TECHNICAL SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CLEARWATER EXOTIC AND INVASIVE SPECIES CONTROL PROJECT (04-0010-EN)1
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TECHNICAL
SPECIFICATIONS
AND
CONTRACT DOCU M ENTS
for
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CLEARWATER EXOTIC AND
� INVASIVE SPECIES CONTROL
PRO�ECT (04-0010-EN)
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MARCH, 2004
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ADDENDUM NO. 2
FOR
CLEARWATER EXOTIC & INVASIVE SPECIES CONTROL PROJECT
CITY OF CLEARWATER, FLORIDA
City Project No. 04-0010-EN
DATE: April 6, 2004
' SUBJECT: Addendum No. 2
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TO: Prospective Bidders and Others Concerned
1. Section IV Technical Specifications, Section F, 1), b. revised as follows: with the
exception of Area 7, Long Center, all produced debris may be chipped and distributed on
upland areas of each site.
2. Section IV Technical Specifications, Section B, revised as follows: with the exception of
Area 7, Long Center (as noted on new bidding schedule), delete Ear Tree (Enterolobium
cyclocarpum) from the listed species for removal.
3. All Punk trees (Melaleuca quinquenervia) shall be removed (regardless of their size)
from every site. Do not bid each tree separately; include them with the bid for each site.
4. Area 6, Northeast Coachman Park- clarification- only the area hatched on the aerial
map is included.
5. Section IV Technical Specifications, Scope of Work, paragraph two, revised as follows: It
is the contractor's responsibility to remove whatever amount of invasive, exotic vegetation
necessary to accomplish total eradication on all of the properties within 270 days (nine
months) of the contract award date. The contract award date is 5-20-2004.
6. A new, revised bidding schedule is attached.
END OF ADDENDUM #2
THE CITY OF CLEARWATER
PINELLAS COUNTY, FLORIDA
Bv: /s/William B. Horne, II
City Manager
BID SCHEDULE — UNIT PRICES/PROJECT NUMBER: 04-0010-EN
PROJECT: CLEARWATER EXOTIC & INVASIVE SPECIES CONTROL PROJECT
BID TABULATION TABLE
BID ITEM
WITH DEBRIS Chipping on site
1. Winding Woods-Cypress Bend
2. Cliff Stephens Paxk
3. Lake Chautauqua
4. Drew St. & Bayview
5. Wetland Enterprise Road
6. Northeast Coachman Park
7. Long Center with debris removal
8. #1-Ear Tree(sewer line)Long Center
9. Herbicidal follow-up treatments
10. Project signs
*LUMP SiTM
COMPANY NAME
ADDRESS
PHONE #
FAX #
UNIT QUANTITY
LS*
LS*
LS*
LS*
LS*
LS*
LS*
LS*
LS*
EACH
1
1
1
1
1
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1
3
UNIT TOTAL
PRICE
Subtotal
Contingency: 10% of lump sum total
TOTAL COST
BIDDER'S GRAND TOTAL $ (Numbers)
BIDDER'S GRAND TOTAL $ (Words)
ALL CONTRACT WORK MUST BE COMPLETED WITHIN 270 DAYS FROM THE
CONTRACT AWARD DATE. THE BIDDER'S TOTAL ABOVE IS HIS TOTAL BID BASED
ON HIS LTNIT PRICES AND THE LUMP SUM PRICES AND THE ESTIMATED
QUANTITES REQUIItED. THIS FIQURE IS FOR IlVFORMATION ONLY AT THE TIME OF
OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE LJNIT PRICES
AND LUMP SUM PRICE BID. IF THERE IS AN ERROR 1N THE TOTAL BY THE BIDDER,
IT SHALL BE CHANGED AS ONLY THE iJNIT PRICES AND LUMP SUM PRICE SHALL
GOVERN.
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ADDENDUM NO. 1
FOR
CLEARWATER EXOTIC & INVASIVE SPECIES CONTROL PROJECT
CITY OF CLEARWATER, FLORIDA
City Project No. 04-0010-EN
DATE: March 30, 2004
SUBJECT: Addendum No. 1
TO: Prospective Bidders and Others Concerned
1. The Bid Opening date has been changed to Wednesday, April 21, 2004.
2. An on site meeting is scheduled for Monday, April 5, 2004 at 1:OOpm at the Clearwater
Long Center (Area 7).
3. The Clearwater Long Center, located at 1501 North Belcher Road, Clearwater, FL
33765, is an additional site and must be bid separately.
4. A new bidding schedule is attached.
5. Seven aerial maps are attached delineating project areas and acreage.
6. All questions must be submitted to the project manager, Heather Faessler, by Friday,
April 9, 2004.
7. The project manager must be notified before any work begins in wetland areas.
8. A clearing and grubbing permit is required for all sites (fee will be waived in the Planning
Department).
9. Erosion and sediment control methods must be installed adjacent to any wetland areas.
10. In wetland areas, only chainsaw and hand removal is permitted. Heavy equipment (i.e.
bushhog) may be used in upland areas if the use results in minimal impacts to
desired/native plant species. All debris must be hauled off site and disposed of properly.
Herbicidal control must be applied on any exotic vegetation stumps remaining after the
mechanical removal to prevent re-growth.
11. A qualified biologist or wetland scientist is an acceptable substitution for a certified
arborist to oversee this project and must be available to City staff for any questions.
12. No pre-qualification with the City of Clearwater is necessary to bid on this project.
13. A formal budget has not been determined at this time.
END OF ADDENDUM #1
THE CITY OF CLEARWATER
PINELLAS COUNTY, FLORIDA
Bv: /s/William B. Horne, II
City Manager
BID SCHEDULE — UNIT PRICES/PROJECT NUMBER: 04-0010-EN
PROJECT: CLEARWATER EXOTIC & INVASIVE SPECIES CONTROL PROJECT
BID TABULATION TABLE
BIDITEM U1�TIT QUANTITY
1. Winding Woods-Cypress Bend
2. Cliff Stephens Park
3. Lake Chautauqua
4. Drew St. & Bayview
5: Wetland Enterprise Road
6. Northeast Coachman Park
7. Long Center
8. Herbicidal follow-up treatments
9. Project signs
*LUMP SUM
COMPANY NAME
ADDRESS
PHONE #
LS*
LS*
LS*
LS*
LS*
LS*
LS*
LS*
EACH
1
1
1
1
1
1
1
1
3
L7NIT TOTAL
PRICE
Subtotal
Contingency: 10% of lump sum total
TOTAL COST
CONTRACTOR INFORMATION
FAX #
BIDDER'S GRAND TOTAL $ (Numbers)
BIDDER'S GRAND TOTAL $ (Words)
ALL CONTRACT WORK MUST BE COMPLETED WITHIN 120 DAYS FROM THE
CONTRACT AWARD DATE. THE BIDDER'S TOTAL ABOVE IS HIS TOTAL BID BASED
ON HIS UNIT PRICES AND THE LUMP SUM PRICES AND THE ESTIMATED
QUANTITES REQUIRED. THIS FIQURE IS FOR INFORMATION ONLY AT THE TIME OF
OPENING BIDS. THE CITY WILL MAKE THE TABULATION FROM THE UNIT PRICES
AND LUMP SUM PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER,
IT SHALL BE CHANGED AS ONLY THE LJNIT PRICES AND LUMP SUM PRICE SHALL
GOVERN.
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ADVERTISEMENT OF BIDS & NOTICE TO CONTRACTORS
CLEARWATER EXOTIC & INVASIVE SPECIES CONTROL PROJECT
CONTRACT NO. 04-0010-EN
CLEARWATER, FLORIDA
Copies of the Contract Documents and Plans for this project are available for inspection and/or
� purchase by prospective bidders at the Municipal Services Bldg., Public Works Administration
Office, 2°d Floor, 100 S. Myrtle Ave., Clearwater, Florida, between the hours of 8:30 a.m. and 4:30
� p.m. Monday tluu Friday, on THURSDAY, MARCH 11, 2004, until no later than close of
business three days preceding the bid opening. A charge of $45.00, none of which will be refunded,
will be made for each set.
�` The work for which proposals are invited consists of the herbicidal and mechanical
controUremoval of exotic vegetation and transport of debris from properties located within the
� City of Clearwater. A certified arborist is required to oversee this project.
A MANDATORY Pre-Bid Conference has been scheduled for all prospective bidders to be
� held on MnNDAV, MARC'N 29, 2004. AT 10:00 A_M_ at the Municipal Services Building,
100 S. Myrtle Ave, lst floor, Human Resources Training Room #130, Clearwater, Florida.
Representatives of the Owner and Engineer will be present to discuss the pro�ect.
Sealed proposals will be received by the Purchasing Mana�er, at the Purchasing Office, located
at the Municipal Services Bldg., 100 S. Myrtle Ave., 3 Floor, Clearwater, Florida 33756-
5520, unti11:30 P.M. on FRTI)AV, APRTi. 16, 2004; and publicly opened and read at that hour
and place for CLEARWATER EXOTIC & INVASIVE SPECIES CONTROL PROJECT,
CONTRACT NO. 04-0010-EN.
� ALL OF THE TARGETED REMOVAL SITES ARE LOCATED WITHIN THE CITY OF
CLEARWATER, FLORIDA. THE WORK CONTEMPLATED UNDER THIS BID
� SHALL INCLUDE ALL EQUIPMENT, MATERIALS, LABOR AND NECESSARY
PERMITS TO PROVIDE FOR THE PROPER REMOVAL IN COMPLIANCE WITH
CITY, COUNTY AND STATE REQUIREMENTS.
� A complete bidders package containing plans, specifications, bond forms, contract form, affidavits
and proposal form is available only to contractors employing the services of a Certified
�Arboris�
,
A 10% bid bond is required for all City of Clearwater projects.
T'he right is reserved by the City Manager of the City of Clearwater, Florida to reject any or all bids.
� The Ci of learwater Fl ri
ty C , o da
,r, William B. Horne, II, City Manager
�
�
► 1 .
�F,C'TinN
I ADVERTISEMENT FOR BIDS &
NOTICE TO CONTRACTORS
II INSTRUCTION TO BIDDERS
COPIES OF BIDDING DOCUMENTS
QUALIFICATION OF BIDDERS
EXAMINATION OF CONTRACT
DOCUMENTS AND SITE
INTERPRETATIONS AND ADDENDA
BID SECURITY OR BID BOND
CONTRACT TIME
LIQUIDATED DAMAGES
SUBSTITUTE MATERIAL & EQUIPMENT
SUBCONTRACTORS
BID/PROPOSAL FORM
SUBMISSION OF BIDS
MODIFICATION AND WTTHDRAWAL OF BIDS
REJECTION OF BIDS
DISQUALIFICATION OF BIDDER
OPENING OF BIDS
LICENSES, PERMITS, ROYALTY FEES AND TAXES
IDENTICAL TIE BIDS/VENDOR
DRUG FREE WORKPLACE
ARTiC'i.F.
N/A
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
PA(:F
N/A
1
1
2&3
3
3&4
4
4
4
4&5
5
6
6
6
7
7
7
7&8
A June 2002
► 1
SF,�TinN
II INSTRUCTIONS TO BIDDERS CONTINUED:
AWARD OF CONTRACT
BID PROTEST
TRENCH SAFETY ACT
ARTT('T.F,
III GENERAL CONDITIONS
DEFINTTIONS
PRELIMIlVARY MATTERS
DELNERY OF BONDS AND CERTIFICATES OF INSURANCE
COPIES OF DOCUMENTS
COMMENCEMENT OF CONTRACT TIME;
NOTICE TO PROCEED; STARTING TI-iE PROJECT
BEFORE STARTING CONSTRUCTION
PRECONSTRUCTION CONFERENCE
CONTRACT DOCUMENTS, INTENT
INTENT
REPORTING & RESOLVING DISCREPANCIES
AVAII,ABILTTY OF LANDS; SUBSURFACE
AND PHYSICAL CONDITIONS; REFERENCE POINTS
AVAII,ABILTTY OF LANDS
INVESTIGATIONS AND REPORTS
PHYSICAL CONDI'TIONS; UNDERGROUND FACILITIES
18
19
20
1
2
2.1
2.2
2.3
2.4
2.5
3
3.1
3.2
4
4.1
4.2
4.3
PA(�F
8&9
9&10
10
1 THRU 4
4&5
5&6
6 THIZU 8
$ June 2002
� 1 .
�►
III GENERAL CONDITIONS CONTINUED:
REFERENCE POINTS
BONDSANDINSURANCE
PERFORMANCE AND PAYMENT
BOND/CONTRACT BOND
INSURANCE
Worlmien's Compensarion Insurance
Public Liability & Property Damage
Longshore & Harbor Worker's Compensation
WAIVER OF RIGHTS
CONTRACTORS RESPONSIBILTTIES
SUPERVISION AND SUPERINTENDENCE
LABOR, MATERIALS AND EQUIPMENT
SUB5TITUTES AND "OR EQUAL" TTEMS
RESPONSIBILITY FOR SUBCONTRACTORS,
SUPPLIERS AND OTI�RS
USE OF PREMISES
LICENSE AND PATENT FEES, ROYAL'TIES AND TAXES
LAWS AND REGULATIONS
PERMTTS
SAFETY AND PROTECTION
EMERGENCIES
SHOP DRAWIlVGS E1ND SAMPLES
ARTi(''1.F.
4.4
5
5.1
5.2
5.3
6
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
PA(:F
8 THRU 11
11
12 THRU 18
C' June 2002
► 1 .
�� ►
ARTi(''i,F, PAC:F
III GENERAL CONDITIONS CONTINUED:
AS-BUII,T DRAWIlVGS
CAD STANDARDS
DELNERABLES
CONTRACTOR'S GENER.AL WA,RRANTY AND GUARANTEE
CONTINUING THE WORK
INDEMNIFICATION
OTHER WORK _
RELATED WORK AT STTE
COORDINATION
OWNERS RESPONSIBILITY
ENGINEER'S STATUS DURING CONSTRUCTION
OWNERS REPRESENTATIVE
CLARIFICATIONS AND INTERPRETATIONS
REJECTIlVG OF DEFECTNE WORK
SHOP DRAWIlVGS, CHANGE ORDERS, AND PAYMENTS
DECISIONS ON DISPUTES
LIlVIITATIONS ON ENGINEER'S RESPONSIBILITIES
CHANGES IN T'HE WORK
CHANGES IN THE CONTRACT PRICE
CHANGES IN TI� CONTRACT PRICE
6.11
6.12
6.13
6.14
7
7.1
7.2
8
9
9.1
9.2
9.3
9.4
9.5
9.6
10
11
11.1
18 & 19
19 THRU 22
23
23 & 24
24
24&25
25 & 26
26
26 THRU 28
28 & 29
29&30
D June 2002
�_ I .
SF.CTTnN
III GENERAL CONDITIONS CONTINUED:
ALLOWANCES AND FINAL CONTRACT
PRICE ADNSTMENT
UrTIT PRICE WORK
CHANGES IN 'TI� CONTRACT TIME
TESTS AND INSPECT'IONS, CORRECTTON,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
TESTS AND INSPECTION
UNCOVERING THE WORK
ENGINEER MAY STOP TI-iE WORK
CORRECTION OR REMOVAL OF DEFECTIVE WORK
WA,RRANTY/CbRRECTION PERIOD
ACCEPTANCE OF DEFECTNE WORK
OWNER MAY CORRECT DEFECTIVE WORK
PAYMENTS TO CONTRACTOR AND COMPLETION
APPLICATION FOR PROGRESS PAYMENT
CONTRACTOR'S WARRANTY OF TITLE
REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS
PARTIAL UTILIZATION
FINAL INSPECTION
FINAL APPLICATION FOR PAYMENT
��_.
11..2
11.3
12
13
13.1
13.2
13.3
13.4
13.5.
13.6
13.7
14
14.1
14.2
14.3
14.4
14.5
14.6
pA(:F
31
32 THRU 35
35 THRU 38
E June 2002
► 1_ -
�F,(''TTnN
III GENERAL CONDITIONS CONTINUED:
FINAL PAYMENT AND ACCEPTANCE
WANER OF CLAIMS
SUSPENSION OF WORK AND TERMINATION
OWNER MAY SUSPEND TI� WORK
OWNER MAY TERMIlVATE
CONTRACTOR MAY STOP WORK OR TERMIl�TATE
DISPUTE RESOLUTION
NIISCELLANEOUS
SUBMITTAL AND DOCUMENT FORMS
GNIlVG NOTICE
NOTICE OF CLAIM
PROFESSIONAL FEES & COURT COSTS INCLUDED
ASSIGNMENT OF CONTRACT
RENEWAL OPTION
ARTiC'i,F,
14.7
14.8
15
15.1
15.2
15.3
16
17
17.1
17.2
17.3
17.4
17.5
17.6
PAC:F
38 THRU 40
41
41
I'' June 2002
_ ►�
SF.(:TTnN
IV TEC�INICAL SPECIFICATIONS
SCOPE OF TI� WORK
LINE & GRADE
DEFINTTION OF TERMS
ORDER & LOCATION OF THE WORK
EXCAVATION FOR UNDERGROUND WORK
CONCRETE
EXCAVATION & FORMS FOR CONCRETE WORK
REINFORCEMENT FOR CONCRETE
OBSTRUCTIONS
RESTORATION OR REPLACEMENT OF CURBS,
DRNEWAYS, SIDEWALKS, AND PAVEMENTS
WORK IN EASEMENTS & PARKWAYS
DEWATERING
SANTTARY - MANHOLES
BACKFILL
STREET CROSSING
RAISING OR LOWERING OF SANPfARY SEWERS,
STORM DRAINAGE STRUCTURES
UNSUTTABLE MATERIAL REMOVAL
UNDERDRAINS
STORM SEWERS
_ : Y C�1 il �I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PA(tF
1 & 2a
3
4&5
5
5&6
7
8
8
8
9
10
11
12 THRU 14
14
15
15
15
16
17 & 18
G Ju�e aooa
► 1 .
SF,(:TinN ARTi(:T,F
IV TECH1vICAL SPECIFICATIONS (Continued:)
SANTfARY SEWERS & FORCE MAINS 20
DRAINAGE 21
ROADWAY BASE & SUBGRADE 22
ASPHALTIC CONCRETE MATERIALS 23
ASPHALTIC MATERIAL (ADNSTMENT BID PRICE) 24
GENERAL PLANTING SPECIFICATIONS 25
LANDSCAPE
IRRIGATION
HDPE DEFORMED/REFORMED PIPE LIlVING 26
PLANT MIX DRNEWAYS 27
REPORTING OF TONNAGE OF RECYCLED MATERIALS 28
CONCRETE CURBS 29
CONCRETE SIDEWALKS & DRNEWAYS 30
SODDING 31
SEEDING 32
STORM MANfiOLES, INLETS, CATCH BASINS, OR 33
OTHER STORM STRUCTURES
MATERIAL USED 34
CONFLICT BE'TV�EEN PLANS & SPECIFICATIONS 35
STREET SIGNS 36
VIDEO TAPING OF CONSTRUCTION WORK SITE 37
PArF
18 THRU 22
22
23 THRU 26
26 THRU 30
31
32 THRU 49
50 THRU 60
61 THRU 64
65
66
67
67
68
68
69&70
71
71
71
72 THRU 74
H June 2002
► 1 .
SF,CTinN ARTiCi,F.
IV TECH1vICAL SPECIFICATIONS (Continued):
EROSION & SILTATION CONTROL
UTILITY T'IE-IN LOCATION MARKING
AWARD OF CONTRACT, WORK SCI�DULE & GUARANTEE
WATER SPECIFICATIONS
GAS SPECIFICATIONS
TENI�TIS COURT
CLAY TENIVIS COURTS
WORK ZONE TRAFFIC CONTROL
CURED-IN-PLACE PIl'E LINING
POLYETHYLENE SLIl'LINING
POLYVINYL CHLORIDE RIBBED PIPE
GUNITE SPECIFICATIONS
SA1�IITARY AND STORM MANHOLE LINER RESTORATION
PROJECT INFORMATION SIGNS
IN-LINE SKATING SURFACING SYSTEM
RESIDENT NOTIFICATION OF START
OF CONSTRUCTION
GABIONS AND MATTRESSES
LAWN MAINfENANCE SPECIFICATIONS
MII,LING
CLEARING & GRUBBING
.�....
I
38
39
40
41
42
43
43a
4�4
45
46
47
48
49
50
51
52
pA(:F
75 THRU 79
80
81
82 THRU 93
N/A
94 THRU 96
97 THRU 103
104 THRU 106
107 THRU 109
110 THRU 115
116
117 THRU 124
125 THRU 135
136 & 137
138 THRU 140
141 & 142
53 143 THRU 148
54 149 THRU 152
55 153 THRU 155
56 156
57 157
June 2002
� ► 1 -
SF,C:TTnN
IV TECHIVICAL SPECIFICATIONS (Continued):
TREATMENT PLANT SAFETY
TRAFFIC SIGNAL EQUIl'MENT AND MATERIALS
SIGNING AND MARKING
ROADWAY LIGHTING
ROOT PRUNING
V CONTRACT FORMS
CONTRACT BOND
CONTRACT
CONTRACTOR'S AFFIDAVTT FOR FINAL PAYMENT
PROPOSAL BOND
AFFIDAVIT
NON-COLLUSION AFFIDAVIT
PROPOSAL
ADDENDUM ACKNOWLEDGMENT SHEET
UNTT PRICE PROPOSAL SHEfiT(S)
ARTTC'T.F,
58
59
60
61
62
PAC�F
158
159
160
160
161
1&2
3 THRU 5
6
7
8
9
10 THRU 12
13
14
tT June 2002
�'
�
� SECTION II
�
� : �► � � 11 :
1. COPIES OF BIDDING DOCUMENTS
� 1.1 Complete sets of the Bidding Documents are available for the sum sta.ted in the
Advertisement for Bid from the Office of the Purchasing Manager. This amount represents
reproduction costs and is non-refundable. A complete bidders packa.ge containnig plans,
� specifications, bond forms, contract form, affidavits and bid/proposal form is available only
to pre-qualified bidders. Contractors, suppliers, or others who aze not pre-qualified but who
may be a possible subcontractor, supplier, or other interested person may purchase a
�; "Subcontractor" package consisting of plans, specifications, and list of pay items.
1.2 Complete sets of Bidding Documents must be used in preparing bids. Neither the City
� nor the Engineer shall be liable for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents, by Bidders, sub-bidders or others.
�' 1.3 The City, in making copies of Bidding Documents available on the above terms, does
so only for the purpose of obtaining Bids on the Work and does not confer a license or grant
� any other pernussion to use the documents for any other purpose.
2. QUALIFICATION OF BIDDERS
Each prospective Bidder must pre-qualify to demonstrate, to the complete satisfaction of the
City of Clearwater, that the Bidder has the necessary facilities, equipment, ability, financial
� resources and experience to perform the work in a satisfactory manner before obtaining
drawings, specifications and contract documents. An application package for pre-
� qualification may be obtained by contacting the City of Clearwater, Engineering
Department, Engineering Services Division at P.O. Box 4748, Clearwater, Florida 33758-
4748 (mailing address); 100 South Myrtle Avenue, Clearwater, Florida 33756-5520 (street
� address only) or by phone at (727) 562-4750. All qualification data must be completed and
delivered to the Director of Engineering at the above address not later than fourteen (14)
days prior to the time set for the receipt of bids. Bidders currently pre-qualified by the City
i,' do not have to make reapplication.
r-,
L�
� Section II 1 Revised 03/02
SECTION II- INSTRUCTIONS TO BIDDERS CONTINUED:
3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE
3.1 It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the
Contract Docuxnents thoroughly; (b) visit the site to become familiar with local conditions
that may in any manner affect cost, progress, performance or furnishing of the work; (c)
consider and abide by a11 applicable federal, state and local laws, ordinances, rules and
regulations; and (d) study and cazefully correlate Bidder's observations with the Contract
Documents, and notify Engineer of all conflicts, errors or, discrepancies in the Contract
Documents.
3.2 In reference to the Technical Specifications and/or the Scope of the Work for
identification of those reports of explorations and tests of subsurface conditions at the site
which have been utilized by the Engineer in the preparation of the Contract Documents,
bidder may rely upon the accuracy of the technical data contained in such reports but not
upon non-technical data, interpretations or opinions contained therein or for the
completeness thereof for the purposes of bidding or construction. In reference to those
drawings relating to physical conditions of existing surface and subsurface conditions
(except Underground Facilities) which are at or contiguous to the site and which have been
utilized by the Engineer in preparation of the Contract Doeuments, 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 constxuction.
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 fiunished to the
City and Engineer by owners of such Underground Facilities or others, and the City does
not assume responsibility for the accuracy or completeness thereof unless expressly
provided in the Contract Documents.
3.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective
Bidders on subsurface conditions, Underground Facilities, other physical conditions,
possible conditions, and possible changes in the Contract Documents due to differing
conditions appear in the Genera.l 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.
Section II 2 Revised 03/02
�
�
�
�
r
SECTION II - INSTRUCTIONS TO BIDDERS CONTINUED:
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 performing the Work
are identified in the Contract Documents. All additional lands and access thereto required
for temporary construction facilities or storage of materials and equipment are to be
provided by the Contractor. Easements for permanent siructures or permanent changes in
existing structures are to be obtaaned and paid for by the City unless otherwise provided in
the Contract Documents.
3.8 The submission of a Bid will constitute an unequivocal representation by the Bidder
that the Bidder has complied with every requirement of these Instructions to Bidders and
that, without exception, the Bid is premised upon performnig 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 su�cient in scope and detail to indicate and convey
understanding of all terms and conditions of performance and fiunishing of the work.
4. INTERPRETATIONS AND ADDENDA
4.1 All questions as to the meaning or intent of the Contract Documents are to be directed
to the Engineer. Interpretations or clarifications considered necessary by the Engineer in
� response to such questions will be issued by Addenda, 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
�
5.
�
�
�
�
legal effect.
4.2 Addenda. may also be issued to modify the Bidding Documents as deemed advisable by
the City or Engineer.
BID SECURITY OR BID BOND
5.1 Each Bid must be accompanied by Bid Security made payable to the City of Clearwater
in an amount equal to ten percent (10%) of the Bidders's maximum Bid price and in the
form of a certified or cashiers check or a Bid Bond (on form attached) issued by a surety
meeting the requirements of the General Conditions. A cash bid bond will not be accepted.
� Section II 3 Reviaed 03/02
SECTION II - INSTRUCTIONS TO BIDDERS CONTINUED:
6.
7.
8.
9.
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 retumed. 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 far a period up to ninety (90) days
following bid opening. Security of other Bidders will be returned approximately fourteen
(14) days after the Bid opening.
5.3 The Bid Bond shall be issued in the favor of the City of Clearwater by a surety
company qualified to do business in, and having a registered agent in the State of Florida.
CONTRACT TIME
6.1 The number of consecutive calendar days within which the work is to be completed is
set forth in the Technical Specifications.
LIQUIDATED DAMAGES
7.1 Provisions for liquidated damages are set forth in the Contract Agreement.
SUBSTITUTE MATERIAL AND EQUIPMENT
8.1 The contract, if awarded, will be on the basis of material and equipment described in
the Drawings or specified in the Specifications without consideration of possible substitute
or "or equal" items. Whenever it is indicated in the Drawings or specified in the
Specifications that a substitute or "or equal" item may be furnished or used, application for
its acceptance will not be considered by the Engineer until after the effective date of the
Contract Agreement. The procedure for submittal of any such application is described in
the General Conditions and as supplemented in the Technical Specifications.
SUBCONTRACTORS
9.1 ff requested by the City or Engineer, the Successful Bidder, and any other Bidder so
requested, shall, within seven (7) days after the date of the request, submit to the Engineer
an experience statement with pertinent information as to similar projects and other evidence
of qualification for each Subcontractor, supplier, person and organization to be used by the
Contractor in the completion of the Work. The amount of subcontract work shall not
exceed fifly percent (50%) of the Work except as may be specifically approved by the
Engineer.. If the Engineer, after due investigation, has reasonable objection to any proposed
Subcontractor, supplier, other person or organization, he may, before recommending award
of the Contract.
Section II 4 Revised 03/02
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SECTION II - INSTRUCTIONS TO BIDDERS CONTINUED:
Agreement to the City Commission, request the Successful Bidder to submit an acceptable
substitute without an increase in Contract Price or Contract Time. If the Successful Bidder
declines to make any such substitution, the City may awazd the contract to the next lowest
and most responsive Bidder that proposes to use accepta.ble Subcontractors, Suppliers, and
other persons and organizations. Declining to make requested substitutions will not
constitute grounds for sacrificing the Bid security to the City of any Bidder. Any
Subcontractor, supplier, other person or organization listed by the Contractor and to whom
the Engineer does not make written objection prior to the recommendation of award to the
City Comxnission will be deemed acceptable to the City subject to revocation of such
acceptance after the Effective Date of the Contract Agreement as provided in the General
Conditions.
9.2 No Contractor shall be required to employ any Subcontractor, supplier, person or
organization against whom he has reasonable objection.
10. BID/PROPOSAL FORM
10.1 The Bid/Proposal Form is included with the Contract Documents and shall be
completed in ink or by typewriter. All blanks on tlie Bid/Proposal Forms must be
completed. The Bidder must state in the Bid/Proposal Form in words and numerals without
delineation's, alterations or erasures, the price for which he will perform the work as
required by the Contract Documents. Bidders are required to bid on all items in the
BidfProposal form. The lump sum for each section or item shall be for fizrnishing all
equipment, materials, and labor for completing the section or item as per the plans and
contra.ct specifications. Should it be found that quantities or amounts shown on the plans or
in the proposal, for any part of the work, are exceeded or should they be found to be less
after the actual construction of the work, the amount bid for each section or item will be
increased or decreased in direct proportion to the unit prices bid for the listed individual
items.
10.2 Bids by corporations shall be executed in the corporate name by the president or a
vice-president (or other corporate officer accompanied by evidence of authority to sign) and
the corporate seal shall be affixed. The corporate address and sta.te of incorporation shall be
shown below the Signature. If requested, the person signing a Bid for a corporation or
partnership shall produce evidence satisfactory to the City of the person's authority to bind
the corporation or partnership.
10.3 Bids by partnerships sha11 be executed in the partnership name and signed by a general
partner, whose title shall appear under the signature and the official address of the
partnership shall be shown below the signature.
10.4 A11 names shall be typed or printed below the signature..
� Section II 5 Revised 03/02
SECTION II- INSTRUCTIONS TO BIDDERS CONTINUED:
11.
12.
13.
SUBMISSION OF BIDS
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 forwarded by mail, the Bid shall be enclosed in another envelope with the
nota.tion "Bid Enclosed" on the face thereof and addressed to the City of Clearwater,
attention Purchasing Manager. Bids will be received at the office indicated in the
Advertisement until the time and date specified. Telegraphic or facsimile bids received by
the Purchasing Manager will not be accepted.
MODIFICATION AND WITHDRAWAL OF BIDS
12.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the
manner that a Bid must be executed) and delivered as described in the Advertisement of
Bids. A request for withdrawal or a modification shall be in writing and signed by a person
duly authorized to do so. Withdrawal of a Bid will not prejudice the rights of a Bidder to
submit a new Bid prior to the Bid Date and Time. After expiration of the period for
receiving Bids, no Bid may be withdrawn or modified.
12.2 After a bid is received by the City, the bidder may request to modify the bid for
typographical or scrivener's errors only. The bidder must state in writing to the City that a
typographical or scrivener's error has been made by the bidder, the nature of the error, the
requested correction of the error, and what the adjusted bid amount will be if the correction
is accepted by the City. The City reserves the right at its sole discretion to accept, reject, or
modify any bid.
REJECTION OF BIDS
13.1 To the extent 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 fortn, unauthorized alternate bids, incomplete or unbalanced unit prices, or
irregularities of any kind. Also, the City reserves the right to reject any Bid if the City
believes that it would not be in the best interest of the public to make an award to that
Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of
doubtful financial ability or fails to meet any other pertinent standard or criteria established
by the City. The City reserves the right to decide which bid is deemed to be the lowest and
best in the interest of the public.
Section II 6 Revised 03/02
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SECTION II - INSTRUCTIONS TU BIDDERS CONTINUED:
14. DISQUALIFICATION OF BIDDER
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14.1 Any or all bids will be rejected if there is any reason for believing that collusion exists
among the bidders, the participants in such collusion will not be considered in future
proposals for the same work. Each bidder shall execute the Non-Collusion Affidavit
contained in the Contract Documents.
OPE1vING OF BIDS
15.1 Bids will be opened and read publicly at the location and time sta.ted in the
Advertisement for Bids. Bidders are invited to be present at the opening of bids.
LICENSES, PERMITS, ROYALTY FEES AND TAI�S
16.1 The Contractor shall secure all licenses and permits (and shall pay a11 pernut fees)
except as specifically stated otherwise in the Technical Specifications. The Contractor shall
comply with all Federal and State Laws, County and Municipal Ordinances and regulations
which in any manner effect the prosecution of the work. City of Clearwater building permit
fees and impact fees will be waived except as specifically stated otherwise in the Technical
Specifications.
16.2 The Contractor shall assume a111iability 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.
IDENTICAL TIE BIDS/VENDOR DRUG FREE WORKPLACE
17.1 In accordance with the requirements of Section 287.087 Florida Statutes regarding a
Vendor Drug Free Workplace, in the event of identical tie bids, preference shall be given to
bidders with drug-&ee 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 sha11 be given preference in the awazd process.
Established procedures for processing tie bids will be followed if none or all of the tied
bidders have a drug-free workplace program. In order to have a drug-free workplace
program, a contxactor sha11 supply the City with a certificate containing the following six
statements and the accompanying certification statement:
� Section II 7 Revised 03/02
SECTION II - INSTRUCTIONS TO BIDDERS CONTINUED:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
(2) Inform employees as to the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
(3) Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a condition of working
on the commodities or contractual services that are under bid, the employee will abide by the terms
of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of chapter 893, or of any controlled substance law, of the United States,
or of any state, for a violation occurring in the workplace no later than five (5) days after such
conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilita.tion program if such is available in the employee's community, by any employee who is so
convicted.
(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
I certify that this firm does/does not (select only one) fully comply with the above requirements.
18. AWARD OF CONTRACT
18.1 Discrepancies between words and figures will be resolved in favor of words. Discrepancies in
the multiplication of units of work and unit prices will be resolved in favor of the unit prices.
Discrepancies between the indicated sum of any column of figures and the correct suxn thereof will
be resolved in favor of the correct sum.
18.2 In evaluating the Bids, the City will consider the qualifications of the Bidders, whether or not
the Bids comply with the prescribed requirements, unit prices, and other data as may be requested
in the Bid/Proposal form. The City may consider the qualifications and experience of
Subcontractors, suppliers and other persons and organizations proposed by the Contractor for the
Work. The City may conduct such investigations as the City deems necessary to assist in the
evalua.tion of any Bid and to establish the responsibility, qualifications and financial ability of
Bidders, propos�d Subcontractors, Suppliers and other persons, and organizations to perform and
fiunish the Work in accordance with the Contract Documents to the City's satisfaction within the
prescribed time.
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Section II 8 Revised 03/02 �
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SECTION II - INSTRUCTIONS TO BIDDERS CONTINUED:
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18.3 If the Contract is to be awazded, it will be awarded to the lowest responsible,
responsive Bidder whose evalua.tion by the City indicates to the City that the award will be
in the best interest of the City.
18.4 Award of contract will be made for that combination of base bid and alternate bid
items in the best interest of the City, however, unless otherwise specified all work awarded
will be awarded to only one Contractor.
BID PROTEST
19.1 RIGHT TO PROTEST: Any actual bidder who is aggrieved in connection with the
solicitation or award of a contract may seek resolution of his/her complaints initially with
the Purchasing Manager, and if not satisfied, with the City Manager, in accordance with
protest procedures set forth in this section.
19.2 PROTEST PROCEDURE:
A. A protest with respect to the specifications of an invitation for bid or request for
proposal sha11 be submitted in writing a m;n;mum 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 award of contract shall be submitted in writing a maximum of
five (5) work days after notice of intent to award is posted, or is mailed to each
bidder, which ever is earlier. Notice of intent to award will be forwarded to bidders
upon telephonic or written request. Protests of recommended award should cite
specific portions of the City of Clearwater Code of Ordinances that have allegedly
been violated.
C. Exceptions to the five (5) day requirements noted in both A and B above may be
granted if the aggrieved person could have not been reasonably expected to have
laiowledge 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.
E. If the protestor is not satisfied with the response from the Purchasing Manager,
he/she may then submit in writing within five business days of receipt of that
response his/her reason for dissatisfaction, along with copies of his/her original
formal protest letter and the response from the Purchasing Manager, to the City
Manager.
� Section II 9 Reviaed 03/02
SECTION II- INSTRUCTIONS TO BIDDERS CONTINUED:
F. The City Manager as Purchasing Agent for the City has the final authority in the
matter of protests. The City Manager will respond to the protestor within ten work
days of receipt of the appeal.
19.3 STAY OF PROCUREMENT DURING PROTEST: In the event of a timely
protest, the Purchasing Manager shall not proceed with the solicitation or awazd of
contract until all administrative remedies have been exhausted or until the City
Manager makes written deternunation that the award of contract without delay is
necessary to protect the best interest of the City.
20. TRENCH SAFETY ACT
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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.
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Section II 1 0 Revised 03/02 �
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1. DEFINITIONS:
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Addenda Written or graphic instruments issued prior to the opening of Bids which clarify,
correct or change the Bidding Requirements or the contract documents.
Agreement The written contract between OWNER and CONTRACTOR covering the Work
to be performed; other Contract Documents aze attached to the Agreement and made a part
thereof as provided therein.
Application for Paymerat The form accepted by ENGINEER which is to be used by
� CONTRACTOR in requesting progress or final payments and which is to be accompanied by
such supporting docuxnentation as is required by the Contract Documents.
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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 Conta.ct Documents (including a11 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.
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City The City of Clearwater, Florida.
Contract Documents The Agreement, Addenda (which pertain to the Contract Documents),
Contractor's Bid (including documentation accompanying the bid and any post-Bid
documentation submitted prior to the execution of the Agreement) when attached as an
exhibit to the Agreement, the Bonds, Instructions to Bidders, these General Conditions, any
Supplementary Conditions, the Specifications and the Drawings, any other exhibits identified
in the Agreement, together with all Modifications issued after the execution of the
Agreement.
� Section III 1 Revised 12/00
1. DEFI1vITIONS CONTINUED:
Contract Price The Contract price constitutes the total compensation (subject to authorized
adjustrnents) payable by Owner to Contractor for perfornung the Work.
Contract Time The number of days or the date sta.ted in the Agreement for the completion of
the Work.
Contractor The Person with whom the Owner has entered into the Agreement.
Day A calendar da.y of twenty-four hours measured from midnight to the next midnight.
Defectdve An adjective which when modifying the word Work refers to Work that is
unsatisfactory, faulty or deficient, or does not conform to the Contract Documents or does not
meet the requirements of any inspection, reference standard, test or approval referred to in the
Contract Documents, or has been damaged prior to Engineers recommendation of final
payment.
Drawings The drawings, which will be identified in Technical Specifications or the
Agreement, which show the character and scope of the Work to be performed and which
have been prepared or approved by Engineer and are referred to in the contract documents.
Shop drawings are not Drawings as so defined.
Engineer The duly appointed representative of the City Manager of the City of Clearwater.
For the purposes of this contract, the City Engineer or his duly appointed representative.
Engineer's Consultant A Person having a contract with Engineer to furnish services as
Engineer's independent professional associate or consultant with respect to the Project and
who is identified as such in the Supplementary Conditions.
Furraish The words "fumish", "furnish and install", "install", and "provide" or words of
similar meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish
and install complete in place and ready for service".
Inspection The term "inspection" and the act of inspecting means examination of
construction to ensure that it conforms to the design concept expressed in the Drawings and
Specifications. These terms shall not be construed to mean supervision, superintending or
overseeing.
Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes and
orders of any kind of govemmental bodies, agencies, authorities and courts having
jurisdiction.
Liens
property.
Section III
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Liens, charges, security interests or encumbrances upon real property or personal �
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1. DEFINITIONS CONTINUED:
Midestone A principal event specified in the contract Documents relating to an intermediate
completion date or time prior to the final complerion date.
� Notice to Proceed A written notice given by the Owner to the Contractor fixing the date on
which the Contract Time will commence to run and on which Contractor shall start to
perform his obligations under the Contract Documents.
Owner The City of Clearwater, Florida
Person A natural person or a corporation, partnership, firm, organization, or other artificial
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.
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Shop Drawing All drawings, diagrams, illustrations, schedules and other data which are
specifically prepared by or for Contractor to illustrate some portion of the Work and all
illustrations, brochures, standard schedules, performance charts, instructions, diagrams and
other information prepared by a supplier and submitted by Contractor to illustrate material or
equipment for some portion of the Work.
Specifacations Those portions of the Contract Documents consisting of written technical
descriptions of materials, equipment, construcrion systems, standards and worlananship as
applied to the Work and certain administrative details applicable thereto.
Subcontractor A person having a direct contract with Contractor or with any other
Subcontractor for the performance of a part of the Work at the site.
Substantial Completion The Work (or a specified part thereo fl which has progressed to the
point where, in the opinion of Engineer, as evidenced by Engineer's definitive certificate of
Substantial Completion, it is sufficiently complete, in accordance with the Contract
documents, so that the Work (or specified part) can be utilized for the purposes for which it is
intended; or if no such certificate is issued, when the Work is complete and ready for final
payment as evidenced by the Engineer's recommendation of final payment. The terms
"substantially complete" and "substantially completed" as applied to all or part of the Work
refer to Substantial Completion thereof.
Supplementary Conditions The part of the Contract which amends or supplements these
General Conditions.
� section III 3 Reviaed 12/00
1. DEFIIVITIONS CONTINUED:
Supplier A manufacturer, fabricator, supplier, distributor, materialman or vendor having a
direct contract with Contractor or with any Subcontractor to furnish materials or equipment to
be incorporated in the Work by the Contractor.
Surety Any person, firm or corporation which is bound with Contractor and which engages
to be responsible for Contractor and his acceptable performance of the Work by a Bid,
Performance or Payment Bond.
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 treatrnent, 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 fizrnished 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
Coniractor 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 four copies of
Contract Documents for execution. Additional copies will be furnished, upon request, at the
cost of reproduction.
Section Iii 4 Reviaed 12/00 �
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2.3 CONIlVIENCEMENT OF CONTRACT TIME/NOTICE TO PROCEED;
STARTING THE PROJECT The Contract Time will commence on the da.y indicated in
the Notice to Proceed. Contractor shall start to perform the work on the date the Contract
Time commences to run. No work sha11 be done at the site prior to the date which the
Contact Time commences to run.
2.4 BEFORE STARTING CONSTRUCTION Before undertaking each part of the Work,
Contractor shall carefully study and compare the Contract Documents and check and verify
pertinent figures shown thereon and all applicable field measurements. Contractor shall
promptly report in writing to Engineer any conflict, error or discrepancy which Contractor
may discover; and sha11 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, sha11 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 Awazd 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.
CONTRACT DOCUMENTS, INTENT
3.1 I1�TTENT The Contract Documents comprise the entire Agreement between the
Owner and the Contractor concerning the Work. They may be altered only by written
agreement. The Contract Documents are complementary; What is called for by one is as
binding as if called for by all. It is the intent of the Contract Documents to describe a
functionally complete project (or part thereo fl to be constructed in accordance with the
Contract Documents. Any Work, materials or equipment which may reasonably be
inferred from the Contract Documents or from prevailing custom or from trade usage as
being required to produce the intended result will be furnished and performed whether or
not specifically called for. When words or phrases which have a well-known technical or
construction industry or trade meaning aze 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 standa'rds, specifications, manuals or codes of any technical society, organization or
association, or to the code, Laws or Regulation of any govemmental authority, whether
such reference be specific or by implication, shall mean
� section III r, Reviaed 12/00
3.
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CONTRACT DOCUMENTS, INTENT continued:
the latest standard specification, manual or code, or Laws or Regulations in effect at the
time of opening of Bids except as may be otherwise specifically stated in the Contract
Documents. However, no provision of any referenced standard specification, manual or
code (whether or not specially incorporated by reference in the responsibilities of Owner
or Contractor as set forth in the Contract Documents) shall change the duties and
responsibilities of Owner, Contractor or Engineer, or any of their agents or employees
from those set forth in the Contract Documents. Clarifications and interpretations of the
Contract shall be issued by Engineer.Each and every provision of law and clause required
by law to be inserted in these Contract documents shall be deemed to be inserted herein, and
they shall be read and enforced as through it were included herein, and if through mistake or
otherwise, any such provision is not inserted, or if not correctly inserted, then upon the
application of either pariy, 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 govem.
3.2 REPORTING AND RESOLVING DISCREPANCIES If, during the performance of
the Work, Contractor discovers any conflict, error, ambiguity or discrepancy within the
Contra.ct 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 lrnew or reasonably should
have known thereof.
AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
4.1 AVAILABILITY OF LANDS Owner shall furnish, as indicated in the Contract
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
sha11 identify any encumbrances or restrictions not of general application but specifically
related to use of lands so fumished with which contractor will have to comply in performing
the Work. Easements for permanent structures or permanent changes in existing facilities
will be obtained and paid for by Owner, unless otherwise provided in the Contract
Documents.
section III 6 Reviaed 12/00 �
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AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS continued:
4.2 INVESTIGATIONS AND REPORTS Reference is made to the Supplementary
Conditions and Technical Specifications for identification of those reports of 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
promptly notify Engineer in writing of any subsurface or latent physical conditions at the
site, or in an existing shucture, dii%ring materially from those indicated or referred to in the
Contract Documents. Engineer will promptly review those conditions and advise if further
investigation or tests are necessary. Owner or Engineer sha11 obtain the necessary additional
investigations and tests and fumish copies to the Engineer and Contractor. If Engineer finds
that the results of such investigations or tests indicate that there are subsurface or latent
physical conditions which differ materially from those indicated in the contract Documents,
and which could not reasonably have been anticipated by Contractor, a work change or
Change Order will be issued incorporating the necessary revisions.
� 4.3 PHYSICAL CONDITIONS, UNDERGROUND FACILITIES The information
and data shown or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based on information and data.
� furnished to Owner or Engineer by the owners of such Underground Facilities or by others.
Unless otherwise expressly provided in the Contract Documents, Owner and Engineer shall
not be responsible for the accuracy or completeness of any such information or data; and the
� cost of all the following will be included in the Contract Price and contractor shall have full
responsibility for: (i) reviewing and checking a11 such informarion 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 a11 such Underground Facilities and repairing any damage thereto
resulting from the Work. The Contractor is required to ca11 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.
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� Section III 7 Reviaed 12/00
5.
4.4 REFERENCE POINTS Engineer shall provide engineering surveys to establish
reference points for construction which in Engineer's judgement are necessary to enable
Contractor to proceed with the Work. Contractor shall be responsible for laying out the
Work, sha11 protect and preserve the established reference points and shall make no changes
or relocations without the prior written approval of Owner. Contractor sha11 report to
Engineer whenever any reference point is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be responsible for the accurate
replacement or relocation of such reference points by professionally qualified personnel.
The Contractor is referred to the Technical Specifications for more specific information
regarding the provision of construction surveys. Excessive stake replacement caused by
negligence of Contractor's foroes, 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 sha11 be
computed for actual time on the project. All time shall be computed in one hour increments
with a minimum charge of one hour.
BONDS AND INSURANCE
5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND Contractor shall
furnish a Performance Bond and Payment Bond, each in an amount at least equal to the
Contract Price as security for the faithful performance and payment of all Contractor's
obligations under the Contract Documents. These Bonds shall remain in effect at least one
year after the date when final payment becomes due, unless a longer period of time is
prescribed by laws and regularions or by the Contract Documents. Contractor shall also
fiunish such other Bonds as are required by the Supplementary Conditions. All Bonds shall
be in the form prescribed by the Contract Documents and shall be executed by such sureties
as are named in the current list of "Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as
published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial
Operations, U.S. Treasury Department. All bonds signed by an agent must be accompanied
by a certified copy of such agents authority to act. All bonds shall be deemed to contain all
of the Conditions of Section 255.05, Florida Statutes, even if such language is not directly
contained within the bond and the Surety sha11 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 ternunated 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 subsritute another Bond and surety, both of which must be acceptable to
the Owner.
Section III 8 Revised 12/00 �
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5. INSURANCE continued:
5.2 INSURANCE Contractor shall purchase and maintain such liability and other insurance
as is appropriate for the Work being performed and furnished and as will provide protection
from claims set forth below which may arise out of or result from Contractor's performance
and furnishing of the Work and Contractor's other obligations under the Contract Documents,
whether it is to be performed or furnished by Contractor, and Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to perform or furnish any of the Work,
or by anyone for whose acts any of them may be liable for the following: (i) Claims under
worker's compensation, disability benefits and other similar employee benefit acts; (ii)
Claims for damages because of bodily injury, occupational sickness or disease, or death of
Coniractor'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 covera.ge which are sustained by any person as
a result of an offense directly or indirectly related to the employment of such person by
Contractor, or by any other person for any other reason; (v) Claims for damages, other than to
the Work itself, because of injury to or destruction of tangible property wherever located,
including loss of use resulting therefrom; and (vi) Claims for damages because of bodily
injury or death of any person or property damage arising out of the ownership, maintenance
or use of any motor vehicle. The Contractor shall deliver to Owner, with copies to each
additional insured identified in the Supplementary Conditions, certificates of insurance (and
other evidence of insurance requested by Owner or any other additional insured) which
Contractor is required to purchase and maintain in accordance with this paragraph. The
policies of insurance so required by this paragraph to be purchased and maintained shall: (i)
include as additional insured (subject to any customary exclusion in respect of professional
liability) City of Clearwater and any other persons or entities identified in the Supplementary
Conditions, all of whom shall be listed as additional insured, and include coverage for the
respective officers and employees of all such additional insures; (ii) include completed
operations insurance; (iii) include contractual liability insurance covering Contractor's
indemnity obligations in Article for Contractor's Responsibilities; (iv) contain a provision or
endorsement that the coverage a�orded will not be canceled, materially changed or renewal
refused until at least thi.rty days prior written notice has been given to the Owner, and
Contractor and to each other additional insured identified in the Supplemental Conditions to
whom a certificate of insurance has been issued (and the certificates of insurance furnished by
the Contractor as described in this paragraph); (v) remain in effect at least until final
payment and at all times thereafter when Contractor may be correcting, removing or replacing
defective Work in accordance with Article for Correction of Defective Work; vi) with respect
to completed operations insurance, and any insurance coverage written on a claims-made
basis, sha11 remain in effect for at least two years after final payment. Contractor shall furnish
Owner and each other additional insured identified in the Supplementary Conditions to whom
a certificate of insurance has been issued evidence satisfactory to Owner and any such
additional insured, of continuation of such insurance at final payment and one year thereafter
and (vii) �Tame and telephone number of the authorized insurance agent for the Insurer.
The limits of liability for the insurance required sha11 provide coverage for not less than the
following amounts or greater where required by laws and regulations:
� section III 9 Revised 12/00
WORKER'S COMPENSATION INSURANCE
(1) Workers' Compensation
(2) Employer's Liability.
Contract Award
Amount Under
$1,000,000.
Statutory
$500,000.
PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE
Contract Awazd
Amount $1,000,000.
and Over
Statutory
$1,000,000.
Comprehensive General Liability including Premise/Operations; Explosion, Collapse and
Underground Property Damage; Products/Completed Operadons, Broad Form Contractual,
Independent Contractors; Broad Form Property Damage; and Personal Injury liabilities:
(1) Bodily Injury:
(2) Property Damage:
(3) Personal Injury, with employment
exclusion deleted.
$1,000,000
Contract Awazd
Amount Under
$1,000,000.
$500,000.
Each Occurrence
$1,000,000.
Annual Aggregate
$500,000.
Each Occurrence
$1,000,000.
Annual Aggregate
Contract Award
Amount $1,000,000.
and Over
$1,000,000.
Each Occurrence
$1,000,000.
Annual Aggregate
$1,000,000.
Each Occurrence
$1,000,000.
Annual Aggregate
$1,000,000.
Annual Aggregate Annual Aggregate
Comprehensive Automobile Liability including all owned (private
and others), hired and non-owned vehicles:
Contract Award Contract Award
Amount Under Amount $1,000,000.
$1,000,000. and Over
(1) Bodily Injury
(2) Properiy Damage
Section III 1 0
$500,000.
Each Person
$500,000.
Each Accident
$500,000.
Each Occurrence
$1,000,000.
Each Person
$1,000,000.
Each Accident
$1,000,000.
Each Occurrence
Reviaed 12/00
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� PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE CONTINUED:
Receipt and acceptance by the Owner of the Contractor's Certificate of Insurance, or other similar
� document does not constitute acceptance or approval of amounts or types of coverages which may
be less than 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 sha11 provide full
� coverage from the first dollar of exposure unless otherwise stipulated. No deductibles will be
accepted without prior approval from the Owner.
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T,ong,chnre 9nd Harhnr Wnrker'c C'mm�encation Act: Section 32 of the Act, 33 U.S.C. 932,
requires an employer, with employees in maritime employment, to secure the payment of benefits
under the Act either by insuring with an insurance carrier authorized by the U.S. Depa,rtment of
Labor, or to be authorized by the U.S. Department of Labor as a self-insurer.
Fnr �eneral ('.ontractnrc: Section 4(a) of the Act provides that every employer shall be liable
for and shall secure the payment to lus employees of the compensation payable under Sections 7,
8, and 9 of the Act. In the case of an employer who is a subcontractor, only if such subcontractor
fails to secure the payment of compensation shall the contractor be liable for and be required to
secure the payment of compensation.
5.3 WAIVER OF RIGHTS Owner and Contractor intend that all policies purchased in
accordance with Article on Insurance will protect Owner, Contractor, Subcontractors, Engineer,
Engineer's Consultants and all other persons or entities identified in the Supplementary Conditions
to be listed as insured or additional insured in such policies and will provide primary coverage for
a11 losses and damages caused by the perils covered thereby. All such policies shall contain
provisions to the effect that in the event of payment of any loss or damage the insurers will have no
rights of recovery against any of the insured or additional insured thereunder, Owner and
Contractor waive 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 properiy 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, Subcontractors, Engineer, Engineer's Consultant and the officers, directors, employees
and agents of any of them for: (i) loss due to business intemiption, 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 fire or other peril, whether or not insured by
Ovcmer and; (2) loss or damage to the completed Project or part thereof caused by, arising out of or
resulting from �'ire or other insured peril covered by any property insurance maintained on the
completed Proj ect or part thereof by Owner during partial utilization, after substantial completion or
after final payment.
Section III 11 Revised 12/00
6. CONTRACTORS RESPONSIBILITIES
6.1 SUPERVISION AND SUPERINTENDENCE Contractor shall supervise, inspect
and direct the Work competently and efficiently, devoting such attention thereto and applying
such skills and expertise as may be necessary to perform the Work in accordance with the
Contract Documents. Contractor shall be solely responsible for the means, methods,
techniques, sequences and procedures of construction, but Contractor shall not be responsible
for the negligence of others in the design or specification of a specific means, method,
technique, sequence or procedure of construction which is shown or indicated in and
expressly required by the Contract Documents.
Contractor shall be responsible to see that the completed work complies accurately with the
Contract Documents. Contractor shall keep on the work at all times during its progress a
competent resident superintendent, who shall not be replaced without notice to Owner and
Engineer except under extraordinary circumstances. The superintendent will be Contractor's
representative at the site and shall have authority to act on behalf of Contractor. All
communications to the superintendent shall be as binding as if given to Contractor.
Contractor shall employ only comp�tent 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 otheiwise unsatisfactory, such person shall be removed from the
project and shall not again be employed on it except with the written consent of Engineer.
Contractor shall reimburse the Owner for additional engineering and inspection costs
incurred as a result of overtime work in excess of the regular working hours or on the
Owner's normally approved holidays. At Owner's option, overtime costs may either be
deducted from the Contractor's monthly payment request or deducted from the Contractor's
retention prior to release of final payment or the Engineer may elect to receive a monthly
check from the Contractor in the amount of the overtime costs. Minimum number of
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 EQITIPMENT Contractor shall provide competent,
suitably qualified personnel to survey, lay out and construct the work as required by the
Contract Documents. Contractor sha11 at all times maintain good discipline and order at the
site. Except as otherwise required for the safety or protection of persons or the work or
properiy at the site or adjacent thereto, and except as otherwise indicated in the Contract
Documents, all work at the site shall be performed during 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.
Section III 12 Revised 12/00 �
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6.2 LABOR, MATERIALS AND EQUIPMENT continued:
� Unless otherwise specified in the General Requirements, Contractor sha11 furnish and assume
full responsibility for a11 materials, equipment, labor, transportation, conshuction 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 requir� by Engineer, Contractors, shall
furnish satisfactory evidence (including reports of required tests) as to the quality of materials
� and equipment. The Contractor shall provide suita.ble and secure storage for all materials to
be used in the Work so that their quality shall not be impaired or injured. Materials that are
improperly stored may be rej ected by the Engineer without testing.
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All materials and equipment shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturer, fabricator,
supplier, or distributor, except as otherwise provided in the Contract Documents.
6.3 SUBSTITUTES AND "OR EQUAL" ITEMS Whenever an item of material or
equipment is specified or described in the Contract Documents by using the name of a
proprietary item or the name of a particular Supplier, the specification or description is
intended to establish the type, function and quality required. Unless the specification or
description contains or is followed by words reading that no like, equivalent or "or equal"
item or no substitution is permitted, other items of material or equipment or material or
equipment of other Suppliers may be accepted by Engineer. If in Engineer's sole discretion
an item of material or equipment proposed by Contractor is functionally equal to that
named and sufficiently similar so that no change in related Work will be required, it may
be considered by Engineer for approval. If in the Engineer's sole discretion an item of
material or equipment proposed by Contractor does not qualify as an"or equal" item, it
may be considered as a proposed substitute item. Contractor shall submit sufficient
information as required by the Engineer to allow the Engineer to determine that the item of
material or equipment proposed is essentially equivalent to that named and is an
acceptable substitute therefor. Request for review of proposed substitute and "or equal"
will be not be accepted by Engineer from anyone other than Contractor.
Request for substitute and "or equal" items by Contractor must be submitted in writing to
Engineer and will contain all information as Engineer deems necessary to make a
determination. All data provided by Contractor in support of any proposed substitute or
"or equal" item will be at Contractor's expense. Engineer will be allowed a reasonable
time to evaluate each proposal or submittal made per this paragraph. Engineer will be sole
judge of acceptability.
� Section III 13 Reviaed 12/00
6.4 RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND OTHERS -
Contractor sha11 be fully responsible to Owner and Engineer for all acts and omissions of the
Subcontractors, Suppliers and other persons performing or fumishing 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 Docuxnents shall create for the benefit of any such
Subcontractor, Supplier or other person any contractual relationship between Owner or Engineer
and any Subcontractor, Supplier or other person, nor shall it create any obligation on the part of
Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor,
Supplier or other person. Contractor shall be solely responsible for scheduling and coordinating the
work of Subcontractors, Suppliers and other persons perfornung or furnishing any of the work
under a direct or indirect contract with Contractor. Contractor shall require all Subcontractors,
Suppliers and such other persons perfornung or furnishing any of the work to communicate with
the Engineer through Contractor.
The divisions and sections of the Specifications and the identifications of any Drawings shall not
control Contractor in dividing the work among Subcontractors or Suppliers or delineating the work
to be performed by any specific trade.
All work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit of Owner and Engineer.
Contractor shall not pay or employ any Subcontractor, Supplier or other person or organization
whether initially or as a substitute, aga.inst whom Owner or Engineer may have reasonable
objection. Contractor shall not be required to employ any Subcontractor, Supplier or other person
or organization to furnish or perform any of the work against whom Contractor has reasonable
objection.
Owner or Engineer will not undertake to settle any differences between Contractor and his
Subcontractors or between Subcontractors.
6.5 USE OF PREMISES - Contractor shall confine construction equipment, the storage of
materials and equipment and the operations of works to the site and land areas identified in and
pernutted by the Contract Documents on other land areas permitted by Laws and Regulations, right-
of-way, pernuts 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 sha11, to the fullest extent permitted by Laws and
Regulations, indemnify and hold hannless Owner, Engineer, Engineer's Consultant and their
officials, directors, employees and agents from and against all claims, costs, losses and damages
arising out of or resulting from any claim or action, legal or equitable, brought by any such owner
or occupant against Owner, Engineer or any other party indemnified hereunder to the extent caused
by or based upon Contractor's performance of the Work.
Section III 1,4 Revised 12/00
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6.5 USE OF PREMISES CONTINUED:
During the progress of the Work, Contractor sha11 keep the premises free from accuxnulations
of waste materials, rubbish and other debris resulting from the Work. At the completion of
the Work or at intervals established by the Engineer, Contractor sha11 remove all waste
materials, rubbish and debris from and about the premises as well as a11 tools, appliances,
construction equipment and machinery and surplus materials. Contractor sha11 restore to
original condition all properiy not designated for alteration by the Contract Documents.
6.6 LICENSE AND PATENT FEES, ROYALTIES AND TAXES - Contractor sha11
pay a111icense 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 Irnowledge 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 hatmless 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 sha11 defend all such claims in connection with any alleged
infringement of such rights.
Contractor sha11 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
otherwise expressly required by applicable Laws and Regulations, neither Owner nor
Engineer sha11 be responsible for monitoring Contractor's compliance with any Laws or
Regulations. If Contractor performs any work lrnowing or having reason to lrnow that it is
contrary to Laws or Regulations, Contractor shall beaz all claims, costs, losses and damages
caused by or arising out of such work: however, it shall not be Contractor's primary
responsibility to make certain that the Specifications and Drawings aze in accordance with
Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations to
Owner to report and resolve discrepancies as described above.
� Section III 1 r> Revised 1z/oo
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 sha11 pay all chazges of utility owners for connections to the work, and
Owner shall pay a11 charges of such utility owners for capital costs related thereto such as plant
investment fees.
Unless otherwise stated in the Contract Documents, City of Clearwater Building Permit Fees
will be waived.
6.9 SAFETY AND PROTECTION - Contractor shall be responsible for initiating,
maintaining and supervising a.11 safety precautions and programs in connection with the Work.
Contractor shall take all necessary precautions for the safety of, and shall provide the necessary
protection to prevent damage, injury or loss to: (i) all persons on the work site or who may be
affected by the work, (ii) all the Work and materials and equipment to be incorporated therein,
whether in storage on or off the site;, and (iii) other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements, roadways, shuctures, utilities and Underground
Facilities not designated for removal, relocation or replacement in the course of construction. In
the event of temporary suspension of the work, or during inclement weather, or whenever
Engineer may direct; Contractor shall, and shall cause Subcontractors, to protect carefully the
Work and materials against damage or injury from the weather. If, in the opinion of Engineer,
any portion of Work or materials 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 if property damage exists. This provision
sha11 not shift responsibility or risk of loss for injuries of damage sustained from the Contractor
to the Owner, and the Contractor shall remain solely responsible for compliance with all safety
requirements and for the safety of all persons and property at the site of Contract performance.
The Contractor shall instruct his employees required to handle or use toxic materials or other
harmful substances regarding their safe handling and use. The Contractor shall take the
necessary precautions to protect pedestrians and motorists from harm, and to prevent disruptions
of such traffic due to construction activity.
Section III 1 6 Revised 12/00
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6.9 SAFETY AND PROTECTION CONTINUED:
Contractor sha11 comply with all applicable Laws and Regulations of any public body having
jurisdiction for safety of persons or properiy and to protect them from damage, injury or loss; and
shall erect and maintain a11 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 Conhactor.
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, Coniractor, with or without special instruction or
authorization from Owner or Engineer, is obligated to act to prevent damage, injury or loss.
� Contractor sha11 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.
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6.11 SHOP DRAWINGS AND SAMPLES Contractor shall submit Shop Drawings to
Engineer for review and approval as called for in the Technical Specifications or required by the
Engineer. The data shown on the Shop Drawings will be complete with respect to quantities,
dimensions, specified performance and design criteria, materials and similar data to show
Engineer the materials and equipment Contractor proposes to provide and to enable Engineer to
review the information. Contractor shall also submit Samples to Engineer for review and
approval. Before submitting each Shop Drawing or Sample, Contractor shall have determined
and verified: (i) all field measurements, quantities, dimensions, specified performance criteria,
installation requirements, materials, catalog numbers and similar information with respect
thereto, (ii) all materials with respect to intended use, fabrication, shipping, handling, storage,
assembly and installation pertaining to the performance of the Work, and (iii) all information
relative to Contractor's sole responsibilities in respect to means, methods, techniques, sequences
and procedures of construction and safety precautions and programs incident thereto. Contractor
shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop
Drawings and Samples with the requirements of the Work and the Contract Documents. Each
submittal will bear a stamp or specific written indication that Contractor has satisfied
Contractor's obligations under the Contract Documents with respect to Contractor's review and
approval of that submittal. At the time of submission, Contractor shall give Engineer specific
written notice of such variations, if any, that the Shop Drawing or Sample submitted may have
from the requir�ments of the Contract Documents, such notice to be in a written communication
separate from the submittal; and, in addition, shall cause a specific notation to be made on each
Shop Drawing and Sample submitted to Engineer for review and approval of each such variation.
Section III 1 7 Revised 12/00
6.11 SHOP DRAWINGS AND SAMPLES CONTINUED:
Engineer's review and approval of Shop Dra.wings and Samples will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Work, conform to the
information given in the Contract Documents and be compatible with the design concept of the
completed Project as a functioning whole as indicated the Contract Documents. Engineer's review
and approval will not extend to means, methods, techniques, sequences or procedures of
construction (except where a particular means method, technique, sequence or procedure of
construction is specifically and expressly called for by the Contract Documents) or to safety
precautions or programs incident thereto. The review and approval of a separate item as such will
not indicate approval of the assembly in which the item functions. Contractor shall make
corrections required by Engineer, and sha11 retum the required number of corrected copies of Shop
Drawings and submit as required new Samples for review and approval. Contractor shall direct
specific attention in writing to revisions other than the corrections called for by Engineer on
previous submittals.
Engineer's review and approval of Shop Drawings or Samples shall not relieve Contractor from
responsibility for any variation from the requirements of the Contract Documents unless Contractor
has in writing called Engineer's attention to each such variation at the time of submission and
Engineer has given written approval of each such variation by specific written nota.tion thereof
incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by
the Engineer relieve the Contractor from responsibility for complying with the requirements of
paragraph above discussing field measurements by the Contractor.
AS-BUILT DRAWINGS:
The Contractor shall keep and maintain one set of blueprints, As-Built Drawings, in good order and
legible condition to be continuously marked-up at the job site. The Contractor shall mark and
annotate neatly and clearly all project conditions, locations, configurations and any other changes or
deviations which may vary from the deta.ils represented on the original Contract Plans, including
revisions made necessary by Addenda, Shop Drawings, and Change Orders during the construction
process. The Contractor shall record the horizontal and verticallocations, in the plan and profile, of
all buried utilities that differ from the locations indicated or which were not indicated on the
Contract Plans and buried (or concealed), construction and utility features which are revealed
during the construction period.
The As-Built Drawings shall be available for inspection by the Engineer at all times during the
progress of the Project.
The As-Built Drawings sha11 be reviewed by the City Inspector for accuracy and compliance with
the requirements of "As-Built Drawings" prior to submittal of the monthly pay requests. The pay
requests shall be rej ected if the marked-up blueline prints do not conform to the "As-Built
Drawings" requirements. As-Built Drawings sha11 be submitted to the City Inspector for approval
upon completion of the project and prior to acceptance of final pay request.
Prior to the placing new potable water mains in service, the Contractor sha11 provide the Engineer
intersection drawings, as specified for the water mains.
section III 1 8 Reviaed 12/00
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� The City's acceptance of the "As-Built Drawings" does not relieve the Contractor of the sole
responsibility for the accuracy and completeness of the As-Built Drawings.
� 1. �ral: The Contractor/Consultant shall prepare an as-built survey per chapter 61G17-6,
Florida Administrative Code, signed and sealed by a Florida registered land surveyor. Two
hard copies of signed and sealed as-bwlts and an autocad file will be provided for this
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purpose.
2. �anitarv anc� St�rm Sewer Pj�ing 4vc�; 'I'he as-built drawings shall conform as follows:
(a) Manholes and inlets shall be dimensioned from the face of curb or roadway centerline,
and stationed along the baseline. New service connections and replaced service
connections shall be dimensioned to the nearest downstream manhole. All manhole and
catch basin invert and rim elevations, manhole and catch basin dimensions, pipe sizes,
and pipe material sha11 also be noted on the plan view and also on the profile.
(b) Pipe materials and areas of special construction sha11 be noted.
3. Electrical and Control Wiring: The as-built drawing shall conform as follows:
(a) The as-built drawings shall include all changes to the original Contract Plans. The as-built
drawings shall also include the size, color, and number of wires and conduit. For projects
where this information is too voluminous to be contained on the blueline prints, the
Contractor shall prepare supplemental drawings, on same size sheets as the blueline prints,
showing the additional conduit runs, 1-line diagrams, ladder diagrams, and other
information. The wiring schematic diagrams shall show ternunation location and wiring
identification at each point on the ladder diagram.
4. Qther: The as-built dra.wings shall reflect any differences from the original Contract Plans, in
the same level of detail and units of dimensions as the Plans.
CM\ T.�I 11�►1Z\�7.�
Layer Naming
Prefixec•
DI - prefix denotes digitized or scanned entities
EP - prefix denotes existing points - field collected
EX - prefix denotes existing entities - line work and symbols
PR - prefix denotes proposed entities - line work and symbols
FiJ - prefix denotes future entities (proposed but not part of this contract) - line work and
symbols
S"f�xec:
TX- suffix denotes text — use for all text, no matter the prefix
� section III 1 9 Revised 12/00
��er Naming nefinitinnc�
GAS — gas lines and appurtenances
ELEC — power lines and appurtenances
PHONE — telephone lines and appurtenances
CABLE — cable t.v. lines and appurtenances
BOC — curbs
WALK — sidewalk
WATER — water lines and appurtenances, sprinklers
STORM — storm lines and appurtenances
TREES — trees, bushes, planters
SANITARY — sanitary lines and appurtenances
FENCE — all fences
BLDG — buildings, sheds, finished floor elevation
DRNE — driveways
EOP — edge of pavement without curbs
TR.AFFIC — signal poles, control boxes
TOPBANK — top of bank
TOESLOPE — toe of slope
TOPBERM — top of bertn
TOEBERM — toe of berm
SEAWALL — seawall
CONCSLAB — concrete slabs
WALL — walls, except seawall
SHORE — shoreline, water elevation
CL — centerline of road
CLD — centerline of ditch
CLS — centerline of swale
CORNER — properiy corners, monumentation
BENCH — benchmark, temporary benchmarks
Other layers may be created as required, using above format.
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All layers will use standard Autocad linetypes, bylayer.
All layers will use standard Autocad colors, bylayer.
All text will use standard Autocad fonts.
Text style for EX layers will use the simplex font, obliquing angle of 0°, and a text height of .008
times the plot scale.
Text style for PR and FU layers will use the simplex font, obliquing angle of 22.5°, and a text
height of .010 times the plot scale.
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The survey plan shall be produced on stable-based mylar material, 24" x 36", at a scale of
� 1" = 20' unless approved otherwise. Upon request, the consultant shall deliver one (1) original
(5) prints,
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Additionally, the Consultant shall deliver a 3.5 inch magnetic media computer disk or CD Rom
containing all project data in Softdesk � Version 7.6 or 8.0, format complete with all drawing
files and associated project data files or if Softdesk � is not available, in a standard ASCII file.
The file shall be a comma or space delimited file containing code, point number, northing,
easting, elevation and description for each data point. Example below (Space Delimited ASCII
File):
� POINT # NORTHING EASTING ELEV DESC
284 1361003.838 264286.635 25.00 BCV
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OR COMMA DELIMITED ASCII FILE:
284,361003.838,264286.635,25.00, BCV (PNEZD)
A note shall follow the code whenever additional clarification is required to describe the data
point. An AutoCad Release, Thirteen (13) or Fourteen (14) drawing or Acad2000 file shall be
submitted. The drawing file shall include only authorized fonts, shapes, line types or other
attributes contained in the standard AutoDesk, Inc. release. All block references and xreferences
contained within the drawing file shall be included on the magnetic media disk. Also, include
either a pcp plot file or a pen schedule for plotting of drawings. Please address any questions
regarding format to Mr. Tom Mahony, at (727)562-4762 or email address trnahony@clearwater-
fl.com
6.12 CONTRACTOR'S GENERAL WA►RRANTY AND GUARANTEE Contractor warrants
and guarantees to Owner, Engineer and Engineer's Consultants that all Work will be in accordance
with the Contract Documents and will not be defective. Contractor's warranty and guazantee
hereunder in�.lud�s defects or damage caused by abuse, vandalism, modification or operation by
persons other than Contractor, Subcontractors or Suppliers. Until the acceptance of the Work by
the Owner, the Work shall be under the charge and caze of the Contractor, and he shall take every
necessary precaution against injury or damage to any part thereof by action of the elements, or from
any other cause whatsoever, arising from the execution or non-execution of the Work. The
Contractor shall rebuild, repair and make good, at his own expense, all injuries or damages to any
portion of the Work occasioned by any cause before its completion and final acceptance by the
Owner. In addition, "the Contractor sha11 remedy any defects in the work at his own expense and
pay for any dar�age to other work resulting therefrom which appear within a period of one year
from the date of final acceptance".
Section III 2 3 Revised OS/O1
Contractor's warranty and guarantee hereunder excludes improper maintenance and operation by
Owner's employees and normal wear and tear under normal usage for any portion of the Work
which has been partially accepted by the Owner for operation prior to final acceptance by the
Owner. Contractor's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor's obligation to perform
the Work in accordance with the Contract Documents: (i) observations by Engineer, (ii)
recommenda.tion 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 sha11 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 hannless Owner, Engineer,
Engineer's Consultants and the officers, directors, employees, agents and other consultants of each
and any of them from and against all claims, costs, losses and damages (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 properiy (other
than the work itsel fl, including the loss of use resulting therefrom, and (ii) is caused in whole or in
part by any negligent act or omission of Contractor, any Subcontractor, any Supplier, any person
directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for
whose acts any of them may be liable, regardless of whether or not caused in part by any negligence
or omission of a person or entity indemnified hereunder or whether liability is imposed upon such
indemnified party by Laws and Regulations regardless of the negligence of any such person.
If, through acts of neglect on the part of Contractor, any other Contractor or any Subcontractor shall
suffer loss or damage on the work, Contractor shall settle with such other Contractor or
Subcontractor by agreement or arbitration if such other Contractor or Subcontractor will so settle.
If such other Contractor or Subcontractor shall assert any claim against Owner on such account of
any damage alleged to have been sustained, Owner shall notify Contractor, who shall indemnify
and save harmless Owner against any such claim. In any and all claims against Owner or Engineer
or any of their respective consultants, agents, officers, directors, or employees by any employee (or
the survivor or personal representative of such employee) of Contractor, any Subcontractor, any
Section III 2 4 Revised OS/O1
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Supplier, any person directly or indirectly employed by any of them to perform or furnish any of the
work, or anyone for whose acts any of them may be liable, the indemnification obligation under this
paragraph sha11 not be limited in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for Contra.ctor or any such Sub-contractor, Supplier or other
person or organization under workers' compensation acts, disability benefit acts or other employee
benefit acts. The indemnification obligations of Contractor under this paragraph shall not extend to
the liability of Engineer and Engineer's Consultants, of�cers, 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 sha11 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 stora.ge of materials
and equipment and the execution of such other work and shall properly connect and coordinate the
work with theirs. Unless otheiwise provided in the Contract Documents, Contractor shall do a11
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 otheiwise altering their work and will only cut or alter their work
with the written consent of Engineer and the others whose work will be affected. The duties and
responsibilities of Contractor under this paragraph 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 azbitration, 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
sha11 notify the Contractor, who sha11 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 sha11 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
unsuita.ble for the proper execution and results of Contractor's work. Contractor's failure to so
report will constitute an acceptance of such other work as fit and proper for integration with
Contractor's work except for latent or nonapparent defects and deficiencies in such other work.
Section III 2 5 Revised OS/O1
7.2 COORDINATION - If Owner contracts with others for the performance of other work on the
Project at the site, the following will be set forth in the Scope of Work: (i) the person who will have
authority and responsibility for coordination of the activities among the various prime contractors
will be identified; (ii) the specific matters to be covered by such authority and responsibility will be
itemized; and (iii) the extent of such authority and responsibilities will be provided. Unless
otherwise provided in the Supplementary Conditions, Owner sha11 have sole authority and
responsibility in respect of such coordination.
8. OWNERS RESPONSIBILITY - Except as othervvise provided in these General Conditions,
Owner shall issue a11 communications to Contractor through Engineer.
Owner sha11 furnish the data required of Owner under the Contract Documents promptly and shall
make payments to Contractor promptly when they are due as provided in these General Conditions.
Owner is obligated to execute Change Orders as indicated in the Article on Changes In The Work.
Owner's responsibility in respect of certain inspections, tests, and approvals is set forth in the
Article on Tests and Inspections.
In connection with Owner's right to stop work or suspend work, see the Article on Engineer may
Stop the Work. The Article on Suspension of Work and Ternunation deals with Owner's right to
terminate services of Contractor under certain circumstances.
The Owner shall not supervise, direct or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences or procedures of construction or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the furnishing or performance of the Work. Owner will not be
responsible for Contractor's failure to perform or furnish the Work in accordance with the Contract
Documents.
9. ENGINEER'S STATUS DURING CONSTRUCTION
9.1 OWNERS REPRESENTATIVE - Engineer will be Owner's representative during the
construcrion period. The duties and the responsibilities and the limita.tions of authority of Engineer
as Owner's representative during construction are set forth in the Contract Docuxnents 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 adjushnent in the Contract Price or
the Contract Tirne and the parties are unable to agree to the amount or extent thereof, if any,
Contractor may make a written claim therefor as provided in the Articles for Change of Work and
Change of Contract Time.
Section III 2 6 Revised OS/O1
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9.3 REJECTING OF DEFECTIVE WORK - Engineer will have authority to disapprove or
� reject Work which Engineer believes to be defective, or that Engineer believes will not produce a
completed Project that conforms to the Contract Documents or that will prejudice 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.
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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 Tune. In connection with Engineer's authority as to
Applications for Payment, see the articles on Payments to Contractor and Completion.
9.5 DECISIONS ON DISPUTES - Engineer will be the initial interpreter of the requirements of
the Contract Documents and judge of the acceptability of the work thereunder. Claims, disputes
and other matters relating to the accepta.bility of the work or the interpretation of the requirements
of the Coniract Documents pertaining to the performance and furnishing of the work and Claims
under the Articles for Changes of Work, Changes of Contract Time and Changes of Contract Price
will be referred initially to Engineer in writing with a request for a formal decision in accordance
with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by
the claimant to Engineer and the other party to the Agreement promptly (but in no event later than
thiriy days) after the start of the occurrence or event giving rise thereto, and written supporting da.ta
will be submitted to Engineer and the other party within sixty days after the start of such occurrence
or event unless Engineer allows an additional period of time for the submission of additional or
more accurate data in support of such claim, dispute or other matter. The opposing 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 para.graph. Engineer's written decision on such claim, dispute or other matter will be final and
binding upon Owner and Contractor unless (i) an appeal from Engineer's decision is taken within
thirty days of the Engineers decision, or the appeal time which may be stated in a Dispute
Resolution Agreement between the Owner and Contractor for the settlement of disputes or (ii) if no
such Dispute Resolution Agreement has been entered into, a written norice 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 da.te 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.
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.
Section III 2 7 Revised OS/01
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 undertalting, 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 perfornung or furnishing any of the work.
Engineer's review of the final Application for Payment and accompanying documentation and all
maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection,
tests and approvals and other documentation required to be delivered by the Contractor will only be
to determine generally that their content complies with the requirements of the Contract Documents
and, in the case of certificates of inspections, tests and approvals that the results certified indicate
compliance with the Contract Documents.
The limitations upon authority and responsibility set forth in this paragraph shall also apply to
Engineer's Consultants and assistants.
10. CHANGES IN THE WORK - Without invalidating the Agreement and without notice to any
surety, Owner may, at any time or from time to time, order additions, deletions or revisions in the
Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a
Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall
promptly proceed with the Work involved which will be performed under the applicable conditions
of the Contract Documents (except as may otherwise be specifically provided).
If Owner and Contractor are unable to agree as to the extent, if any, of an 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 sha11 not be entitled to an increase in the Contract Price or an extension of the Contract
Time with respect to any Work performed that is not required by the Contract Documents as
amended, modified and supplemented as provided in these General Conditions except in the case of
an emergency as provided or in the case of uncovering work as provided in article for Uncovering
Work.
Section III 2 8 Revised OS/O1
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10. CHANGES IN THE WORK CONTINUED:
Owner and Contractor shall execute appropriate Change Orders or Written Amendments
recommended by Engineer covering:
changes in the work which are (i) ordered by Owner (ii) required because of acceptance of
defective work under the article for Acceptance of Defective Work or correcting defective
Work under the article for Owner May Correct Defective Work or (iii) agreed to by the
parties;
changes in the Contract Price or Contract Time which are agreed to by the parties; and
changes in the Contract Price or Contract Time which embody the substance of any written
decision rendered by Engineer pursuant to the article for Decisions on Disputes ;
provided that, in lieu of executing any such Change Order, an appeal may be taken from any
such decision in accordance with the provisions of the Contract Documents and applicable
Laws and Regulations, but during any such appeal, Contractor sha11 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
� Docuxnents (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.
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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 perfortning the Work.
All duties, responsibilities and obligations assigned to or undertaken by Contractor sha11 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
thiriy days) after the start of the occurrence or event giving rise to the claim. Notice of the amount of
the claim with supporting data shall be delivered within sixty days after the start of such occurrence
or event (unless Engineer allows additional time for claimant to submit addirional 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 adjushnent 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)
Section III 2 9 Revised OS/O 1
11.1 CHANGES IN THE CONTRACT PRICE CONTINUED:
where the Work involved is not covered by unit prices contained in the Contract Documents, by a
mutually agreed lump sum (which may include an allowance for overhead and profit), (iii) where the
Work is not covered by unit prices contained in the Contract Documents and agreement is reached to
establish unit prices for the Work.
11.2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT It is understood that
Contractor has included in the Contract Price all allowances so named in the Contract Documents
and shall cause the Work so covered to be furnished and performed for such sums as may be
acceptable to Owner and Engineer. Contractor agrees that: (i) the allowances include the cost to
Contractor (less any applicable trade discounts) of materials and equipment required by the
allowances to be delivered at the Site, and all applicable taxes; and (ii) Contractor's costs for
unloading and handling on the site, labor, installation costs, overhead, profit and other expenses
contemplated for the allowances have been included in the Contract Price and not in the allowances
and no demand for additional payment on account of any of the foregoing will be valid.
Prior to final payment, an appropriate Change Order will be issued as recommended by 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 guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities
and classifications of Unit Price Work performed by Contractor will be made by Engineer. Each unit
price will be deemed to include an amount considered by Contractor to be adequate to cover
Contractor's overhead and profit for each separately identified item. Owner or Contractor may make
a claim for an adjustment in the Contract Price if: (i) the quantity of any item of Unit Price Work
performed by Contractor differs materially and significantly from the estimated quantity of such item
indicated in the Contract Documents; and (ii) there is no corresponding adjustment with respect to
any other item of Work; and (iii) if Contractor believes that Contractor is entitled to an increase in
Contract Price as a result of having incurred additional expense or Owner believes that Owner is
entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any
such increase or decrease. On unit price contracts, the Owner endeavors to provide adequate unit
quantities to satisfactorily complete the construction of the project. It is expected that in the normal
course of project construction and completion that not all unit quantities will be used in their entirety
and that a finalizing change order which adjusts contract unit quantities to those unit quantities
actually used in the construction of the project will result in a net decrease from the original Contract
Price. Such reasonable deduction of final Contract Price should be anticipated by the Contractor in
his original bid.
Section III 3 0 Revised OS/O1
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12. CHANGES IN THE CONTRACT TIlVIE
The Contract Time (or Milestones) may only be changed by a Change Order or a Written
Amendment. Any claim for an adjustment of the Contract Time (or Milestones) shall be based on
written notice delivered by the pariy making the claim to the other pariy and to Engineer promptly
(but in no event later than thirty da.ys) 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 accurate data in support of the claim) and shall be accompanied by the
claimant's written statement that the adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for
adjustment in the Contract Time (or Milestones) shall be deterinined by Engineer. No claim for an
adjustment in the Contract Time (or Milestones) will be valid if not submitted in accordance with the
requirements of this paragraph.
All time limits stated in the Contract Documents 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
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Work. Delays beyond the control of Contractor shall include, but not be limited to, acts by Owner,
acts of utility owners or other contractors perfornung 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 perfornung other work as contemplated by paragraph for Other Work.
� Section III 31 Revised OS/O1
13. TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK -
13.1 TESTS AND INSPECTION - Contractor shall give Engineer timely notice of readiness of the
Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing
personnel to facilitate required inspections or tests.
Owner sha11 employ and pay for the services of an independent testing laboratory to perform a11
inspections, tests, or approvals required by the Contract Documents or perform these testing services
with the Owner's and/or Engineer's staff except for inspections, tests or approvals as otherwise
provided in the Contract Documents. The costs for these inspections, tests or approvals sha11 be
borne by the Owner except as otherwise provided in the Contract Documents.
If Laws or Regulations of any public body ha.ving jurisdiction require any Work (or pazt thereo fl
specifically to be inspected, tested or approved by an employee or other representative of such public
body including all City Building Departrnents and City Utility Departments, Contractor shall assume
full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in
connection therewith, and furnish Engineer the required certificates of inspection or approval.
Unless otherwise stated in the Contract Documents, City permit and impact fees will be waived.
Contractor shall also be responsible for arranging and obtaining and shall pay all costs in connection
with any inspections, tests or approvals required for Owner's and Engineer's acceptance of materials
or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted
for approval prior to Contractor's purchase thereof for incorporation of the Work.
If any Work (or the work of others) that is to be inspected tested or approved is covered by
Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered
for observation. Uncovering Work as provided in this paragraph shall be at Contract's expense unless
Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer
has not acted with reasonable promptness in response to such notice.
13.2 iTNCOVERING THE WORK - If any Work is covered contxary to the written request of
Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at
Contractor's expense.
Section III 3 2 Revised OS/O1
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13.2 UNCOVERING THE WORK CONTINUED:
If Engineer considers it necessary or advisable that covered Work be observed by Engineer or
inspected or tested by others, Contractor, at Engineer's request, sha11 uncover, expose or otherwise
make available for observation, inspection or testing as Engineer may require, that portion of the
Work in question, furnishing a11 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 a11 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 sha11 be allowed an increase in the Contract Price or an extension of the
Contract Time (or Milestones), or both, directly attributable to such uncovering, exposure,
observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to
agree as to the amount or extent thereof, Contractor may make a claim therefor as provided the article
for Change in Contract Price and Change of Contract Time.
13.3 ENGINEER MAY STOP THE WORK - If the Work is defective, or Contractor fails to
supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the
Work in such a way that the completed Work will conform to the Contract Documents, Engineer
may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been
eliminated; however, this right of Engineer to stop the Work sha11 not give rise to any duty on the
part of Engineer or Owner to exercise this right for the benefit of Contractor or any surety or other
pariy. If the Engineer stops Work under this paragraph, Contractor shall be entitled to no extension
of Contract Time or increase in Contract Price.
13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK - If required by Engineer,
� Contractor shall promptly, as directed, either correct all defective Work, whether or not fabricated,
installed or complet�, 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).
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13.5 WARRANTY/CORRECTION PERIOD - If within one year after the date of Substantial
Completion or such longer period of time as may be prescribed by Laws or Regulations or by the
terms of any applicable special guarantee required by the Contract Documents or by any specific
provision of the Contract Documents, any Work is found to be defective, Contractor shall promptly,
without cost to Owner and in accordance with Owner's written instructions; (i) correct such defective
Work, or, if it has been rejected by Owner, remove it from the site and replace it with Work that is
not defective and (ii) satisfactorily correct or remove and replace any damage to other Work or the
work of others resulting therefrom. If Contractor does not promptly comply with the terms of such
instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may
have the defective Work corrected or the rejected. Work removed and replaced, and all claims, costs,
losses and damages caused by or resulting from such removal and replacement (including but not
limited to all costs of repair or replacement of work of others) will be paid by Contractor.
Section III 3 3 Revised OS/O1
13.5 WARRANTY/CORRECTION PERIOD CONTINUED:
In special circumstances where a particular item of equipment is placed in continuous service before
Final Completion of all the Work, the correction period for that item may start to run from an eazlier
date if specifically and expressly so provided in the Specifications or by Written Amendment.
Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed
or replaced under this paragraph the correction period hereunder with respect to such Work will be
extended for an additional period of one year after such correction or removal and replacement has
been satisfactorily completed.
13.6 ACCEPTANCE OF DEFECTIVE WORK - If, instead of requiruig correction or removal
and replacement of defective Work, Owner prefers to accept it, Owner may do so.
Contractor shall pay a11 claims, costs, losses and damages attributable to Owner's evaluation of and
deternlination 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 - If Contractor fails within a reasonable
time after written notice from Engineer to correct defective Work or to remove and replace rejected
Work as required by Engineer in accordance with the article for Correction and Removal of
Defective Work or if Conixactor 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 deficiency.
In exercising the rights and remedies under this paragraph Owner sha11 proceed expeditiously. In
connection with such corrective and remedial action, Owner may exclude Contractor from a11 or part
of the site, take possession of all or part of the Work, and suspend Contractor's services related
thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at
the site, and incorporate in the Work all materials and equipment stored at the site or for which
Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's
representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's
Consultants access to the site to enable Owner to exercise the rights and remedies under this
paragraph. All claims, costs, losses and damages incurred or sustained by Owner in exercising such
rights and remedies will be charged against Contractor and a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to the Work; and
Owner shall be endtled to an appropriate deerease in the
Section III 3 4 Revised OS/O1
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13 . 7 OWNER MAY CORRECT DEFECTIVE WORK CONTINUED:
Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may make a
claim therefor as provided in the article for Change of Contract Price. Such claims, costs, losses and
damages will include but not be limited to all costs of repa.ir 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 ariributable to the exercise by Owner of Owner's rights and
remedies hereunder.
14. PAYMENTS TO CONTRACTOR AND COMPLETION
Progress payments on account of Unit Price Work will be based on the number of units completed.
14.1 APPLICATION FOR PROGRESS PAYMENT - Contractor shall submit (not more often
� than once a month) to Engineer for review an Application for Payment filled out and signed by
Contra.ctor 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 a11 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 sha11 be construed to be acceptance of any portion of the Work under contract.
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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 a11 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 sha11
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 Contxactor or Subcontractor
subject to any chattel mortgage or under a conditional sale contact or other agreement by which an
interest is retained by the seller. Contractor warrants that he has good title to all materials and
supplies used by him in the Work, free from all liens, claims or encumbrances. Contractor shall
indemnify and save Owner hannless from a11 claims growing out of the lawful demands of
Subcontractors, laborers, worlanen, mechanics, materialmen, and furnisher's of machinery and parts
thereof, equipment, power tools, and all supplies incurred in the furtherance of the performance of
this Contract. Contractor shall at Owner's request, fumish satisfactory evidence that all obligations of
the nature hereinabove designated have been paid, discharged, or waived. If Contractor fails to do
so, then Owner may, after having served written notice on said Contractor either pay unpaid bills, of
which Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of
Section III 3 5 Revised 05/O1
14.2 CONTRACTOR'S WARRANTY OF TITLE CONTINUED:
money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence
is furnished that all liabilities have been fully discharged, whereupon payment to Contractor sha11 be
resumed in accordance with the terms of this Contract, but in no event shall the provisions of this
sentence be construed to impose any obligations upon Owner to the Contractor or the Surety. In
paying any unpaid bills of the Contractor, Owner shall be deemed the agent of Contractor and any
payment so made by Owner shall be considered as payment made under the Contract by Owner to
Contractor, and Owner shall not be liable to Contractor for any such payment made in good faith.
14 . 3 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS Engineer will within
twenty days after receipt of each Application for payment, either indicate a recommendation of
payment and present Application to Owner, or return the Application to Contractor indicating
Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the
necessary corrections and resubmit the Application. Engineer may refuse to recommend the whole
or any part of any payment to the Owner. Engineer may also refuse to recommend any such
payment, or, because of subsequently discovered evidence or the results of subsequent inspections or
test, nullify any such payment previously recommended, to such extent as may be necessary in
Engineer's opinion to protect Owner from loss because: (i) the Work is defective, or completed Work
has been damaged requiring conection or replacement, (ii) the Contract Price has been reduced by
amendment or Change Order, (iii) Owner has been required to correct defective Work or complete
Work, or (iv) Engineer has actual knowledge of the occurrence of any of the events enumerated in
the article on Suspension of Work and Ternunation.
Owner may refuse to make payment of the full amount recommended by the Engineer because: (i)
claims have been made against Owner on account of Contractor's performance or furnishing of the
Work, (ii) Liens have been filed in connection with the Work, except where Contractor has delivered
a specific Bond satisfactory to Owner to secure the satisfaction and discharge of such Liens, (iii)
there are other items entitling Owner to a set-off against the amount recommended, or (iv) Owner has
actual lrnowledge of any of the events described in this paragraph. The Owner shall give Contractor
immediate notice of refusal to pay with a copy to the Engineer, stating the reasons for such actions,
and the Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto
agreed to by Owner and Contractor, when Conixactor corrects to Owner's satisfaction the reasons for
such action.
14.4 PARTIAL UTILIZATION - Use by Owner at Owner's option of any substantially completed
part of the Work which (i) has specifically been identified in the 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:
Section III 3 6 Revised OS/01
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14.4 PARTIAL UTILIZATION CONTINUED:
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 sha11 make an inspection of that part of the Work to determine its status of
completion. If Engineer does not consider that part of the Work to be substantially complete,
Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer
considers that part of the Work to be substantially complete, the provisions of the articles for
Substantial Completion and Partial Utilization will apply with respect to certification of Substantial
Completion of that part of the Work and the division of responsibility in respect thereof and access
thereto.
' 14.5 FINAL INSPECTION - Upon written notice from Contractor that the entire Work or an
agreed portion thereof is complete, Engineer will make a final inspection with Owner and Contractor
and will notify Contractor in writing of all particulars in which this inspection reveals that the Work
� is incomplete or defective. Contractor sha11 immediately take such measures as are necessary to
complete such Work or remedy such deficiencies.
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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 para.graph for Bonds and Insurance, certificates of
inspection, marked-up record documents as may be required in the Contxact 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 (ui) complete and legally effective releases or waivers
(satisfa.ctory 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 affidavit of Contractor that: (i) the releases and receipts include all labor,
services, material and equipment for which a Lien could be filed, and (ii) a11 payrolls, material and
equipment bills and other indebtedness connected with the Work for which Owner or Owner's
property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor
or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a Bond or other
collateral satisfactory to Owner to indemnify Owner against any Lien.
Prior to application for final payment, Contractor sha11 clean and remove from the premises all
' surplus and discarded materials, rubbish, and temporary structures, and sha11 restore in an acceptable
manner all property, both public and private, which has been damaged during the prosecution of the
Work, and shall leave the Work in a neat and presentable condition.
� Section III 3 7 Revised OS/O1
14.7 FINAL PAYMENT AND ACCEPTANCE - If through no fault of Contractor, final
completion of the Work is significantly delayed and if Engineer so confirms, Owner shall, upon
receipt of Contractor's final Application for payment and recommenda.tion of Engineer, and without
tenninating 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 paragraph for Bonds and Insurance, the written consent of the surety to the payment of
the balance due for that portion of the Work fully completed and accepted sha11 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 docuxnenta.tion, all as
required by the Contract Docuxnents, Engineer is satisfied that the Work has been completed and
Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will
indicate in writing his recommendation of payment and present the Application to Owner for
payment. Thereupon Engineer will give written notice to Owner and Contractor that the Work is
acceptable 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 arising from unsettled Liens, from
defective Work appearing after final inspection, from failure to comply with the Contract Documents
or the terms of any special guarantees specified therein, or from Contractor's continuing obligations
under the Contract Documents; and a waiver of all claims by Contractor against Owner other than
those previously made in writing and still unsettled.
15. SUSPENSION OF WORK AND TERMINATION
15.1 OWNER MAY SUSPEND THE WORK - At any time and without cause, Engineer may
suspend the Work or any portion thereof for a period of not more than ninety days by notice in
writing to Contractor which will fix the date on which Work will be resumed. Contractor shall
resume the Work on the date so fixed. Contractor shall be allowed an adjustment in the Contract
Price or an extension of the Contract Times, or both, directly attributable to any such suspension if
Contractor makes an approved claim therefor as provided in the articles for Change of Contract Price
and Change of Contract Time.
Section III 3 8 Revised OS/O1
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15. SUSPENSION OF WORK AND TERMINATION CONTINUED:
15 . 2 OWNER MAY TERMINATE - Upon the occurrence of any one or more of the following
events; if Contractor persistently fails to perform the work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable
materials or equipment or failure to adhere to the progress schedule as adjusted from time to time);
if Contractor disregards Laws and Regulations of any public body having jurisdiction;
if Contractor disregards the authority of Engineer;
if Contractor otherwise violates in any substantial way any provisions of the Contract
Documents; or if the Work to be done under this Contract is abandoned, or if this Contract
or any part thereof is sublet, without the previous written consent of Owner, or if the
Contract or any claim thereunder is assigned by Contractor otherwise than as herein
specified, or at any time Engineer certifies in writing to Owner that the rate of progress of
the Work or any part thereof is unsatisfactory or that the work or any part thereof is
unnecessarily or unreasonably delayed.
Owner may, after giving Contra.ctor (and the surety, if any), seven days' written notice and, to the
extent pernutted by La.ws 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, conshuction
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 a11
materials and equipment stored at the site or for which Owner has paid Contractor but which are
stored elsewhere, and finish the Work as Owner may deem expedient. In such case Contractor shall
not be entitled to receive any further payment until the Work is fuushed. If the unpaid balance of
the Contract Price exceeds a11 claims, costs, losses and damages sustaaned by Owner arising out of
or resulting from completing the Work such excess will be paid to Contractor.
If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the
difference to Owner. Such claims, costs, losses and damages incurred by Owner will be reviewed
by Engineer as to their reasonableness and when so approved by Engineer incorporated in a Change
Order, provided that when exercising any rights or remedies under this paragraph Owner shall not
be required to obtain the lowest price for the Work performed.
Where Contractor's services have been so terminated by Owner, the ternunation will not affect any
rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any
retention or payment of moneys due Contractor by Owner will not release Contractor from liability.
Section III 3 9 Revised OS/01
15. SUSPENSION OF WORK AND TERMINATION:
15.2 OWNER MAY TERMINATE CONTINUED:
Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and
without prejudice to any other right or remedy of Owner, elect to terminate the Agreement. In such
case, Contractor shall be paid (without duplication of any items):
for completed and acceptable Work executed in accordance with the Contract Documents
prior to the effective date of termination, including fair and reasonable sums for overhead
and profit on such Work;
for expenses sustained prior to the effective date of teimination in performing services and
fixrnishing 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 ariributa.ble to
ternunation.
Contractor sha11 not be paid on account of loss of anticipated profits or revenue or other economic
loss arising out of or resulting from such termixiation.
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 da.ys to pay Contractor any sum
finally deternuned 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 Tenninate. 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 deternuned to be
due, Contractor may upon seven day's written notice to Owner and Engineer stop the Work until
payment of a11 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 othervvise for expenses or damage directly attributable to Contractor's stopping
Work as permitted by this article.
Section III 4 0 Revised OS/O1
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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 Decisians 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 sha11 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 pernutted or required to be used or transmitted under the Contract
Documents shall be deternuned 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 pariy within a reasonable time of the first observance of such injury or
' damage. The provisions of this paragraph shall not be construed as a substitute for or a waiver of
the provisions of any applicable sta.tute of limitations or repose.
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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 chazges of engineers, architects, attorneys and other professionals and all
court or other dispute resolution costs.
17.5 ASSIGNMENT OF CONTRACT - The Contractor shall not assign this contract or any part
, thereof or any rights thereunder without the approval of the Owner, nor without the consent of
surety unless the surety has waived its rights to notice of assignment.
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17.6 RENEWAL OPTION - Annual Contracts issued through Public Works Administration may
be renewed for up to two (2) years, upon mutual consent of both the City and the
Contractor/Vendor. All terms, conditions and unit prices shall remain constant unless otherwise
specified in the coniract specifications or in the Invitation to bid. Renewals shall be made at the
sole discretion of the City, and must be agreed to in writing by both parties. All renewals are
contingent upon the availability of funds, aud the satisfactory performance of the Contractor as
deternuned by Public Works Administration.
Section III 41 Revised OS/O1
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SECTION IV - TECH1vICAL SPECIFICATIONS
SCOPE OF WORK: Clearwater Exotic & Invasive Species Control Project
� The work required under this conhact is for the removal of exotic vegetation, by a certified arborist,
on properties owned by and located in the City of Clearwater. The work contemplated under this
bid shall include but not be limited to all equipment, materials, labor, and necessary permits to
� provide for the removal of any existing exotic vegetation as listed on the Florida Exotic Pest Plant
Council's list of Invasive species. Any work not itemized but is deemed necessary to complete the
project shall be furnished by the Contractor as part of the work. Cost for such items shall be
, included in the Lump Sum Bid for the project except where contingency line item prices are
specified.
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It is the contractor's responsibility to remove whatever amount of invasive, exotic vegetation
necessary to accomplish total eradication on all of the properties within 120 da.ys of the contract
award date.
It is the contractor's responsibility to ascertain by his own means and judgment, the amount of
effort required to accomplish the work as described, and to prepare the bid accordingly.
Vegetation should be removed by methods that will result in minimal impacts to the wetland and
upland areas.
A 10% contingency will be included in the contract.
Method of Payment:
Invoices are to be submitted upon completion of work for each site. Lump sum payments will be
made for each site upon completion of exotic and invasive species removal and initial spraying.
The following activities are required to complete the following job and should be included in
the bid quotation.
PREPARATION AND PERMITTING:
A. The contractor will be required to evaluate each site and deternune accessibility to the
properties and degree of infestation of the existing invasive, exotic vegetation to be
removed. Maps are attached indicating the specific locadons of the sites.
The contract will include the following sites:
1) Winding Woods Cypress Bend (�2 acres) — Map 222A
This targeted location is a portion of a 16-acre City-owned passive park located north of
Enterprise Road. The site's perimeter is predominantly Brazilian pepper trees.
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2) A portion of Cliff Stephens Park (�3 acres) — Map 282A
This park is located along a portion of Alligator Creek, north of Drew Street. The park
has isolated clusters of Brazilian pepper trees along the perimeter of lake's water edge.
3) South side of Lake Chautauqua (�6 acres) — Map 244A
This site is located east of highway US19, just south of Curlew Road. Brazilian pepper
is the predominant, exotic species on this site.
4) Drew St. & Bayview (� 10 acres) — Map 282B
Isolated clusters of exotic vegetation exist on this site.
� 5) Enterprise Road Wetland (�3 acres) — Map 233A
This site is located east of Highway US 19 and south of Enterprise Road. This site's
penmeter is infested with Bra.zilian pepper.
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6) A portion of Northeast Coachman Park (�4 acres) — Map 272A
This site is located on Old Coachman Road and N.E. Coachman. Several species of
exotic vegetation has infested this site.
B. The project shall be completed with selective removal of the invasive, exotic vegetation
including but not limited to the following listed below as well as any species listed on the
"Florida Exotic Pest Plant Councils 2003 List of Invasive Species". All native vegetation
shall remain on site. No negative impacts to any native vegetation is crucial to the success
of this project.
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Brazilian Pepper (Schinus terebinthifolius)
Air potato (Dioscorea bulbifera)
Australian Pine (Casuarina spp.)
Carrotwood (Cupaniopsis anacardioides)
Castor bean (Ricinus communis)
Chinese Tallow (Sapium sebiferun)
Silk Oak (Grezillea robusta)
Bishopwood (Bishofia javanica)
Weeping fig (Ficus benjamina)
Punk tree (Melaleuca quinquenervia)
Paper-bark tree (Melaleuca leucadendra)
Ear Tree (Enterolobium cyclocarpum)
Chinaberry (Melia azeoarach)
Primrose Willow (Ludwigia peruviana)
A certified arborist on staff is required to oversee this project. Proper procedures must be
followed in the application of all herbicides.
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D. A project sign must be posted on each site 24 hours prior to the start of work. Prior to
' posting, a preliminary design must be approved by City staff.
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E. Obta.in Clearing and Grubbing Pernuts from the City of Clearwater's Planning Depariment.
The pernut fee sha11 be waived for this project. The pernutting offices are located at 100
South Myrtle Avenue, Clearwater, Florida. Contractors working within the City limits are
required to have an Occupational License.
F. The methods required for this project aze as follows:
1) Initial mechanical removal of the exotic vegetation
a. In wetland azeas, only chainsaw and hand removal is pernutted
b. All debris must ha.uled off site and disposed of properly
2) Herbicidal Contxol
a. Any exotic vegetation remaining after the mechanical removal must be sprayed
(or painted on stumps) in phases.
3) Follow up Treatments
' a. One follow-up visit and herbicidal control treatment for re-sprouting exotic
vegetation (90 days after completion) is required for each site to ensure eradication.
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OTHER:
All services conducted by the Contractor shall be in compliance with any and all applicable
federal, State and local laws and regulations, and conducted in a manner consistent with that
level of care and skill ordinarily exercised by nationally recognized members of the
profession currently practicing in the same locality under similar conditions.
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PROJECT: Clearwater Exotic and Invasive Soecies Control Proiect (04-0010-E1�
Clearwater, Florida
SECTION IV -1. SCOPE OF WORK (continued)
The following Articles of the Technical Specifications will apply to this contract if marked `�X" as
shown below•
ART. # ARTICLE DESCRIPTION
1. X Sco e of Work
2. Conshuction Staking -
a. Line, Grade & Record Drawings by Contractor
b. Line, Grade & Record Drawin s b Ci
3. X Definition of Terms
4. Order and Location of Work
5. Excavation of Under ound Work
6. Concrete
7. Excavation and Forms for Concrete Works
8. Reinforcement for Concrete
9. Obstructions
10. Restoration or Re lacement of Curbs, Drivewa s, Sidewalks and Pavement
11. Work in Easements and Parkwa s
12. Dewaterin
13. Sani - Manholes
14. Backfill
15. Street Crossin
16. Raisin or Lowerin of Sanit Sewers, Storm Draina e Structures
17. Unsuitable Material Removal
18. Underdrains
19. Storm Sewers
20. Sanitary Sewers and Force Mains
21. Draina e
22. Roadwa Base and Sub ade
23. As haltic Concrete Materials
24. As haltic Material Ad'ust Bid Price
25. General Planting Specifications
a. Landscaping
b. Lighting
c. Irrigation
' d. Pum and Well
26. HDPE DeformedlReformed Pi e Linin
27. Plant Mix Drivewa s
28. R ortin of Tonna e of Rec cled Materials
29. Concrete Curbs
30. Concrete Sidewalks
31. Soddin
32. Seedin
33. Storm Manholes, Inlets, Catch Basins, or other Storm Structures
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34. Material Used
35. Conflict Between Plans and S ecifications
36. Street Si s
37. Audio/Video Taping of Construction Work Areas
a. Not Required
b. Contractor
38. X Erosion and Siltation Control
39. Utility Tie-In Location Markin
40. Award of Contract, Work Schedule and Guarantee
41. Water S ecifications
42. Gas S ecifications
43. Tennis Courts
43a. Cla Tennis Courts
44. Work Zone Traffic Control
Certified Work Zone Su ervisor
45. Cured-In Place Pi e Linin
46. Pol eth lene Sli linin
47. Pol 'n 1 Chloride Ribbed Pi e
48. Gunite S ecifications
49. Sanit and Storm Manhole Liner Restoration
50. X Pro'ect Information Si
51. In Line Skate Surfacin S stem
52. Residents Notification
a. City
b. Contractor
53. Gabions and Mattresses
54. Lawn Maintenance S ecifications
55. Millin erations
56. Clearin and Grubbing
57. Ri Ra
58. Treatment Plant Safe
59. Traffic Si al ui ment and Materials
60. Si ' and Markin
61. Roadwa Li tin
62. Root Pruning
2a
TIME: 120 DAYS
3. DEFI1vITION OF TERMS:
For the purpose of these Technical Specifications the following definition of terms sha11 apply:
CITY: City of Clearwater, Pinellas County, FL.
ENGINEER: The City Engineer of the City of Clearwater, Pinellas County, Florida,
or his authorized representative.
CONTRACTOR: The person, fum or corporation with whom this contract or agreement
has been made by the City of Clearwater or its duly authorized
representative.
INSPECTOR:
F.D.O.T.
SPECIFICATIONS:
I�l��: �4�i Cia
An authorized representa.tive of the City Engineer of Clearwater,
assigned to make official inspections of the material furnished and the
work performed by the Contractor.
The Standard Specifications for Road and Bridge Construction as
issued by the Florida Department of Transporta.tion (latest English
edition).
American Association of State Highway and Transporta.tion Officials.
A.W.S.: American Welding Society
A.S.T.M.: American Society for Testing Materials
A.S.A.: American Standards Association
A.N.S.I.
A.W.W.A.
American National Standards Institute
American Water Works Association
O.S.H.A. Occupational Safety & Health Administration
A.C.I. American Concrete Institute
Section IV , +
3. Definition of terms continued:
REPRESENTATIVE OF CONTRACTOR: The Contractor shall assign a responsible
person or persons, one of whom shall be at the construction site at all times that work is
progressing. The names and positions of these persons shall be submitted to the City Engineer
at the time of the pre-construction conference. This person or persons shall not be changed
without written approval of City Engineer.
ESTIMATED QUANTITIES: The Contractor's attention is called to the fact that the
estimate of quantities as shown on the Proposal Sheet is approximate and is given only as a
basis of calculation upon which the award of the contract is to be made. The City does not
assume any responsibility that the final quantities will remain in strict accordance with
estimated quantities nor shall the contractor plead misunderstandings or deception because of
such estimate of quantities or of the character or location of the work or of other conditions or
situations pertaining thereto.
4. ORDER AND LOCATION OF THE WORK: The City reserved the right to accept and use
any portion of the work whenever it is considered to the public interest to do so. The Engineer
shall have the power to direct on what line or street the Contractor shall work and order
thereof.
5. EXCAVATION FOR UNDERGROUND WORK: The contractor is responsible to take all
necessary steps to conduct all excavation in a manner which provides for the successful
completion of the proposed work while at all times maintaining the safety of the worlanen, the
general public and both public and private property. The contractor's methods of work will be
consistent with the standard practices and requirements of all appropriate Safety Regulatory
Agencies, particularly the Occupational Safety and Health Administration (OSHA)
requirements for excavation. Unless otherwise specifically stated in these plans and
specifications, the methods of safety control and compliance with regulatory agency safety
requirements are the full and complete responsibility of the contractor.
For the purposes of the Contractor's safety planning in the bidding process, the contractor is to
consider all excavation to be done in the performance of this contract to be in soil classified as
OSHA "Type C". The Contractor's attenrion is called to specific requirements of OSHA for
excavation shoring, employee entry, location of excavated material adj acent to excavation, the
removal of water from the excavation, surface encumbrances and in particular the requirement
of a"Competent Person" to control safety operations. The Contractor will identify his
Competent Person to City sta.ff at the start of construction.
Secelon IV � �
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ARTICLE 38 - EROSION AND SILTATION CONTROL
1. STABILIZATION OF DENUDED AREAS: No disturbed area may be denuded for
more than thirty (30) calendar da.ys unless otherwise authorized by the City Engineer.
During construction, denuded areas shall be covered by mulches such as straw, hay, filter
fabric, seed and mulch, sod, or some other permanent vegetation. Within sixty (60)
calendar days after final graade is established on any portion of a project site, that portion of
the site shall be provided with established permanent soil stabilization measures per the
original site plan, whether by impervious surface or landscaping.
2. PROTECTION AND STABILIZATION OF SOIL STOCKPILES: Fill material
stockpiles sha11 be protected at all times by on-site drainage controls which prevent erosion
of the stockpiled material. Control of dust from such stockpiles may be required, depending
upon their location and the expected length of time the stockpiles will be present. In no
case shall an unstabilized stockpile remain after thirty (30) calendar da.ys.
3. PROTECTION OF EXISTING STORM SEWER SYSTEMS: During construction, all
storm sewer inlets in the vicinity of the project shall be protected by sediment traps such as
secured hay bales, sod, stone, etc., which shall be maintained and modified as required by
construction progress, and which must be approved by the City Engineer before installation.
4. SEDIMENT TRAPPING MEASURES: Sediment basins and traps, perimeter berms,
filter fences, berms, sediment barriers, vegetative buffers and other measures intended to
trap sediment and/or prevent the transport of sediment onto adjacent properties, or into
existing water bodies; must be installed, constructed, or, in the case of vegetative buffers,
protected from disturbance, as a first step in the land alteration process. Such systems shall
be fully operative and inspected by the City before any other disturbance of the site begins.
Earthen structures including but not limited to berms, earth filters, dams or dikes shall be
stabilized and protected from drainage damage or erosion within one week of installation.
5. SEDIMENTATION BASINS: Areas of 3 acres or more sha11 be required to have
temporary sedimentation basins as a positive remedy against downstream silta.tion and will
be shown and detailed on construction plans. During development, permanent detention
areas may be used in place of silt basins, provided they are maintained to the satisfaction of
the City.
Section N
75
ARTICLE 38 - EROSION AND SILTATION CONTROL CONTINUED:
The Contractor will be required to prohibit discharge of silt through the outfall structure
during construction of any detention area and will be required to clean out the detention area
before installing any permanent subdrain pipe. In addition, permanent detention areas must
be totally cleaned out and operating properly at final inspection and at the end of the one
year watranty period. When temporary sedimentation basins are used, they shall be capable
at a11 times of contain-ing at least one (1) cubic foot of sediment for each one hundred (100)
square feet of area tributary to the basin. Such capacity shall be maintained throughout the
project by regular removal of sediment from the basin.
6. WORKING IN OR CROSSING WATERWAYS OR WATERBODIES: Land
alteration and construction shall be minimized in both permanent and internuttent
waterways and the immediately adjacent buffer of 25 feet from top of bank of the
waterways and the buffer area whenever possible, and barriers shall be used to prevent
access. Where in-channel work cannot be avoided, precautions must be taken to stabilize
the work azea during land alteration, development and/or construction to minimize erosion.
If the channel and buffer area are disturbed during land alteration, they must be stabilized
within three (3) calendar days after the in-channel wark is completed.
Silt curtains or other filter/siltation reduction devices must be installed on the downstream
side of the in-channel alteration activity to eliminate impacts due to increased turbidity.
Wherever stream crossings are required, properly sized temporary culverts shall be provided
by the contractor and removed when construction is completed. The area of the crossing
shall be restored to a condition as nearly as possible equal to that which existed prior to any
construction activity.
7. SWALES, DITCHES AND CHANNELS: All swales, ditches and channels leading from
the site sha11 be sodded within three (3) days of excavation. All other interior swales, etc.,
including detention areas will be sodded prior to issuance of a Certificate of Occupancy.
8.
section rv
UNDERGROUND UTILITY CONSTRUCTION: The construction of underground
utility lines and other structures shall be done in accordance with the following standards:
a. No more than 4001ineal feet of trench shall be
open at any one time;
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ARTICLE 38 - EROSION AND SILTATION CONTROL CONTINUED:
9.
10.
b. Wherever consistent with safety and space consideration, excavated material shall be cast
to the uphill side of trenches. Trench material shall not be cast into or onto the slope of
any stream, channel, road ditch or waterway.
MAINTENANCE: All erosion and siltation control devices shall be checked regularly,
especially after each rainfall and will be cleaned out and/or repaired as required.
COMPLIANCE: Failure to comply with the aforementioned requirements may result in a
fine and/or more stringent enforcement procedures such as (but not limited to) issuance of a
"Stop Work Order".
City of Clearwater Standard Detail Drawings No. 641-607 are examples of accepted
methods that may be used or required to control erosion and siltation.
77
Section N
Citv of Clearwater - Erosion Control
This notice is to inform the prime contractor that the City of Clearwater holds them responsible
for soil erosion control on their site.
The City of Clearwater Public Works Department has the responsibility to minimize the amount
of soil erosion into the City's streets, storm sewers and waterways.
The construction of a new residence or commercial site and major remodeling of an existing site
creates a potential for soil erosion. These instances are usually the result of contractors and
subcontractors accessing the property with equipment or construction materials. Then rain
storms redistribute the eroded soil into the adj acent streets, storm systems and waterways.
When erosion takes place, a Planning & Development Services Inspector or a Public Works
Inspector will place a correction notice at the site. The procedure will be as follows:
• 1 St occurrence -
� 2°a occurrence -
• 3rd occurrence -
• 4�` occurrence -
Warning
$30 reinspection fee
$70 reinspection fee
Stop work order
Dependent on the severity of the erosion, the City's Public Works
Administration Department may elect to rectify the erosion problem and
charge the contractor accordingly.
The attached drawings and details are recommendations for the contractor to use as means to
support the site from eroding. The contractor may elect to shovel and sweep the street daily or on
an as needed basis. However, erosion must be held in check.
If the contractor would like to meet with a Public Works inspector on any particular site, please
contact Bob Sebek at 462-6126 or Rick Albee with Planning & Development Services at 562-
4741.
Erosion Control Required - City of Clearwater's Code of Ordinances Section 50.43 requires
erosion control on all land development projects.
Erosion control must be in place and maintained throughout the job. Failure to do so may result
in additional costs and time delays to the permit holder.
Contact Public Works Administration with specific questions at 562-4750.
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ARTICLE 50: PROJECT INFORMATION SIGN3
SCOPE AND PURPOSE: The City desires to inform the general public
on the City's use and expenditure of public funding for general
capital improvement and maintenance projects. To help accomplish
this purpose, the Contractor is required to prepare and display
public project information signs during the full course of the
contract period. These signs will be displayed at all location(s)
of active work.
TYPE OF PROJECT 3IGN, FIXED OR PORTABLE: Sign type shall be
� "fixed" on stationary projects and "portable" on projects which
have extended locations or various locations. Payment to
Contractor for the preparation, installation and management of
project sign(s) shall be lump sum for the entire project. The
� number of and type of signs will be stated in the Scope of the
Work section of the contract documents. Lump sum item will be
included in the bid proposal for signs. The particular wording to
� be used on the signs will be determined after contract award has
been approved. Contractor will be provided the wording to be used
on sign at the preconstruction conference.
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FIXED 3IGN: Fixed sign shall be 4' by 6' in size and painted on a
sheet of exterior grade plywood of the same size and a minimum
thickness of 1/2". Sign shall be attached to a minimum of three
pressure treated 4" by 4" below grade pressure treated wooden
posts and braced as necessary for high winds. Posts shall be long
enough to provide secure anchoring in the ground. Bottom of sign
must be a minimum of 24" above the ground. Alternate mounting
system or attachment to fencing or other fixed structure can be
considered for approval. Sign shall be painted white on both
sides with exterior rated paint.
PORTABLE SIGN3: Portable sign shall be a minimum of 24" by 30" in
size and will be attached to a standard sized portable traffic
barricade. Sign material shall be aluminum, 0.080" or thicker,
background of white reflective sheeting, and shall be silkscreen
or vinyl lettering. Portable sign shall be wo signs located and
attached to each side of the traffic barricade.
SIGN COLORING: Background shall be white. Project Descriptive
� Name shall be in blue lettering. All other lettering shall be
black. Basic lettering on sign shall be in all capital letters,
of size proportional to the sign itself.
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SIGN PLACEMENT: Signs shall be placed where they are readily
visible by the general public which pass by the project site.
Signs are not to be placed where they may become a hazard or
impediment to either pedestrian or vehicular traffic. For
Section IV
136
ARTICLE 50: PROJECT INFORMATION SIGN3 CONTINUED:
construction projects outside of the City's right-of-way, the
signs will be placed on the project site. For projects
constructed inside of the City's right-of-way, the signs will be
placed in the right-of-way. Portable signs are to be moved to the
locations of active work on the project. Multiple portable signs
will be necessary where work is ongoing in several locations at
the same time. Fixed signs are to be placed at the start of
construction and will remain in place until the request for final
payment.
SIGN MAINTENANCEe The Contractor is responsible for preparation,
installation, movement, maintenance, replacement, removal and
disposal of all project signs during the full course of the
contract period. The Contractor will place and secure portable
signs from dislocation by wind or other actions. Signs are to be
cleaned as necessary to maintain legibility and immediately
replaced if defaced.
TYPICAL PROJECT SIGN
PROJECT NAME
A CITY OF CLEARWATER ENGINEERING DEPARTMENT PROJECT
FUNDING:
CONTRACTOR:
CONSTRUCTION COMPLETION:
CITY PROJECT MANAGER:
137
Section IV
PHONE
Revised 2/22/02
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BOND NUMBER:
CONTRACT BOND
STATE OF FLORIDA
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS: That we
principal and
whose home address is
as
(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
, 2004 , 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 sa,id Plans and Specifications 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
care or skill, negligence or default, including patent infringements on the part of the said Principal
agents or employees, in the execution or performance of said contract, including errors in the plans
furnished by the Principal, and further, if such "Contractor" or "Contractors" shall promptly make
payments to all persons supplying him, them or it, labor, material, and supplies used directly or
indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of
the work provided for in said Contract, this obligation shall be void, otherwise, the Principal and
Surety jointly and severally agree to pay to the Owner any difference between the sum to which the
said Principal would be entitled on the completion of the Contract, and that which the Owner may
be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or
indirect, or consequential, which said Owner may sustain on account of such work, or on account of
the failure of the said Contractor to properly and in all things, keep and execute all the provisions of
said contract.
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CONTRACT BOND
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� 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 performance of the said work by the Principal or his agents or servants, or the
infringements of any patent rights by reason of the use of any material furnished or work done; as
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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 specifications.
IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this
day of , 2004 .
� ATTEST:
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WITNESS:
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COUNTERSIGNED:
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CONTRACTOR
By:
SURETY
:
ATTORNEY-IN-FACT
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CONTRACT
This CONTRACT made and entered into this day of , 2004 by and between
the City of Clearwater, Florida., a municipal corporation, hereinafter designated as the "City", and
, 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 their 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, inshuctions 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 Contractor is obligated to perform in
accordance with the provisions as contained herein.
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THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S
ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN
CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS
CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM
ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR
DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT
AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S
SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM
ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR,
AGENT SERVANTS OR EMPLOYEES.
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CONTRACT
�2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following
requirements:
In connection with the performance of work under this contract, the Contractor agrees not to
� discriminate against any employee or applicant for employment because of race, sex, religion, color, or
national origin. The aforesaid provision shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruihnent or recruitment advertising; lay-off or
, ternlination; 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 pmvisions 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.
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It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the
event that the work to be performed by the Contractor is not completed within the time stipulated
herein, it is then further agreed that the City may deduct from such sums or compensation as may be
due to the Contractor the sum of $1,000.00 aer dav for each day that the work to be performed by the
Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per
d� shall only and solely represent damages which the City has susta.ined 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, furnish an
additional bond or bonds in such term and amounts and with such surety or sureties as shall be
satisfactory to the City. If such an event occurs, no further payment sha11 be made to the Contractor
under the terms and provisions of this contract until such new or additional security bond guaranteeing
the faithful performance of the work under the terms hereof sha11 be completed and furnished to the
City in a form satisfactory to it. '
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CONTRACT
(3)
IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and
have executed this Agreement, in duplicate, the day and year first above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
By:
William B. Horne, II
City Manager
Countersigned:
By:
Brian J. Aungst,
Mayor-Commissioner
(Contractor must indicate whether
Corpora.tion, Partnership, Company
or Individual.)
(The person signing shall, in his
own handwriting, sign the Principal's
name, his own name, and his title;
where the person is signing for a
Corporation, he must, by Affidavit,
show his authority to bind the
Corporation).
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(Sea1)
Attest:
Cynthia E. Goudeau,
City Clerk
Approved as to form and
legal sufficiency:
Bryan D. Ruff
Assistant City Attorney
(Contractor)
By: (SEAL)
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CONTRACTOR'S AFFIDAVTT FOR FINAL PAYMENT
(CORPORATION FORNn
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 contxact executed on the day
of , 2004, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as
Owner, and that the Contractor was to perform the construction of:
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That said work has now been completed and the Contractor has paid and discharged a11 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 property.
That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes,
, and upon consideration of the payment of (Final Full Amount of Contract) in
full satisfaction and discharge of said contract.
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That the Owner is hereby released from any claim which might arise out of said Contract.
The word "liens" as used in this affidavit shall mean any and all arising under the operation of
the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes.
� Sworn and subscribed to before me
This day of , 2004 .
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NOTARY PUBLIC
My Commission Expires:
BY:
AFFIANT
PRESIDENT
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PROPOSAL BOND
(Not to be filled out if a certified check is submitted)
KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned,
as Principal, and
as Surety, aze 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
as Principal, and
Surety, for work specified as:
as
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.
� Signed this day of
(Principal must indicate whether
� corporation, partnership, company
or individual)
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� The person signing sha11, in his own
handwriting, sign the Principal's
name, lus own name and lus trtle;
' the person signing for a corpora.tion
must, by affidavit, show his authority
to bind the corporation.
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2004.
Principal
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Title
Surety
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 virlue 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 familiaz with the records, minute books and by-laws of
Affiant further says that
(Name of Corporation)
is
(Officer's Name) (Title)
of the corporation, is duly authorized to sign the Proposal for
for said corporation by viriue of
(state whether a provision of by laws or a Resolution of the Board of
Directors. If by Resolution give da.te of adoption).
Affiant
Sworn to before me this day of , 2004.
Notary Public
Type/print/stamp name of Notary
Title or rank, and Serial No., if any
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NON-COLLUSION AFFIDAVIT
STATE OF FLORIDA
COUNTY OF )
being, first duly sworn, deposes and says that he is
of ,
the pariy 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 otheiwise affiliated 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 affiant or any other bidder, or to
fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any
advantage against the City of Clearwater, Florida, or any person or persons interested in the proposed
contract; and that all statements contained in said proposal or bid aze true; and 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
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day of
Affiant
2004.
Notary Public
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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 certificate 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
Advertisement, Instructions to Bidders, Contract Specificarions, Plans, Supplemental Specifications,
General Conditions, Special Provisions, and Contract Bond, that he or his representative has made
such investigation as is necessary to determine the 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, Floricla, as herein and
hereinafter set forth, and fumish the required surety bonds for the following prices to wit:
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PROPOSAL
i2)
If the foregoing Proposal sha11 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 determine that the undersigned has abandoned the contract, and thereupon this
Proposal sha11 be null and void, and the certified check or bond a.ccompanying 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 certified check
accompanying this Proposal, or the amount of said check, shall be returned 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:
(If corporation, give the names and addresses of the President and Secretary. If 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:
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ADDRESSES:
Signature of Bidder:
(The bidder must indicate whether Corporation, Partnership, Company or Individual).
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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
affidavit, show his authority, to bind the corporation.
By:
Business Address of Bidder:
Dated at
City and State:
this
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Title:
Zip Code
day of , A.D., 2004
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.
Addendum No.
Date:
Date:
Date:
Date:
Date:
Date:
Date:
Date:
Date:
Date:
Date:
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(Name of Bidder)
(Signature of Officer)
(Title of Officer)
(Date)
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BID SCHEDULE — UPiIT PRICES
PROJECT: CLEARWATER EXOTIC & INVASIVE SPECIES CONTROL PROJECT
PROJECT NUMBER: 04-0010-EN
BID ITEM
1. Winding Woods-Cypress Bend
2. Cliff Stephens Park
3. Lake Chautauqua
4. Drew St. & Bayview
5. Wetland Enterprise Road
6. Northeast Coachman Park
7. Herbicidal follow-up treatrnents
8. Project signs
*LUMP SUM
CONTRACTOR:
UNIT I QUANTITY I PLTNIT I TOTAL
LS*
LS*
LS*
LS*
LS*
LS*
LS*
EACH
1
1
1
1
1
1
1
3
Subtotal
10% Contingency
TOTAL COST
BIDDER'S GRAND TOTAL $ (Numbers)
BIDDER'S GRAND TOTAL
ords)
THE BIDDER'S TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS iJ1vIT PRICES
AND LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED. THIS
FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE
CITY WILL MAKE THE TABULATION FROM THE iJNIT PRICES AND LUMP SUM
PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE
CHANGED AS ONLY THE IJNIT PRICES AND LUMP SUM PRICE SHALL GOVERN.
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