'�DOC100083�00083011.00�Prjspecs�Sect3.wpd 9.5 DECISIONS ON DISPUTES CONTINUED: When functioning as interpreter and judge, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by Engineer with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by Owner or Contractor of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant the Article on Dispute Resolution. 9.6 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES - Neither Engineer's authority or responsibility under this paragraph or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by Engineer shall create, impose or give rise to any duty owed by Engineer to Contractor, any Subcontractor, any Supplier, any other person or organization or to any surety for or employee or agent of any of them. Engineer will not supervise, direct, control or have authority over or be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the furnishing or performance of the work. Engineer will not be responsible for Contractor's failure to perform or furnish the work in accordance with the Contract Documents. Engineer will not be responsible for the acts or omissions of Contractor or of any ` Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the work. � � � � � �' � Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by the Contractor will only be to determine generally that their content complies with the requirements of the Contract Documents and, in the case of certiiicates of inspections, tests and approvals that the results certiiied indicate compliance with the Contract Documents. The limitations upon authority and responsibility set forth in this pazagraph shall also apply to Engineer's Consultants and assistants. 10. CHANGES IN THE WORK: Without invalidating the Agreement and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as may otherwise be specifically provided). � Seetion III � — 22 J:�DOC100083�W083011.00�Prjspecs�Sect3.wpd 10. CHANGES IN THE WORK CONTINUED: If Owner and Contractor aze unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Time that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in these General Conditions. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in these General Conditions except in the case of an emergency as provided or in the case of uncovering work as provided in article for Uncovering Work. Owner and Contractor shall execute appropriate Change Orders or Written Amendments recommended by Engineer covering: Changes in the work which are (i) ordered by Owner (ii) required because of acceptance of defective work under the article for Acceptance of Defective Work or correcting defective Work under the article for Owner May Correct Defective Work or (iii) agreed to by the parties; Changes in the Contract Price or Contract Time which are agreed to by the parties; and changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by Engineer pursuant to the article for Decisions on Disputes; Provided that, in lieu of executing any such Change �Order, an appeal may be taken • from, any° such decision in accordance with the provisions of ttre Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the progress schedule as provided in the article for Continuing the Work. - If notice of any change affecting the general scope of the° work or the provisions of the � Contract Documents (including, but not limited to, Contract Price or Contract Time) is required .by the provisions of any Bond to be given to a surety, the giving of any such notice will be Contractor's responsibility, and the amount of each applicable Bond will be adjusted � � � � � � accordingly. 11. CHANGES IN THE CONTRACT PRICE: 11.1 CHANGES IN THE CONTRACT PRICE- The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at Contractor's expense without change in the Contract Price. The Contract Price may only be adjusted by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on a written notice of claim stating the general nature of the claim, to be delivered by the party making the claim to the other party and to Engineer promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim. Notice of the amount of the claim with supporting data Seetion III III - 23 1:�DOC,100083�00083011.00�PrjspecslSect3.wpd 11.1 CHANGES IN THE CONTRACT CONTINUED: shall be delivered within sixty days after the start of such occurrence or event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the claimed adjustment covers all known amounts to which the claimant is entitled as a result of said occurrence or event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: (i) where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved, (ii) where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and proiit), (iii) where the Work is not covered by unit prices contained in the Contract Documents and agreement is reached to establish unit prices for the Work. 11.2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT- It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to Owner and Engineer. Contractor agrees that: (i) the allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable ta�ces; and (ii) Contractor's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances � and all the Work actually performed by the Contractor, and the Contract Price shall be � correspondingly adjusted. 11. 3 UNIT PRICE WORK- Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all " Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guazanteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifcations of Unit Price Work performed by Contractor will be made by Engineer. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Owner or Contractor may make a claim for an adjustment in the Contract Price if: (i) the quantity of any item of Unit Price Work performed by Contractor differs materially and signiiicantly from the estimated quantity of such item indicated in the Contract Documents; and (ii) there is no corresponding adjustment with respect to any other item of Work; and (iii) if Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incuned additional expense or Owner believes that Owner , Seetion III �Q — 24 J:�DO(.100083\00083011.00�Prjspecs�Sec[3.wpd � � 11.3 UNIT PRICE WORK CONTINUED: is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. On unit price contracts, the Owner endeavors to provide adequate unit quantities to satisfactorily complete the construction of the project. It is expected that in the normal course of project construction and completion that not all unit quantities will be used in their entirety and that a finalizing change order which adjusts contract unit quantities to those unit quantities actually used in the construction of the project will result in a net decrease from the original Contract Price. Such reasonable deduction of final Contract Price should be anticipated by the Contractor in his original bid. 12. CHANGES IN THE CONTRACT TIME: The Contract Time (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustmenE of the Contract Time (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to Engineer promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless Engineer allows an additional period of time to ascertain more aceurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the clairnant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time (or Milestones) shall be determined by Engineer. No claim for a� adjustment in the Contract Time (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph. All time limits stated in the Contract Documents aze of the essence of the Agreement. Where Contractor is prevented from completing any part of the work within the Contract Time (or Milestones) due to delay beyond the control of Contractor, the Contract Time (or Milestones) may be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in the article for Changes in the Work. Delays beyond the control of Contractor shall include, but not be limited to, acts by Owner, acts of utility owners or other contractors performing other work as contemplated by the article for Other Work, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. Where Contractor is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both Owner and Contractor, an extension of the Contract Time (or Milestones) in an amount equal to the time lost due to such delay shall be Contractor's sole and exclusive remedy for such delay. In no event shall Owner be liable to Contractor, any Subcontractor, any Supplier, any other person, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of Contractor, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts by utility owners or other contractors performing other work as contemplated by paragraph for Other Work. � Seetion III � — 25 J:�DOQ00063�00083011.00�PryspecslSect3.wpd �' I� 'u � �� 13. TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK: 13.1 TESTS AND INSPECTION - Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents or perform these testing services with the Owner's andlor Engineer's staff except for inspections, tests or approvals as otherwise provided in the Contract Documents. The costs for these inspections, tests or approvals shall be borne by the Owner except as otherwise provided in the Contract Documents. If Laws or Regulations of any pubTic body having jurisdiction require any Work (or part , thereo fl speciiically to be inspected, tested or approved by an employee or other representative of such public body including all City Building Departments and City Utility Departments, � Contractor shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. Unless otherwise stated in the Contract Documents, City ,� permit and impact fees will be waived. Contractor shall also be responsible for ananging and ��' obtaining and shall pay all costs in connection with any inspections, tests or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the � Work, or of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation of the Work. If any Work (or the work of others) that is to be inspected tested or approved is covered by Contractor without written concurrence � Engineer, it must, if requested by Engineer, be uncovered for observation. Uncovering Work as provided in this paragraph shall be at Contract's expense unless Contractor has given Engineer timely notiee of Contractor's intention to cover the same and Engineer has not acted � with reasonable promptness in response to such notice. � 13.2 UNCOVERING THE WORK- If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. � � � If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose or otherwise make available for observation, inspection or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price for the costs of the investigation, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in the article for Change in Contract Price. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time (or � Section III � — 26 J:�DOC100083\000830I1.00�Prjspecs�Sect3.wpd , I� I� I� 13.2 UNCOVERING THE WORK CONTINUED: Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, Contractor may make a claim therefor as provided the article for Change in Contract Price and Change of Contract Time. 13.3 ENGINEER MAY STOP THE WORK- If the Work is defective, or Contractor fails � to supply sufiicient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Engineer may order Contractor to stop the Work, or any portion thereof, until the � cause for such order has been eliminated; however, this right of Engineer to stop the Work shall not give rise to any duty on the part of Engineer or Owner to exercise this right for the bene�t of Contractor or any surety or other party. If the Engineer stops Work under this � paragraph, Contractor shall be entitled to no extension of Contract Time or increase in Contract Price. � � l___! � � 13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK - If required by Engineer, Contractor shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by Engineer, remove it from the site and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.5 WARRANTY/GORRECTION PERIOD- If within one year - after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guazantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions; (i) correct such defective Work, or, if it has been rejected by Owner, remove it from the site and repl'ace it with Work that is not defective and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work conected or the rejected. Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. In special circumstances where a particulaz item of equipment is placed in continuous service before Final Completion of all the Work, the correction period for that item may start to run from an earlier date if specifically and expressly so provided in the Specifications or by Written Amendment. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph the correction period hereunder with respect to such Work will be extended for an additional period of one year after such conection or removal and replacement has been satisfactorily completed. Section III III - 27 1:�DOC1p0p83\OOOg3011.00�Prjspecs�Sect3.wpd 13.6 ACCEPTANCE OF DEFECTIVE WORK- If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses and damages attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness). If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may make a claim therefor as provided in article for Change of Contract Price. If the acceptance occurs after the Engineer's recommendation for final payment an appropriate amount will be paid by Contractor to Owner. 13.7 OWNER MAY CORRECT DEFECTIVE WORK- ff Contractor fails within a � reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with the article for Correction and Removal of Defective Work or if Contractor fails to perform the Work in accordance with � the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days' written notice to Contractor, correct and remedy any such deiiciency. In exercising the rights and remedies under this paragraph Owner � shall proceed expeditiously. In connection with such corrective and remedial action, Owner � may exclude Contractor from all or part of the site, take possession of all or part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, � appliances, construction equipment and machinery at the site, and incocporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and � employees, Owner's other contractors, and Engineer and Engineer's Consultants access to the site to enable Owner to exercise the rights and remedies under this paragraph. All claims, � = :_ costs, losses and damages incuned or sustained by Owner in exercising such rights and remedies will be charged against Contractor and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall � be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may make a claim therefor as provided in the article for Change of Contract Price. Such claims, costs, losses and damages will include but not be � limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time (or Milestones) because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies � hereunder. � � � 14. PAYMENTS TO CONTRACTOR AND COMPLETION Progress payments on account of Unit Price Work will be based on the number of units completed. 14.1 APPLICATION FOR PROGRESS PAYMENT - Contractor shall submit (not more often than once a month) to Engineer for review an Application for Payment filled out and Section III � — 2g 1:�DOC100083�0008301I.00�PrjspecslSect3.wpd 14.1 APPLICATION FOR PROGRESS PAYMENT: signed by Contractor covering the Work completed as of the 25th of each month and accompanied by such supporting documentation as is required by the Engineer and the Contract Documents. Unless otherwise stated in the Contract Documents, payment will not be made for materials and equipment not incorporated in the Work. Payment will only be made for that portion of the Work which is fully installed including all materials, labor and equipment. A retainage of not less than five (5%) of the amount of each Application for Payment for the total of all Work completed to date will be held until final completion and acceptance of the Work covered in the Contract Documents. No progress payment shall be construed to be acceptance of any portion of the Work under contract. 14.1 APPLICATION FOR PROGRESS PAYMENT CONTINUED- In addition to all other payment provisions set out in this contract, the Engineer may require the Contractor to produce for the Owner, within fifteen days of the approval of any progress payment, evidence and/or payment affidavit that all subcontractors and suppliers have been paid any sum or sums then due. A failure on the part of the contractor to provide the report as required herein shall result in further progress or partial payments being withheld until the report is provided. 14.2 CONTRACTOR'S WARRANTY OF TITLE- Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment, free and clear of liens. No materials or supplies for the Work shall be purchased by Contractor or Subcontractor subject to any chattel mortgage or under a conditional sale contact or other agreement by which an interest is retained by the seller. Contractor warrants that he - has good title to all materials and supplies used by hirn in the Work, free from all liens, claims � or encumbrances. Contractor shall indemnify and save Owner harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, material men, and furnisher's of machinery and parts thereof, equipment, power tools, and all supplies incurred in the furtherance of the performance of this Contract. Contractor shall at Owner's . request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If Contractor fails to do so, then Owner may, after having served written notice on said Contractor either pay unpaid bills, of which Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably suf�cient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to Contractor shall be resumed in aceordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon Owner to the Contractor or the Surety. In paying any unpaid bills of the Contractor, Owner shall be deemed the agent of Contractor and any payment so made by Owner shall be considered as payment made under the Contract by Owner to Contractor, and Owner shall not be liable to Contractor for any such payment made in good faith. 14.3 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS- Engineer will within twenty days after receipt of each Application for payment, either indicate a recommendation of payment and present Application to Owner, or return the Application to Contractor indicating Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. Engineer � Seetion III III - 29 J:�DOC100083\00083011.00\Prjspecs\Sect3.wpd i� I� 14.3 REVIEW OF APPLICATION FOR PROGRESS PAYMENTS CONTINUED: may refuse to recommend the whole or any part of any payment to the Owner. Engineer may � also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or test, nullify any such payment previously recommended, to such extent as may be necessary in Engineer's opinion to protect Owner from � loss because: (i) the Work is defective, or completed Work has been damaged requiring correction or replacement, (ii) the Contract Price has been reduced by amendment or Change � Order, (iii) Owner has been required to correct defective Work or complete Work, or (iv) Engineer has actual knowledge of the occurrence of any of the events enumerated in the article on Suspension of Work and Termination. I� I� I� � '� �� I � I � I � I� � � � Owner may refuse to make payment of the full amount recommended by the Engineer because: (i) claims have been made against Owner on account of Contractor's performance or furnishing of the Work, (ii) Liens have been filed in connection with the Work, except where Contractor has delivered a speci�c Bond satisfactory to Owner to secure the satisfaction and dischazge of such Liens, (iii) there are other items entitling Owner to a set-off against the amount recommended, or (iv) Owner has actual knowledge of any of the events described in this paragraph. The Owner shall give Contractor immediate notice of refusal to pay with a copy to the Engineer, stating the reasons for such actions, and the Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 14.4 PARTIAL UTILIZATION- Use by Owner at Owner's option of any subsfantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) Owner, Engineer and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, may be accomplished prior to Final Completion of all the Work subject to the following: _� Owner at any time may request Contractor in writing to permit Owner to use any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of the articles for Substantial Completion and Partial Utilization will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. � Section III III - 30 1:�D0(.100083\0008301I.00\Prjspecs\Sect3.w� 14.5 FINAL INSPECTION- Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.6 FINAL APPLICATION FOR PAYMENT- After Contractor has completed all such corrections to the satisfaction of Engineer and has delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance required by the paragraph for Bonds and Insurance, ceRificates of inspection, marked-up record documents as may be required in the Contract Documents and other documents, Contractor may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (n all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by paragraph for Bonds and Insurance, (ii) consent of the surety, if any or if necessary, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by Owner, Contractor may furnish receipts or releases in full and an afiidavit of Contractor that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be iiled, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. Prior to application for iinal payment, Contractor shall clean and remove from the premises all surplus and discarded materials, rubbish, and temporary structures, and shall restore in an acceptable manner a11 property, both public and private, which has been_ damaged during the prosecution of the Work, and shall leave the Work in a neat and presentable condition. 14.7 FINAL PAYMENT AND ACCEPTANCE- If through no fault of Contractor, final completion of the Work is significantly delayed and if Engineer so coniirms, Owner shall, upon receipt of Contractor's final Application for payment and recommendation of Engineer, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in pazagraph for Bonds and Insurance, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that such payment shall not constitute a waiver of claims. If on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, Engineer is satisfied that the Work has been Section III III - 31 J:�DO(.100083\00083011.00�Prjspecs\Sect3.wpd i� I� 14.7 FINAL PAYMENT AND ACCEPTANCE CONTINUED: completed and Contractor's other obligations under the Contract Documents have been � fulfilled, Engineer will indicate in writing his recommendation of payment and present the Application to Owner for payment. Thereupon Engineer will give written notice to Owner and � Contractor that the Work is acceptable subject to the provisions of this article. Otherwise, Engineer will return the Application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary � corrections and resubmit the Application. If the Application and accompanying documentation are appropriate as to form and substance, Owner shall, within sixty-five days after receipt thereof pay contractor the amount recommended by Engineer. 14.8 WAIVER OF CLAIMS- The making and acceptance of final payment will constitute: a waiver of all claims by Owner against Contractor, except claims azising from unsettled Liens, from defective Work appearing after final inspection, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and a waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. 15. SUSPENSION OF WORK AND TERMINATION: 15.1 OWNER MAY SUSPEND THE WORK- At any time and without cause, Engineer may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to Contractor which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor: shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes an approved claim therefor as provided in the articles for Change of Contract Price and Change of Contract Time. 15.2 OWNER MAY TERMINATE- Upon the occurrence of any one or more of the following events; if Contractor persistently fails to perform the work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule as adjusted from time to time): If Contractor disregazds Laws and Regulations of any public body having jurisdiction; If Contractor disregards the authority of Engineer; If the Contractor otherwise violates in any substantial way any provisions of the Contract Documents. if the Work to be done under this Contract is abandoned, or if this Contract or any part thereof is sublet, without the previous written consent of Owner, or if the Contract or any claim thereunder is assigned by Contractor otherwise than as herein specified, or at any time � SeCt1011 � � - 32 J:�DOC1000 8 310 00 8 3 0 1 1.00�Prjspecs�Sect3.wpd 15.2 OWNER MAY TERMINATE CONTINUED: Engineer certifies in writing to Owner that the rate of progress of the Work or any part thereof is unsatisfactory or that the work or any part thereof is unnecessarily or unreasonably delayed. Owner may, after giving Contractor (and the surety, if any), seven days' written notice and, to the extent permitted by Laws and Regulations, terminate the services of Contractor, exclude Contractor from the site and take possession of the Work and of all Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by Owner arising out of or resulting from completing the Work such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses and damages incuned by Owner will be reviewed by Engineer as to their reasonableness and when so approved by Engineer incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph Owner shall not be required to obtain the lowest price for the Work performed. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. � Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, elect to terminate the Agreement. In such case, Contractor shall be paid (without duplication of any items): for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of temunation, including fair and reasonable sums for overhead and profit on such Work; For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; For all claims, costs, losses and damages incurred in settlement of terminated contracts � with Subcontractors, Suppliers and others; and for reasonable expenses directly attributable to termination. � � Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. Seetion III III - 33 J:�DOC100083\00083011.001Prjspecs�Sec[3.wpd � � � I� � � � � I� �--, ` � u � � �� � I� � � 15.3 CONTRACTOR MAY STOP WORK OR TERMINATE- If, through, no act or fault of Contractor, the Work is suspended for a period of more than ninety days by Owner or under an order of court or other public authority, or Engineer fails to act on any Application for Payment within sixty days after it is submitted or Owner fails for sixty days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days' written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Agreement and recover from Owner payment on the same terms as provided in the article for Owner May Terminate. However, if the Work is suspended under an order of court through no fault of the Owner, the Contractor shall not be entitled to payment except as the Court may direct. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within thirty days after it is submitted, or Owner has failed for thirty days to pay Contractor any sum finally determined to be due, Contractor may upon seven day's written notice to Owner and Engineer stop the Work until payment of all such amounts due Contractor. The provisions of this article are not intended to prelude Contractor from making claim under paragraphs for Change of Contract Price or Change of Contract Time or otherwise for expenses or damage directly attributable to Contractor's stopping Work as permitted by this article. 16. DISPUTE RESOLUTION: If and to the extent that Owner and Contractor have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure will proceed. If no such agreement on the method and procedure for resolving such disputes has been reached, subject to the,provisions of the article for Decisions on Disputes, Owner and Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute provided, however, that not thing herein shall require a dispute to be submitted to binding arbitration. � 17. MISCELLANEOUS: 17.1 SUBMITTAL AND DOCUMENT FORMS- The form of all submittals, notices, change orders and other documents permitted or required to be used or transmitted under the Contract Documents shall be determined by the Engineer subject to the approval of the Owner. 17.2 GIVING NOTICE- Whenever any provision of the Contract Documents requires the giving of written notice, notice will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.3 NOTICE OF CLAIM- Should Owner or Contractor suffer injury or damage to person or property because of any error, omission or any act of the other party or of any of the other party's officers, employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other paRy within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph shall not be construed � Section IlI III - 34 J:�DOC100083�OW83011.00�Prjspecs\Sect3.w� 17.3 NOTICE OF CLAIM CONTINUED: as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED- Whenever reference is made to "claims, costs, losses and damages," the phrase shall include in each case, but not be limited to, all fees and charges of engineers, azchitects, attorneys and other professionals and a11 court or other dispute resolution costs. 17.5 ASSIGNMENT OF CONTRACT- The Contractor shall not assign this contract or any part thereof or any rights thereunder without the approval of the Owner, nor without the consent of surety unless the surety has waived its rights to notice of assignment. � Section III � — 35 J:1DOC10pOg3\00083011.00�Pry'specs�Sect3.wpd SECTION IV SECTION IV TABLE OF CONTENTS TECHNICAL SPECIFICATIONS ALLEN'S CREEK Asphaltic Concrete - Type PC-1, PG2 or PC-3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Bedding Material - Crushed Stone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Bridge Structure - Steel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Clearing and Grubbing ............................................ 8 Concrete - Class I, II, III or IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Conerete Structures - Class I, II, III or IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 End Sections, Flared and Mitered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Excavation ........................................... 13 Fill Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Floating Turbidity Barrier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Grading........................................... 18 Inlets, Manholes and Junction Boxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 1Vlaintenance of Traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 1Vlaterial Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Testing Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Miscellaneous Allowance, Contingency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Mobilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Office for the Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Piling, Furnished and Driven (Precast Conc), Splices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Pipe Culvert - Concrete, Round . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Pipe Culvert - Concrete, Elliptical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Pipe Handrail ......................................... . 34 Rip-Rap, Graded ........................................... 35 Roadway Base - Limerock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Seecling and Mulching . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Sidewalk - Concrete . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Signs - Project Icienti�cation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Slope Paving - Cellular Confinement System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Slope Paving - Interlocking Block Mat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Sodding - Including Water and Fertilizer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Stabilization - Type B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Staked Silt Barrier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Stockpile Site Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Survey Control ............................................ 57 Wheel Stops, Concrete . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Award of Contract and Work Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 � .SeCt10I] IV 1:�DOC�00083\000830II.00�Prjspecs\Tspecl.wpd � I� ASPHALTIC CONCRETE Type PC-1, PC-2, or PC-3 � The work specified under this Section consists of the construction of asphaltic concrete surface course, asphaltic concrete base course, and temporary roadways, sidewalk and other asphaltic concrete facilities, utilizing Asphaltic Concrete Type PG1, PC-2, or PC-3, in accordance with the � applicable provisions of the Pinellas County, Florida, Specifications for Hot Bituminous Mixtures, Plant Methods, Equipment and Construction Methods, current edition. � � � The work specified under this Section includes the furnishing of material for, and the application of, all required tack coats. Asphaltic concrete surface course shall be constructed in conformity with the lines, grades, notes and typical cross sections shown on the Plans, and as directed by the Engineer. Asphaltic concrete base course shall be constructed on prepared subgrade in conformity with the lines, grades, notes and typieal cross sections shown on the Plans, and as directed by the Engineer. PAYMENT � a. The work specified under this Section shall be paid for under the pay items for � Asphaltic Concrete, Type PC-1, PC-2, or PC-3. PAY QUANTITY a. Wheri tfie quantity for a pay item under this Section is shown in the Schedule of Prices to be paid for per square yard, the pay quantity shall be the number of square yards of Asphaltic Concrete, Type PC-1, PC-2, or PC-3, at the thickness specified in the applicable pay item, actually placed and accepted. b. When the quantity for a pay itern under this Section is shown in the Schedule of Prices to be paid for per ton, the pay quantity shall be the number of tons of Asphaltic Concrete, Type PC-1, PC-2, or PC-3, actually placed and accepted. c. When the quantity for a pay item under this Section is to be paid for per ton, the weight of the mixture shall be determined from batch weights, truck scale weights, or other methods approved by the Engineer. Delivery tickets, in duplicate, signed by a sworn weigher, shall accompany each load of material, and both copies shall be signed by the Engineering Inspector assigned to the project. One copy of the delivery ticket shall be retained by the Contractor, and one copy shall be delivered to the Engineering Inspector. The total number of tons reflected in one set of all delivery tickets signed by the Inspector shall be the measured pay quantity. � Seetion N �-1 J:�DO(.100083\00083011.00�Prjspecs\Tspecl.wpd BASIS OF PAYMENT a. The work speci�ed under this Section shall be paid for at the contract price per square yard or per ton, according to which ever is specified in the Schedule of Prices. r Section N �-2 J:�DOC,1000 8 31000 8 3 0 1 1.00�PrjspecslTspecl.wpd �J I� I� I� BEDDING MATERIAL Crushed Stone The work specified under this Section consists of the furnishing and placement of crushed stone as bedding and backfill material for concrete pipe culvert, concrete box culverts, sanitary sewer pipe, manholes, water main and drainage structures unless Bedding Material is included under other pay items. The crushed stone used under this Section shall be of the Size #57 in accordance with the table � Standard Sizes of Coarse Aggregate contained in Section 901-1.4 of the Florida Department of Transportation (FDOT) Standard Specifications, and shall be placed to a minimum depth of six inches and to a minimum width of one foot outside the exterior walls of the structure or culvert � unless otherwise directed by the Engineer. I� The work specified under this Section shall include all labor, materials and equipment necessary for the placement of the bedding material. I� PAYIVIENT I� a. The work speci�ed under this Section shall be paid for under the pay items for Bedding Material, Crushed Stone. PAY QUANTITY a. The pay quantity for work specified under this Section shall be the number of tons of Bedding Material, Crushed Stone, of the various sizes specified, actually placed and aecepted. b. The tonnage to be paid for shall be determined from batch weights, truck scale weights, or other methods approved by the Engineer. Delivery tickets, in duplicate, signed by a sworn weigher, shall accompany each load of material, and both copies sha11 be signed by the Engineering Inspector assigned to the project. One copy of the delivery ticket sha1T be retained by the Contractor, and one copy shall be delivered to the Engineering Inspector. The total number of tons reflected in one set of all delivery tickets signed by the Inspector shall be the measured pay quantity. BASIS OF PAYMENT � a. � � The quantity deternuned as speciiied above, shall be paid for at the contract price per to n. � Seetion N N-3 J:�DOC�00p83�00083011.00�Prjspecs\Tspecl.wpd BRIDGE STRUCTURE Steel These specifications are for a fully engineered clear span bridge of welded steel construction in accordance with the lines, grades and elevations as shown in the plans. A minirnum of five years experience in design and fabrication of pedestrian bridges is required. 1.0 2.0 DIMENSIONS 1.1 Width: Inside clear width of bridge: Refer to plans. 1.2 Span: Center to center of bearing of bridge: Refer to plans. Bridges having a difference in bearing elevations shall have the truss verticals perpendicular to the ground, (horizon). 1.3 2.I Camber: Bridge shall be cambered 2°Io of the total span length. DESIGN LOADS In addition to normal dead loads, the bridge shall be designed for the following: Uniform Live Load: Pedestrian bridges shall be designed for an evenly distributed live load of 85 pounds per square foot as required by (AASHTO). � 2.2 Vehicle Load: Bridges will also be designed to withstand a moving concentrated load equal to 1000 pounds per foot of width plus 30% for impact loading. This concentrated load is in addition to a 20 pounds per square foot evenly distributed live load. 2.3 Wind Load: All bridges shall be designed for a minimum wind load of 30 pounds per square foot (approximately 120 mph). The wind is calculated� on the entire vertical surface of the bridge as if fully enclosed. 2.4 Design Criteria: The design of the bridge shall be in accordance with the "American Institute of Steel Construction"; "Allowable Stress Design", June 1, 1989 or latest edition. 2.5 Temperature: Bridge shall be designed to accommodate a temperature differential of 120 degrees Fahrenheit. Slip pads of UHMW polyethylene shall be placed between the smooth surface of this setting plate and the smooth bearing plate of the bridge. At least 1" clearance shall be provided between the bridge and concrete abutments. 3.0 MATERIALS � Seetion IV IV-4 J:�DOC100083Up083011.00�Prjspecs\Tspecl.wpd 3.1 All structural members shall have a minimum thickness of material of at least 3/16". 3.2 ■ Unpainted Weathering Steel bridges shall be fabricated from ASTM A242 or ASTNI A588 steel for plates and structural shapes and ASTM A606 or ASTM A847 for tubular sections. Minimum yield (Fy) shall be greater than 50,000 psi. � � � � � � � 4.0 � � 3.3 3.4 O Painted Steel bridges shall be fabricated from ASTM A572, (Fy) greater than 50,000 psi and tubular sections from ASTM A500, (Fy) greater than 46,000 psi. Flooring type: ❑ Wood Decking shall be No. 1 grade Southern Yellow Pine. Wood decking shall be treated to a minimum of .40 pounds of preservative per cubic foot of wood. The wood deck shall be designed for a 100 psf local loading condition. Floor planks shall be attached with at least two plated fasteners where planks cross supporting members. ❑ Planks shall be nominal2" x 10" for bridges less than 8' wide. ❑ Planks shall be nominal 3" x 8" for bridges 8' wide and over. ❑ Planks shall be nominal2" x 4" nail-laminated to produce a 4" floor. ■ Concrete Floors shall be completely formed by the bridge manufacturer with a minimum of 22 gauge galvanized composite floor deck. The floor deck shall be manufactured by a member of the Steel Deck Institute or have their deck properties certified by the Steel Deck Institute. The composite slab shall carry a 200 pounds per square foot superimposed live load. The pouring and finishing of 4000 psi lightweight concrete (no additives allowed) and the furnishing of the wire mesh temperature reinforcement shall be the responsibility of the contractor or owner. ❑ Special Floor Deck such as ❑ steel grating, ❑ expanded metal, o asphalt covering, or ❑ steel floor plate are available on request. Field splices shall be bolted with High Strength ASTM A325 or ASTM A490 bolts; type 3 bolts are required for weathering steel bridges. 3.5 Welding materials shall be in strict accordance with the American Welding Society (AWS). Structural welding code, D1.1. Filler metal as speciiied in 4.1 shall be used for the particular welding process required. Welders will be certified in accordance with AWS D1.1. � � FABRICATION Workmanship, fabrication, and shop connections shall be in accordance with American Association of State Highway and Transportation Officials Specifications (AASHTO). Welding operators shall be properly accredited experienced operators, each of whom � Seetion N N-5 1:�D0C100083\00083011.00�Prjspecs\Tspecl.wpd 5.0 4.3 shall submit satisfactory evidence of experience and skill in welding structural steel with the kind of welding to be used in the work, and who have demonstrated the ability to make uniform good welds meeting the size and type of weld required. All welding shall utilize E70 or E80 series electrodes. RAILINGS & ACCESSORIES 5.1 All railings shall have a smooth inside surface with no protrusions or depressions. In accordance with AASHTO, railings for ❑ pedestrian use should be a minimum of 42" above the floor deck. Where � bicycle use is expected a minimum height of 54" above the floor is required. All ends of angles and tubes shall be closed and ground smooth. 5.2 � 53 5.4 � � � 6.0 � Safety Rails: Continuous rails shall be located on the inside of the trusses. The rails will be: o Horizontal safety rails with a maximum opening of inches. ❑ Vertical picket rails with a maximum opening of inches. ❑ Toe Plate: A 5" steel channel shall be located 2" above the floor deck. ❑. Fencing: Wire mesh enclosures are available, factory installed on both sides and the top, to meet AASHTO requirements for highway overpasses. - ❑ Galvanized wire mesh with a maximum opening of _ �❑ Vinyl coated wire mesh with a maximum opening of FINISHES inches. inches. 6.1 All boldly exposed surfaces of weathering steel bridges shall be sand blasted in , accordance with the Steel Structures Painting Council (SSPC) Surface Preparation Specification No. 6"Commercial Blast Cleaning". L� � I� , 6.2 Painted bridges shall be sand blasted in accordance with SSPC SPC-6. The bridge will be painted with one coat of primer and two coats of superior grade of a rust-inhibitive enamel prior to the installation of the floor. Bridges shall be provided with paint for touch up after erection. 7.0 DELIVERY AND ERECTION 7.1 Bridges will be delivered by truck to a location nearest to the site accessible by roads. Hauling permits and freight charges are the responsibility of the manufacturer. 7.2 The manufacturer will notify the contractor in advance of the expected arrival time. � Information regarding delays after the trucks depart the plant such as inclement weather, delays in permits, re-routing by public agencies or other circumstances will be passed on � Seetion IV N-6 1:�DOC100083�00083011.00�Prjspecs\Tspecl.wpd � m to the contractor as soon as possible but the expense of such unavoidable delays will not be accepted by the manufacturer. 7.3 The manufacturer will advise the contractor of the actual lifting weights, attachment points and all neeessary information to install the bridge. Unloading, splicing, bolting, and proper lifting equipment is the responsibility of the contractor. 7.4 The contractor sha11 install the anchor bolts in accordance with the manufacturer's anchor bolt spacing dimensions. 8.0 WARRANTY 8.1 The manufacturer shall provide a warranty against defects in material and workmanship for a period of ten years. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Bridge Structure, Steel. PAY QUANTITY a. The pay quantity for the work specified under this Section shall be the number Each for Bridge Structure, Steel which shall include all work and materials described and specified herein. BASIS OF PAYMENT a. The work speci�ed under this Section shall be paid for at the contract price per Each. Seetion IV IV-7 1:�DOC100083�00083011.00�Pryspecs\Tspecl.wpd � � � CLEARING AND GRUBBING The work speciiied under this Section consists of the cleazing and preparation of sites for proposed construction, in accordance with the requirements of Section 110 of the Florida Department of Transportation (FDOT) Standard Specif cations, except as amended herein. The work specified under this Section sha11 include the removal and disposal of all trees indicated � on the plans to be removed, or as directed by the Engineer, the removal and disposal of all brush, stumps, roots, rubbish and debris, and all obstructions resting on or protruding through the surface of the existing ground and the surface of excavated areas, the removal and disposal of all existing � facilities indicated on the Plans to be removed or as directed by the Engineer, and the removal and disposal of all buildings, pavement, pipe, rubble, structures, appurtenances, utilities and other � facilities within the construction limits necessary to prepare the area for the proposed construction, unless it is indicated specifically on the Plans that such work is to be performed by others. �I , � u � All buildings, structures, utilities and other obstructions indicated on the Plans to remain shall be carefully protected against displacement or damage. Except as otherwise provided for in these Specifications, the work to be performed under this Section shall also include the elearing and grubbing necessary for the excavation of detention ponds, borrow pits, and the like, and the clearing and grubbing necessary for the construction of designated haul routes. Any required permitting and coordination shall be the responsibility of the contractor prior to any clearing activities. This shall inciude all necessary tree permits. Ineluded under this Section shall be the removal and disposal of all product and debris except that which is to be salvaged or which is required to complete the construction of the project. The Contractor shall protect trees to be left standing against damage, including unnecessary cutting, � breaking or skinning of the roots, skinning and bruising of the bark, and smothering of trees by stockpiled construetion materials or excavated materials within the drip line. The Contractor shaTl � provide temporary earth-retaining structures, fences, barricades, and guards as required for the protection of trees to be left standing. � � � � � Trees to be left standing that are damaged by construction operations shall be repaired or replaced at no additional cost to the Owner. Tree repair shall be performed by a qualified tree surgeon. Whenever it is necessary to cut for removal large roots of trees to be preserved, the roots to be cut shall be cleaned prior to cutting, cut with a saw or axe, and the wounds painted with "Tree-Kote" or other approved asphalt-base wound dressing prior to backiilling. A tree removal permit will be required prior to the removal of any trees. All trees and landscaping Section N N—g I:�DOC100083�000830II.00�Prjspecs\Tspul.wpd that is removed as part of this contract, will be replaced in kind, by the Contractor with trees/landscaping of the same species and comparable size. The Contractor shall make his own inspection to determine the character, density and extent of trees, vegetation and other items subject to removal and disposal under these provisions. The attention of the Contractor is directed to the fact that the burning or burial of debris resulting from clearing and grubbing operations will not be permitted unless otherwise noted. Nothing in these provisions shall be construed to authorize the removal or disturbance of any tree or other form of vegetation, or any marine, land or air creature natural habitat, which may be subject to the jurisdiction of regulatory agencies. , All felled timber, roots, brush, logs, rubble, and other items and debris shall be removed from the site and disposed of by the Contractor at no additional cost to the Owner. Costs of all permits and fees for disposal shall be paid by the Contractor. The Contractor shall be responsible for compliance � with all federal, state, and local laws and regulations pertaining to the control of environmental pollution and other regulated praetices in the disposal of cleared and grubbed materials ' I � LJ � �-1 ` , , � � � � � The Contractor shall clear and grub the east cell (approximately 5 acres) to a minimum depth of 12 inches. All surface vegetation shall be removed and disposed of by the Contractor. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Clearing and Grubbing. PAY QUANTITY a. The pay quantity for Clearing and Grubbing shall be the work speciiied under this Section shall be one lump sum quantity which shall inelude all work described and specified herein. BASIS OF PAYMENT a. The work speciiied under this Section shall be paid for at the contract price per lump sum for Clearing and Grubbing. � Seetion IV N-9 JiDOC100083�00083011.00�Pryspecs\Tspecl.wpd CONCRETE Class I, II, III or IV The work specified under this Section consists of the construction of concrete related work. This sha11 include, but shall not be limited to, concrete structures, sidewalks, driveways, curbs, flumes, pipe collars, or other concrete related work as directed by the Engineer, unless otherwise provided for under separate Section of these Specifications. The concrete construction shall conform to the requirements of Section 345, 350 and 522 of the Florida Department of Transportation (FDOT) Standard Specifications, except as amended herein, the details and notes shown on the Plans, and, when speciiied herein or on the Plans, applicable drawings of the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards, current edition. � Concrete pavement not subjected to vehicular traffic or other forces of unusual magnitude shall be constructed to a minimum thickness of four inches. Concrete pavement which will be subjected to vehicular trafiic or other forces of unusual magnitude shall be constructed to a minimum thickness � six inches, and shall be reinforced with reinforcing steel or welded wire fabric, as detailed on the Plans or as approved by the Engineer. � � The work specified under this Section shall include all services and materials required for construction of concrete related work, including forms and falsework, bracing, expansion joint rnaterials, welded wire fabric, reinforcing steel, weep holes, the setting of anchor bolts, dowels and all required clearing and grubbing, excavation, compaction, backf'illin:g and cleanup. � PAYIVIENT � � a. The work specified under this Section shall be paid for under the pay items for Concrete, Class I, II, III or IV and Concrete Curb. PAY QUANTITY a. The pay quantities for the work specified under this Section shall be the number of cubic yards � of Concrete, Class I, II, III or IV or the number of linear feet of Concrete Curb determined by measurement in place actually constructed and accepted. � � � � BASIS OF PAYMENT a. The quantities determined as specified above shall be paid for at the contract price per cubic yards or per linear foot. Seetion N IV—IO 1:�DOG100083�00083011.00�Prjspecs\Tspecl.wPa � I� I� CONCRETESTRUCTURES Class I, II, III or IV The work specified under this Section consists of the construction of concrete structures and other � concrete members, with the exception of concrete pavement and incidental concrete construction, and concrete structures paid for under separate pay items. Unless otherwise specified, concrete structures shall be constructed of concrete of Florida Department of Transportation (FDOT) Class I, II, III or N, according to whichever is shown on the Plans, or in applicable drawings of the Florida Department of Transportation (FDOT) Roadway and Tra�c Design Standards, current edition. Materials and construction methods shall conform to the requirements of Sections 345 and 400 of the Standard Specifications, except as amended herein, and, where specified herein or on the Plans, applicable drawings of the Roadway and Traffic Design Standards, current edition. A surface finish, of the Class speciiied on the plans, or in applicable drawings of the Florida Roadway and Traffic Designs Standards, cunent edition, shall be applied to all exposed surfaces of concrete structures. The work speciiied under this Section shall include all services and materials required for construction of concrete structures, including forms and falsework, bracing, expansion joint material, reinforcing steel, joints, weepholes, bearing pads, the setting of: anchor bolts, dowels and similar accessories, all required clearing and grubbing, excavation, completion and cleanup. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Concrete Structures, Class I, II, III or IV. PAY QUANTITY a. The pay quantities for the work specified under this Section shall be the number of cubic yards of Concrete Structures, Class I, II, III or IV determined by measurement in place actually constructed and accepted. BASIS OF PAYMENT a. The quantities determined as specified above shall be paid for at the contract price per cubic yards. .�eCt1011 � �-1 1 J:�DOC�00p83\00083011.00�Prjspecs\Tspecl.wpd END SECTION Flared and Mitered The work specified under this Section consists of the furnishing and installation of pipe culvert end sections, flared or mitered, in accordance with applicable provisions of Sections 345, 400, 415, and 430 of the Florida Department of Transportation (FDOT) Standard Specification, except as amended herein, all applicable drawings of the Florida Department of Transportation (FDOT) Roadway and Tra�c Design Standards, current edition, and the details and notes shown on the Plans. The work specified under this Section shall include all forms, bracing, concrete, reinforcing steel, grates and other required materials and accessories, all clearing and grubbing, excavation, backfilling, disposal of the surplus material, and any other incidental work required to complete the installation of the end sections to the satisfaction of the Engineer. Ownership of all material shall remain with the Owner until all earthwork requirements for the project have been fuliilled. Except as otherwise provided for in the Plans and Specifications, all surplus material and other items not claimed by the Owner shall become the property of the contractor and shall be disposed of by the Contractor in areas provided by the Contractor. PAYIVIENT a. - The work specified under this Section shall be paid for under the pay items for End Section, Flared and End Section, Mitered! PAY QiJANTITY a. The pay quantities for the work specified under this Section shall be the number each of the types and sized of End Sections specified in the applicable pay items actually constructed and accepted. BASIS OF PAYMENT a. The quantities determined as specified above shall be paid for at the cunent price per each. .SeCt10I] � N—IZ J:�DOC100083�00083011.00�Prjspecs\Tspecl.wpd , � � �J EXCAVATION All work specified under this section shall conform to the requirements of Section 120 of the Florida Department of Transportation (FDOT) Standard Specifications, except as amended herein. The work specified under this Section sha11 include all excavation required for completion of the project including mechanical, mechanical harvester and/or hydraulic, except that excavation work speciiied under other sections of these Specifications, and shall include the excavation and removal of all existing debris, obstructions, structures and utilities encountered during excavation, except where designated on the Plans or Specifications to remain, between the original ground or top of existing pavement and the surface of the completed earthwork, within the limits shown on the Plans. Except as otherwise provided for on the Plans and Specifications, all surplus material shall become the property of the Contractor and shall be disposed of by the Contractor in areas provided by the contractor. All mechanical/hydraulic excavation operations shall be performed in accordance with all applicable permit provisions and conditions. All soil material resulting from dredging activities shall be hauled and disposed of by the Contractor. Boulders, logs or any unforeseen obstacles encountered in excavation shall be removed, and no additional compensation will be allowed because of difficulties met in removing such obstructions. The vegetation in the center cell above and below the water column shall be removed using a mechanical harvester. All extracted vegetation shall be stockpiled azound the perimeter of the center cell for drying out. The south cell can be used for stockpiling if deemed necessary by the Contractor. Spreader swales shall be constructed to allow the water from the extracted material to flow back into the center water body. The Contractor shall strictly adhere to the allowable water table fluctuations • according to the geotechnical report. All stockpiled material shall be allowed to dry and shall be disposed of by the Contractor at no additional cost to the owner. There will be no sepazate payment for unsuitable material. All proposed on-site soil excavation shall be covered under this section regardless of material quality. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Excavation. PAY QUANTITY a. When the quantity for a pay item under this Section is shown in the Schedule of Prices as a lump Seetion N N-13 J:�DOC1000g3\00083011.00�Prjspecs\Tspecl.wpd sum quantity, the pay quantity shall consist of all work described and speciiied herein which may be required in connection with the construction of the project, perf rmed to the satisfaction of the Engineer. b. When the quantity for pay items under this Section is shown in the Schedule of Prices to be paid for per cubic yard, the pay quantity shall be the number of cubic yazds of Excavation, Regular actually accepted by the Engine�r. BASIS OF PAYMENT a. Unless speciiied to be paid for at the lump sum price, the work specified under this Section shall be paid for at the contract price per cubic yard, according to whichever is specified in the Schedule of Prices. Seetion N N-14 ]:�DO(,100083W0083011.00�Prjspecs\Tspecl.wpd FILL MATERIAL The work speciiied under this Section consists of the placement and compaction of fill material for the filling of ditches, channels and the filling of substantial voids and depressions. The work specified under this Section shall not involve the construction of side slopes, or the shaping and dressing of material to neat lines conforming to definite geometric configurations, such as required in the construction of embankment. However, the work specified under this Section shall include the shaping, compaction and dressing of material to the condition required for the placement of ernbankment, pavement, bedding or other material, and where required, to the slopes and tolerances normally associated with final grading operations, such as required for seeding and placement of sod. Material used for fll material shall consist of suitable earthen material acceptable to the Engineer, and shall be placed, compacted and dressed to the lines and grades shown on the Plans, in accordance with applicable requirements of Section 120 of the Florida Department of TranspoRation (FDOT) Standard Specifications, except as amended herein, and the notes and details shown on the Plans. The work specified under this Section shall include the furnishing of all required borrow material. Borrow material shall be furnished from areas provided by the Contractor, and shall be approved by the Engineer prior to placement. Clean fill material obtained from project reTated excavation can be used as fill material under this section. The work specified under this Section shall not include the furnishing or placement of bedding or other select material. PAYlVIENT a. The work specified under this Section shall be paid for under the pay items for Fill Material. LIMITS OF PAYMENT a. Where no other material, such as embankment, pavement, bedding or other select material is to be constructed over fill material, the limits of payment for Fill Material shall extend from the line of contact between Fill Material and original ground or completed excavation to the finished earthwork lines for Fill Material shown on the Plans. b. Where embankment is to be constructed directly over Fill Material, the limits of payment for Fill Section N �—IJ� 1:1DOC100083�00083011.00�Prjspccs\Tspecl.wpd � I� I� I � I � � I� I� � � � , I � � Material shall extend from the line of contact between Fill Material and original ground or completed excavation to the straight line connecting the highest points of original ground to which Fill Material is to be placed. c. Where bedding or other select material is to be constructed directly over Fill Material, the limits of payment for Fill Material shall extend from the line of contact between Fill Material and original ground or completed excavation to the bottom line of bedding or select material, whichever is first encountered. d. Where pavement is to be constructed directly over Fill Material, the limits of payment for Fill Material shall extend from the line of contact between Fill Material and original ground or completed excavation to the bottom line of Stabilization, Base Material or pavement, whichever is first encountered. ESTIMATED QUANTITIES a. All quantities shown on the Plans or the Schedule of Prices shall be the theoretical quantities ealculated, whether provided as information for the Contractor or as the Plan Quantity for pay purposes, with no factor applied for shrinkage, expansion, losses due to clearing and grubbing, or any other consideration. It shall be the responsibility of the Contractor to address the various factors affecting the cost of the completed work, and to include in the unit bid price the cos�s associated with such factors. PAY QUANTITIES a. The pay quantity for work specified under this Section shall be the number of cubic yards of fill material actually constructed, as determined by field measurement of the compacted in-place material, and accepted by the Engineer. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per cubic yard. � Section N �-16 1:�DOC100083�00083011.00�PrjspecslTspecl.wpd i� �� FLOATING TURBIDITY BARRIERS � The work specified under this Section consists of the furnishing and application of Floating Turbidity Barriers and Staked Turbidity Barriers to control erosion in accordance with the notes and details shown on the plans and with the requirements of Section 104 of the Florida Department of , Transportation (FDOT) Standard Specifications, except as amended herein. � The work shall consist of erosion control of permanent water bodies regardless of water depth during the construction thereof, to protect against downstream or lateral accumulations of silt and debris. The barriers shall be placed so as to effectively control silt and debris dispersion under the conditions � present on the project, or any conditions created during construction activities, which might tend to produce erosion or the accumulation of silt and debris. The Contractor shall re-establish, at no additional expense to the Owner, all Turbidity Barriers, or sections thereof, which may become damaged, destroyed or otherwise rendered unsuitable for their intended function during the construction of the project. The work speciiied under this Section shall include the installation, re-establishment and maintenance of all required Turbidity Barriers, all other work required to control effectively the downstream or lateral accumulation of silt and debris, and the removal of all such temporary erosion control faeilities upon completion of the project. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Turbidity Barrier, Floating or Turbidity Barrier, Staked. . PAY QUANTITY a. The pay quantity for work specified under this Section shall be the number of linear feet of Turbidity Barrier, Floating or Turbidity Barrier, Staked actually constructed, as authorized by the Engineer, and maintained to the satisfaction of the Engineer for the duration of the construction period. The estimated quantities may include a contingent quantity for use at such times and location as may be directed by the Engineer. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per linear foot. Section IV IV-17 1:�DOC100083\00083011.00�Prjspecs\Tspecl.wpd � � GRADING All work speciiied under this section shall conform to the requirements of Sections 110 and 120 of the Florida Department of Transportation (FDOT) Standard Specifications, except as amended fierein. Except for that work excluded under other provisions of this Section, and except as provided for under other Sections of these Specifications, the work to be performed under this Section shall consist of all excavation, the furnishing, placement and compaction of all embankment and fill material, all grading of roadway shoulders and ditches, the construction or re-channelization of all ditches and swales, all graded road connections, the shaping or reshaping of slopes, all final dressing, and all other earthwork operations required for the completion of the project. Unless otherwise provided for, all borrow and suitable fill material required for the completion of work performed under this Section and as indicated on the plans shall be furnished by the Contractor from areas provided by the Contractor. When the project includes the construction of Soil Cement Base, the work performed under this Section shall also include the furnishing and compaction of all embankment material required between existing ground and the bottom of the Soil Cement Base. Except as otherwise provided for on the Flans and Specifications, all surplus material shall become the property of the Contractor and shall be disposed of by the Contractor in areas provided by the Contractor. � The contract price for the work to be perforrned under this Section shall not include the cost of all work speciiied under other Sections of these Specifications. The cost thereof is speciiied to be included in the pay items provided for the work specified under those Sections. � PAYMENT � � � , a. The work specified under this Section shall be paid for under the pay items for Grading. PAY QUANTITY a. The pay quantity for work specified under this Section shall be one lump sum quantity which shall include all work described and specified herein. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per lump sum. INLETS, MANHOLES AND JUNCTION BOXES , Section N N—It� 1c�DOC100083�W083011.00�Prjspecs\Tspecl.wpd i� � The work specified under this Section consists of the construction of Inlets, Manholes, Junction � Boxes, Underdrain Inspection Boxes, Shoulder Gutter Inlets, Yard Drains, Back-of-Sidewalk Drains and similar drainage structures, in accordance with the Florida Department of Transportation � (FDOT) Standard Specifications and Florida Department of Transportation (FDOT) Standard Construction Details, except as amended herein. Materials and construction shall conform to the requirements of Sections 425 and 946 of the Standard Specifications, except as amended herein, and � such additional requirements as may be shown on the Plans, applicable drawings of the FDOT "Roadway and Traffic Design Standards, current edition. Grates For Drainage Structures: All grates for drainage structures shall be galvanized steel grates having a diamond, hexagonal or similar reticulin pattern unless otherwise shown on the plans or directed by the Engineer. Additionally, all grates used on drainage structures which can be subjected to vehieulaz trafiic shall be capable of withstanding H-20 and Heavy Duty Loading, and shall be the equivalent of those grates manufactured by U.S. FOUNDRY & MANUFACTURING CORPORATION in its H-20 and Heavy Duty Loading series. The work specified under this Section shall include the furnishing and placement of all concrete, reinforcing steel and accessory items, cast iron and PVC pipe, gratings, frames, covers and any other necessary fittings, and providing plugs and openings in existing structures, as shown on the Plans or as directed by the Engineer, all forms and falsework, all dewatering, excavation, backfilling and compaction azound the structure, all #57 crushed stone bedding material, connection of pipes/culverts, all labor and materials required to restore the work site and affected property and facilities to a condition acceptable to the Engineer, and the disposal of all surplus materials not claimed by the Owner. Unless otherwise provided for in the Contract Documents all materials disposed of by the•Contractor shall be disposed of in areas provided by the Contractor. PAYMENT a. The work specified under this Section shall be paid for under the following pay items: Inlet (types specified), Manhole (types specified), Junction Box (types specified), Inspection Box (types specified), Underdrain (types specified), Inlet (types specified), Shoulder Gutter (types specified), Drain (types specified), Yard Drain (types specified) and Drain (types specified) and Back of Sidewalk (types specified). PAY QUANTITY a. The pay quantity for the work specified under this Section shall be the number each of the structures identified in the applicable pay items, satisfactorily completed and accepted. � Seetion N IV-19 1:�pOC100083\00083011.00�Prjspecs\Tspecl.wpd BASIS OF PAYMENT a. The quantities determined as speciiied above shall be paid for at the contract price per each. Section N �-2� 1:�DOC100p83�00083011.00Wrjspecs\Tspecl.wpd L ] , � I� � � MAINTENANCE OF TRAFFIC The work specified under this Section consists of the maintaining of trafiic within the limits of the project for the duration of the construction period, in accordance with the requirements of Section 102 of the Florida Department of Transportation (FDOT) Standard Specifications, except as amended herein. The road sha11 be kept open to two-way traffic for the duration of the construction period, except that one lane of trafiic will be permitted for short durations of time provided that flagmen are used. The Contractor will not be permitted to isolate residences or places of business. Access shall be provided to all residences and all places of business whenever construction interferes with the existing access. The Contractor shall furnish, erect and maintain all necessary trafiic control and safety devices, in accordance with the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards, applicable edition, and the 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 and the safety of the public for the duration of the construction period. The work speciiied under this Section shall include the furnishing, erection and maintenance of all temporary traffic banicades of whatever type required, and for such duration as may be required by the Engineer, and shall include also all materials and construction necessary for temporary conneetions and driveway maintenance. The applicable edition of the governing documents referenced herein shall be that edition of the respective documents specified on the plans. The contractor shall prepaze and submit Traffic Control Plans for review and approval prior to irnplementation. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Maintenance of Traffic. PAY QUANTITY a. The pay quantity for Maintenance of Traffic shall be one lump sum quantity which shall include all work and materials described and specified herein. � Seetion IV N-21 J:�DOC100083\0008301 LOO�Prjspecs\TsPecl.wpd BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract lump sum price for Maintenance of Traffic. � Section IV N-22 1:�DOC,100083�00083011.00�PrjspecslTspecl.wpd MATERIAL TESTING The work specified under this Section consists of furnishing material testing in accordance with the requirements of the testing table included in these specifications and of the Florida Department of Transportation (FDOT) Standard Specifications, except as amended herein. The Contractor shall obtain the services of an approved Geotechnical Engineer to stipulate the required boring driven depth for the bridge abutments. A summary report shall be submitted with the boring information and recommendations before piles are ordered for the project. The material testing shall be performed by an approved Testing Laboratory acceptable to the Owner. All testing results shall be submitted to the Owner and Engineer. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Material Testing. PAY QUANTITY a. The pay quantity for Material Testing shall be one lump sum quantity which shall include all work and materials described and speciiied herein. BASIS FOR PAYMENT a. The work specifed under this Section shall be paid for at the contract lump sum price for Material Testing. � , S0Ct1011 � N-23 J:�DOC100083�00083011.00�Prjspecs\Tspecl.wpd � , � � .,, U �'�. � �:: � � � � �C N ,k E'� � *., iF iF � iP iE U U iF iF U � L. M 1. 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O � 'b N .�C [-� �--� �--� 1.�. N 'O U � 5 a€ +� ~ cd }' ?G .�C V ~ W N ,n .., �+ a� '. � .-� U U� c�YG a G w �ca aav� �� ::a� b � �� w ,� �`� � � � �, U �„� � � � � a.� � � V-O�i ~ ,--• � � W O :� a� G � v O .� �� ' .i��. � � '� � a� � � o �a a� � ��a� �� w v�, •— � �"' � � °a a i ��' � �o � v� ,b �n � H G � � O � cdQ c� � y � N�E'� � � � ;-� � a� .0 � O � � C N •� cd O f�-' � �""�d �� y � `� o � ,. w a� •�' � .n •y ,a �� a � � Y �° o a� F, w `� • 4, � � O � O a'� o � �n w O y O U � � O v � � � � � O o w w � > y o � •� a c � b °� � ''� � � �; O p � � � w � O � C � -y � i � rn � C F"� 'v � at 0 .� U 0 i a � � N Q 0 c�d � � y � 0 c � � � � � � � � O N � � w � 0 c b «3 � U O � id � �-�+ F * * � F S � 8 0 � � � 9 ., � O U N � �� . ���� O � � � b ' � z' >-, Q 'b �. �, '� � .3 r � Q � � � `�. � a �., � � ,°�, � E-� E-� a� � . i� �a °' �� * * >, �' ,� �+ � o * •� 'C aa�i �° " � U � � � � � ° �-° ° ' " a �.+ a.'% � y � ,.y N cd cd 0 cG O F v�i p cvd �.., A i� A g �i � � f� �"' L W � 1r ir F. 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C. 4�i vi Q '� � � � U v � a' � V a� � � 'o � p, � a❑� k ���� � N �n � � � •" � �in 7 �y � ���� � � o t� � H w �n c� t� ¢¢ Q aa �7 w a� � ar � � �, a� gt � � � � � _ �. 0 ° U* �= U ' �' � � ;= � a U � �: : 'o o aaa � U Q H E-� � � � � a � � a� � 0 c�d '� � 0 a a� .n '� � � � � � N � .'�_+ � � 0 ❑ b � � U O � � �s � � E� �r a �. �. � o � m m44 M � 9 � � 0 U a� � MISCELLANEOUS ALLOWANCE Contingency The proposal includes an allowance for various contingencies and contract amendments, as may be authorized by the owner. Any amount of extra work and/or alterations to the proposed Work charged to the allowance shall be fully documented and authorized by the Engineer. PAYMENT a. The work specifed under this Section shall be paid for under the pay items for Miscellaneous Allowance, Contingency. PAY QUANTITY a. The pay quantity for Miscellaneous Allowance, Contingency shall be the work authorized and approved by Owner and Engineer. BASIS OF PAYMENT a. The work speciiied under this Section shall be paid for at the contract price per lump sum for Miscellaneous Allowance, Contingency. Section IV N-26 J:�DOC100083\00083011.00�Prjspecs\Tspecl.wpd � L__J I� MOBILIZATION The work specif ed under this Section shall consist of the preparatory work and operations necessary to mobilize and begin work on the project. This sha11 include but is not limited to those operations necessary for the movement of personnel, equipment, supplies and incidentals to the project site(s), the establishment of temporary offices, buildings, safety equipment and iirst aid supplies, sanitary and other facilities required by these Contract Documents and all applicable federal, state and local regulations. The cost of bonds and any other 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. PAYMENT a. The work speciiied under this Section shall be paid for under the pay item for Mobilization. PAY QUANTITY a. The pay quantity for the work specifed under this Section shall be one lump sum quantity for Mobilization and shall include all work and materials described and specified herein. BASIS OF PAYMENT � a. The work specified under this Section shall be paid for at the contract lump sum price for Mobilization and shall be in accordance with the following schedule: '� � Percent of Original Contract Amount Earned 5 10 25 50 Allowable Percent of the Lump Sum Price for Mobilization 25 50 75 100 Partial payments shall be limited to ten percent (10%) of the original contract amount for the project. Any remaining amount will be paid upon completion of all work on the project, including final punch list work items. I� Section N �%-2% J:�DOC�A0083�00083011.00�Pryspecs\Tspecl.wpd OFFICE FOR THE ENGINEER The Contractor shall provide the Engineer with an office, at a location to be approved by the Engineer, for the duration of construction activities. The office shall contain a minimum of 120 square feet of usable floor space, and shall be furnished with electric lights, telephone service, air conditioning, a desk, layout table, chairs, file cabinet, and water and sanitary facilities. The office shall have bars on the windows, and an adequate lock on the door. The Engineer and his representatives shall have full utilization of this facility, and shall be furnished with a key. The office shall be maintained from the commencement of construction until �nal acceptance of the project, unless removal at an earlier date is authorized in writing by the Engineer. The Contractor shall pay for all utilities except long distance telephone calls made by the Engineer or his representatives, for which the Contractor shall be reimbursed by the Owner. The Contractor, at his expense, shall obtain all required permits for electrical work and installations, shall have all required electrical inspections made, and shall be responsible for all repairs and maintenance required in connection with permits and inspections. All other permit requirements under the authority of the Owner are waived. PAYMENT � a. The furnishing of the facility specified under this Section, and all labor, materials, equipment and services incidental thereto, shall be paid for under the pay item for Office For The Engineer. PAY QUANTITY a. The pay quantity for the furnishing of the facility specified under this Section shall be one lump sum quantity which shall include all labor, materials, equipment and services required to furnish the facility as described and specified herein, except for long distance telephone calls made by the Engineer or his representatives, for which the Contractor shall be reimbursed by the Owner. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per lump sum. � Section N N-28 1:�D0(.'�00083�00083011.00�Pryspecs\Tspecl.wpa i� � PILING The work specified under this Section consists of the furnishing, driving, cutting-off and splicing of ,� piling and of test loading piles, in accordance with the requirements of Sections 455 of the Florida Department of Transportation (FDOT) Standard Specifications, except as amended herein. All work shall be done in conformity with the locations, elevations, dimensions and notes shown in the plans. The work specified in this Section includes the furnishing, driving, cutting-off and splicing of all piling as required for the completed work. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Piling, Prestressed Concrete, Furnished and Driven or Piling, Splices. PAY QUANTITY a. The pay quantity for the work specified under this Section shall be the number of linear feet of Piling, Prestressed Concrete, Furnished and Driven and the number each of Piling, Splices actually constructed and accepted. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per linear foot for Piling, Prestressed Concrete, Furnished and Driven and contract price per each for Piling, Splices. � Section IV N-29 J:�DOC�00083�0008301L001Prjspecs\Tspecl.wpd , , BASIS OF PAYMENT a. The quantities determined as specified above shall be paid for at the contract price per linear foot. Section IV N-31 1:�DOC100083�00083011.00�Prjspecs\TspecLwpd PIPE CULVERT Concrete, Elliptical The work specified under this Section shall consist of the furnishing and installation of Elliptical Concrete Pipe Culvert in conformity with the lines, grades and elevations shown on the Plans, and as directed by the Engineer, in accordance with the requirements of Section 430 of the Florida Department of Transportation (FDOT) Standard Specifications, except as amended herein, and all applicable drawings of the Florida Department of Transportation (FDOT) Roadway and Tra�c Design Standards, cunent edition. The work speciiied under this Section shatl include all dewatering, excavation, all #57 crushed stone bedding material, backf'illing and compacting around the culvert, patching through existing endwalls, the furnishing and installation of fittings, and the connection of proposed pipes to existing structures. All joints of elliptical concrete pipe placed under pavement shall be encased in concrete pipe jackets. All joints of elliptical concrete pipe not placed under pavement shall be encased in filter fabric nipe 'a� ckets. The work speci�ed under this Section shall include the restoration of all driveways, curb, sidewalk, sod and any other existing features and facilities disturbed or damaged in the performance of the work specified under this Section, in accordance with the details and notes shown on the Plans. Where the details of restoration are not speeified on the Plans, existing features and facilities shall be restored to the condition existing prior to the commencement of construction activities. Payment for restoration under this Section shall be made only for that restoration within the limits of payment shown on the Plans for such restoration. The cost of such restoration shall be included in the contraet price for the work to be performed under this Section. The Contractor shall restore, at his expense, and in accordance with the intent of these Specifications and the details and notes for restoration shown on the Plans, all existing features and facilities disturbed or damaged during construction activities outside the limits of payment shown on the Plans. All suitable material shall remain the property of the Qwner until all earthwork requirements for the project have been fulfilled. Except as otherwise provided for on the Plans and Speciiications, all surplus material and other items not claimed by the Owner shall become the property of the Contractor and shall be disposed of by the Contractor in areas provided by the Contractor. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Pipe Culvert, Concrete, Elliptical. PAY QUANTITY a. The pay quantities for the work specified under this Section shall be the number of linear feet of Pipe Culvert, Concrete, Elliptical of the types and sizes of pipe speciiied in the applicable pay items, actually constructed and accepted, including that portion of the pipes extending into the walls (farthest point) of the structures to which the pipes aze connected. Payment for this quantity shall constitute full compensation for all work specified under this � Seetion N IV-32 1:�D0(,�00083�00083011.00�Prjspecs\Tspecl.wpd Section. BASIS OF PAYMENT a. The quantities determined as specified above shall be paid for at the contract price per linear foot. I� Section IV IV-33 J:�DO(.100083�00083011.00�Prjspecs\Tspecl.wpd , I� PIPE HANDRAIL The work specified under this Section consists of the furnishing and erection of aluminum or steel � pipe handrail, in accordance with the requirements of Sections 515 and 965 of the Florida Department of Transportation (FDOT) Standard Specifications, except as amended herein. Steel Fipe Handrail shall be constructed of galvanized steel pipe railings, with galvanized steel diamond wire fabric, assembled and erected as shown in the Plans. Aluminum Pipe Handrail shall be constructed in accordance with the requirements of Sections 515 and 965 of the "Standard Specifcations", and Index No. 520 of the FDOT "ROADWAY AND TRAFFIC DESIGN STANDARDS", current edition. The work specified in this Section includes the furnishing and erection of all posts, railing, bracing, wire fabric, and anchorage assemblies required for the completed work. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Handrail, Steel Pipe or Handrail, Aluminum Pipe. PAY QUANTITY a. The pay quantity for the work speci�ed under this Section shall be the number of linear feet of Handrail, Steel Pipe or Handrail, Aluminum Pipe actually constructed and accepted BASIS OF PAYMENT a. The work speciiied under this Section shall be paid for at the contract price per linear foot. � Section N N-34 1:�D0(1000g3�00083011.00�Pry'specs\TspecLwpd RIPRAP Graded The work specified under this Section consists of the construction of riprap composed of graded stones or boulders. The construction of riprap shall conform to the requirements of Section 530 of the Florida Department of Transportation (FDOT) Standard Speci�cations, as amended herein, the details and notes shown on the Plans, and, where specified herein or on the Plans, applicable drawings of the FDOT "ROADWAY AND TRAFFIC DESIGN STANDARDS", current edition. Materials: The riprap shall consist entirely of graded stones or boulders conforming to the following requirements: The material shall be sound and durabTe, and shall have a minimum specific gravity of 2.3. The rnaterial shall be free of cracks, soft seams or other structural defects. The pieces shall be rounded to angular, and the lot shall be reasonably free of thin, flat or elongated pieces. Stones shall be of a graded mixture, with individual pieces weighing, in general, from 20 pounds to 300 pounds each. Not more than 20 percent of the total volume shall be composed of weighing less than 50 pounds each, and at least 50 percent of the total volume shall be composed of pieces weighing 150 pounds or more. The thickness of stones and boulders shall not exceed 18 inches. Broken concrete riprap is not acceptable. Only clean rounded to angular graded stones or boulders will br accepted. Construetion Methods: The riprap shall be placed and arranged to form compact layers conforming to the neat lines called for in the Plans, and to the thicknesses specified, plus or minus one inch. The riprap shall be placed in a manner such that the smaller pieces aze evenly distributed and placed so as to fill the voids between the larger pieces. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Riprap, Graded. Seetion N N-35 J:�DOC.'100083�00083011.00�Pryspecs\Tspecl.wpd PAY QUANTITY a. The pay quantity for the work speeified under this Section shall be the number of Tons of Riprap, Graded, determined as specified above, actually placed and accepted. b. Riprap material shall be measured by the Ton, in its surface-dry natural state. Measurement shall be by railroad scales, truck scales, or barge displacement. Weights shall be determined as specified in Section 530-4.2 of the "Standard Specifications". The Engineer shall approve which of the three methods, i.e., railroad wei h�ts,, truck wei�hts, or barge displacement, is to be used. c. If the method of truck weights is to be used, duplicates of the sworn certificates of weight shall be furnished with each truck load of material, and presented to the job inspector for his signature. Certifcates of weight which do not bear the signature of the job inspector will not be considered for payment. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per Ton. Seetion IV IV-36 1:�D0(.100083�OW83011.00�Pry'specs\Tspecl.wpd I�� � � , � � ROADWAY BASE Limerock The work speciiied under this Section consists of the construction of roadway base utilizing Limerock on prepazed subgrade, in conformity with the lines, grades, notes and typical cross sections shown on the Plans, and as directed by the Engineer. The construction of Limerock Base shall conform to the requirements of Section 250 of the Florida Department of Transportation (FDOT) Standard Specifications, except as amended herein. The construction of Limerock Base under this Section shall include also the furnishing and application of a bituminous-material prime coat conforming to the requirements set forth in Section 3 of the Pinellas County, Florida, Specifications for Hot Bituminous Mixtures, Plant Methods, Equipment and Construction Methods, current edition. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Roadway Base, Limerock. PAY QUANTITY a. When the quantity for a pay item under this Section is shown in the Schedule of Prices to be paid for per squaze yard, the pay quantity shall be the number of square yards of Roadway Base, Limerock, at the thickness specified in the applicable pay item, actually constructed and accepted by the Engineer. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per square yard. , '� � Seetion N N-37 J:�DO(.100083�00083011.00�Prjspecs\TspecLwpd II , � � I� � SEEDING AND MULCHING Including Watering and Fertilizer The work specified under this Section consists of the furnishing and placement of grass seed including all mulching, water and fertilizer within the limits shown on the Plans, and in such other areas as the Engineer may direct. The fumishing and placement of grass seed and mulch shall conform to the requirements of Section 570 of the Florida Department of Transportation (FDOT) Standard Specifications, except as amended herein. All mulch material shall be dry at the time of application. PAYMENT � a. The work specified under this Seetion shall be paid for under the pay items for Seeding and Mulching , including watering and fertilizer. 1 � � i � � PAY QUANTITY a. The pay quantities for the work specified under this Section shall be the number of square yards of Seeding and Mulehing, including mulching, watering and fertilizer, measured along the surface of the types specified in the applicable pay items, actually placed and accepted. This pay quantity shall include the preparation of the ground, the furnishing and applieation of all seed, water and fertilizer, and the furnishing and application, cutting in, rolling and anchoring (where required) of the mulch material and water for grassing. No payment shall be made for unauthorized areas of seeding, and no additional allowance shall be made for furnishing and applying the fertilizer and water necessary to establish the growth of seeding. BASIS OF PAYMENT � a. i � � � � � Sodding shall be paid for at the contract price per square yard. � Seetion N N-38 1:�D0(.100083�0008301 LOO�Prjspecs\TspecLwpd SIDEWALK Concrete The work specified under this Section consists of the construction of Concrete Sidewalk to the lines and grades shown on the Plans, and as directed by the Engineer. The construction of Concrete Sidewalk shall conform to the requirements of Section 522 of the Florida Department of Transportation (FDOT) Standard Specifzcations except as amended herein, to the details and notes shown in the Plans, and to all applicable drawings of the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards, cunent edition. Unless otherwise specified, concrete sidewalk for pedestrian trafiic shall be constructed to a minimum thickness of four (4) inches, with no reinforcement. Concrete sidewalk having a design thickness greater than four (4) inches shall be reinforced with � either Welded Wire Fabric of Reinforcing Steel bazs, as shown on the Plans or as approved by the Engineer. � � The work specified under this Section includes the furnishing and construction of all necessary forms, and the furnishing and placement of all required Welded Wire Fabric or Reinforcing Steel. PAYMENT � a. The work specified under this Section shall be paid for under the pay items for Sidewalk, � Concrete. � PAY UANTITIES � Q u � � a. The pay quantities for the work specified under this Section shall be the number of square yards of Sidewalk, Concrete, at the thickness specified in the applicable pay items, actually constructed and accepted, except that where the quantity shown in the Schedule of prices is designated as Plan Quantity, the pay quantity for that item shall be the Plan Quantity. BASIS OF PAYMENT � a. � _� � � The quantities determined as specific above shall be paid for at the contract price per square yard. � Seetion IV N-39 1:�D0(.'�00083�00083011.00�PrjspecslTspecl.wPa SIGNS Project Identification The work specified under this Section consists of the construction, erection and maintenance of Project Identiiication Signs in accordance with the details and notes shown on the Plans, at locations to be designated by the Engineer. The signs shall be erected by the Contractor, and shall be maintained by the Contractor, to the satisfaction of the Engineer, for the duration of the construction period. PAYMENT a. The work specified under this Section shall be paid for under the pay item for Signs, Project Identification. PAY QUANTITY a. The pay quantity for the work specified under this Section shall be the number of each for Signs, Project Identification which shall include all work and materials described and specified herein. BASIS OF PAYMENT a. The work speciiied under this Seetion shall be paid for at the contract price per each for Signs, Project Identification. Seetion N N-40 J:�DO(100083�00083011.00�Prjspecs\Tspecl.wpd SLOPE PAVING Cellular Confinement System The work specified under this Section consists of the construction of a cellular coniinement system in accordance with the lines, grades and elevations shown on the plans and directed by the Engineer. Cellular coniinement system standard sections, in the expanded coniiguration, shall have nominal dimensions of 8-feet wide by 20-feet long in depths of 25/8, 3, 4, 6, and 8-inches. In the expanded con�guration all cells shall be uniform in shape and size. Dimensions shall be within a t0.25-inch tolerance. Weld spacing shall be 13-inches t0.10-inches. The ultrasonic weld melt-pool width shall not exceed 1-inch. Cellular confinement system sections shall be made from high density polyethylene plastic (HDPE). The HDPE shall have a density of 0.941 to 0.965 grams per cubic centimeter as determined by ASTM Method D792; contain 11/z to 2 percent carbon black for stabilization against ultraviolet light degradation; have a minimum of 1000 hours environmental stress crack resistance as determined by ATSM Method D 1693; and have a sheet thickness of 50 mils ±2.5 mils. Cellulaz confinement system standard sections shall be fabricated using 60 strips of sheet HPDE each having a length of 11-feet and a width of 8-inehes. All joints shall be assembled using ultrasonic welding. A series of uniformly spaced spot welds shall be used to form each cell joint. Weld lengths shall be 1-inch. Cell joint strength shall be uniform over the full depth of the cell and when tested using 1-inch diameter pull rods at a rate of 12-inches per minute. The minimum weld strength shall be in accordance with Table 1. In addition, a 4-inch wide welded joint sample shall support a 160 pound load for a minimum of seven days in a temperature controlled environment undergoing a temperature change on a one hour cycle from arnbient room to 130°F. ;� Please Note: All dimensions are subject to manujacturing tolcrances. Packaging: All pallets shall be strong enough to withstand normal handling by forklift trucks. Warranty: The manufacturer shall warranty each cellular confinement system standard section to be free from defects in materials and workmanship at the time of manufacture. The manufacturer Seetion IV IV-41 1:�DOC\00083\00083011.00�Prjspecs\Tspecl.wpd shall replace any section which proves to be defective under normal use and service. The failure of any section due to abuse, misuse, mishandling, neglect or improper installation shall constitute a defect and is expressly excluded from this warranty. PAYMENT a. The work specified under this Section shall be paid for under items for Cellular Confinement System. PAY QUANTITY a. The pay quantity for Cellular Confinement System shall be the number of square yards of Cellular Confinement System actually constructed and accepted by the Engineer and shall include all work and materials described and specified herein. BASIS OF PAYMENT a. The work specified under this Section sha11 be at the contract price per square yard for Cellular Confinement System. Section IV N-42 1:�DOC.100083�00083011.00�Prjspecs\Tspecl.wpd � � SLOPE PAVING, INTERLOCHING BLOCK MATS I� PART 1: GENERAL I � A. I� I� Scope of Work The Contractor shall furnish all labor, materials, equipment, and incidentals required and perform all operations in connection with the installation of cellular concrete erosion control mats in accordance with the lines, grades, design and dimensions shown on the Contract Drawings and as specified herein. PART 2: PRODUCTS � A. General All cellular concrete mats shall be pre-manufactured as an assembly of concrete blocks, with specific hydraulic capacities, bound into mats by the use of revetment cables. ', Individual blocks in the cellular mats shall be staggered and interlocked for enhanced stability. The open cell version of the blocks have two (2) vertical openings of rectangular cross section with suf�cient wall thickness to resist breakage during shipping and � installation. The mats shall be constructed of open and/or closed cell blocks as shown on the contract drawings. Parallel strands of cable shall extend through two (2) ducts in each block in a manner which provides for longitudinal binding of the blocks within the mats. Each row � of blocks shall be laterally offset by one-half block width from the adjacent row so that any given bloek is cabled to four other blocks (two in the row above and two in the row below). The gross area of each individual block in direct contact with the protected subgrade sha11 be no less than one square foot. Each block shall incorporate interlocking surfaces that prevent lateral displacement of the blocks within the mats when they aze lifted by the longitudinal revetment cables. The interlocking surfaces must not protrude beyond the perimeter of the blocks to such an extent that they reduce the flexibility or articulation capability of the cellular mats or become damaged or broken when the mats are lifted during shipment or placement. Once the mats are in place, the interlocking surfaces shall prevent the lateral displacement of the blocks even if the cables should become damaged or removed. The mats must be able to flex a minimum of 25 ° between any given row or column of blocks in the uplift direction and a minimum of 45 ° in the downward direction. The cables shall be inserted into the mats in such a manner to form lifting loops at one end of the mat with the corresponding cable ends spliced together to form a lifting loop at the other end of the mat with sleeves approved by the Engineer. The cellular concrete mats shall be placed on a�lter fabric as specified herein. Seetion IV IV-43 1:�DOC100083�000830ll.00�Pryspecs\TspecLwpd B. Cellular Concrete Blocks 1.0 Scope 1.1 This specification covers concrete blocks for erosion control mats used in revetments, storm channels, etc. and for soil stabilization. Note 1- Concrete units covered by this specification aze made from lightweight or normal weight aggregates, or both. Note 2- The values stated in U.S. customary units are to be regarded as the standard. 2.0 Materials 2.1 Cementitious Materials - Materials shall conform to the following applicable ASTM specifications: 2.1.1 Portland Cements - Specification C 150, for Portland Cement. 2.1.2 Blended Cements - Specification C 595, for Blended Hydraulic Cements. 2.1.3 Hydrated Lime Types - Specification C 207, for Hydrated Lime Types. 2.1.4 Pozzolans - Specification C 618, for Fly Ash and Raw or Calcined Natural Pozzolans for use in Portland Cement Concrete. 2.2 Aggregates shall conform to the following ASTM specifications, except that grading requirements shall not necessarily apply: 2.2.1 Normal Weight - Specification C 33, for Concrete Aggregates. 3.0 Physical Requirements 3.1 At the time of delivery to the work site, the units shall conform to the physical requirements prescribed in Table 1 below. Section N �—� 1:�D0(,100083W0083011.00�Prjspecs\Tspecl.wpd i� �� I� I� TABLE 1. PHYSICAL REQUIREMENTS Compressive Strength Water Absorption Net Area Max., lb/ft3 Min. si (mPa) (k m') Avg. of Individual Avg. of Individual Unit 3 units Unit 3 units 4,000 (27.6) 3,500 (24.1) 10 12 (160) (192) 3.2 Durability. The manufacturer shall satisfy the purchaser by proven �eld performance that the concrete units have adequate durability even if they are to be subjected to a freeze- thaw environment. 4.0 VisualInspection 4.1 All units shall be sound and free of defects that would interfere with the proper placing of the unit or impair the strength or permanence of the construction. Surface cracks incidental to the usual methods of manufacture, or surface chipping resulting from customary methods of handling in shipment and delivery, shall not be deemed grounds for rejection. 4.2 Cracks exceeding 0.25 inches in width andlor 1.0 inch in depth shall be deemed grounds for rejection. 4.3 Chipping resulting in a weight loss exceeding 10% of the average weight of the blocks shall be deemed grounds for rejection. 4.4 Blocks rejected prior to delivery from the point of manufacture shall be replaced at the manufacturer's expense. Blocks rejected at the job site shall be repaired with structural grout at the expense of the contractor. 5.0 Sampling and Testing 5.1 The purchaser or his authorized representative shall be accorded proper access to facilities to inspect and sample the units at the place of manufacture from lots ready for delivery. 6.0 Expense of Testing 6.1 Additional testing, other than that provided by the manufacturer, shall be borne by the purchaser. The cellular concrete grids shall have the following nominal characteristics: Section N N-45 1:�DOC100083\0008301I.00�Prjspecs\Tspecl.wpd i� i� � � � TABLE 2. STANDARD SIZES OF BLOCKS BLOCK WEIGHT BLOCK SIZE In. BLOCK TYPE OPEN AREA TO USE Lbs. Lbs./Sq.Ft Len th Width Hel ht �� x O en 31-36 32-37 13.0 11.6 4.75 20 O en 45-52 45-53 13.0 11.6 6.0 20 Closed 39-45 40-45 13.0 11.6 4.75 10 Closed 53-61 54-62 13.0 11.6 6.0 10 O en 62-71 35-40 17.4 15.5 4.75 20 O en 81-94 46-53 17.4 15.5 6.0 20 O en 99-113 56-64 17.4 15.5 7.5 20 O en 120-138 68-78 17.4 15.5 9.0 20 Closed 78-89 43-50 17.4 15.5 4.75 10 Closed 94-108 53-61 17.4 15.5 6.0 10 Closed 120-138 68-78 17.4 15.5 7.5 10 Closed 145-167 82-95 17.4 15.5 9.0 10 C. Revetment Cable and Fittings There is an option of two (2) types of revetment cables and fittings: Option 1. Polyester Revetment Cable and Fittings. Revetment cable shall be constructed of high tenacity, low elongating, continuous filament polyester fibers. Cable shall consist of a core construction cornprised of parallel fibers contained within an outer jacket or cover. The weight of the parallel core shall be between 65% to 70% of the total weight of the cable. The revetment cable shall have the following physical characteristics: Nominal Approx.Avg. WeighU100 Feet Cable_Diam. - Circum. Strength Lbs Min Lbs Max Lbs () 1/4" - 20mm 3,700 2.47 2.74 () 5/16" - 27mm 7,000 3.99 4.42 () 3/8" - 30mm 10,000 4.75 526 () 1/2" - 40mm 15,000 8.93 9.90 (Note: For block less than 36 pounds, use �/a inch diameter cable for mat lengths up to 36 feet. Use 5/16 inch diameter cable for mat lengths greater than 36 feet but less than 45 feet. Use 1/2 inch diameter cable for larger block sizes. Refer to manufacturer's specifications for details.) Elongation requirements speciiied below are based upon stabilized new, dry cable. Stabilization refers to a process in which the cable is cycled fifty (50) times between a load corresponding to 200D2 and a load equal to 10%, 20% or 30% of the cable's � Section IV N-46 J:�D0C100083W0083011,OO�Prjspecs\Tspecl.wpd approximate average breaking strength. Relevant elongation values aze as shown in the table below. The tolerance on these values is + 5%. % Breaking Strength 10% 20% 30% Permanent Elongation (while working) 0.7 1.8 2.6 Elastic Elongation 0.6 1.4 2.2 Total Stretch 1.3 3.2 4.8 The revetment cable shall exhibit good to excellent resistance to most concentrated acids, alkalis and solvents. Cable shall be impervious to rot, mildew and degradation associated with marine organisms. The materials used in the construction of the cable shall not be affected by continuous immersion in fresh or salt water. Selection of cable and fittings shall be made in a manner that insures a safe design factor for mats being lifted from both ends, thereby fornung a catenary. Consideration shall be taken for the bending of the cables around hooks or pins during lifting. Revetment cable splicing fittings shall be selected so that the resultant splice shall provide a minimum of 60°Io of the minimum rated cable strength. Fittings such as sleeves and stops shall be aluminum and washers shall be galvanized steel unless otherwise shown on the Contract Drawings. Option 2. Galvanized Steel Revetment Cable and Fittings. Revetment cable shall be constructed of preformed galvanized aircraft cable. The cables shall be made from individual wires and strands that have been formed during the manufacture into the shape they have in finished cable. Cable shall consist of a core construction comprised of six (6) or seven (7) wires wrapped within seven (7) or nineteen (19) wire strands: The revetment cable shall have the following physical properties: Nominal Approx.Avg. WeighU100 Feet Cable Diameter StrenQth Lbs. Min. Lbs. Max Lbs. ( ) 1 /8" ( ) 3/16" ( ) 1 /4" ( ) 3/8" 1,700 3,700 6,100 13,300 2.8 2.9 6.2 6.5 10.6 11.0 23.6 24.3 The revetment cable shall exhibit good resistance to mild concentrations of acids, � alkalis, and solvents. Fittings such as sleeves and stops shall be aluminum, washers shall be galvanized steel. I� I� Selection of cable and fittings shall be made in a manner that insures a safe design factor for mats being lifted from both ends, thereby forming a catenary. Consideration shall be taken for the bending of the cables around hooks or pins during lifting. Revetment cable splicing fittings shall be selected so that the resultant I� Section N �-4% J:�D0C100083U)0083011.00�Prjspecs\Tspecl.wpd � E. splice shall provide a minimum of 75% of the minimum rated cable strength. Anchors Anchors shall be screw type helix anchors and shall conform to ASTM A36-latest. The anchors shall be galvanized in accordance to ASTM A123-latest. Anchor helix shall be pitch-controlled to ensure maximum holding capacity. The anchor shaft should be aligned with connecting mat rope loop to prevent premature failure of anchor rod. Under no circumstances should the rod and rope loop join at an angles of departure exceeding 10°. The maximum installing torque shall be 2300 lbs. The anchors shall meet the following physical characteristics: Helix Anchor Size Diameter 6" (Minimum) Area Sa. Inc. 28 (Minimum) Rod Diameter and Leneth The ma�cimum spacing between anchors shall not exceed 8'. 3/4" x 66" Manta Ray or equivalent type anchors shall be used if called out on the plans. The spacing and nominal anchorage holding capacity shall be as called out on the plans. Filter Fabric The geotextile filter shall meet the minimum physical requirements listed in Table No. 3 of these Speciiications. Consultation with the manufacturer is recommended. � The geotextile fiber shall consist of a long-chain synthetic polymer composed of at least 85 percent by weight of propylene, ethylene, ester, or amide, and shall contain stabilizers andlor , inhibitors added to the base plastic, if necessary, to make the iilaments resistant to � deterioration due to ultraviolet and heat exposure. The edges of the geotextiles shall be �nished to prevent the outer fiber from pulling away from the geotextiles. . I� I� I� � The Contractor shall furnish the Engineer, in duplicate, manufacturer's certiiied test results showing actual test values obtained when the physical properties are tested for compliance with the specifications. During all periods of shipment and storage, the filter fabric shall be protected from direct sunlight, ultraviolet rays and temperatures greater than 140 degrees Fahrenheit. To the extent possible, the fabric shall be maintained wrapped in its protective covering. TABLE 3. PHYSICAL REQUIREMENTS Ph sical Pro ert Test Procedure Minimum Value Grab Tensile Strength ASTM D4632 200 Lbs. Una ed Geotex[ile in an rinci al direction � Section IV N-48 J:�DOC100083\00083011.00�Prjspecs\Tspecl.wpd i� � �. I� I� I� Breaking Elongation ASTM D4632 30% max. (Una ed Geotextile) (in an rinci al direction) Burst Stren th ASTM D3786 400 si Puncture Stren h ASTM D4833 115 Lbs. A.O.S., U.S. Std. Sieve AST1Vi D4751 see Desi Manual % O en Area CWO-22125-86 6% -, Final acceptance of the filtration geotextile by the Engineer shall be dependent upon the � geotextile performance when tested in accordance with ASTM D5105, Standard Test Method for Measuring the Soil-Geotextile System Clogging by the Gradient Ratio test or the Hydraulic Conductivity Ratio test. Soil characteristics such as grain size, gradation, and � plasticity shall be determined for every 200,000 squaze feet of geotextile installed, or for each source of bonow material used during construction. Significant differences in soil characteristics shall require further performance testing by either the Gradient Ratio or the � Hydraulic Conductivity Ratio tests at the discretion of the Engineer. The locations for which the material to be tested is extracted shall be approved by the Engineer. The Contractor shall � provide the site-speciiic soil and modified proctor curves for the site-soil, at his own expense, to the manufacturer. The manufacturer shall be responsible for the performance of the test by a certified mdependent laboratory experienced in performing such test. The test shall be performed under the actual field soil conditions or as otherwise required by the �` Engineer. � At the time of installation, the iilter fabric shall be rejected if it has been removed from its protective cover for over 72 hours or has defects, tears, punctures, flow deterioration, or damage incurred during manufacture, transportation or storage. With the acceptance of the � Engineer, a torn or punctured section of fabric shall be repaired by placing a filter fabric patch over the damaged azea prior to placing the mats. The patch shall be lazge enough to overlap a minimum of three (3) feet in all directions. � F. In the event preassembled panels of fabric are required, the panels of filter fabric shall be sewn together at the manufacturer or another approved location to form sections not less than 36 feet wide and 46 feet long. Size of Cellular Concrete Mats The cellular concrete blocks, cables and iittings shall be fabricated at the manufacturer or another approved location into mats with a width of up to eight (8) feet and a length which is approved by the Engineer. PART 3: FOUNDATION PREPARATION, GEOTEXTILE AND MAT PLACEMENT � A. Foundation Preparation � General. Areas on which filter fabric and cellular concrete blocks are to be placed shall be � Section N N-49 J:�DOC100083�00083011.00�Prjspecs\Tspecl.wpd li I� I� �'� � B. � � � � C. � constructed to the lines and grades shown on the Contract Drawings and to the tolerances specified in the Contract Documents, and approved by the Engineer. Grading. The slope shall be graded to a smooth plane surface to ensure that intimate contact is achieved between the slope face and the geotextile (filter fabric), and between the geotextile and the entire bottom surface of the cellular concrete blocks. All slope deformities, roots, grade stakes, and stones which project normal to the local slope face must be regraded or removed. No holes, "pockmarks", slope board teeth marks, footprints, or other voids greater than 1.0 inch in depth normal to the local slope face shall be permitted. No grooves or depressions greater than 0.5 inches in depth normal to the local slope face with a dimension exceeding 1.0 foot in any direction shall be permitted. Where such areas are evident, they shall be brought to grade by placing compacted homogeneous material. The slope and slope face shall be uniformly compacted, and the depth of layers, homogeneity of soil, and amount of compaction shall be as required by the Engineer. Excavation and preparation for anchor trenches, side trenches, and toe trenches or aprons shall be done in accordance to the lines, grades and dimensions shown in the Contract Drawings. The anchor trench hinge-point at the top of the slope shall be uniformly graded so that no dips or bumps greater than 0.5 inches over or under the local grade occur. The width of the anchor trench hinge-point shall also be graded uniformly to assure intimate contact between all cellular concrete blocks and the underlying grade at the hinge-point. Inspection. Immediately prior to placing the filter fabric and cellular concrete blocks, the prepared area shall be inspected by the Engineer, the owner's representative, and by the manufacturer's representative. No fabric or blocks shall be placed thereon until that area has been approved by each of these parties. Placement of Geotextile Filter Fabric General. Filter Fabric, or filtration geotextile, as speciiied elsewhere, shall be placed within the limits shown on the Contract Drawings. Placement. The filtration geotextile shall be placed directly on the prepared area, in intimate contact with the subgrade, and free of folds or wrinkles. The geotextile shall not be walked on or disturbed when the result is a loss of intimate contact between the cellulaz concrete block and the geotextile or between the geotextile and the subgrade. The geotextile filter fabric shall be placed so that the upstream strip of fabric overlaps the downstream strip. The longitudinal and transverse joints shall be overlapped at least two (2) feet. The geotextile shall extend at least one foot beyond the top and bottom revetment termination points. If cellular concrete blocks are assembled and placed as large mattresses, the top lap edge of the geotextile should not occur in the same location as a space between cellular concrete mats unless the space is concrete filled. Placement of Cellular Concrete Blocks/Mats General. Cellularconcrete block/mats, as specified in Part 2:A of these Specifications, shall be constructed within the specified lines and grades shown on the Contract Drawings. � Seetion N IV-50 I:�DO(.100083\0008301 LOO�Prjspecs\Tspecl.wpd � � � Placement. The cellular concrete blocks shall be placed on the filter fabric in such a manner as to produce a smooth plane surface in intimate contact with the filter fabric. No individual block within the plane of placed cellular concrete blocks shall protrude more than one-half inch or as otherwise specified by the Engineer. To ensure that the cellular concrete blocks are flush and develop intimate contact with the subgrade, the blocks shall be "seated" with a roller or other means as approved by the Engineer. If assembled and placed as large mattresses, the cellular concrete mats shall be attached to a spreader bar or other approved device to aid in the lifting and placing of the mats in their proper position by the use of a crane or other approved equipment. The equipment used should have adequate capacity to place the mats without bumping, dragging, tearing or otherwise damaging the underlying fabric. The mats shall be placed side by side andJor end to end, so that the mats abut each other. Mat seams or openings between mats greater than two (2) inches shall be filled with grout. Whether placed by hand or in lazge mattresses, distinct changes in grade that results in a discontinuous revetment surface in the direction of flow shall require a grout seam at the grade change location so as to produce a continuous surface. Helix anchors shall be "screwed" into the ground by machine at the proposed locations as identiiied in the Contract Drawings. Trench excavation for the placement of helix anchors is not an acceptable means of installation. Helix anchors or other anchor types as specified on the plans shall be installed in accordance with the manufacturer's guidelines and shall be capable of resisting a direct pull of at least 5000 pounds when installed at top of bank. (Note: Certain areas may require compaction at top of bank in order to achieve a blow count of 7-14 per ASTM-D1586; necessary to achieve 5000 pounds of pull.) Anchor trenches and side trenches shall be backf'illed and compacted flush with the top of the blocks. The integrity of a soil trench backfill must be maintained so as to ensure a surface that is flush with the top surface of the cellular concrete blocks for its entire service life. Toe trenches shall be backfilled as shown on the Contract Drawings. Backfilling and compaction of trenches shall be completed in a timely fashion. No more than 500 lineal feet of placed cellulaz concrete blocks with non-completed anchor and/or toe trenches shall be permitted at any time. _ Finishing. The cells or openings in the cellular concrete blocks shall be backfilled and compacted immediately with suitable material to assure that there are not voids and so that compacted material extends from the flter fabric to one-inch above the surface of the cellular concrete block. Backfilling and compaction shall be completed in a timely manner such that no more than 500 feet of exposed mats exist at any time. Consultation. The manufacturer of the cellular concrete blocks/mats shall provide design and construction advice during the design and initial installation phases of the project, when required. PAYMENT a. The work specified under this Section shall be paid for under items for Slope Paving, Seetion N �%-51 J:�DO(.100083�00083011.00�Prjspecs\Tspecl.wpd Interlocking Block Mats PAY QUANTITY b. The pay quantity for Slope Paving, Interlocking Block Mats shall be the number of square yards of Slope Paving, Interlocking Block Mats actually constructed and accepted by the Engineer and shall include a11 work and materials described and specified herein, including but not limited to iilter fabric, anchors, cables, fittings, etc. BASIS OF PAYMENT a. The work specifed under this Section sha11 be at the contract price per square yazd for Slope Paving, Interlocking Block Mats. Section IV N-52 J:�DOC100083�0008301 f.00�Prjspecs\Tspecl.wpd li I� I� I� I � SODDING Including Watering and Fertilizer The work specified under this Section consists of the furnishing and placement of grass sod including all water and fertilizer within the limits shown on the Plans, and in such other azeas as the Engineer may direct. The furnishing and placement of sod shall conform to the requirements of Section 575 of the Florida Department of Transportation (FDOT) Standard Specifications, except as amended herein, and, where speciiied herein or on the Plans, applicable standard drawings of the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards. PAYMENT � a. The work specified under this Section shall be paid for under the pay items for Sodding, including watering and fertilizer. I� I� I� I� I� PAY QUANTITY a. The pay quantities for the work specified under this Section shall be the number of square yards of Sodding, includes watering and fertilizer, of the types speciiied in the applicable pay items, actually placed and accepted. This pay quantity shall include all required water and fertilizer, excavation of the trench for the sod, and the satisfactory disposal of excavated material. No payment shall be made for unauthorized areas of sodding, and no additional allowance shall be made for furnishing and applying the fertilizer and water necessary to establish the growth of sodding. BASIS OF PAYMENT I � a. I� I� I� I� � � Sodding shall be paid for at the contract price per square yard. � Section IV N-53 J:�DOC100083\00083011.001Prjspecs\Tspecl.wpd STABILIZATION Type B The work specified under this Section consists of the stabilizing of designated portions of the roadbed to provide a firm and unyielding subgrade, in conformity with the lines, grades, notes and typical cross sections shown on the Plans, and as directed by the Engineer. The construction of stabilized roadbed shall conform to the requirements of Section 160 of the Florida Department of Transportation (FDOT) Standard Specifications, except as amended herein. Pre-mixed Stabilization shall be required when proposed pipe culvert falls within area to be stabilized. The work specified under this Section shall include the furnishing and placement of all stabilizing material required, and all mixing, shaping and compacting of the stabilized area. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Stabilization, Type B. PAY QUANTITY a. When the quantity for a pay item under this Section is shown in the Schedule of Prices to be paid for per square yazd, the pay quantity shall be the number of square yards of Stabilization, Type B at the thickness specified in the applicable pay item, actually constructed and accepted by the Engineer. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per square yard. Section N N-54 1:�D0(,100083�000830II.00�Prjspecs\Ts�ecl.wpd STAKED SILT FENCE The work specified under this Section consists of the furnishing and application of staked silt fence barriers to control erosion on the project and in areas outside of the project right-of-way where work is accomplished in conjunction with the project, in order to prevent the pollution of water, detrimental effects to property and facilities outside the project right-of-way, and damage to work on the project. Erosion Control shall be in accordance with the notes and details shown on the plans and with the requirements of Section 102 of the Florida Department of Transportation (FDOT) Standard Specifications, except as amended herein. The work shall consist of erosion control of upland water flow paths, and the placement of barriers around drainage facilities during the construction thereof, to protect against downstream or lateral accumulations of silt and debris. The barriers shall be placed so as to effectively control silt and debris dispersion under the conditions present on the project, or any conditions created during construction activities, which might tend to produce erosion or the accumulation of silt and debris. Silt fences shall not be placed across permanent flowing water courses. The Contractor shall re-establish, at no additional expense to the Owner, all staked silt fence barriers, or sections thereof, which may become damaged, destroyed or otherwise rendered unsuitable for their intended function during the construction of the project. The work specified under this Section shall include the installation, re-establishment and maintenance of all required staked silt fence barriers, all other work required to control effectively the downstream or lateral accumulation of silt and debris, and the removal of all such temporary erosion control facilities upon completion of the project. PAYMENT a. The work specified under this Section shall be paid for under the pay items for Staked Silt Fence. PAY QUANTITY a. The pay quantity for work specified under this Section shall be the number of lineaz feet of Staked Silt Fence actually constructed, as authorized by the Engineer, and maintained to the satisfaction of the Engineer for the duration of the construction period. The estimated quantities may include a contingent quantity for use at such times and location as may be directed by the Engineer. BASIS OF PAYMENT I � a. � r The work specified under this Section shall be paid for at the contract price per linear foot. � Section N N-55 1:�DOC.100083�0008301L00�Prjspecs\Tspecl.wpd � STOCKPILE SITE MANAGEMENT The work specified under this section consists of the placing and maintaining the stockpile site for the storage, handling and treatment of the excavated material. The stockpile site shall be maintained in conformance with the requirements of all existing permits issued for the construction of the project, and applicable provisions of Section 120 of the Standard Specifications as amended herein, or as directed by the Engineer. The contractor shall be responsible for the hauling, placement, and maintenance of the stockpile material. PAYMENT a. The work specified under this Section shall be paid for under the pay item Stockpile Site Management. No extra compensation will be allowed for any rehandling of stockpile material involved under the provisions of this contract. PAY QUANTITY a. The pay quantity for Stockpile Site Management shall be one lump sum quantity which shall include all work, manpower and equipment to maintain the spoil site in accordance with these specifications. BASIS OF PAYMENT a. The work specified under this Section shall be paid for at the contract price per lump sum. ' � I� I� � � � Section N N-56 1:�DOQ00083�00083011.00�Prjspecs\Tspecl.wpd SURVEY CONTROL The work specified under this Section shall include all surveying and construction stake out to complete the project. The Contractor shall refer to the geometric control sheets in the plans for the required stakeout data. PAYMENT a. The work speciiied under this Section shall be paid for under the pay items for Survey Control. PAY QUANTITY a. The pay quantity for Survey Control shall be one lump sum price and shall be full compensation for all work and materials to perform the required construction stake out. BASIS OF PAYMENT a. The work speciiied under this Section shall be paid for at the lump sum price for Survey Control. Section N N-57 I:�DO(.100083�00083011.00�Prjspecs\Tspecl.wpd i �r �� I� I� � WHEEL STOPS Concrete The work specified under this Section consists of the construction of concrete wheel stops in accordance with the requirements of Section 520 of the Florida Department of Transportation (FDOT) Standard Specifications, except as amended herein, all applicable drawings of the FDOT "ROADWAY AND TRAFFIC DESIGN STANDARDS", current edition, and the details and notes shown in the Plans. Concrete Wheel Stops shall be of a standard length of six (6) feet, and shall conform to the details shown in the Plans, and to the following requirernents: Concrete shall be FDOT Class II Concrete, and shall have a minimum compressive strength of 3000 psi at 28 days. Each wheel stop shall be reinforced with two (2) #4 Reinforcing Steel bars 5 feet 6 inches � in length. Reinforcing steel shall rneet the requirements of Section 931 of the "Standard Specifications". � � Each wheel stop shall be anchored by two (2) 3/4"-diameter steel pins 18 inches in length. The work specified under this Section includes the furnishing of all required Reinforcing Steel, and the furnishing and construction of all necessary forms. � PAYMENT � a. The work specified under this Section shall be paid for under the pay items for Wheel Stops, Concrete. � � PAY QUANTITY a. The pay quantity for work speci�ed under this Section shall be the number each of Wheel Stops, Concrete actually constructed and accepted. BASIS OF PAYMENT � a. � � � The work specified under this Section shall be paid for at the contract price per Each. � Seetion N N-5g J:�DOC10p083�00083011.00�Prjspecs\Tspecl.wpd AWARD OF CONTRACT AND WORK SCHEDULE The Contractor shall commence work no later than iive (5) calendar days after the Engineer gives written notice to proceed as outlined in Article 14 - General Conditions. It is further required that all work within this contract be completed within 450 consecutive calendar days. Contract date to commence at issuance of notice to proceed. If the Contractor fails to complete the work within the stipulated time, the City will retain the amount stated in the Contract, per calendar day, for each day that the contract remains incomplete. The work shall be discontinued on Saturdays, Sundays and approved Holidays. If it becomes necessary for the Contractor to perform work on Saturdays, Sundays and approved City of Clearwater Employee Holidays, that in the opinion of the Engineer, will require the presence of Inspectors, The Contractor shall pay the City of Clearwater, Florida, the amount of Three Hundred and Twenty Dollazs ($320.00) per eight-hour day for each Inspector given such assignment. Section N N-59 1:�DOC100083�00083011.00�Prjspecs\Tspecl.wpd � _J � � � �;� SE�TION V BOND NUMBER: CONTRACT BOND STATE OF FLORIDA COUNTY OF _ KNOW ALL MEN BY THESE PRESENTS: That we and whose home address is as principal (Surety) HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: Dollars ($ ) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the day of 19_, entered into between the Principal and the City of Clearwater for: a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if.the Principal shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifcations as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of caze or skill, negligence or default, including patent infringements on the part of the said Principal agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Principal, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Principal and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Principal would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, and any damages, direct or indirect, or consequential, which said Section V V - 1 ,:�oc.-woos3woos3oi�.00�J5�5�s�cs.W,,a CONTRACT BOND Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. And the said Principal and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Principal or his agents or servants or the improper perforrnance of the said work by the Principal or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Principal and Surety hereby further bind themselves, their successors, heirs, executors, � administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the speciiications. .�ECt101] V V — 2 1:1DOC100083�0008301I.00�Prjspecs\SectS.wpd CONTRACT BOND IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of , 19 ATTEST: : WITNESS: COUNTERSIGNED: I: CONTRACTOR SURETY ATTORNEY-IN-FACT Section V V- 3 J:�DOC100083�OOOg3011.00�Pryspecs\SecLS.wpd CONTRACT This CONTRACT made and entered into this day of , 19 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", �d of the City of County of and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at own cost and expense perform all labor, furnish all materials, tools and equipment for the following: In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contra'ctor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY � AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WAICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF � THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE � UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, � SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. � � Seetion V v— 4 J:�DOC100083\OOOg301 I.00�Prjspecs\SectS.wpd � � � � � � � � � � , � , � I� I� � � � CONTRACT In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, dernotion, or transfer; recruitment or recruitment advertising; lay-off or ternunation; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker s representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of �500.00 per da� for each day that the work to be performed by the Contractor remains incomplete beyond the tirne limit specified herein, which sum of _$500.00 per da}� shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, fumish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guazanteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Seetion V V- 5 J:�DO(100083\00083011.00�Prjspecs\SectS.wpd CONTRACT IN WTINESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: Elizabeth M. Deptula, City Manager Countersigned: : Rita Garvey, Mayor-Commissioner (Seal) (Contractor must indicate whether Corporation, Partnership, Company or Individual.) � S( EAL) Attest: Cynthia E. Goudeau, City Clerk Approved as to form and legal sufficiency: John C. Carassas, Assistant City Attorney (Contractor) : (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by �davit, show his authority to bind theCoiporation). Section V V- 6 J:�DOC100 0 8 31000 8 3 0 1 1.00�Prjspecs�SectS.wpd � I� � CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORMI STATE OF FLORIDA COUNTY OF On this day personally appeared before me, the undersigned authority, duly authorized to � administer oaths and take acknowledgments, , who after being duly sworn, deposes and says: � That he is the (TTTLE) of a Florida Corporation, with its principal place of business located at (herein, the "Contractor"). � That the Contractor was the general contractor under a contract executed on the da of Y , 19 , with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, � as Owner, and that the Contractor was to perform the construction of: �J � That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described properiy. � That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and dischazge of said contract. �, !i �_J That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this �davit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworr► and subscribed to before me � This day of � �_ � � � NOTARY PUBLIC My Commission Expires: 19 � Section V V _ � r:���r:� : PRESIDENT 1:�DOC100083\0008301 I.00�Prj specs\SectS. wpd PROPOSAL BOND (Not to be filled out if a certified check is submitted) KNOWN ALL MEN BY THE,SE PRESENTS: That we, the undersigned, as Principal, and as Surety, are held and firmly bound unto the City of Clearwater, Florida, in the sum of Dollars ($ )(being a minimum of 10% of Contractor's total bid amount) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. The condition of the above obligation is such that if the attached Proposal of , and specified as: as Principal, as Surety, for work , all aS stipulated in said Proposal, by doing all work incidental thereto, in accordance with the plans and , specifications provided herefor, all within Pinellas County, is accepted and the contract awazded to the above named bidder, and the said bidder shall within ten days after notice of said award enter into a contract, in writing, and furnish the required Performance Bond with surety or sureties to be approved by � the City Manager, this obligation shall be void, otherwise the same shall be in full force and virtue by law and the full amount of this, Proposal Bond will be paid to the City as stipulated or liquidated damages. I, Signed this � day of � (Principal must indicate whether eorporation, partnership, company or mdividual) � The person signing shall, in his own � handwriting, sign the Principal's name, his own name and his title; the person signing for a cocporation � must, by �davit, show his authority to bind the corporation. � � 19 Principal By: Title Surety � .Section V V — g J:�D0C1(�083U)0083011.00�Prjspecs�SectS.wpd AFFIDAVIT (To be filled in and executed if the bidder is a corporation) STATE OF FLORIDA COUNTY OF ) ) being duly sworn, deposes and says that he/she is Secretary of a corporation organized and existing under and by virtue of the laws of the State of Florida, and having its principal office at: Street & Number City County State Affiant further says that he is familiar with the records, minute books and by-laws of (Name of Corporation) �ant further says that is (Officer's Name) (Title) of the corporation, is duly authorized to sign the Proposal for for said corporation by virtue of (state whether a provision of by-laws or a Resolution of the Boazd of Directors. If by Resolution give date of adoption.) Sworn to before me this day of 19 �ant Notary Public Type/prindstamp name of Notary Title or rank, and Serial No., if any Section V V- 9 J:�DO(,'�00083�00083011.00�Prjspecs�SectS.wpd NON-COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF deposes and says that he is being, first duly sworn, of , the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive or sham: that said bidder is not financially interested in or otherwise �liated in a business way with any other bidder on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or �ant or any other bidder, or to fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any advantage against the City of Clearwater, Florida, or any person or persons interested in the proposed contract; and that all statements contained in said proposal or bid are true; and further, that such bidder has not directly or indirectly submitted this bid, or the contents thereof, or divulged information or data relative thereto to any association or to any member or agent thereof. Sworn to and subscribed before me this day of Aff'iant ,19 Notary Public Section V V- 10 J:1DOC100083\00083011.00�Prjspecs\SectS.wpd PROPOSAL (1) TO THE CITY OF CLEARWATER, FLORIDA, for and doing such other work incidental thereto, all in accordance with the contract documents, marked Every bidder must take notice of the fact that even though his proposal be accepted and the documents signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract without a certiiicate from the Finance Director that funds are available to cover the cost of the work to be done, or without the approval of the City Attorney as to the form and legality of the contract and all the pertinent documents relating thereto having been approved by said City Attorney; and such bidder is hereby charged with this notice. The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties interested in this Proposal, are named in this Proposal, that he has carefully examined the Ad�ertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications, General Conditions, Special Provisions, and Contract Bond, that he or his representative has made such investigation as is necessary to deternune the character and extent of the work and he proposes and agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or apparatus, do all the work required to complete the contract within the time mentioned in the General Conditions and according to the requirements of the City of Clearwater, Florida, as herein and hereinafter set forth, and furnish the required surety bonds for the following prices to wit: Section V V- 11 J:�DO(.100083�00083011.00�Prjspecs\SectS.wpd PROPOSAL �2) If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may, at its option deternune that the undersigned has abandoned the contract, and thereupon this Proposal shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to become the property of the City of Clearwater, Florida, and the full amount of said check shall be retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the City as stipulated or liquidated damages; otherwise, the bond or certiiied check accompanying this Proposal, or the amount of said check, shall be retumed to the undersigned as specified herein. Attached hereto is a bond or certified check on Bank, for the sum of ($ ) (being a minimum of 10% of Contractor's total bid amount). The full names and residences of all persons and parties interested in the foregoing bid are as follows: (ff corporation, give the names and addresses of the President and Secretary. ff firm or partnership, the names and addresses of the members or partners. The Bidder shall list not only his name but also the name of any person with whom bidder has any type of agreement whereby such person's improvements, enrichment, employment or possible benefit, whether sub-contractor, materialman, agent, supplier, or employer is contingent upon the awazd of the contract to the bidder). NAMES: ADDRESSES: Signature of Bidder: (The bidder must indicate whether Corporation, Partnership, Company or Individual). � � I� Section V V- 12 1:�DOC100083\00083011.00�Pry'specs\SectS.wpd PROPOSAL (3) The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title. Where the person signing for a corporation is other than the President or Vice-President, he must, by aff davit, show his authority, to bind the corporation. : Business Address of Bidder: City and State: Dated at Title: this day of Zip Code A.D.,19 Section V V- 13 1:1DOC10008310W83011.00�Prjspecs�SecCS.wpd ! � , � , � , � � , � , , , � � , , i PROJECT: CITY OF CLEARWATER ADDENDUMSHEET Acknowledgment is hereby made of the following Addenda received since issuance of Plans and Specifications. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Section V Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: (Name of Bidder) (Signature of Officer) (Title of Officer) (Date) V — 14 1:�D0(.'100083\00083011.00�Prjspecs�.SectS.wpd PROPOSAL PROJECT: ALLEN'S CREEK WATERSHED REHABII.ITATION PROJECT AT HERCULFS AVENUE oim�s 1238 PM ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE 1 Mobiliza6on LS 1 2 Maintenance of Tr�c IS 1 3 Clearin and Gcubbin LS 1 4 Gradin LS 1 5 Staked Silt Barriers LF 3600 6 Floatin 'Ilubidi Barriers LF 200 7 FII Material CY 4000 8 Faccavation, Channel CY 15000 9 Excavaaon, Center Cell CY 23000 10 Ezcavation, South Cell CY 3000 11 Stabilization, T B, LBR 40, 12"'[Tiick SY 700 12 Roadwa Base, limerock, Primed, 6" Thick SY 600 13 As halt Concrete, PC-3, 1.5" Surface Course SY 550 14 As halt Concrete T PC-3, Contin enc TON 50 15 Beddin Material Ccushed Stone Contin enc TON 100 16 Concrete Swctures, C7ass II retainin walls CY 65 17 Concrete Stcuctures, Class II abutments CY 24 18 Concrete, Class II ConUn enc CY 50 19 Concrete C�ub, T F L.F 30 20 Sidewalk, Concrete, 6"'Iliick SY 1740 21 Sidewalk, Concrete, 4"'Iliick SY 60 22 Ri Ra , Cnaded, with Flter Fabric TON 200 23 Ctiub Inlet, T PS EA 1 24 . Pi CLlvert, Concrete, Round 1 S" ID LF - 8 25 Pi (�lvert, Concrete Round 24" ID LF 80 26 Pi (�Ivert, Conaete, Elti tica134" z 53" ID L.F 42 27 End Section, Mitered 18" RCP EA 1 28 End Section, Mitered 30" R�P EA 1 29 End Section Mitered 34" z 53" ERCP EA 2 30 Seedin and Mukhin SY 5000 31 Soddin , Bahia SY 20000 32 Sl Pavin , Interlockin Block Mats SY 5000 33 Slo Pavin , Cellular Confinement S tem SY 250 34 Brid e Structure Steel, 50.foot S an EA 1 35 Brid e SuucWre Steel, 60-foot S an EA 1 36 PiGn , Prestressed Concrete, Fumished and Driven LF 200 37 Pitin , S lices EA 4 38 Wheel St s, Concrete EA 10 39 Surve Control LS 1 40 Material Testin IS 1 41 Stock ile Site Mana ement LS 1 42 Si ns, Pro'ect Identification EA 1 43 Pi Handrail, Aluminum Pi LF 250 44 Office for the En ineer LS 1 45 Miscellaneous Allowance, Contin enc 1096 LS 1 CONTRACfOR: BIDDERS TOTAL $ �eexs� BIDDERS TOTAL S �waeus� ine n�aaers caai aoove �s ms �o� oia oasea on ms um� pnces ana �ump sum pr�ces ana me esumatea quannnes requvea. tms hgure �s tor mrormahon only at the time of opening bids. 'Ihe City will make the tabulation from the unit prices and lump sum price bid. If there is an erra in the total by the bidder , it shall be changed as only the unit prices and lump sum price shall govern. V-15 11DOCb0(IRJbIXINl011.IXMR15PECSlBNTAB I.W K< SE�TION VI SECTION VI . 2. � 3. � , � , i � � SPECIAL PROVISIONS STANDARD SPECIFICATIONS The standard Speciiications to be used for this work shall be the latest edition of the Florida Department of Transportation (FDOT) "STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION", and all Supplemental Speciiications thereto, hereinafter referred to as the "Standard Specifications", except as amended under FDOT this Contract. Certain provisions of Division I of the "Standard Specifications" will be incorporated by specific reference; those not so incorporated are not a part of this contract when reference is made to a Division, Section or Article, it shall mean a Division, Section or Article of said "Standard Specifications." All asphalt construction shall be done in accordance with the latest edition of the Pinellas County, Florida "SPECIFICATIONS FOR HOT BITUMINOUS MIXTURES. PLANT METHODS, EQUIPMENT AND CONSTRUCTION METHODS". CONSTRUCTION STAKING All construction staking and survey work shall be performed by a Registered Land Surveyor, unless otherwise approved. MATERIALS A. Delivery Tickets: It will be necessary to submit a copy of all delivery tickets for materials used on the project, regardless of the basis of payment. B. Job Mix Formula for Asphaltic Concrete: Attention is directed to the provisions of the Pinellas County, Florida "SPECIFICATIONS FOR HOT BITUMINOUS MIXTURES, PLANT METHODS, EQUIPMENT AND CONSTRUCTION METHODS" latest edition, which require the submission of job mix formulas for asphaltic concrete, of the type specified, at least 14 days before plant operations begin. The submitted formula should be derived, or approved, by the laboratory approved by the Owner to make test on the Project. Costs for such job mix formulation will be paid by the Contractor directly to the assigned laboratory. C. Job Mix Formula for Portland Cement Concrete: Attention is directed to the requirement that job mix design formulas for all Portland Cement Concrete, of the type speciiied, be submitted at least 14 days prior to use on the project. The submitted formulas shall be derived or approved by the Owner and/or its agents. All concrete mix designs shall meet FDOT Concrete Class mix guidelines, except as follows: WHEN APPROVED, IN WRITING BY THE ENGINEER, an Alternate Class I Concrete mix design formula, for concrete curb and gutter to be placed by � Section VI � VI-1 ]:�DOC10U083�00083011.00�Prjspecs�.Special Lwpd � � automated curb machines, may show, as a substitution for #57 aggregate, an amount of #89 aggregate not to exceed 33 percent, by weight, of the #57 aggregate. MATERIAL TESTING Cost of all required laboratory testing shall be borne by the Contractor, including the cost of a11 re-testing due to defective materials or construction. Testing shall be in accordance with the applicable portions of Section 6 of the "Standard Speciiications" and these specifications. The Contractor shall obtain the services of an approved Geotechnical Engineer to stipulate the required boring driven depth for the bridge abutments. A summary report shall be submitted with the boring information and recommendations before piles are ordered for the project. MEASUREMENT AND PAYMENT A. B. C. All work completed under the terms of this contract shall be measured according to United States Standard Measures. All measurements shall be taken horizontally or vertically unless specifically provided otherwise. No payment will be made for construction over a greater area than authorized, nor for material moved from outside of stakes and data shown on the plans, except when such work is performed upon instructions of the Engineer. D. The Contractor shall accept compensation provided under the terms of this contract as full payment for furnishing all materials and for perfornung_all work contemplated and embraced under this contract. Such compensation shall also be for any and all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen difficulties or obstructions encountered during the contract period until final acceptance by the Owner. E. Whenever any change, or combination of changes, on the plans results in an increase or decrease in the original contract quantities, and the work added or decreased/eliminated is of the same general chazacter as that called for on the plans, the Contractor shall accept payment in full at the original contract unit prices for the actual quantity of work performed, with no allowance for any loss of anticipated profits. F An�quantitv item not indicated in the Bid Proposal List but shown on the Plans shall be included as part of the lump sum quantity for Mobilization. Seetion VI VI-2 1:�D0(.\00083�00063011.00�PrjspecslSpeciall.w�a G'� 7. 8. G. It is the Contractor's responsibility to perform a detailed quantity take-off from the plans to determine actual quantities for ordering and delivery purposes. The Owner will not be responsible for quantities ordered in excess of those installed and constructed H. Bid Schedule Completion - the blank spaces in the bid schedule shall be filled in correctly where indicated for each and every item for which a description is given, as the bidder must state the unit prices for which he proposes to do each part of the work contemplated, and the total price for all the parts included in any or all of the combinations of the work. In case of a discrepancy, the written words for "unit price", where stated, shall be considered as being the unit price. If the bid schedule does not use the written words for the unit price, then the numerically correct "total price", shall be considered as being the total price. COOPERATION WITH UTILITY OTHERS The Contractor shall cooperate with the owners of any underground or overhead utility lines in their removal and rearrangement operations, in order that these operations may progress in a reasonable manner and that service rendered by these parties will not be interrupted. The Owner shall not be responsible for costs associated with delays, disruptions and remobilizations attributed to utility agency scheduling. GUARANTEE All work shall be guaranteed for 12 months after completion and acceptance of the work unless otherwise specified. The guarantees aze to be construed as being supplemental in nature and in addition to any and all other remedies available to the Owner under the laws of the State of Florida. PRIORITY In any instance where there is an appazent conflict between these special provisions and the corresponding terms of the "Standard Specifications", these provisions shall be controlling. 9. - COMPLIANCE WITH THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) STORMWATER MANAGEMENT AND DISCHARGE PERMIT REQUII2EMENTS AND/OR THE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) DREDGE AND FILL PERMIT REQUIREMENTS Southwest Florida Water Management District Stormwater Management and Discharge permits or exemptions, if any, and/or a Department of Environmental Protection Dredge and Fill permit, if any, required for this project have been obtained by the Owner. The Contractor shall comply with the stipulations of the Permits or Exemptions as stated herein. The Contractor shall allow periodic inspection of the work by authorized representatives of the Department of Environmental Protection, the Southwest Florida Water Management District, as well as other duly authorized law enforcement officers of the State. � Section VI � VI-3 1:�D0(.100083W008301 l.00�Prj specs�S pecial l. wpd i� �� � The Contractor shall provide the Engineer with a copy of the time schedule of project construction for forwarding to SWFWMD and/or DEP before beginning any work authorized by the permit. � The Owner will furnish the Contractor the Permit Document which shall be posted in a conspicuous location at the work site during the entire period of the work. The permit document shall be readily available at the project site to any duly authorized representative � of DEP, SWFWMD or other duly empowered law enforcement agency who may wish to enter the work area for the purpose of ascertaining compliance with the terms of this permit. The Contractor shall, upon completion of the construction, return the Permit Document to the Owner. , The Contractor shall not remove and/or place more material or exceed the limits of construction authorized by the Permit. Any unauthorized deviation from the approved drawings, Specifications and conditions of the permit shall constitute grounds for permit � revocation and enforcement action by DEP and/or SWFWMD. Any conflicts between the Permit and construction plans or Specifications shall be pointed out to the Engineer in writing. �� � � � � � The Contractor shall exercise extreme care during construction activities to avoid damaging or adversely affecting the personal or property rights of others. -• The Contractor shall assume and accept all responsibility and liability for and agrees to save DEP, SWF�VMD and all their employees harmless from all claims of damage arising out of operations conducted pursuant to the permit. The Contractor shall not violate the Water Quality Standards as specified in Chapter 17-3, 17-4 and 17-25 Florida Administrative Codes, including but not limited to: 17-3.02 Minimum Conditions of All Waters, Times and Places; 17-3.05 Water Quality Standards; Specifics; and 17-3.09 Criteria: Class III Waters - Recreation, Propagation and Management of Fish and Wildlife The Contractor shall not allow the turbidity to exceed 29 Nephelometric Turbidity Units � (NTLJ's) as related to standazd candle turbidimeter above background or exceed turbidity limits as dictated by the Department of Environmental Protection (DEP). The Contractor is required to have a functional turbidity meter on the job site at all times along with personnel � to operate this meter. Turbidity samples will be taken as directed by the Owner or his representative. � , Section VI � VI-4 J:�DO(.100083\00083011.00�Prj specslS pecial l. wpd � � , � � When a turbidity violation is noted, the Contractor shall be required to implement sampling after corrective actions have been taken. The samples shall be taken in the same manner as routine monitoring is done. If samples indicate that the water quality standard for turbidity is still being violated, sampling shall continue at two hour intervals until the samples indicate no violation is present. In no case shall operations resume until a set of samples has been taken which indicates that the water quality standard for turbidity is no longer being violated. All turbidity monitoring data shall be submitted as soon as possible after collection. The Owner will allow a maximum of a one week period for submittal of data which indicates no violations of the standard. Monitoring data shall normally be submitted within one week of analysis with documents containing the following information as a minimum: (1) permit number; (2) dates of sampling and analysis; (3) a statement describing the methods used in collection, handling, storage and analysis of the samples; (4) a map indicating the sampling locations and (5) a statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy of the data. Monitoring reports shall include, but not be limited to, the following information for each sample that is taken: (1) i2) (3) (4) (5) (6) time of day samples taken; depth of water body; depths of samples; antecedent weather conditions; tidal stage and direction of flow; and wind direetion and velocity. If monitoring reveals appazent violations of the state water quality standazd for turbidity, dredging activities shall cease immediately and not resume until conective measures have been taken, turbidity has returned to acceptable levels, and a compliance inspection by DEP Department personnel has been conducted. The Contractor shall not disturb any wetland species until after all desirable species have been relocated by others as directed by the Engineer. � The Contractor shall be required to use erosion control barriers upstream and downstream of the project. Construction of erosion control barriers shall be in accordance with plans and Specifications. I� L�] � � The Contractor shall use a qualifed testing lab to perform the required monitoring as stipulated in the permit conditions. The Contractor shall be required to cooperate with the Section VI VI-5 1:�D0C.'100083�00083011.(�Prjspecs�Speciall.wpd i� �� I� �� testing lab performing the monitoring and shall provide adequate space for storage of any testing equipment which may be needed at the job site. If the above mentioned monitoring reveals apparent violations of the State Water Quality Standazds for turbidity, construction activities shall cease immediately as directed by the Engineer. � The Contractor shall perform all work in strict accordance with the permit, plans and Specifications. Any violation of or failure by the Contractor to comply with this permit will subject the Contractor to liability for damages caused to the waters or property, including � animal, plant and aquatic life of the State, restoration of the waters and property to their former condition, and civil penalties in the amount of ten thousand dollars ($10,000) for each day for which the violation occurs. � Copies of the DEP License or Exemption andlor a Dredge and Fill permit issued to the Owner aze available to the Contractor upon request by contacting the Owner. 10. SITE INVESTIGATION The Contractor acknowledges that he has satis�ed himself as to the nature and location of � the work; the general and local conditions, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials; availability of labor, water, electric power, roads; and uncertainties of weather, river stages, tides or similar physical � conditions at the site; the conformation and conditions of the ground; the chazacter of equipment and facilities needed preliminary to and during prosecution of the work. The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered, insofar as this information presented by the drawings and Specifications made a part of this contract. Any failure by the Contractor to acquaint himself with the available information will not relieve him from responsibility for estimating properly the difficulty or cost of successfully perfornung the work. The Owner assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the Owner. The Owner also assumes no responsibility for any understanding or representations made by its officers or agents during or prior to the execution of this Contract, unless (1) such understanding or interpretations aze made in writing by the Engineer or aze expressly stated in the Contract and (2) the Contract expressly provides that the responsibility therefore is assumed by the Owner. , Section VI � VI-6 1:�D0(,100083W008301 l.00�Pry'specs\S pec ial 1. wpd 11. CONTRACTOR/SUBCONTRACTOR WORK EXPERIENCE AND QUALIFICA TIONS The Contractor or subcontractors shall have three years minimum experience in their particular trade and shall provide a minimum of three references relating speciiically to the type of work that shall be performed for this project. The Contractor shall assure that all superintendents, foremen and workmen are competent, cazeful and reliable. All workmen must have sufficient skill and experience to properly perform the work assigned them. All workmen engaged on special concrete bases, pavements or structures, or in any trade, shall have had sufficient experience in such work to perform it properly and satisfactorily and to operate the equipment involved, and shall make due and proper effort to execute the work in the manner prescribed in the Speciiications, or the Engineer may take action as prescribed below. Whenever the Engineer has determined that any person is incompetent, unfaithful, intemperate, disorderly or insubordinate, such person shall upon notice, be discharged from the work and shall not again be employed on it except with the written consent of the Engineer. Should the Contractor fail to remove such person or persons the Engineer may withhold all estimates which aze or may become due, or may suspend the work until such orders are complied with. Within ten days after the award of any subcontract, either by himself or a subcontractor, the Contractor shall deliver to the Engineer a statement setting forth the name and address of the subcontractor and a summary description of the work subcontracted: � The Contractor shall be as fully responsible to the Owner for acts and omissions of his subcontractor and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. - 13. PROJECT SIGN Project identification sign shall be constructed and maintained as shown on the drawings. The Contractor will be responsible for maintaining and relocating the project sign(s). 14. DEWATERING General: No sepazate payment shall be made for dewatering and the cost of such work shall be included in the applicable pay item (i.e., unit cost of pipe, etc.), unless otherwise provided under sepazate section of these Specifcations. No dewatering is proposed for the project. Any proposed dewatering plans must have written approval by the Engineer prior to implementation. This plan shall include design computations, layout, type, and spacing of dewatering devices, number and size of pumps Section VI VI-7 1:�DOC100083�00083011.00�PrjspecslSpeciall.wpd � 15 and other equipment, with a description of the installation and operating procedures. If the contractor has to dewater for any reason, it shall be in strict accordance with the geotechnical report as follows: 2. 3. 4. 5. 6. 7. Estimated radius of influence is 150 feet from proposed pond bottom. Use recharge wells during dewatering activities. The recharge wells should be located near the residential property boundaries. The rechazge wells should consist of screened well points at approximate depth of 20 feet at a spacing of 10-foot centers. The rechazge would continuously pump water into the well points from the dewatering areas. The rechazge should maintain a 6-inch maximum lowering of groundwater. Monitor wells should be used to observe the groundwater fluctuations. Dewatering activities should be stopped temporarily if the groundwater level drops below 1 foot of static water level prior to dewatering. Cleanun: Upon completion of the dewatering work, the Contractor shall remove all equipment and leave the project site in a neat, clean, and acceptable condition, satisfactory to the Owner, Project Manager or their agents. Wellpoint holes and excavations shall be adequately backfilled and compacted to prevent settlement. SHEETING AND BRACING General: � No sepazate payment shall be made for sheeting and bracing and the cost of such work shall be included in the applicable pay item unless otherwise provided under�sepazate section of , � L _J � , �� � LJ these Specifications. . Sheetin�: Open-cut trenches shall be sheeted and braced as required by applicable regulatory agency or state law and municipal ordinances, and as may be necessary to protect life, property, or the work. The Contractor is responsible for all safety aspects of the construction project including the protection of workers in open trenches. When close sheeting is required, it shall be so driven as to prevent adj acent soil from entering the trench either below or through such sheeting. Where sheeting and bracing are used, the trench width shall be increased accordingly. Sheeting and bracing which have been ordered left in place must be removed for a distance of two (2) feet below the final street grade or the existing surface of the street, whichever is lower, or as directed by the Engineer. Trench bracing, except that which is ordered left in place, will be removed when the backfilling has reached a level to safely stabilize the sheeting. Sheeting, except that which has been left in place, may be removed after the Section VI VI-8 1:�D0(.100083�00083011.Q0�P�jspecslSpeciall.wpd backf'illing has been completed or has been brought up to such an elevation as to permit safe removal. Sheeting and bracing may be removed before backf'illing the trench, but only in such manner as will insure the adequate protection of the completed sewer structures and adjacent underground or surface structures and as to prevent the disturbances of adjacent ground. Trench Limits: If plans do not indicate trench limits, the contractor shall adhere to the following minimum trench limits unless otherwise approved: 1) Top of trench shall be no closer than 20-feet from face of existing buildings. 2) Top of trench shall be no closer than 10-feet from existing right-of-way. 16. EROSION CONTROL The Contractor shall place staked silt barriers and floating turbidity barriers to prevent erosion and the migration of sediment. The barriers shall be in accordance with plans and FDOT index nos. 102 and 103. The Contractor shall install, re-establish and maintain all barriers to control erosion. Floating turbidity barriers shall be re-established every 200 feet downstream of proposed channel work. The Contractor shall remove all silt accumulation as work progresses. 17. CONSTRUCTION SEQUENCE The Contractor shall submit a construction sequence schedule to the Engineer for approval prior to beginning construction. All available upland azeas aze available for temporary stockpile locations. 18. SOIL CONDITIONS - • The Contractor shall familiarize themselves of the existing soil conditions. Refer to the Soil Boring Log Sheet in the plans and the geotechnical report that is available from the City. � 19. TREE REMOVAL PERMIT The Contractor shall obtain all necessary tree permits prior to any tree removal. � 20. EARTHWORK Quantities included represent estimated in-place quantities and do not include shrinkage and expansion factors. Payment shall be made on actual earthwork quantities. � � � 21. OTHER PERMITS The Contractor shall comply and adhere to conditions stipulated in other project related permits. It is the Contractor's responsibility to request or obtain a listing of available required permits for this project. � Section VI I � VI-9 J:�DOC100083\0008301 l.00�Prj specs\S pecial l.wpd � � 22. � � PLANTINGS All proposed plantings, plant monitoring and plant maintenance shall be completed by a separate plantinQ contractor to be selected by the City. This includes the selective clearing and grubbing for the West Cell azea. The Project Contractor shall be responsible for all grading according to the contours and elevations as shown in the plans. All elevations shall be certified by the project contractor before the planting contractor begins work on site. The grading contractor shall closely coordinate with the planting contractor. This shall '� include scheduling the bank grading and associated plantings. All graded azeas shall be planted within a 30 day time frame. � 23. AUDIO/VIDEO TAPE OF WORK AREAS_ I� This project will not require the preparation of an audio/video tape of work azeas. Contractor to Prepare Audio/video Tape - Prior to commencing work, the Contractor shall � have a continuous color audio/video tape recording taken along the entire length of the Project including all affected project areas. Streets, easements, rights-of-way, lots, residents or construction sites within the Project must be recorded to serve as a record of a , pre-construction conditions. One copy of tape recordings and video log will be submitted to the City. The ENGINEER shall designate those azeas, if any, to be omitted from or added to the audio-visual coverage. All tapes and written records shall become property of the City. , L.J � Schedulin� of Audio/video Tave - No construction shall begin prior to review and approval � of the tapes covering the Project construction area(s) by the City. The City shall have the authority to reject all or any portion of a video tape not conforming to specifications and order that it be redone at no additional charge. The Contractor shall reschedule unacceptable coverage within seven days after being notified. Tape recordings shall not be made more than 45 days prior to construction in any area. � Professional Videog_raphers - The Contractor shall engage the services of a professional videographer. The color audio-video tapes shall be prepazed by a responsible�commercial firm known to be slalled and regulazly engaged in the busmess of preconstruction color , audio-video tape documentation. The videographer through the Contractor shall furnish to the Engineer a list of all equipment to be used for the audio-video taping, i.e., manufacturer's name, model number, specifications and other pertinent information. � � � � � Additional information to be furnished by the videographer is the names and addresses of two references that the videographer has performed color audio-video taping for on projects of a similar nature within the last 12 months. Engineer's approval of the selected videographer is required prior to taking iirst audio-video tape. Section VI VI-10 1:�D0(100083�00083011.00�PrjspecslSpeciall.wpd Equipment - All equipment, accessories, materials and labor to perform this service shall be furnished by the Contractor. The total audio-video system shall reproduce bright, sharp, clear pictures with accurate colors and shall be free from distortion, tearing, rolls or any other form of imperfection. The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume, clarity and be free from distortion and interruptions. In some instances, audio-video tape coverage may be required in areas not accessible by conventional wheeled vehicles. Such coverage shall be obtained by walking. The color video camera used in the recording shall be of Industrial Grade and shall have EIA Standard NTSC type color - 1.OV 75 OHMS. Video output from camera shall be capable of horizontal resolution of 3501ines at center and utilize a minimum of 8:1 zoom with a 2/3" Newvicon tube or CCD pick-up element for optimum color imagery plus minimum lag through of one foot candle. The recording shall be made with Industrial Grade VHS recorder, utilizing ElA Standazd(525 lines, 60 fields)NTSC color signal, RF Modulated 72 dB. The video cassette tape used for the recordings shall be 1/2", high resolution, extended still frame capable, color VHS. The video cassette shall be new and thus shall not have been used for any previous recording. The recorded video tapes shall be compatible for playback with any American TV Standard VHS video cassette player. Recorded Information, Audio - Each tape shall begin with the current date, project name and be followed by the general location, i.e., viewing side and direction of progress. Accompanying the video recording of each video tape shall be a corresponding and simultaneously recorded audio recording. This audio recording, exclusively containing the commentary of the camera operator or aide, shall assist in viewer orientation and in any needed identification, differentiation, clariiication, or objective descr'rption of the features being shown in the video portion of the recording. T'he audio recording shall also be free from any conversations. Recorded Information - Video - All video recordings must continuously display transpazent digital information to include the date and time of recording. The date information shall contain the month, day and year. The time information shall contain the hour, minutes and seconds. Additional information shall be displayed periodically. Such information shall include, but not be limited to, project name, contract number, direction of travel and the viewing side. This transparent information shall appear on the extreme upper left hand third of the screen. Camera pan, tilt, zoom-in and zoom-out rates shall be sufficiently controlled such that recorded objects will be clearly viewed during video tape playback. In addition, all other camera and recording system controls, such as lens focus and aperture, video level, pedestal, chrome, white balance, and electrical focus shall be properly controlled or adjusted to maximize picture quality. The construction documentation shall be recorded in SP mode. Viewer Orientation - The audio and video portions of the recording shall maintain viewer orientation. To this end, overall establishing views of all visible house and business addresses shall be utilized. In areas where the proposed construction location will not be readily apparent to the video tape viewer, highly visible yellow flags shall be placed, by the Section VI VI-11 1:�DOC100083�00083011.00�Prjspecs�Speciall.wpd � , � � I� Contractor, in such a fashion as to clearly indicate the proposed center line of construction. When conventional wheeled vehicles are used as conveyances for the recording system, the vertical distance between the camera lens and the ground shall not exceed 10 feet. The camera shall be iirmly mounted such that transport of the camera during the recording process will not cause an unsteady picture. Lightin�- All taping shall be done during time of good visibility. No taping shall be done during precipitation, mist or fog. The recording shall only be done when sufficient sunlight is present to properly illuminate the subjects of recording and to produce bright, sharp video recordings of those subjects. � �eed of Travel - The average rate of travel during a particular segment of coverage shall be directly proportional to the number, size and value of the surface features within that construction areas zone of influence. The rate of speed in the general direction of travel of � the vehicle used during taping shall not exceed 44 feet per minute. � Video Lo index - All video tapes shall be permanently labeled and shall be properly identified by video tape number and project title. Each video tape shall have a log of that video tape's contents. The log shall describe the various segments of coverage contamed on , the video tape in terms of the names of the streets or location of easements, coverage beginning and end, directions of coverage, video unit counter numbers, engineering survey or coordinate values (if reasonably available) and the date. � � � � � � LJ � � Area of Couera�e - Tape coverage shall include all surface features located within the zone of influence of construction supported by appropriate audio coveiage. Such coverage shall include, but not be limited to, existing driveways, sidewalks, curbs, pavements, drainage system feat�res, mailboxes, landscaping, culverts, fences, signs; Contractor staging areas, adjacent structures, buildings, homes, etc. within the area covered by the project. Of particular concern shall be the existence of any faults, fractures, or defects. Taped coverage shall be limited to one side of the Site, street, easement or right of way at any one time. Costs of Video Services - The cost to complete the requirements under this section shall be included in the contract items provided in the proposal sheet. There is no separate pay item for this work. VI-12